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HomeMy WebLinkAbout061615 - Agenda - Regular MeetingCity of Diamond City Council • i Tuesday, June16, 2015 6:30p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Steve Tye Nancy A. Lyons Mayor Mayor Pro Tem Carol Herrera Jimmy Lin Jack Tanaka Council Member 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 requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 539-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.Cityof Diamond Bar.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. CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 16, 2015 CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2015-27 Next Ordinance No. 04(2015) 6:30 p.m. Mayor Lead Pastor Jimmy Han, Good News Chapel Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of Certificate Plaque to Haggen, 240 S. Diamond Bar Boulevard, as New Business of the Month for June, 2015. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Update by Los Angeles County Fire Department Assistant Chief Flath regarding the recent Tonner Canyon Fire Exercise and overview of the Department's involvement in the Napal Earthquake Recovery. 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. 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. JUNE 16, 2015 PAGE 2 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 Planning Commission Meeting — June 23, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Concerts in the Park — June 24, 2015 — 6:30p — 8:30p - Southland Band (R&B, Classic Rock), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Movies Under the Stars — June 24, 2015 — Alexander and the Terrible, Horrible, No Good, Very Bad Day - Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.4 Parks and Recreation Commission — June 25, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Independence Holiday — July 3, 2015 — City Offices will be closed Friday, July 3, 2015. City Offices will re -open Monday, July 6, 2015 at 7:30 a.m. 5.6 4th of July Blast — July 4, 2015 — 5:OOp to 9:30p — Diamond Bar High School, 21400 Pathfinder Road. 5.7 City Council Meeting — July 7, 2015 — Cancelled. 5.8 Concerts in the Park — July 8, 2015 — 6:30p — 8:30p - The Kings of 88 (Piano Rock) - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.9 Movies Under the Stars — July 8, 2015 — Maleficent - Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.10 Traffic and Transportation Commission — July 9, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.11 Planning Commission Meeting — July 14, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. JUNE 16, 2015 PAGE 3 5.12 Concerts in the Park — July 15, 2015 — 6:30p — 8:30p - Stone Soul (Soul), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.13 Movies Under the Stars — July 15, 2015 — The Box Trolls - Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.14 City Council Meeting — July 21, 2015 — 6:30 p.m., AQMD Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of June 2, 2015. Recommended Action: Approve. Requested by: City Clerk 6.2 Planning Commission Minutes — Regular Meeting Minutes of May 12, 2015. Recommended Action: Receive and File. Requested by: Community Development Department 6.3 Ratification of Check Register - Dated May 28, 2015 through June 10, 2015 totaling $299,901.49. Recommended Action: Ratify. Requested by: Finance Department 6.4 Contract Extensions for Community Services Department: (a) Approval of Amendment No. 3 to Extend the Agreement with Excel Landscape for Landscape Maintenance Services at Lighting and Landscape Maintenance Districts Nos. 38, 39 and 41, and Washington Park for the 2015/16 and 2016/17 Fiscal Years in the Annual Amount of $333,575; Plus a Contingency Amount Each Year Not -to -Exceed $27,000 for As -Needed Work, for a Total Annual Authorization of $360,575. Recommended Action: Approve. JUNE 16, 2015 PAGE 4 (b) Approval of Contract with Social Vocations Services (SVS) to Provide Weed Removal and Litter Abatement Services in the Amount Not -to -Exceed $23,800 for Fiscal Year 2015/16. Recommended Action: Approve. (c) Approval of Amendment No. 1 to the Agreement with Tennis Anyone to Extend the Contract Period to July 1, 2015 through June 30, 2016 in the Amount of $70,000. Recommended Action: Approve. (d) Authorization by the City Council for Approval of Expenditures of up to $60,000 Payable to Alliant Insurance Services for the Purchase of Tenant User Liability Insurance and Special Event Insurance for FY 2015/16. Recommended Action: Authorize. Requested by: Community Services Department 6.5 Award of Contract to AmeriComp Group Imaging, LLC, for Printer Service and Toner in an Amount Not -to -Exceed $90,000, for the Period of July 1, 2015 through June 30, 2018. Recommended Action: Award. Requested by: IS Department 6.6 Award of Contract to Ameritech Business Systems, Inc., for Copier Service in an Amount Not -to -Exceed $50,000, for the Period of July 1, 2015 through June 30, 2018. Recommended Action: Award. Requested by: IS Department 6.7 Award of Consulting Services Agreement to Comdyn Group, Inc. for As -Needed Information Technology Services in an Amount Not -to - Exceed $250,000 for the Period of July 1, 2015 through June 30, 2020. Recommended Action: Award. Requested by: IS Department JUNE 16, 2015 PAGE 5 6.8 Approval of Maintenance Services Agreement with Woods Maintenance Systems, Inc., DBA Graffiti Control Systems to Provide Graffiti Removal Services for FY 2015/16 with an Option for Four One -Year Extensions. Recommended Action: Approve. Requested by: Community Development Department 6.9 Approve the Execution of the First Amendment to the Memorandum of Understanding with the Los Angeles Gateway Water Management Authority (GWMA) for the Implementation of the Watershed Management Program and Coordinated Integrated Monitoring Program for the Lower San Gabriel River Watershed Group "LSGRWG". Recommended Action: Approve and Authorize. Requested by: Public Works Department 6.10 Adopt Resolution No. 2015 -XX: Denying the Appeal and Affirming the Planning Commission's Decision to Deny Conditional Use Permit No. PL 2014-518, A Request to Allow the Installation of a New Wireless Telecommunications Facility Consisting of 12 Panel Antennas, Three (3) Remote Radio Units, and a 24 -Inch Diameter Microwave Dish Antenna on a 65 -Foot High Artificial Tree (Monopine) and Associated Above -Ground Equipment Cabinets within a 220 Square -Foot Enclosure at a Public Park (Maple Hill Park) Located at 1355 Maple Hill Road (APN: 8293-030-900). Recommended Action: Adopt. Requested by: Community Development Department 6.11 Adopt Resolution No. 2015 -XX: Approving a Five -Year Enterprise Agreement with Microsoft Corporation through Compucom for Software Licenses; and Authorize the City Manager to Execute the Agreement in an Amount Not -to -Exceed $100,000 (Approximately $20,000 Per Year, Over a Five (5) year Agreement). Recommended Action: Adopt and Authorize. Requested by: IS Department JUNE 16, 2015 PAGE 6 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2015 -XX: Approving Tentative Tract Map No. 73201 (Planning Case No. PL 2014-619) to Subdivide Air Space for a 10 -Unit Warehouse Condominium Located at 614-646 Brea Canyon Road (Assessor's Parcel Map No. 8719-010-019). Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive PublicTestimony, Close the Public Hearing, Discuss and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BARBMIPY JUNE 2, 2015 CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:32 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Boy Scout Troop 730 led the Pledge of Allegiance. INVOCATION: Associate Pastor Sung Kim, Gateway Friends Church gave the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons and Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Marsha Road, Public Information Manager; Josue Espino, Associate Planner; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: M/Tye requested that Agenda Item 8.1 be heard following Consent Calendar Items. With consensus of Council it was approved. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye and City Council Members presented Certificates of Recognition to the Diamond Bar High School Badminton Team members upon the occasion of winning their fourth consecutive championship. 1.2 M/Tye and City Council Members recognized "Report for Reward" recipients David Matsukiyo and Matthew Chen. BUSINESS OF THE MONTH: 1.2 M/Tye and City Council presented a City Tile to Kaiser Permanente Diamond Bar Medical Offices, 1336 Bridgegate Drive as Business of the Month for June 2015. Dr. Bigley, Area Medical Doctor, spoke about the services and expansion of the Diamond Bar facility. Dr. Bigley introduced Maggie Pearce, Executive Director, Kaiser Permanente Baldwin Park Medical Center; Victor Chang, Physician in Charge of the Diamond Bar Office Building; and, Reyna Del Haro, Public Affairs Director. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that the City Council has an opportunity to weigh in on a variety of policy issues and other matters within the City Organization/ JUNE 2, 2015 PAGE 2 CITY COUNCIL Government and that City Council Members individually serve on subcommittees, two of which met prior to tonight's meeting. The first was the Audit subcommittee comprised of M/Tye and MPT/Lyons. FD/Honeywell presented the new fiscal Investment Policy that is before Council for adoption tonight. Another subcommittee also comprised of M/Tye and MPT/Lyons is the Public Safety Committee that meets periodically to review public safety matters including Sheriff's Department, Fire Department, Animal Control, etc. Tonight the committee met with the Sheriff's Department and looked at current crime statistics, activities of the Neighborhood Watch Program and a variety of items that the Sheriff's Department brought before it. 3. PUBLIC COMMENTS: Susan Pantages, 1104 Bramford Court, a resident of Diamond Bar for 29 years, said that she and her neighbors have come tonight to urge the City Council to become more aggressive in its investigation and prosecution of birthing houses within the City and specifically, one such house on their street for over two years. She has reported unusual occurrences to CDD/Gubman who has worked with them in documenting and reporting such activity as well as, securing a search warrant. She spoke about what she considered to be illegal activities and warned residents about 15 -passenger white Mercedes Sprinter vans showing up in their neighborhoods and stated that residents should be actively watching and reporting suspicious activities as these vehicles may be linked to transporting pregnant women to airports, doctor appointments and shopping. She has reported these activities to the local office of Homeland Security and they encouraged her to post the phone number for the tip line to report birthing houses. She asked the City Council to post the Homeland Security phone number of 1-866-347-2423 in the Diamond Bar Newsletter and on City Digital Signs and properties and in addition to post laws against this type of business practice with enforceable consequences. Further, she and her neighbors encouraged the Diamond Bar City Council to review current laws and ordinances and if weak, propose and draft new enforceable ordinances. Brian Worthington, reported that a month ago the City committed to expanding the Neighborhood Watch Program throughout Diamond Bar and since last month four new Neighborhood Watch Programs have started. He recognized Michael Ramirez, Deputy Aaron Schiller and Captain Scroggins for their assistance in expanding the program. Also, it appears that five additional programs will begin in the next month. Mr. Worthington stated that Nancy Kim is attempting to stop the cell phone tower at Maple Hill Park and that he and several hundred residents support that as well. With respect to the 2400 acres of Tres Hermanos that are up for sale with 700 JUNE 2, 2015 PAGE 3 CITY COUNCIL acres sitting on the Diamond Bar side he met with C/Herrera who supports having a managed system and residents want to participate in a conversation about Tres Hermanos in an attempt to making it a good thing for all as opposed to unplanned scrawl. Pui-Ching Ho, Library Manager, spoke about upcoming events at the Diamond Bar Library. On Friday, June 5 at 11:00 a.m. the library will offer a baby sign language class; on Thursday, June 11 children are invited to help the library kick off its summer reading program with a fun musical afternoon with Clint Perry and the Boohoo Crew; on Thursday, June 9 teens can make a clock out of a CD; and, a songwriting workshop on Tuesday, June 16 at 2:00 p.m. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano applauded Mrs. Pantages who has been very active working closely with the Community Development Department and its Director CDD/Gubman and Code Enforcement staff in watching the activities within her neighborhood and noticing that there were activities that seemed out of character and suspicious. She and her neighbors have reported those activities as she described and the City has investigated those activities as she indicated. The City needs to gain more information with cases such as this and do everything possible to aid residents — likewise, residents need to do everything they can to aid the City. The City will take phone calls, receive messages, emails, etc. and a variety of techniques that can be used if there is suspicious activity and in particular, a pattern of activity where suspicious mini vans are showing up at the same time of day, night or when activity is taking place that seems to be unusual. The issue of birthing homes is one that is not unique to Diamond Bar — they happen all across the country. In fact, it may have first started in New York City. Diamond Bar has had its share of alleged birthing homes over the last few years and the City has aggressively gone after those when reported and when the City was able to come up with enough information and evidence to either push the entrepreneur with such a business out of the City or prosecute the case. The City has had success in these endeavors but not always and it boils down to having enough evidence to gain an effective prosecution of the crime of having a boarding house in a residential neighborhood which is really the issue. Most of these homes where they do occur have multiple occupants for short periods of time which is a boarding house and which is not permitted in Diamond Bar's single family neighborhoods. Anything the City and enforcement can gain from the residents to aid in such activities the City has undertaken would be beneficial in causing these folks to move elsewhere and/or be prosecuted. At the present time there are only two houses of the 17 or 18,000 in Diamond Bar that the City suspects may be engaged in activity akin to a birthing home and in one case the City is working with the HOA and in the other case working with active neighboring homeowners to gain sufficient information to have a successful prosecution. If anyone sees activities or suspects anything that may be improper, please contact the Sheriff's Department or City Hall at 909-839-7030 (Community Development Department). JUNE 2, 2015 PAGE 4 CITY COUNCIL A comment was made by the second speaker regarding Neighborhood Watch. There are dozens of active Neighborhood Watch Programs within the City. It is locally a program that was created by the predecessors on the City Council and has been actively supported by every City Council Member the City has ever had. The City has been very successful with a variety of Neighborhood Watch Programs, some of which are small and some of which are large. Last night there was a meeting with a neighborhood creating a new Neighborhood Watch Program of about 35-40 area residents. This venue provides an opportunity for residents to speak with Sheriff's Deputies including Deputy Scheller who attended last night's meeting and to talk about crime, crime prevention and what residents can do. Diamond Bar has an extraordinarily low crime rate which is great for those that live, work and recreate here. Though infrequent, the crimes that do occur are very serious to those who are directly affected as well as, to neighbors either in the business community or the residential community. Diamond Bar is very, very proud of its record and is often cited as one of the safest cities in southern California, in all of California and in the nation. Crime rates ebb and flow and with the recent adoption of Proposition 47 is not going to be helpful throughout California and is not going to be helpful when the types of crimes that were previously felonies are now misdemeanors and criminals who would previously go to jail for the offenses of property crimes, which is typically in Diamond Bar, are now getting away with citations or a slap on the hand. However, Diamond Bar has an active and aggressive Sheriff's Department including Deputy Scheller, Lieutenant Takias, Captain Scroggin and the 9,000 men and women in uniform behind those gentlemen. With respect to the comment about vacant land between Diamond Bar and Chino Hills about one-third of the total acreage resides within the City of Diamond Bar and the balance lies within the boundary of Chino Hills. The property is owned by the Redevelopment Agency of the City of Industry. That property will be put up for sale sometime later this calendar year and the process will likely move into the next calendar year and will most probably be sold to development interests. Diamond Bar and Chino Hills have been looking at that acreage for many, many years. In fact, about 18-20 years ago the Tres Hermanos Conservation Authority was created between the two cities and many members of the City Council have sat on that Authority since its inception. That Authority meets as needed but on a regular basis to take a look at the activities on that property, the potential for development in the future and all that encompasses the future use of that acreage. The acreage is very, very restricted. There are only a few hundred dwelling units permissible in Diamond Bar and the same is true on the Chino Hills side. However, that will likely not continue to be the case because there will be development interest late this year into next year at which time there will be an abundance of processes that will include significant public input, environmental reviews, etc. that will take place in the future. It is far too early to tell what will happen with the proposed sale of the property. M/Tye asked CM/DeStefano to comment on Mrs. Pantages point about enacting more aggressive enforcement and what that might look like. JUNE 2, 2015 PAGE 5 CITY COUNCIL 112 CM/DeStefano said that the City believes it already has all of the tools necessary. There are a significant number of layers of legislation, regulation and law that involves what a family is. Staff believes it has sufficient regulations to protect neighborhoods dealing with these types of activities because again, they are fundamentally "boarding houses." As previously stated, the real issue for the City is gathering sufficient evidence to support a successful prosecution wherein lies the difficulty. CA/DeBerry said that the City's Ordinances are fine. They already prohibit the birthing type of uses as well as, other boarding house types of uses. As explained by CM/DeStefano the real rub is getting the evidence to bring to Court that a crime was committed and whether it is a misdemeanor or felony, the City's burden is to show that the crime was committed beyond a reasonable doubt. Even in situations where a subpoena is requested or an inspection warrant to enter the premises is requested the City still has to have probable cause, some evidence to show to the Court to issue a warrant. M/Tye asked that Mrs. Pantages recommendation be implemented and that the number for Homeland Security be made available on the City's website. SCHEDULE OF FUTURE EVENTS: 5.1 Pop -Up City Hall — June 4, 2015 — 9:00 a.m. to 1:00 p.m., Diamond Hills Plaza (Next to HMart), 2825 S. Diamond Bar Boulevard; free hands -only CPR training will be offered by LA County Firefighters. 5.2 Planning Commission Meeting — June 9, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (canceled). 5.3 Traffic and Transportation Commission Meeting — June 11, 2015 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — June 16, 2015 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Lyons moved, C/Herrera seconded to approve the Consent Calendar as presented with MPT/Lyons abstaining from Item 6.1 and with the exception of Item 6.14 withdrawn for separate consideration by M/Tye. 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 JUNE 2, 2015 PAGE 6 CITY COUNCIL 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 STUDY SESSION MINUTES of May 19,2015— as presented 6.1.2 REGULAR MEETING MINUTES of May 19, 2015 —as presented 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of April 9, 2015. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of April 14, 2015. 6.4 RATIFIED CHECK REGISTER — Dated May 14, 2015 through May 27, 2015 totaling $1,494,739.50. 6.5 APPROVED TREASURER'S STATEMENT — Month of April 2015. 6.6 APPROVED THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH ECS IMAGING, INC., EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2016 WITH NO CHANGE IN THE APPROVED NOT -TO -EXCEED AMOUNT OF $87,000. 6.7 APPROVED THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SYTECH SOLUTIONS, INC., EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2016 AT A COST OF $40,000 FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $140,000. 6.8 APPROVED AMENDMENT NO. 4 TO THE CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE TO EXTEND THE TERM OF THE CONTRACT FROM JULY 1, 2015 THROUGH JUNE 30, 2016 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT NINE (9) CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER, THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE MESA TRAIL/TRAILHEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $368,995 EACH FISCAL YEAR, AND AS -NEEDED WORK IN THE AMOUNT OF $25,000 EACH FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT TO EXCEED $393,995 ANNUALLY. 6.9 APPROVED ADJOURNING THE JUNE 16, 2015 CITY COUNCIL MEETING TO JULY 21, 2015. 6.10 (a) ADOPTED RESOLUTION NO. 2015-23: REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015 WITH THE SCHOOL ELECTIONS TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. JUNE 2, 2015 PAGE 7 CITY COUNCIL (b) ADOPTED RESOLUTION NO. 2015-24: REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015 WITH THE SCHOOL ELECTIONS TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. (c) ADOPTED RESOLUTION NO. 2015-25: ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015. 6.11 APPROVED SUPPLEMENTAL APPROPRIATIONS OF $559,591 INTO THE FY 2014-15 BUILDING FEES REVENUE ACCOUNTS AND, $233,547 INTO THE FY 2014-15 BUILDING AND SAFETY CONTRACT SERVICES EXPENDITURE ACCOUNT, TO FUND THE PAYMENT OF RKA CONSULTING SERVICES INVOICES. 6.12 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) TO PROVIDE LANDSCAPE PLAN CHECKING SERVICES FOR THREE FISCAL YEARS (2015-16 THROUGH 2017-18) WITH AN OPTION FOR TWO (2) ONE-YEAR EXTENSIONS. 6.13 AUTHORIZED THE CITY MANAGER TO ENTER INTO A THREE-YEAR AGREEMENT WITH THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY TO SHARE THE COSTS FOR THE INSTALLATION OF MONITORING EQUIPMENT AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TOTAL MAXIMUM DAILY LOADS (TMDL) FOR A TOTAL AMOUNT NOT -TO -EXCEED $30,000 FOR THE TERM OF THE AGREEMENT. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.14 ADOPTED RESOLUTION NO. 2015-26: ADOPTING THE STATEMENT OF INVESTMENT. M/Tye asked that staff provide a report for the benefit of the community. FD/Honeywell stated that earlier this evening the Audit Subcommittee met to review the proposed Fiscal Year 2015-16 Investment Policy. The current investment policy has been unchanged for several years and the investment market as well as, California Government Code that regulates local agencies in this arena has changed over time and the policy before the City Council tonight reflects these changes. The objective of the City JUNE 2, 2015 PAGE 8 CITY COUNCIL 91 continues to be safety, liquidity and yield in that order. Formerly, the City's investment policy was drafted using a National Government Finance Officers Association model. The updated policy was drafted using the provisions outlined in the California Municipal Treasurers Association Certification Program and the CMTA solely focuses on "best practices and treasury management" in the State of California for California treasurers which lends itself more closely to the City's investment requirements and goals. M/Tye thanked FD/Honeywell and said he wanted folks to understand the City is implementing a better policy and as a result, certain things will not be permitted even though they are permitted by law. M/Tye moved, C/Lin seconded, to Adopt Resolution No. 2015-26: Adopting the Statement of Investment. 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 COUNCIL CONSIDERATION: 8.1 APPOINTMENT TO WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE M/Tye asked Jennifer Fraga, to introduced herself and speak about her experience. She stated that presently is attending Azusa Pacific University (APU) and has worked at The National Wildlife Refuge and Don Edwards San Francisco Bay National Wildlife Refuge. C/Herrera moved, C/Tanaka seconded, to approve appointment of Jennifer Fraga to the Wildlife Corridor Conservation Authority Advisory Committee. 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 JUNE 2, 2015 PAGE 9 CITY COUNCIL 7.1 ADOPT RESOLUTION NO. 2015-27: DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT NO. PL 2014-518, A REQUEST TO ALLOW THE INSTALLATION OF A NEW WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF 12 PANEL ANTENNAS, THREE (3) REMOTE RADIO UNITS, AND A 24 -INCH DIAMETER MICROWAVE DISH ANTENNA ON A 65 -FOOT HIGH ARTIFICIAL TREE (MONOPINE) AND ASSOCIATED ABOVE -GROUND EQUIPMENT CABINETS WITHIN A 220 SQUARE FOOT ENCLOSURE AT A PUBLIC PARK (MAPLE HILL PARK), LOCATED AT 1355 MAPLE HILL ROAD (APN: 8293-030-900). CM/DeStefano stated that on tonight's agenda is a Resolution which states that it would deny an appeal confirming the Planning Commission decision to deny Conditional Use Permit No. PL 2014-518, a request to allow the installation of a new wireless telecommunications facility proposed within Maple Hill Park located at 1355 Maple Hill Road consisting of 12 panel antennas, three (3) remote radio units, and a 24 - inch diameter microwave dish antenna on a 65 -foot high artificial tree (Monopine) and associated above -ground equipment cabinets within a 220 square foot enclosure. Prior to opening the Public Hearing staff will provide a report on the details of the application and respond to any questions from Council, and receive feedback from the City Attorney, as needed. Once staff has concluded its conversation with the City Council there would be an opportunity for the applicants to present their project after which the City Council would open the Public Hearing and take public testimony on the matter, close the Public Hearing and take action. CDD/Gubman provided staff's report stating that the matter before the Council this evening is an appeal of the Planning Commission's Denial of a Conditional Use Permit application to establish a wireless telecommunications facility at Maple Hill Park. The applicant and appellant is T -Mobile. He provided the City Council with a brief overview of the proposal, a summary of the review process culminating in the March 10, 2015 Planning Commission Hearing and a discussion of staff's recommendation that the City Council Deny the Appeal and affirm the Planning Commission's decision to deny T -Mobile's request. This project is a request to establish a new co -locatable 65 foot high wireless telecommunications tower in the form of an artificial tree (Monopine). Monopole is the generic term for a cell tower when it is disguised as a certain variety of tree. On the monopine structure the antenna facility would consist of 12 vertical panel antennas, three (3) modules known as remote radio units, and a 24 -inch diameter microwave dish antenna. In addition, a 220 square foot equipment enclosure is JUNE 2, 2015 PAGE 10 CITY COUNCIL proposed which would be architecturally designed to match the other structures and in particular the restroom building in the park which would consist of split -face block walls and wood lattice cover. The antenna array and all of the associated equipment is for the purpose of receiving and transmitting telecommunications data for cell phones and other wireless communications that are provided by the carrier T -Mobile. CDD/Gubman provided an aerial photograph of Maple Hill Park located on the southwesterly side of Maple Hill Drive directly across the street from Maple Hill Elementary School and within a single family neighborhood zoned Single Family Designation RLM. He then displayed an enlargement of the proposed cell site 220 square foot facilities enclosure that would reside just to the south of the far right tennis court and the yellow dashed circle which outlined the location for the proposed Monopine. CDD/Gubman showed a photo looking toward the parking lot in the picnic area in front of the tennis courts which showed the ground location for the proposed Monopine structure and a view from the north looking southwest into the park with an arrow pointing to the proposed Monopine (a photo simulation of the proposed structure). CDD/Gubman stated that the design for this facility was developed through a collaborative process between staff and T -Mobile's project consultant. Staff has a good working relationship with T -Mobile and over the years, the City has processed several applications in the City for them including locations on privately owned land as well as, public property. The Planning and Community Services staff worked with the applicant to come up with the aesthetically preferred placement for the proposed improvements within the locational constraints such as setbacks within the park property. Staff then recommended that the Planning Commission approve the final design. The Planning Commission held its Public Hearing on March 10, 2015 and listened to several neighbors speak who voiced their objections to the proposal. Several speakers described how they use the park and how they appreciate its intimate and natural setting and why they feel the proposed structures would be unattractive from the prospective of a park user and, that the park which is already developed with several amenities would become overcrowded if additional structures were to be added to it. The Commission considered all of the facts and testimony entered into the public record and concluded that the Findings required to approve a Conditional Use Permit could not be made and therefore denied the application. As discussed in the Planning Commission Resolution which is included in staff's report packet attachments, Findings 3 and 5 outline the factual basis upon which the Commission reached its conclusion to deny the JUNE 2, 2015 PAGE 11 CITY COUNCIL request. In a nutshell, the Commission determined that the proposed wireless facility would have a negative effect on the public's enjoyment of the parks aesthetic attributes; and, that the proposed structures would overcrowd the portion of the park used for picnics, gatherings and passive enjoyment. In making its findings the Commission also contrasted Maple Hill Park to other City parks where wireless facilities have previously been approved and why those other locations are appropriate for wireless telecommunications facilities as opposed to Maple Hill Park. Specifically, there are three other parks in the City including Peterson Park with nine usable acres which has wireless communications facilities mounted to sports field lighting. It is a larger park and the park is already developed with structures that are utilitarian in their visual character and the determination was that installing antennas on those structures was an appropriate co -location; Pantera Park which is about 15.5 acres, has lighted sports fields and similarly, wireless communications are mounted on the sports field lighting; and, the Diamond Bar Center consists of about 16 developed acres and there are two artificial trees located at the northern -most end of the parking lot beyond the limits of public congregation. In the three other locations there were clear distinctions drawn between the character and programming of those parks and those facts were used to contrast against Maple Hill Park and why this park being the smallest park in the City for which a wireless communications site was proposed would not be an appropriate selection. Following the Commission's action the City Manager rescinded the City's prior authorization for T -Mobile to proceed with the Maple Hill Park application. This decision was in response to hearing the customers (Diamond Bar residents who use the park) voice their objections to further development at that park. CDD/Gubman said he was before the City Council this evening recommending that the Council uphold the Planning Commission's decision to deny this Conditional Use Permit application. CDD/Gubman responded to some of the statements submitted in writing by the appellant and responded to statements included in the applicant's legal counsel's letter that was entered into the record yesterday that suggests that staff's reversal of its recommendation in support of the Planning Commission's decision was somehow arbitrary, capricious or otherwise inappropriate for which he took issue. When staff worked with T -Mobile on this project staffs recommendation was based on all of the information made available to staff. Staff took into consideration the opportunities and constraints and made a good effort to come up with the best design for a cell site at Maple Hill Park; however, as City staff, they are not residents of this particular neighborhood, staff does not use the park and staff does not have the firsthand understanding of how the residents/customers enjoy this park which is part of the public hearing JUNE 2, 2015 PAGE 12 CITY COUNCIL process. Staff conducts its analysis and moves forward with a recommendation, but a public hearing must be held so that the transparent deliberation can occur and the public has to be given the opportunity to provide information to help the Planning Commission reach its decision. So, after hearing all of the testimony and evidence entered into the record which staff heard as well, the Planning Commission made its decision and staff is here to convey the Planning Commission's recommendation to the City Council and to support that recommendation. CDD/Gubman addressed another remark in T -Mobile's legal counsel's letter that Maple Hill Park is the only available site to close the coverage gap in this service area which is actually not accurate. In the appellant's formal appeal that was submitted it acknowledges that Maple Hill Elementary School and locations within the Public Rights -of -Way are other alternatives to locating a telecommunications facility to close that coverage gap. The appeal that was submitted noted that Maple Hill Elementary School is not an option for them because the property owner did not give authorization for T -Mobile to apply to place a cell site on their site. As far as the Public Right -of -Way option, the appellant articulated reasons why they find that not to be a feasible option for them to pursue. Finally, there are statements in the appeal and in the subsequent correspondence that Maple Hill Park has been pre -approved or is a "preferred" site for a wireless telecommunications facility and that is incorrect. In fact, the City's Municipal Code identifies zoning districts where certain land uses may be allowed provided that a Conditional Use Permit is granted. So for wireless communications facilities that includes commercial, industrial and office zoning districts and also references what is called a Wireless Facilities and Opportunities Map was adopted circa 1998 and what is basically an inventory of schools, parks and other public facilities and churches within the City that are located in residential zoning districts but are not residentially used properties. There was no preference or pre -approval for any of these sites — these properties were merely added to the inventory of land within which conditional use permits could be applied for, but the decision to approve a conditional use permit on these "opportunity" sites as with any other zoned property in the City, is a decision that is subject to the Conditional Use Permit Findings. CDD/Gubman concluded by reiterating that after holding the Public Hearing and considering all testimony including information contained in the oral and written record, staff recommends that the City Council Deny the Appeal and affirm the Planning Commission's decision to Deny the Installation of a new wireless telecommunications facility at Maple Hill Park, based on the Findings set forth in the Resolution (attachment 1 in the Council packet). JUNE 2, 2015 PAGE 13 CITY COUNCIL C/Herrera thanked and complimented staff on the very thorough report (320 pages) that they provided for Council. C/Tanaka thanked staff for providing the City Council with a thorough report and the Planning Commission for their work in making sure everyone was heard through the transparent Public Hearing. C/Lin asked CDD/Gubman the date of the appeal. CDD/Gubman responded that the appeal was submitted on April 3, 2015. The Public Hearing was held on March 10 and the conclusion of that meeting the Commission continued the matter to March 24 so that staff could prepare a denial resolution for their adoption on March 24 so the appeal period started on March 24. M/Tye asked the applicant to provide a presentation to the Council. Martin Fineman introduced David Wilkerson, Engineer with T -Mobile who will describe the need for this project, Len Jensen from Cortel, the organization that worked with City staff to design the submission the applicant felt was the ideal design for this project at the ideal location. Mr. Jensen will also describe T -Mobile's investigation of other potential locations and why they simply will not work. Mr. Fineman said he would speak again briefly after Mr. Jensen and then Jennifer Navarro Yhap, Development Manager with T -Mobile will speak. In addition to the presentations, the applicant and representatives are happy to answer any questions the City Council may have. Mr. Fineman stated that T -Mobile submitted an appeal letter on April 3, 2015 which was intended to be complete and supplemented by numerous exhibits to complete the story. Yesterday T -Mobile submitted a letter that was meant to address the staff report which came out late on Friday afternoon. He wanted to be sure the Council had received those submissions. Mr. Fineman said that one important piece of context is that the conversation is about facilities that are necessary in order to provide mobile communications including mobile phones and smart phones which make calls, accesses the internet and for sending and receiving text messages. Mobile phones and smart phones have become ubiquitous throughout society and are essential today. He said he expected that if he were to ask for a show of hands as to who has a cell phone and who has a smart phone, every hand in this chamber would go up. Mobile phones are essential in order to keep in touch with family, friends, business associates, to make emergency calls to police, fire, ambulance services, to access the internet and to send text messages and much more. Days of the landline are basically behind us. Not only are mobile phone JUNE 2, 2015 PAGE 14 CITY COUNCIL ubiquitous but for many, many people they are the only link they have to family, friends, emergency services, etc. Everyone wants and needs a mobile phone but the truth of the matter is that they work only if the facilities are allowed in order to enable them to work — if the infrastructure is provided and the equipment is provided in order to make them work. What this appeal has to do with is, as the Council has heard, the area surrounding Maple Hill Park here in the City of Diamond Bar. What the Council has seen in the materials submitted and what Mr. Wilkerson will discuss in a moment, there is a significant gap in wireless service coverage throughout the neighborhood surrounding the park. Mr. Wilkerson is an engineer and he will describe that gap in service to the City Council. This is a very significant gap by any measure — by size of the gap, by the number of people who live there, travel through and visit the area. In fact, in terms of the number, it is roughly four percent of the entire population of the City of Diamond Bar. T -Mobile and Cortel set out to find an appropriate site to place this equipment necessary in order to fill that gap and to solve this problem. Mr. Jensen will tell the Council about the various locations that were considered and why it was ultimately determined for good and obvious reasons that none of them would work. Mr. Fineman said this appeal is different from other zoning and permit appeals the Council hears on a regular basis for a number of reasons. One important reason is due to the City's Municipal Code and what it provides specifically with respect to the sighting of wireless telecommunication facilities, quite different than the zoning rules that pertain to other kinds of projects. The Municipal Code addresses specifically and separately the issue of land use controls for wireless telecommunication facilities under Section 22.42.130 of the Diamond Bar Municipal Code. To be even more precise, Section G43 addresses this matter of wireless telecommunication facilities in areas such as the Maple Hill area. Wireless telecommunication facilities under the law in this City may only be located in a residentially zoned district on church property, a school, a water tank or a public property or other similar facilities. Furthermore, the Code itself references the City's Telecommunications Facilities and Opportunities Map. The site under discussion in Maple Hill Park is one of those very few spots that are specifically identified as allowable for and as a preferred location, for placing these facilities. His point is that this is different than other land use and zoning decisions that the Council makes. Here the Code dictates exactly where a wireless telecommunications facility may go and in this area under discussion to address this serious need by a large number of residents of this City, the park is the only location that is available and more than that, it is identified specifically as a preferred opportunity location. So the decision is different from other decisions the Council makes for an additional reason other than the City's law, but because of federal law of which there are a number that pertain exactly to what cities, counties and states can do in terms of zoning decisions for wireless telecommunication facilities. So JUNE 2, 2015 PAGE 15 CITY COUNCIL unlike a decision that this body may make about where a Walmart, car dealership or gas station might go, there are specific federal laws that dictate when a city must approve an application for a wireless telecommunication facility and that is not addressed whatsoever in any of the submissions from City staff. These statutes include Section 253, 332 and 1455 of The Telecommunications Act. Federal law quite simply forbids a city from denying a permit for wireless telecommunication facilities under a number of circumstances. For example, a city cannot discriminate among carriers so a city cannot say that Verizon is allowed to have wireless facilities on their parks but T -Mobile is not. Cities cannot do that. It is unreasonable discrimination between carriers which is exactly what would happen here should the Planning Commission's decision be upheld. A city cannot deny a permit because of concerns over radio frequency emissions and the record is replete with the fact that that was the main subject of the testimony at the Planning Commission. That is something that federal law very plainly says a city may not utilize as a factor in making such a decision. A city cannot deny a permit based on conclusions unless they are supported by substantial evidence contained in a written record which addresses matters like statements about aesthetics or property value unless there is specific substantial evidence that would support it. Where there are the photo simulations that were shown by staff with pictures of what this facility would look like there was an arrow pointing to where this tree would be amongst a stand of trees. He respectfully submitted like the game "Where's Waldo" if that arrow was not there he suspects that no one would even be able to tell where the (Monopine) was, one more tree amongst a stand of trees in a park full of trees. A significant gap exists in the area surrounding and including this (Maple Hill) park and this is not only the best way to address it but it is the only way to address it. If the City's Code is combined with the federal law, the federal law says that a wireless carrier is entitled to a permit if a significant gap exists while City Code says that the only location that would potentially be available to T -Mobile is the park, the permit should be granted. James Wilkerson, T -Mobile Engineer, provided details about the significant gap in coverage. Summarizing why this site is needed, Mr. Wilkerson said that the Maple Hill Park site is needed because T -Mobile has a significant gap in coverage due to an inability to provide the reliable wireless coverage in buildings and in vehicles that customers expect and need. In the map example show there is a significant gap in the magenta colored polygon. People in that area may not be able to reliably sustain calls or data communications while in their homes and in some areas not even reliably sustain calls while in their vehicles. This is a very significant gap in coverage. It is significant in size covering approximately .35 square miles of the City, bound by Birdseye Drive to the north, Mountain Laurel JUNE 2, 2015 PAGE 16 CITY COUNCIL Way on the south, Ironbark Drive on the east and Blenbury Drive on the west. The gap is significant in population with approximately 2,130 people who reside within the gap with many more visiting the area or driving through it. The area of the gap includes homes, schools and a park as well as, heavily traveled roads. There is need to provide good emergency 911 service within this gap. The proposed Maple Hill Park site solves the gap in coverage. There were approximately 3,420 Emergency 911 calls made in Diamond Bar on T -Mobile's network over the past year — 285 per month or 10 calls a day. It is T -Mobile's intent to have sufficient facilities throughout the communities to ensure distressed callers wireless phones have adequate signal available to make an emergency call, stay connected with 911 operator and be found by emergency personnel. In conclusion, he said he would applaud the Council's approval. M/Tye reiterated the applicant's claim that this gap affects 4 percent of the City's population and that there are 2138 people in this area that the speaker outlined and asked if that was correct. Mr. Wilkerson responded "that is correct." M/Tye then asked how the applicant came up with that number of 2138 people. Mr. Wilkerson responded that it is census block data. M/Tye asked Mr. Wilkerson to explain "census block data." Mr. Wilkerson responded that census block data is a basic rollup of the residential area and individuals within that bounded geographical area. M/Tye asked if Mr. Wilkerson was talking about 2138 residences or 2138 people. Mr. Wilkerson responded that he was talking "people." M/Tye asked how many of the 2138 people were T -Mobile subscribers. Mr. Wilkerson said he did not have that data available. Mr. Fineman said the issue of whether a city council ought to take into account the number of residences versus the number of those residents that are subscribers to one particular carrier has been authoritatively addressed by the Courts and the answer is that it is the total number of residents not whatever portion it may be that happen to be subscribers to any one particular carrier. This issue was addressed by the federal court in the Huntington Beach case, by the 9th Circuit in the Metro -PCS v. City of JUNE 2, 2015 PAGE 17 CITY COUNCIL San Francisco case. While it is a perceptive question it is one that the courts indicated how city council's need to go about making that decision. M/Tye said he understood what Mr. Fineman was saying. One of the questions he had as he reviewed Mr. Fineman's letter refers to a "significant gap" and it is up to the Courts and up to the attorneys to figure out how that will be decided but M/Tye said he did not know how the applicant could determine there is a significant gap if you cannot tell the Council how many in that area that was shown on the map are T -Mobile subscribers. Mr. Fineman reiterated that that question has come up before and Courts have said that the matter needs to take into account the total population because someone who is a Verizon customer yesterday becomes a T - Mobile customer tomorrow. That happens frequently. Mr. Fineman said that with respect to CDD/Gubman's presentation, a feasible alternative is one that is zoneable, constructible/buildable, technologically feasible and leasable and if it lacks any of those characteristics it is not an available alternative. For example, if the school district simply says it will not lease to a carrier is not an alternative. Len Jenson, Cortel, described the initial cooperation with City staff in coming up with a solution to the gap in coverage and the best possible design location for a proposed wireless facility. Cortel worked closely with AP/Espino in order to design a T -Mobile site appropriate for the area. Pursuant to the Diamond Bar Ordinance, City parks are among the few preferred locations for wireless facilities and Maple Hill Park is located within that small area that would remedy T -Mobile's significant gap in service. In October, Bryce Novak of Cortel and AP/Espino attended a site -walk at the park where various options and location were discussed. The original faux Eucalyptus tree design was considered but rejected by City staff because it would not allow for the future co -location of additional wireless carriers, co -location being the ability of other wireless carriers to share space for their antennas and equipment on the same tower which the City's Code requires (co -location where possible). City staff chose the taller Monopine option in order to accommodate future co -location. Following the site walk AP/Espino discussed the matter with CDD/Gubman and a Monopine design was selected as the preferred type of faux tree for the park. Also, per AP/Espino the proposed location of the Monopine and equipment enclosure near the tennis court was the favored location of both CDD/Gubman and CSD/Rose. Based on this cooperative effort with the City of Diamond Bar, staff's recommendation to the Planning Commission was to approve T -Mobile's proposed Monopine design. Alternative sites, other sites that were looked at and carefully considered before being rejected for various reasons upon which he will elaborate, were severely limited in this part of the City by the Planning JUNE 2, 2015 PAGE 18 CITY COUNCIL Code which has been discussed. Several alternative sites were reviewed carefully by T -Mobile before Maple Hill Park was selected. These sites include Site #1 which is Maple Hill Elementary School. In the past T - Mobile proposed a flagpole at the school and was asked by the district to withdraw their zoning application based on community opposition. The Walnut Valley School District confirmed that they are still not interested in a wireless facility on their campus. Site #2 was Chaparral Middle School. Walnut Valley School District stated that it was not willing to allow a site on the campus. In addition, even if the school district would allow access (a facility) the location would not remedy the significant gap in coverage and, after being evaluated as a potential site by T -Mobile RF engineers, was rejected as a solution. Site #3 was the WWWD water reservoir. T -Mobile RF engineers also evaluated this location and rejected the site because it is located too far west of the significant gap in service and as a result would not remedy the hole in coverage. Site #4 is the possibility of a microcell. In order to achieve the same coverage of the proposed Monopine multiple microcells would need to be installed on existing light poles in the right-of-way. However, the 25 foot existing poles are too short to propagate a signal over homes and trees and are not structurally capable of supporting wireless equipment. So the solution here would require the installation of new poles at nearly twice the height and diameter which would be more obtrusive than the single Monopine at the park (Maple Hill) and in addition, these facilities would be very close to homes and much less likely, he believed, to be approved by the Planning Commission. Site #5 — major thoroughfares surrounding Maple Hills Subdivision were considered but not feasible due to distance away from the coverage objective as well as, the topography in the higher elevation at Maple Hill. T -Mobile currently maintains facilities at South Diamond Bar Boulevard and Grand Avenue but due to topography and distance they cannot provide service to the gap area. For all of these reasons Maple Hill Park is the only technologically feasible and available site to remedy T - Mobile's gap in service. M/Tye said that the applicant has described a "significant gap" and have laid out why four of the five ideas proposed by staff will not work. What if there was no park at this location. Mr. Jensen said there would continue to live with a gap in coverage. M/Tye said so T -Mobile would continue to live with what they refer to as a "significant gap". Mr. Jensen responded "correct." C/Lin said he was curious about how long T -Mobile had been servicing this area and why they waited so long to determine there is a gap. JUNE 2, 2015 PAGE 19 CITY COUNCIL Mr. Jensen responded that gaps have existed in residential areas where traditionally, these cell towers are not zoned except for in public parks, public facilities, churches, etc. C/Lin said if this gap has existed for 20 plus years and there has been no issue about the gap in coverage why all of a sudden does T -Mobile want to fill this gap. Mr. Wilkerson responded that there has been exponential grown that is taking place in the wireless sector and it is T -Mobile's desire to make services available to the subscribers in these areas where service is currently deficient for T -Mobile. T -Mobile is looking to level the playing field and have the opportunity to provide service to the 2000 plus people living in the gap area. C/Lin said that if T -Mobile is trying to be competitive are there other towers on which T -Mobile can co -locate? Mr. Wilkerson said he was sure that discussions have taken place to co - locate where possible. Other carriers operate on different frequencies and in respect to coverage this service gap also has elevated terrain all around it. To the north it is a 35 foot increase in elevation; to the west it is 80 feet. To the east it is 30 feet. So again, other carriers operate on a different spectrum of frequency so they require fewer sites than T -Mobile and T - Mobile is looking to leverage that with Maple Hill Park and may need one or two additional sites in these underserved areas. MPT/Lyons asked if T -Mobile had been tracking the number of complaints it had received from that area. Mr. Wilkerson said that residents have phones on the provider that provides service to them so the numbers would be higher providing T - Mobile had service in a community. So if he does not have service in a community and he needs it for work, business or emergencies he will pick a provider that can provide service in vicinity. MPT/Lyons said so Mr. Wilkerson is saying T -Mobile does not have any subscribers in that area and this installation would allow T -Mobile to get subscribers. Mr. Wilkerson said it would allow T -Mobile to increase the number of subscribers. He does not have a total amount but the opportunity that the site would provide would level the playing field allowing T -Mobile to have a substantially larger customer base in that area. MPT/Lyons said she understood his earlier point about it not only being residents but also visitors into the area that would want the service and JUNE 2, 2015 PAGE 20 CITY COUNCIL surely some of the visitors would have complained if they were unable to get service and MPT/Lyons asked again if T -Mobile was tracking the complaints about dropped service. Mr. Wilkerson said that T -Mobile does track the number of dropped calls but in terms of volume he does not have the number. M/Tye said so T -Mobile has no record of complaints from this area, is that correct. Mr. Wilkerson said that over the last 90 days he has had about 10 complaints of no coverage. M/Tye said he is a T -Mobile subscriber and knows areas or parking structures where there may be a gap in service and tells people he will call them back. If he takes his phone and tries to call his wife from the AQMD Auditorium he gets a message that says there is no cellular network available. He lives with that and understands that it is part of the technology. He asked Mr. Wilkerson if there was no park in this area what would T -Mobile do. Mr. Wilkerson said T -Mobile would continually be in pursuit of identifying a facility that would give T -Mobile the opportunity to provide coverage to that area. By having a phone and being able to inform someone that "I'll call you back because I'm now entering into a no -coverage zone" is an area where a carrier like T -Mobile is looking to excel and make sure it does provide service because usually having ubiquitous coverage anywhere and everywhere one goes for personal reasons or emergency, T -Mobile does not like for its customers to not have service where they live, work and play and so it is his desire as part of the engineering team to understand those needs and make sure T -Mobile is doing everything possible to give residents and business owners coverage they deserve. M/Tye said he understood and appreciated what Mr. Wilkerson was saying, especially as a subscriber. What he is saying is that, and that is why he asked about the park specifically, if he understands what Mr. Wilkerson is telling him about these 2138 people, it will provide coverage. But a block or two or five over there will be another significant gap and he does not know that Diamond Bar can solve all of the problems that T - Mobile has by saying it is okay to put a cell tower in a park. He respectfully disagreed with Mr. Fineman when Mr. Fineman made the statement that these are "necessary" for communication because and M/Tye would disagree with that entire premise because he believes they are a "convenience." When he passes on Diamond Bar Boulevard or Golden Springs he knows it is a possibility he will have a dropped call. He knows when he takes Grand Avenue from Diamond Bar to Chino Hills he will be without coverage as well. That is an inconvenience. In his lifetime JUNE 2, 2015 PAGE 21 CITY COUNCIL an inconvenience used to be when one could not find a payphone. A serious inconvenience was when you could not find a payphone with a telephone book. So, this is a convenience today and the City needs to accommodate that as much as possible but he does not see it as essential at all. Mr. Fineman responded to M/Tye's question and comments with the greatest respect for this and every city council. The federal government has made that decision already. There is federal law Section 332 of The Telecommunications Act that plainly says a city council, county or state must grant — may not deny a permit where there is a significant gap and this (Maple Hill Park) is the least intrusive alternative to meet that objective. A city council simply may not say we think pretty good cell coverage is good enough for our town or so long as Verizon has good coverage we do not care if AT&T does not. With all respect, the law could not be clearer, that is not a decision that cities are allowed to make. The federal government has decided and the FCC requires carriers to provide ubiquitous coverage which is not a decision the City is allowed to make. The federal government has already enacted statutes that say cities cannot do that — Section 253 and 332. He offered that comment as context that to say that this is a convenience or we could all do without cell phones is a decision the federal government has already made. C/Lin said that if the federal government has said this is not the City's business why does T -Mobile come before this City Council. Mr. Fineman responded that cities can ask for permits but what the federal statutes do is say there are certain circumstances where cities must grant the permits and cities cannot discriminate. Some cities do not require permits but a City can require permits but there are circumstances dictated by federal law where a city must grant the permits. Mr. Fineman talked about issues raised during the Planning Commissions deliberation. With respect to aesthetics, this location and design was designed according to the requirements of the City's Code and with strong input from and collaboration with City staff which their report indicated. This included the support structure for the antennas as a faux pine tree which would blend into the many other trees in the park; the equipment cabinet was designed in a color, material and texture that would coincide with the nearby restroom facility; and, the photo simulations show that it is difficult to spot where the tree is amongst the many other trees. In his opinion there was some misinformation about the use of a pine tree as opposed to some other kind of a tree. T -Mobile originally proposed a Eucalyptus tree because there are many such trees in that park. Staff requested that T -Mobile switch that design to a pine tree in order to allow co -location with other providers. As the Council knows, the decision it makes does not have to simply be to grant or deny the appeal, the Council JUNE 2, 2015 PAGE 22 CITY COUNCIL can grant the approval with conditions. If the Council would prefer it to be a Eucalyptus T -Mobile would prefer that or any other tree and be very happy to accommodate that condition. He was at the park earlier this evening and there are many, many pines, Eucalyptus, Maples and other kinds of trees. He said he also believed that the staff report and Planning Commission used some inappropriate language when it faults the proposal for not being "invisible' since it repeats language that "this would be visible. The standard of course is not that it would be invisible and of course that would be an impossible standard to meet. M/Tye asked if Mr. Fineman believed that if "invisible" could not be the standard if he would agree that a better word would be "intrusive". Mr. Fineman agreed that "intrusive" would be a better word. Mr. Fineman said a claim has been made that this project will reduce the recreational use of the park and that is also not true. If the addition of one tree among many, many trees in this beautiful tree -laden park and the addition of an equipment cabinet in an inaccessible part of the park (behind the tennis courts in a drainage area which is not accessible) reduces the recreational use of the park there is no logic to this assertion. Again, if these locations were picked by staff and if the Council would prefer the tree be moved all the way into the hillside area that is filled with scrub brush T -Mobile would be happy to do so. Comments were made by staff about the supposed lack of proportion to the size of the park and quite frankly, he understood that argument as a little bit defensive. Other carriers have been allowed to place their facilities in other City parks such as Peterson, Pantera, and Diamond Bar Center so the notion that adding a tree and structure in this unobtrusive area would be out of proportion to the size of the park is also not logical. The tree is the size of a tree and the equipment cabinet is 220 square feet (10x22) and would be placed in an inaccessible spot. The park is four developed acres and a total of 5.43 acres overall and the idea of adding one tree and a tiny structure in an area people do not use is somehow out of proportion to a 5.43 acre park is, he thinks, not correct. There was an assertion that other locations were not investigated and Council has heard from Mr. Jensen that other locations were carefully investigated and ruled out. The way the process works is that it is not enough for a City to say well maybe this spot and maybe that spot. If a city is going to deny a permit it has to be on the basis of okay we won't give you this but we will give you this other location and T -Mobile has not heard any other location that the City would grant. T -Mobile respectfully asks and urges the City Council to grant the appeal, to reverse the decision of the Planning Commission and to grant the permit with or without the conditions. Jennifer Navarro Yhep, Development Manager, T -Mobile, thanked M/Tye, Council Members, staff and residents for hearing the T -Mobile appeal to JUNE 2, 2015 PAGE 23 CITY COUNCIL have a telecommunications facility approved at the Maple Hill Park. T - Mobile's desire is to provide excellent service to the residents, visitors, businesses and emergency responders of Diamond Bar. As stated, the proposed facility is necessary to allow T -Mobile to accomplish this desire. As her colleagues mentioned, this location (Maple Hill Park) is the only viable location from which to provide coverage to T -Mobile customers. T - Mobile has worked long and hard with City staff to design and locate the ideal site which will comply with the zoning rules and safety regulations and will minimize impacts on park users to the greatest degree possible. It was the result of that consultation and collaboration with the City to relocate within the park where it is less visible, creates a design that blends, provides for landscaping to maintain the beauty of the park and to secure the grounds for the safety of the residents including children. T - Mobile believes this design is the least intrusive means to remedy the significant gap in T -Mobile's coverage. In summary, the park (Maple Hill) is the only feasible location and T -Mobile ended up within the park with this design rather than T -Mobile's original proposal at staff's urging. T - Mobile respectfully asks the Council Members and the Mayor to reconsider the Planning Commission's decision to approve the T -Mobile facility since this will be a great improvement to the telecommunications services, to the community and T -Mobile customers. If the Council believes that there are remaining issues, please approve the facility subject to the Conditions such as changing from a faux pine back to Elm or Eucalyptus or that additional landscaping be provided. T -Mobile is willing to work along with the Council to secure the T -Mobile facility. Thank you so very much. M/Tye thanked the speaker. CA/DeBerry addressed comments made by Mr. Fineman orally and written and attempted to focus the conversation on those items that are relevant. Initially there was a comment made that not approving this CUP would result in the City discriminating against carriers. He is not aware of any evidence in the record that the City has granted any other carrier a cell site in this park or that T -Mobile has been denied a cell site in some park where other cell providers are located so he does not see any basis for a discrimination claim. Mr. Fineman seemed to try and attribute the public comments regarding health effects from radio frequency to the Planning Commission. There is nothing in the Planning Commission Resolution that denied the cell tower on this basis nor were there any comments from the Planning Commissioners that he saw in the minutes that denied the project on this basis. The reality is that the Planning Commission really has no authority to prevent the public from exercising their First Amendment rights. Just because health effects are not relevant to the decision does not mean that the public cannot come up and comment on the matter and the Planning Commission has no authority to JUNE 2, 2015 PAGE 24 CITY COUNCIL tell the public they cannot make those comments. What this body cannot do though is consider the health effects when determining whether or not to issue this Conditional Use Permit. He agreed with Mr. Fineman's contention about the number of T -Mobile subscribers in the area not really being relevant. There were different decisions in different circuits as to what was meant by a "significant" gap in coverage. Some circuits, not the 9a, Circuit which governs California, determined that if there were multiple users i.e. four users, four cell phone providers did have coverage and one did not that did not constitute a significant gap, but he agrees with Mr. Fineman's conclusions that at least the law in the P Circuit is that if a particular cell phone provider has a gap in coverage that in and of itself would be a "significant" gap. Whether or not they can meet that criteria is a different question altogether, but governing bodies do not look at multiple users. The reason for this is that one of the purposes of The Telecommunications Act was to further competition. So the purpose is to give people in the area multiple opportunities to pick from their subscribers. The fact that a certain cell provider may not have many subscribers in an area could well be because there is a gap in coverage. So it becomes circular and it becomes a catch 22 for the cell provider. The definition of a "significant" gap is whether or not the facility will fill in a significant gap in the ability of remote users to access the national telephone network. There are not any bright line tests. He wishes there were and probably the cell phone providers wish there were bright line tests as well. MPT/Lyons brought up the issue of call failure rates which is one of the factors. The number of people impacted by the gap is another factor and T -Mobile addressed that issue. CA/DeBerry stated that with respect to a couple of issues in Mr. Fineman's letter, the first is the City Code requirement that the applicant have the property owner's consent to seek the Conditional Use Permit. This is criteria #1 in the Municipal Code and as was noted in staff's report, the City Manager gave his consent initially but later withdrew that consent which is apparently what happened to T -Mobile with respect to the school district's site. T -Mobile appears to argue that the City Manager did not have any authority to withdraw that consent prior to the permitting process being finished but he is not aware of any legal basis for that conclusion. There is nothing in the Code that says a property owner cannot withdraw their consent at any point in time. The consent itself was not unconditional. It did not say that the City Manager would not withdraw his consent. Certainly it would appear or certainly logic dictates that if the City Manager has the authority to give consent that he has the authority to withdraw that consent. Obviously, the City Council has the ability to override the City Manager's decision and give that consent if it so desires. But as of this moment, T -Mobile has not met the first requirement in the Code and that is, it does not have the property owner's consent to place a cell tower there. JUNE 2, 2015 PAGE 25 CITY COUNCIL The second relates to Finding #3 which is in the Planning Commission report for the CUP and that is whether the design, location, size and operating characteristics of the proposed cell tower are compatible with the existing use of the property. Maple Hill Park was Quit Claimed by the County of Los Angeles to the City of Diamond Bar. There is a deed restriction which says that the park can only be used for park purposes. That does not necessarily mean that the City cannot make an incidental use or allow a private commercial operator to be on the park property, but it typically either has to further the public park use or it has to be so limited that it will not interfere with the public's use of the park. The proposed cell site is clearly not a public park use so in order to not violate the deed restriction the Council would have to make a finding that it is incidental to the park use and does not interfere with the public's use of the park. Mr. Fineman drew the conclusion that the City was required, apparently, to allow them to have a cell tower on this particular piece of property. By analogy that would essentially mean that T -Mobile has the authority to condemn public park property for its own commercial use. CA/DeBerry does not believe that is what federal law says. The federal law does not require the City to consent to the use of its public park for a private commercial cell tower. In fact, with the deed restriction, the City would have to indicate that perhaps one way of showing that this was to further the park purpose was if the City entered into a license agreement and used those revenues for park maintenance which might be a particular Finding the Council could make. As noted by T -Mobile, even if the CUP is approved they still need a license agreement from the City Council and he is not aware of any law which would interfere with the City Council's legislative discretion whether or not to approve a contract. So without the City's permission to even have the cell tower the Conditional Use Permit in and of itself would be of no value. CA/DeBerry further stated that having said all of the above, the City Council certainly has the authority to uphold T -Mobile's appeal on the basis of what T -Mobile has said in its written and oral correspondence. Another option as noted in staff's report and as stated by T -Mobile is to condition the approval on a different location or maybe a different look to the cell tower. These are all things the City Council can consider. The tower could be moved to a remote location if so desired. Before the City Council opens the public hearing he would ask the public to come to the City Council with comments based on things that are relevant to the City Council's decision and things that are not relevant to the City Council's decision at this point are the effect on property values and whether or not the radio frequencies have detrimental health effects which are not proper considerations for the City Council. JUNE 2, 2015 PAGE 26 CITY COUNCIL C/Herrera asked for clarification about things she heard Mr. Fineman say several times. One was that the City must approve this application under certain circumstances and his statement kind of implied that T -Mobile has condemnation powers over the City to where this CUP must be approved. CA/DeBerry said that in response to C/Herrera, he believed that if this application were for a private property owner and the private property owner had given consent that could potentially be true. But again, without the consent of the property owner the Conditional Use Permit is of no value and the Code requires that we have the consent of the property owner. So if the private property owner had withdrawn their consent for the CUP the City would site that as a reason to deny the CUP whether it was a different property owner or the City is a property owner. What Mr. Fineman said is that once there is a significant gap in coverage typically the City would have to grant a conditional use permit if the cell tower was the least intrusive means of providing or filling that gap in coverage. CA/DeBerry said that there is not much evidence in the record at this point that would be in opposition to T -Mobile's contention that there is a significant gap. If that is an area where the City Council would like further exploration that can be done but at this point the weight of the evidence in the record is that there is a significant gap in coverage. C/Herrera said that Mr. Fineman indicated that the City must provide an alternative location if the Council denies this location. CA/DeBerry said that he believes that is a little bit of a different issue. Maybe the City has to look back at its Zoning Code and determine whether or not it should make other sites available if there is a finding that there is a significant gap. But what the City is required to do is to provide opportunities for cell site locations. So for instance, if this was in a commercial zone and there was a gap in that commercial property but the City Code allowed a cell tower to locate anywhere on all of those commercial properties but the property owners just did not want a cell tower that's not the City's fault because it has provided those opportunities. In this case, there are other properties where the cell tower could locate but those property owners do not want the cell tower either. But it does not necessarily mandate then because property owners do not want a cell tower on their property that the City then has to come up with different opportunities. This is a bigger umbrella issue and maybe a little bit outside what is before this City Council. M/Tye opened the Public Hearing. He asked that speakers be brief and concise in their comments and if they believe their comments have been spoken by previous speakers they may feel free to withdraw their requests to repeat comments. He asked the first speaker to come forward and the next speaker to be ready. JUNE 2, 2015 PAGE 27 CITY COUNCIL Bernie Siu, 22319 Birdseye Drive, asked for show of hands from those who oppose construction of the cell tower at Maple Hill Park. He said that as residents of Diamond Bar, he and others sincerely urge the City Council to support the Planning staff and Commissioner's recommendation by denying T -Mobile's appeal of their Conditional Use Permit No. PL2014-518. The Diamond Bar community would like to thank the Planning Commissioners and staff for the openness in taking the community's voice of concern into consideration and acting diligently resulting in a denial recommendation to this ill-conceived cell tower proposal and sincerely hope the City Council will do the same for the community. Topic 1: He and his fellow presenters will present to the City Council that the community has united in opposition to the proposed cell tower at Maple Hill Park. Topic 2: They will show how incompatible this cell tower will be amongst the surrounding landscape without the help of computer graphics. Topic 3: They will show how intrusive this project will be to the ongoing activities in the park from its inception. Topic 4: Parallel to staffs recommendation he and his colleagues will make an additional usage comparison between Maple Hill and neighboring parks. With the proposed location of the tower there are serious safety concerns that were not addressed by the applicant which he and his colleagues will address. In Topic 7 they will address the alternative site analysis effort done by the applicant. At the conclusion of this presentation they will provide closing remarks on all of the facts presented this evening. Nancy Kim, a Diamond Bar resident, said she would speak on Section 2, Petitions against T -Mobile at Maple Hill Park. To show that the community has come together on this matter the residents hereby submit to the City Council 491 signatures to date urging the Diamond Bar City Council not to approve T -Mobile's appeal for the cell tower at Maple Hill Park. These signatures are from Diamond Bar residents as well as, parents of children who attend Maple Hill Elementary School and/or play in various sports activities at the park. Out of the 491 signatures 405 are from Diamond Bar while 86 are from neighboring communities such as Phillips Ranch, Chino Hills, Rowland Heights, Chino, Walnut and Pomona. The data shows a diversity of visitors that come and join in activities in the park. We are urging the City Council to apply its utmost consideration to their voices of concern when making this very important decision. All of the 241 signatures are attached to the following 23 pages as attachment 2-1. The number One message along with signatures of Attachment 2-1 is to please support the residents of Diamond Bar by rejecting T -Mobile's appeal to put a cell tower in Maple Hill Park. Maple Hill Park is a very small and intimate residential park. Number two, this is a public park that our tax dollars support and no one asked their permission. Number three, the Monopine tree is 65 feet and is taller than the one at the Diamond Bar Center which is about 45 feet and if the 65 foot Monopine is installed, more antennas could be added to it to make it taller. Number 4, it would be an eyesore to the community. Number five, a cell tower would infringe JUNE 2, 2015 PAGE 28 CITY COUNCIL upon the use of the park where dogs run around on the field, kids practice their AYSO, people play tennis and basketball, birthday parties are held at the picnic tables and where kids are always running around on the hills as well. Number six, we need to protect our neighborhood from the interests of private companies. Number seven, it is 300 feet from an elementary school and is 78 feet from residences. She said she would not speak about number seven. In conclusion, she sincerely asked that the City Council please support the residents near Maple Hill Park and the parents of the students who attend Maple Hill Elementary School and reject T - Mobile's appeal. Susann Siu, 22319 Birdseye Drive, said she would speak about the incompatibility of the Monopine with the landscape of the park. In support of the Planning Commission's Findings No. 3 the proposed Monopine will not blend into the surroundings or be adequately screened because the natural trees surrounding it are all the deciduous variety rather than pine trees and they are not quite 65 feet tall to hide the proposed Monopine. In addition, the Monopine will not be aesthetically pleasing in this park. To verify the height of the proposed Monopine her group tied a couple of helium balloons to a string totaling 65 feet and allowed them to rise on a calm day shown in Figure 3.1. Note that it stands out amongst the surrounding deciduous trees. Also note that the Diamond Bar Wireless Communication Ordinance Section 22-42-103-G2C allows two additional omni -directional whip antennas up to 15 feet in height or an additional dish of 39 inches in diameter without the approval of the City Council. Figure 3.2 shows the height of the cell tower with an additional 15 feet to a total of 80 feet. The whip antennas and 39 -inch diameter dish will be extremely difficult to camouflage and they will stick out like a sore thumb. On February 22, 2012 the Middle Class Tax Relief and Job Creation Act of 2012 became law. Briefly, the Tax Act provides that the state or local government may not deny and shall approve the cell company to increase the existing height of their antenna array an additional 20 feet. Therefore, between the current Diamond Bar Wireless Telecommunication Ordinance and the 2012 Tax Act, the proposed 65 foot cell tower has now grown to 100 feet and there is nothing the Council can do about it once this appeal is approved. It is safe to say that #1 T -Mobile is aware of these codes but chose not to discuss them in their application; #2, since this is a co - location site T -Mobile will certainly exercise their accommodations for their financial gain rather than filling their signal gap as her group will show later in the presentation, and #3, this is a constant eyesore reminder to all Diamond Bar residents who signed the petition on the decision made by the City Council tonight. Roger You said this project will interfere with the public's use of the property as supported by the Planning Commission Finding #3 and #4. Maple Hill Park is a small park but it has the highest use. There are three tennis courts, playgrounds and basketball courts which are used daily. JUNE 2, 2015 PAGE 29 CITY COUNCIL The picnic table area is used for celebrations and birthday parties most weekends and the park is used for exercise classes every morning. The park also has soccer fields for soccer games, parties and tryouts all year. The soccer field uses every foot of available space. City sponsored activities include flag football, T -ball and volleyball. Other activities include baseball, football, softball, etc. It is a truly popular and busy park. The proposed cell tower is less than 10 feet from the tennis court in the picnic table area so the tower and equipment room cannot be hidden out of sight. Due to the heavy use of the park throughout the year residents are also concerned about proposed construction of the cell tower and equipment room. There is no way to avoid fencing around the construction site due to its proximity to ongoing activities. The construction will interrupt instruction classes. Vinnie Carranza, 1463 Maple Hill Road, spoke on behalf of himself, Scott Wolfe, homeowner and Blair Barnes about Ronald Reagan Park versus Maple Hill Park. In support of the Planning Commission Finding #4 the proposed cell tower will be too intrusive to the ongoing activities in the park. Several years back a cell company proposed to Diamond Bar City Council to place a cell phone tower at Ronald Reagan Park which was ultimately denied based on the cell tower's intrusion to the activities and the high level of participants in the park. The City Council further suggested that Ronald Reagan Park should be removed from consideration for any future cell tower sites. In comparison, both parks have three tennis courts, a basketball court, kid's playgrounds and picnic tables for parties. In contrast, Maple Hill Park hosts soccer games almost year `round as well as flag football, T -ball, baseball and softball whereby many children play at the park after school. The most significant difference between the two parks is that Ronald Reagan Park has six developed acres while Maple Hill Park has only four developed acres. Maple Hill has two-thirds the amount of space to accommodate many more activities and participants. If the Diamond Bar City Council supports its citizens' wishes at Ronald Reagan Park why would they not do the same for Maple Hill Park? All the residents are asking for is that the same standard be applied to Maple Hill Park. Junko Takeya, Birdseye Drive very close to Maple Hill Park said she was present to address the sixth issue which is safety concerns. In support of the Planning Commission Finding #5 with respect to personal and property safety, the community would like to point out the following crucial oversight by the applicant. On 6.1 falling decorative fronds, it is obvious that when T -Mobile selects their preferred site location their focus is on hiding the towers instead of safety concerns. There have been incidents where decorative fronds from the faux palm trees or needle branches from the faux Monopines have fallen off during and or after high winds or minor earthquakes. These decorative branches are made of metal and can cause a lot of damage to property and or to people below. Referring to JUNE 2, 2015 PAGE 30 CITY COUNCIL Figure 6.1-1 she said that imagine a metal tree branch falling from as high as a six to ten story building. Please note that the proposed cell tower is located in the midst of picnic tables, the tennis courts and playground area where children play right under the proposed site. Figure 6.1-2 shows the picnic area being used by children and its relative location to the proposed cell site. Cell tower related accidents are not rare and there have also been incidents where ongoing maintenance/welding have caused fire and with the dry brush on the hillside so close a fire could quickly spread to surrounding homes and across the street to the school causing evacuations, loss of property and life. There are page links to articles on this issue. On issue 6.2 proposed cell tower within 25 feet from a landslide zone — according to the seismic hazard/landslide zone map published by California Watch Organization, the southern end of Maple Hill Park is located next to a landslide zone less than 25 feet from the proposed T -Mobile cell site. Figure 6.2-1 — in fact, a partial landslide behind the playground can be seen. The City Council should consider whether the standard footing as proposed to put a 65 to 100 foot Monopine at the base of a landslide zone within a public park and in close proximity to an elementary school presents a safety hazard. As presented earlier, this is not the least intrusive site in Diamond Bar and this presentation informs the City Council on the public record that the proposed placement of the cell tower in close proximity to a landslide zone is not a safe location and may jeopardize public safety which is why it is of the utmost importance for T -Mobile to perform an alternative site analysis to address their coverage gaps, co -location opportunities and safety concerns, preferably one that is not in a landslide zone or one that half of the antennas eclipsed by the hillside. Regarding T -Mobiles assertion that the tree is hidden amongst all of the other trees she does not enjoy parks from 300 feet away and when she is in the picnic area where this cell tower is proposed she will absolutely be able to see the base of this tree and the building which they propose to tuck away behind the tennis courts which is not an inaccessible part of the park. In addition, the water tower option T -Mobile says does not work for them, the coverage area is only about Yz to less than a mile away. Based on the elevation of the water tower she does not understand why it would not work for the specific area proposed. If Yz mile is too far or a mile is too far it means T -Mobile would need to place cell towers every mile to cover the area they wish to cover. She is also disturbed by the fact that the question to what is the alternative if the park did not exist has not yet been answered. Two of the houses on Gide Court that overlook the park look directly at the antenna from their back yards. With respect to the gap issues, how T -Mobile determined there is a gap issue if they cannot record complaints is a question they have not answered. Angela Cinader, parent of WVUSD student, said that T -Mobile's lawyer is correct in that Section 3.32 of the Telecommunications Act does say that the City must grant access if there is a "significant" gap. So that becomes JUNE 2, 2015 PAGE 31 CITY COUNCIL the critical question: Do we actually have a significant gap? We do not believe so and here is why. Section 7 of the handout states that T - Mobile's Conditional Use Permit application states that there is a coverage gap which generally extends within the surrounding residential neighborhood of the Park between Birdseye Drive to the north and Diamond Bar Boulevard to the south. Service to T -Mobile customers is affected by this coverage gap which is why T -Mobile is proposing to install a cell site within this area. She showed the map provided with the T - Mobile application with the gap areas colored gray. She said that there is a much bigger real gap in white which lies within The Country on the east side of Diamond Bar Boulevard. She referred the Council to T -Mobile's coverage map (Figure 7.3). T -Mobile has made significant statements and claims on their website and claim they can show the actual cell coverage quality from actual T -Mobile customers. On the map the Maple Hill area is shown covered in Magenta which means there is no gap according to what they are telling their customers. The white area in The Country shows an actual gap. The coverage map shows that T -Mobile has 4GLTE coverage which is a contradiction from what T -Mobile claims in their CUP (application). The only area showing weak signal strength is in The Country which is 1.5 miles away from their proposed location. There is a water tower in the white area which is on the list of Diamond Bar's approved sites should T -Mobile wish to consider it as an alternative site. When Figure 7.2 and 7.3 are superimposed there is indoor coverage in the middle of the grey patch. In short, pink is what they are telling their customers and green and yellow is what the application indicates. Figure 7.4 is a detailed description of T -Mobile's signal coverage between 1301 to 1389 Maple Hill Road and it states that this area has connectivity inside most homes for voice and top data speeds. AT&T's official coverage map (Figure 7.5) shows full 4GLTE coverage over the entire Maple Hill Diamond Bar area. This coverage was confirmed by various AT&T customers in the March meeting which was confirmed by many speakers who attended the Planning Commission's Public Hearing. The reason she brings this up is that AT&T and T -Mobile are supposed to be different. Figure 7.6 shows AT&T sites which are in red along with the T -Mobile sites. The stars and numbers are all T -Mobile sites and there are red AT&T sites in nearly the same locations. This is the spreadsheet that shows locations not currently in the City and given that the surrounding area around the blue dot which is where T -Mobile wants to put the new cell tower and AT&T has all of the exact same locations and given the fact that AT&T and T -Mobile both use GSM technology their coverage should be comparable. She believes that if one company has a gap the other company should have a gap and if the other company has great coverage both companies should have great coverage. In her mind the coverage should be comparable. The burden of proof that a significant gap actually exists is actually on the carrier and that the burden of proof in this instance has not been met. T -Mobile is presenting official coverage maps to the public while presenting contradictory coverage map to the City Council. T- JUNE 2, 2015 PAGE 32 CITY COUNCIL Mobile also did not provide an explanation why there is disparity in the coverage claims between their pink map and green maps. Robert Coventry, 22241 Croll Court, has lived right above Maple Hill Park for 16 years. The alternative site planning as stated in the Conditional Use Permit such as mounting antennas to a building utility pole are not viable in that no existing building or support structure can reasonably accommodate the proposed telecommunications antenna facility due to the lack of height required to provide adequate wireless coverage in the neighborhood. No alternative site analysis was submitted with the Conditional Use Permit. Upon review of the Conditional Use Permit its stated coverage objective is actually at the intersection of Cedardale Drive and Tolani Court. Geographically, the stated intersection is actually on the opposite side of the hill as shown in Figure 8.2. Maple Hill Park is a poor location because there is a high ridgeline between Maple Hill Park and the intersection of Cedardale Drive and Tolani Court which is approximately 6/10ths of a mile away. There is no line of site between the two locations and the hill will block the transmission toward their stated coverage objective which would be an ineffective use of the proposed tower and why it is of the utmost importance for T -Mobile to perform an alternative site analysis to accommodate their coverage gap. An obvious location would certainly be to attach cell panels onto the water reservoir toward the end of Eldertree Lane which directly overlooks without obstruction the Cedardale intersection and is away from schools, parks and residential areas. In addition, the water tower location is identified as a potential site in the City of Diamond Bar's Telecommunications Facilities and Opportunities Map (Figure 8.3). During the Planning Commission Hearing of this Conditional Use Permit commissioners expressed concerns that there was no evidence before the Commission that alternative sites were investigated and considered. In the appeal document T -Mobile has not come forward with an in depth alternative site analysis or recommendation to satisfy the commissioners' concerns. A few sentences stating that the water reservoir is too far to the west are bogus and inconsistent with their own stated objective. A sample of an appropriate alternative site plan analysis by T -Mobile for the City of Pasadena is attached containing multiple pages and multiple facts on why the location was not feasible with photos of each proposed site and their locations compared to their original site consistent with the rationale for the preferred sites pictures of alternative sites and anticipated coverage for each site. He does not understand why the residents and City Council of Diamond Bar were not afforded the same site analysis and the same in depth research. T -Mobile representatives did not even attempt to perform the same as they did in the City of Pasadena. One can only draw the conclusion that T -Mobile's intention is not clearly proposed with applications poorly prepared and discrepancies and contradictions. There was no genuine attempt to address the Planning Commission's and staff's concerns in their appeal. We are at your City Council meeting to support the Planning Commission JUNE 2, 2015 PAGE 33 CITY COUNCIL and staff to reject T -Mobile's appeal. Denis Paul has lived with his wife Sally at 1429 Blenbury Drive since 1979. He said that what everyone has witnessed tonight by Mr. Fineman and his colleagues is an outstanding legal defense. It is so outstanding it has a name and that name is the "last resort" defense. This defense states that if you have the facts, pound them with the facts. If you have the law, pound them with the law. If you do not have the facts and you do not have the law, just pound the table. He is intrigued and feels sorry for the City staff members who work diligently as civil servants who had to take what was described as a "collaborative" association and be besmirched tonight and unjustly accused. They are the providers of information and assistance, they are not the deciders. No one expects them to make a decision. We have heard that ten different ways. He has the utmost respect for the Planning Commission because of their open- mindedness and diligent questions which was also accused unjustly of saying somehow of unjustly being influenced by the mere comments regarding health residents made at the meeting. Nowhere in the report or denial did that matter appear. The City is not immune to these attacks either. T -Mobile accused the City of not having enough viable sites, they spoke about the Municipal Code, the federal law in an attempt to throw out something that might stick. He asked the City Council not to be fooled. T - Mobile made a mistake by underestimating the political will of an informed neighborhood. Over the past three months this neighborhood has come together and united in one sole purpose with some impressive presentations. He thanked T -Mobile for bringing his neighbors together. There is no way a 65 foot elephant can be disguised or up to 100 feet. It will interfere with the public use of one of the smallest parks in the City. The Reagan Park comparison seems obvious to him. M/Tye was quoted in that response but M/Tye's job is not to represent the cell phone companies which he has done. Proximity, safety, landslides are all concerns that have not been explored. C/Lin asked why now is T -Mobile suddenly concerned with a coverage gap after all of these years? He had the same question. In their first application T -Mobile said they had 25 complaints which was debunked and now it is down to 10 complaints and ,.we don't know." Diamond Bar deserves at least what Pasadena has deserved. He is not opposed to cell phones and cell phone towers. Sometimes they are great revenue -generating devices for a City and/or for private enterprise. Some locations are good for cell phone towers where they do not interfere with public use but this is not the time and this is not the place. Deny this appeal. Don't just say "no" say "cell no." Joe Ruzicka, 22311 Birdseye Drive said he was going to take M/Tye's advice and not testify in this particular case because his concerns have been so adequately addressed by most of tonight's speakers. The subject this evening are cell phones which are a very unique innovation today serving many useful purposes as brought out by several speakers and by JUNE 2, 2015 PAGE 34 CITY COUNCIL the applicant. However, this technology currently requires the use of transmission towers to send signals that cell phones can receive. He congratulated the City Council for having approved several of these sites throughout the City in appropriate areas and the key here is "appropriate" areas. The site designated for this particular site at Maple Hill Park is not an appropriate area as justified in staff's report and by the testimony of several witnesses this evening and accordingly, he believed the appeal should be denied. Teruni Evans, 516 EI Encino Drive, said that if T -Mobile is making the argument that this cell tower is needed for an E-911 they are incorrect. All wireless companies consistently state that E-911 calls are justification for granting a cell antenna placement claiming public safety endangerment. This argument is specious because FCC ruling requires any carrier to connect an E-911 call from any cell phone even an unsubscribed cell phone. Verizon, AT&T, T -Mobile, Sprint, Metro -PC all operate in the City of Diamond Bar and any of those carriers or any of the many other wireless carriers operating in the City should connect a subscribed or non - subscribed wireless call to E-911 so there is not always a need for a new cell antenna to be built in order to be able to connect to E-911. When an individual calls 911 from a landline a dispatcher will know the exact address and phone number. When an individual calls outdoor from a wireless phone the 911 dispatcher will have only an estimate of the location. For those calling with a cell phone from inside a building often times the only information provided on their location is the coordinates of the nearest wireless cell tower. Now that the truth is known about E-911 everyone can stop talking about this as a "safety" issue and this matter needs to be taken off of the table for consideration of a T -Mobile cell tower. Valerie Geddes Kernohan said that on March 24, 2015 Los Angeles County Board of Supervisors stopped the construction of cell towers at fire stations. Logic follows and the right thing to do is to also stop the construction of cell towers especially where children play, go to school and live. Alan Greenblat said he and his family have lived at 1411 Maple Hill Road for about 30 years. He kept hearing "significant" gap and at one point it was "very significant" gap and did not hear a percentage. What is the definition of a significant gap which T -Mobile is trying to lay at the feet of the federal government and to him, four percent does not constitute "significant." Steven Hernandez said he has been a resident of Diamond Bar for 22 years and is a retired truck driver. In retirement he has been doing temp work and has worked for a cell phone contractor driving their two or three ton booms. He drives to a cell tower location and drives the big 30 foot JUNE 2, 2015 PAGE 35 CITY COUNCIL trucks into the areas to work on the cell towers on a frequent basis. Usually, the truck has to get close enough to the tower so that the boom does not tip over. What he sees in the photographs is at the Maple Hill Park location the only way to get close enough to the proposed tower would be to drive onto the courts and said he hoped the City Council would think about that during their deliberation. Sheana Heng said the City Council has been threatened with a lawsuit if the City does not do what T -Mobile wants and she asked the City Council to beware of such tactics. This is our community and the City Council's decision will affect the livelihood of residents for the next 25 years. It is very important to her and her fellow residents who live near this proposed cell tower that the City Council make the right decision. T -Mobile and telecom companies often come into a community and demand to put in a giant structure that is six or seven times the height of homes in the area. Aesthetically, it does not fit in the community. The federal government gives local leaders all of the power. The first thing the FCC did was to preserve local zoning authority. Section 704(a) for the 1996 Telecom Act states Item 7 is preservation of local zoning authority a) except as provided in this paragraph, nothing in this act shall limit or affect the authority of a state or local government or instrument thereof over decisions regarding the placement, construction and modification of personal service facilities. This means cities decide where and how high cell towers should be and how they should appear. Use your power to help the residents. The biggest problem is that the City Council may believe it is approving a 65 foot structure but what they do not say is that right after it is approved they can make it 25 feet taller in any direction and using any color without additional approval. In 2014 the Middle Class Tax Relief and Job Creation Act of 2012 became law. Section 604(a) of the Tax Act provides that a state or local government may not deny and shall approve any request for co -location, removal or replacement of transmission equipment on an existing wireless tower or base station. Significant gap means no reception dead spots. If residents have this problem they have no choice but to grant the approval. However, T - Mobile has not proven there is a significant gap and since there is no significant gap issue they claim the need for more capacity. Significant gap and capacity is not the same thing. If T -Mobile has a significant gap, by law the City has to grant the fix; however, if they have a capacity issue the City does not need to grant the approval. Capacity allows the ability for T -Mobile to have more cell phone numbers to sell. Their own website states they do not have any dead spots. Tonight, one of the staff members already proved that T -Mobile does not have a significant gap. The City can withdraw renting parkland to place a cell tower. Once the City withdraws renting the residents will not have this cell tower. In fact, the City does not have to rent the space. No rent equals no cell tower. If the City does not lease the land to T -Mobile this problem will go away and she will guarantee that there will not be a future lawsuit by T -Mobile. T- JUNE 2, 2015 PAGE 36 CITY COUNCIL Mobile cannot sue the City if the City does not want to lease them the land to house this tree which clearly residents do not want. Please listen to the residents and the community's wish to not lease the land to T -Mobile. Mrs. Hagit Kupferman said that the tower does not belong in a residential area because it is ugly and out -of -character to the neighborhood. In previous meetings people who live around the park and have T -Mobile stated that they have good reception. She personally knows that when friends who have T -Mobile visit her home they do not complain that they have no reception. She has AT&T and in parts of Diamond Bar she has reception and in other parts there is no reception. The gap is a big question. Her husband says that from an engineering aspect the question of reception does not make sense at this location since the tower will blast a large portion of its energy into the hill so it will be a very poor design. T - Mobile stated they have complaints from people who pass through the area and if this is approved there will be a direct impact to the value of the homes and the neighborhoods and especially those who paid extra for their property. T -Mobile International is a holding company for various mobile communication subsidiaries outside of Germany and they are not a US Company. They are attempting to put a big tree in our backyard and she hopes the City Council will not approve it and will have all of the answers to the gap and why this tower needs to be in a park that is used on a daily basis by a lot of kids and a lot of families if the Council is thinking about supporting this. She has been a resident of Diamond Bar for 40 years and would not like to see this cell tower approved. She raised her three children who visited the park on a daily basis. She has five grandkids that do not live in Diamond Bar but when they visit her they enjoy the park and hopes they can continue to do so. Abigail Tata said she was concerned about kids who play at the park and students who visit the park who love to climb trees. There will be nothing to prohibit the kids from trying to climb the Monopine. T -Mobile was present when this concern was stated during the Planning Commission public hearing and they have not responded to how they might be willing to address this safety issue. Another safety concern that was stated during the meeting was how the workers would be protected when they visit the site to maintain the tower. These are issues that were not addressed tonight and she is very opposed to this project and her daughter would say the same. Frances Wall said she has been a resident of Diamond Bar for 35 years and she loves her community and is very, very opposed to this tower being put in which she believes is a bad idea. She did not like much of what T -Mobile had to say tonight. M/Tye closed the Public Hearing. JUNE 2, 2015 PAGE 37 CITY COUNCIL CA/DeBerry suggested that M/Tye leave the Public Hearing open if there are questions for the applicant or wish to have the applicant respond within a limited timeframe. M/Tye reopened the Public Hearing for City Council questions. M/Tye said he was not looking to turning this into a debate and having over an hour's worth of comments from residents rebutted. M/Tye said he believed the applicant was given a fair amount of time to make their presentation. CA/DeBerry said that was the discretion of the Mayor and City Council. M/Tye again asked if the City Council Members had any more questions for the applicant. C/Lin asked the definition of "significant gap". Mr. Fineman responded that the definition is whether the facility would fill an existing significant gap in the ability of remote users to access the national telephone networks. He said he knows that it is a definition that is kind of circular because it uses its own term within the definition. Some of the factors as to whether or not there is a significant gap are called failure rates and the number of people that are impacted by the alleged gap. M/Tye closed the Public Hearing. C/Lin commended M/Tye on his handling of tonight's meeting. His record for a Public Hearing is 4:00 a.m. and this meeting has not yet gone to 10:00 p.m. A lot of Public Hearings on zoning or Conditional Use Permit issues typically center on NIMBY sentiment; however, tonight he senses that is not the case. Three issues have been raised in his mind about this application have to do with what the federal law permits or prohibits cities to do with respect to 1) aesthetics and property value. From the Planning Commission meeting minutes that has never been an issue for consideration of denial. 2) The concern over radio frequencies and as the City Council knows, that was not an issue. 3) The third issue was no discrimination of any carrier so based on CA/DeBerry's comment apparently there had never been an application from any other carrier to erect a tower on this site and at the present time there is no other carrier that has a facility on this site so that clarifies his doubt on that issue. In his mind this issue centers on very simple debate: What is the right of the property owner? If the school district denied a request to have a tower erected within their property they certainly exercised their right as a property owner. The City of Diamond Bar, as the owner of this park would certainly have the prerogative in exercising their right as a property owner in this instance. He was glad that CA/DeBerry reminded the City Council JUNE 2, 2015 PAGE 38 CITY COUNCIL that this park was acquired from the County of Los Angeles via a Quit Claim Deed process and was specifically stated to be used for park purposes. So anything other than park purpose would not be in line with the deed restriction. As a property owner he does not believe the site (Maple Hill Park) should be used for any other purpose than for recreational and park usage and that the Council's decision should be based on this fact. MPT/Lyons said that Maple Hill Park is a small park and it is very highly used. She visited the site this morning to see what was taking place and found three groups of people using the park, people playing tennis on the tennis courts, people walking around the park for what she assumed was exercise and there were families using the swing sets and playground equipment. This was on a weekday morning, not a weekend and not after school and work time and it was being highly used. Diamond Bar is very short of park space which is a well known fact throughout the community. She thinks the primary purpose of Maple Hill Park is to be a park and taking up space for cell phone tower trees or structure for the equipment reduces the usable park space which is similar to what C/Lin said. C/Herrera said the Council has heard a lot of testimony and reviewed a lot of information. She has read every single page of the 320 page report City staff prepared and listened to all of the comments. She believed it comes down to the fact that the City is the property owner of Maple Hill Park which was originally intended to be used as a park. T -Mobile does not have the City's consent at this time to locate a cell site at Maple Hill Park. C/Tanaka said he too read all of the written testimony presented to the City Council Members and he has written communication from residents and has heard the oral reports this evening. Having reviewed all of the information and knowing what a great little park Maple Hill Park is for the residents and having personally used the park many times he would like to see the area preserved as a neighborhood park for that specific use only. He also listened to and has considered all of the testimony presented by T -Mobile and is ready to make his decision. M/Tye asked CSD/Rose to reiterate the City's current park space and how much park space the City should have so that the Council can understand whether there is a surplus or deficit of park space. CSD/Rose responded that the standard the City has used over the years is two -acres of developed parkland per 1000 residents. The City has approximately 55,000 plus residents so two -acres per 1000 would be about 110 acres of developed parkland and the City has just over 68 acres of developed parkland in Diamond Bar. JUNE 2, 2015 PAGE 39 CITY COUNCIL M/Tye said he took exception to some of the things in the letter dated June 1 that was provided by the applicant that "this is the ideal design to meet the need" followed by the sentence that "T -Mobile is entitled as a matter of Federal Law to approval of this application" which he would say is yet to be determined. He does not believe it is the only available option and he agrees with the sentence "The City Council has the final authority to determine whether a Conditional Use Permit and a lease should be issued for the proposed wireless telecommunications facility." It was 26 years ago in April that Diamond Bar became a City and if one has been here long enough everyone remembers why Diamond Bar became a City. Residents were tired of the County carving up what space there was available to develop. Residents wanted to have a say in how their community looked and for 26 years that has been done and he believes the City should keep doing that. Having said that he will agree with MPT/Lyons that the primary purpose for Maple Hill Park is a public park and he believes that it is within the City Council's discretion that it is not necessary for a problem that has not been described that the City needs to fix by putting up a cell tower and he did not think it was incumbent upon this Council to give up park space when there is such a deficit in this particular instance to a commercial venture that in his opinion is not appropriate. CA/DeBerry said that because there was additional evidence presented and the comments from the City Council are not completely in line with the Planning Commission, if it is the will of the City Council to deny the appeal he would ask that the City Council direct staff to prepare a Resolution consistent with the City Council's Findings and bring it back to the next regular meeting. C/Herrera moved, C/Tanaka seconded to direct staff to bring back a Resolution consistent with the City Council's Findings for the next regular meeting denying the Appeal. 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 8. COUNCIL CONSIDERATION (Continued): 8.2 APPROVE ADJUSTMENT OF CITY COUNCIL APPOINTMENTS M/Tye asked for approval for the adjustment of City Council appointments and thanked everyone for their input on giving up assignments in order to have C/Lin represent the Council on different committees as follows: JUNE 2, 2015 PAGE 40 CITY COUNCIL C/Lin Delegate - Contract Cities Association C/Lin Alternate — Joint Powers Insurance Authority C/Lin Alternate — League of California Cities LA County Division C/Lin Delegate — Southern California Association of Governments C/Lin Alternate — Wildlife Corridor Conservation Authority (WCCA) C/Herrera moved approval of the aforementioned City Council appointment. MPT/Lyons seconded the motion. 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 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera reported she attended a Foothill Transit meeting and announced that the budget was approved and that within the budget is a Transit Center Plan for the Mt. SAC Campus which when built will provide several additional bus lines and services for students attending Mt. SAC. The Class Pass program at Mt. SAC has been tremendously successful. She attended the San Gabriel Valley COG Board meeting. Elections were held and she announced the following results: President is Gene Murabito from Glendora; 1st VP Tim Spohn, City of Industry; 2nd VP Kevin Stapleton, Covina; 3rd VP Cynthia Sternquist, Temple City. She is grateful that the members of the LA County Fire Rescue Team has returned safely from Nepal and that they were there to provide much needed aid and rescue efforts. C/Tanaka thanked Troop 730 for Presentation of the Colors this evening and residents who voiced their opinions regarding the cell phone tower issue. He thanked staff for presenting such a thorough report that made the decision much easier this evening. On May 20 he attended the WVWD barbecue celebrating Water Awareness Month where there was a display of art by local students who participated in an art contest. On May 24 he attended Diamond Ranch High School's instrumental music department's presentation of "An Evening of Dance" at the historic Fox Theater in Pomona. On May 26 DB4-Youth held their regular monthly meeting to recap their 6th 7th and 8th grade dance, sign up for 4th of July Blast and Relay for Life. That Wednesday he attended Quail Summit Elementary School's art ceremony and addressed the promoting 5th graders about gratitude. That evening he attended a Neighborhood Watch Meeting as he did last evening. The first was on Thunder Trail near Marc Ct and the second on Castle Rock Road across the street from the school. He reminded everyone that on Saturday, June 6 is the 10th annual Diamond Bar Relay for Life at Lorbeer Middle School track. Opening ceremonies begin at 3:00 p.m. and ended at 9:00 p.m. JUNE 2, 2015 PAGE 41 CITY COUNCIL C/Lin said he had nothing interesting to report but wanted to thank staff for a very good report providing good information to help the City Council make an informed decision which he believes is a fair decision. MPT/Lyons said that earlier tonight she and M/Tye met with Captain Scroggins and his team to talk about public safety in Diamond Bar. Diamond Bar is blessed to have such a good public safety team and good stats. Crime is very low. She congratulated Diamond Bar High School musical director Steve Acciani (Mr. A) who was honored last week by the Recording Academy and Grammy Foundation as a 2015 Music Educator Finalist. There were 7000 music teachers nominated for the award with 10 finalists. It is great to see the community involvement from residents when they get behind an issue and research it and come forward with their passion about the issue. He thought it was interesting that Denis Paul said it had given him an opportunity to really meet a lot of his neighbors and get to know them which will also help with a Neighborhood Watch idea, the birthing houses, etc. It is Council's privilege to have residents exercise their right of free speech during public comments and public hearings. M/Tye asked everyone to call City Hall, the Sheriff or Homeland Security at 1- 866-347-2423 if they see something that does not seem right. He said he looked forward to seeing the Homeland Security number on the City's website. Earlier today he attended Lorbeer Middle School's graduation/promotion. Principal Krystana Walks -Harper has a great deal to be proud of with over 300 kids that were promoted. It was fun to be there and remember what it was like when he was in the eighth grade back in the last century. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 10:06 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2015. STEVE TYE. MAYOR •�' • : - MAY 12,2015 CALL TO ORDER: Agenda No. 6.2 Chairperson Ruth Low called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Pirritano led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farrago, Jennifer "Fred" Mahlke, Bob Nishimura, Vice Chairperson Peter Pirritano and Chair Ruth Low Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie T. Espinoza; Assistant Planner, and Stella Marquez; Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 14, 2015. C/Nishimura moved, C/Farago seconded, to approve the April 14, 2015, Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Mahlke, Nishimura, VC/Pirritano, Chair/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Tentative Tract Map No 73201 — Planning Case No. PL2014-619 The applicant requested approvai of a Tentative Tract Map to create an airspace subdivision of an existing 20,577 square foot single story- industrial ware- house building on a 1.7 gross acre lot for the purpose of creating 10 commercial/industrial condominium units. The property is zoned Light MAY 12, 2015 PAGE 2 PLANNING COMMISSION Industry (1) with a consistent underlying General Plan land use designation of Light Industrial. PROJECT ADDRESS PROPERTY OWNER: 614-646 Brea Canyon Road Diamond Bar, CA 91789 Peichin Lee 17582 E. Rowland Street #200 City of Industry, CA 91748 APPLICANT: Preston Chen PPCN Investment, LLC 17582 E. Rowland Street #200 City of Industry, CA 91748 SP/Lee presented staffs report and recommended that the Planning Commission recommend City Council approval of Tentative Tract Map No. 73201 PL2014- 619, based on the Findings of Fact, and subject to the conditions of approval as listed in the draft resolution. C/Nishimura referred to Exhibit B indicating parking and said he noticed that on the north parcel there are two parking spaces (No. 57 and No. 58) indicated on the west side of the parcel which do not exist. SP/Lee said that C/Nishimura was correct. She stated that after the project was approved the developer looked at other better locations and the most current site plan (Attachment No. 3, Sheet AS101) reveal that the two parking spaces (No. 57 and No. 58) were relocated and constructed at a better location to the northeast. C/Nishimura said he visited the site today and was unable to find the two spaces on the west side of the building. C/Farago asked when the Commission approved the building a couple of years back, this was the building that had the ambulance company with several fleet vehicles and were they suppose to work something out about that because it was a real issue with the neighbors that so many of the spaces were taken up by the ambulance company. SP/Lee responded that the ambulance company left, the premises and now there is a restriction in the CC&R's that limits the number of commercial fleet vehicles per unit. Chair/Low said she visited the site today and saw all kinds of vehicles parked behind units J, I, H and G all along the east side of the property. In fact, when she was there a FedEx truck came by and must have believed that it was customary to double park in the fire lane which he did, and that action prevented vehicles from getting through the area. She wanted to know if anything could be done about that issue and SP/Lee responded that she visited the site during the last couple of weeks and did not notice vehicles parked next to units I, J and H MAY 12, 2015 PAGE 3 PLANNING COMMISSION but did notice that there were cars parked next to the two-story office building which is also a fire lane. Parking in the fire lane is not allowed and she has notified the property owner accordingly and they in turn have notified all of the owners, tenants and employees. In addition, SP/Lee notified the property owners that the vehicles would need to be towed away because they are parking in a designated fire lane which is not allowed. C/Nishimura said it is a designated fire lane but it is not legally posted and there is no red curb with a contrasting white fire lane and there are inadequate signs posted at the entrance and along the walls. There are some faded signs along the east brick wall that shares a storage space.but it is not a legal fire lane and wanted to know if the Commission could do something to get them to post it as such. SP/Lee said the Commission could add a condition to the project that would speak to C/Nishimura's concerns should it choose to do so. C/Nishimura reiterated that he was at the site today. He noticed that the two-story building to the south is only half occupied and at lunch time when people should have been at lunch there was no parking on the front lot and there were four or five cars along the north side of the building. He did not see anybody on the east side but he could see where people would double park there to make deliveries and vehicles could not get by. He wanted to know if there was a way the City could make them legally post those fire lanes at the entrance to both properties and have both properties posted. SP/Lee reiterated that it is to the Commission's discretion. Chair/Low said she believed the requirement could be added to the Conditions of Approval to accompany the motion of approval. Chair/Low asked if the agreement for shared spaces lasts into perpetuity and SP/Lee responded that the agreement will be updated and the CC&R's for the industrial warehouse building will reference the parking agreement. Chair/Low asked if it was true that the use of these condos was for storage, etc., and that the office space was'very minimal or incidental and whether the City knows what businesses currently reside in the building and what businesses are contemplated for the future. SP/Lee responded that she understands the current businesses include a watch repair business, the Korean Yellow Pages, and other warehouse storage types of uses. The applicant would need to speak to information regarding applications for purchase/occupancy. One interested buyer is a tax accounting office which will limit office usage and store documents. She said she is not aware of any other potential buyers; however, uses are limited to warehouse/storage types of uses. Retail is not allowed and professional offices are not allowed. Preston Chan, applicant, thanked the Commission for considering this project and staff for assisting his firm through this process. PPCN Investment, LLC has MAY 12, 2015 PAGE done a number of projects in the City and he and his firm like working with the City, Commission and Council. The building will be primarily used for warehouse storage. To clarify the watch company's business, they actually manufacture the watches overseas, ship them to the states and store them on premises. Another woodworking company makes paddles for college fraternities and sororities and has a large inventory of woodworking items, etc. And of course it is up to the City whether these companies will qualify for their business licenses. Businesses are notified by PPCN at the time of purchase that if their businesses are not within the guidelines of warehouse/industrial they will need approval from the City. VC/Pirritano said that usually CC&R's will stipulate what they can put in the building and what they cannot. Mr. Chan agreed and said that the CC&R's have been submitted to the City and they are still under review. VC/Pirritano said he believed they have to be submitted to the state as well and Mr. Chan said he did not believe so. CC&R's go to the City's Attorney for review and recommendations. Mr. Chan further explained that certain uses are limited in the CC&R's but they are unable to capture everything in the document. VC/Pirritano said the City did not want a fireworks manufacturer in the building. Chair/Low said she did not want fireworks to be stored in the building. Mr. Chan said that is up to the discretion of the City. VC/Pirritano said he would be interested in looking at the CC&R's. SP/Lee referred the Commission to the draft Resolution which includes conditions from the County Fire Department with regard to having the unobstructed space in the fire lanes so the applicant will be required to comply with the fire department's conditions. Chair/Low asked if the Commission's proposed amendment would then be redundant and C/Nishimura said he believed the amendment he would want to request would require signage so that enforcement could be done. Without the signs and proper lane markings the property owner cannot cite or tow. SP/Lee said that staff would recommend the Commission add a condition that states "the fire lanes shall be designated with pavement markings and signage to enable enforcement subject to the LA County Fire Department and Sheriffs Department." C/Farago asked if the association was responsible for both the exterior and interior or is the unit owner responsible for their own interiors and SP/Lee responded that the association is responsible for the electrical room and exterior only. Chair/Low opened the public hearing. With no one present who wished to speak on this matter, Chair/Low closed the public hearing. MAY 12,2015 PAGE 5 PLANNING COMMISSION C/Nishimura moved, VC/Pirritano seconded, to recommend City Council approval of Tentative Tract Map No. 73201 — Planning Case No. PL2014-619 as amended with the addition of the following Condition of Approval to the Resolution: "The fire lanes shall be designated with pavement markings and signage to enable enforcement, subject to the LA County Fire Department and LA County Sheriffs Department." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Farago, Mahlke, Nishimura, VC/Pirritano, Chair/Low None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Farago said he has been driving by the corner of Diamond Bar Boulevard and Grand Avenue and noticed that it is looking pretty abandoned and unmaintained. He asked if there had been any complaints and whether the City could do anything about the matter. CDD/Gubman said he is not aware that the Code Enforcement Officer has received any complaints but with the information provided by C/Farago the Code Enforcement Officer will be asked to look into the matter at the start of the next business day. Chair/Low asked what was happening with the shopping center across from Lorbeer Middle School and CDD/Gubman responded that the shopping center was purchased by the owner of the land upon which sits the vacant Kmart building and he is looking into long-range plans of assembling parcels to connect the Kmart property with that site to potentially establish a more comprehensive redevelopment plan for the area. Nothing is happening at this time with regarding to redevelopment of the site. Chair/Low asked if staff had an opening date for the Walmart Market and CDD/Gubman responded that July 1 is the targeted opening date for the market. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future protects. CDD/Gubman stated that the next Planning Commission meeting is scheduled for May 26 and there is one item on the agenda which is an addition to a residence at 2657 Crooked Creek. The application for this project was deemed complete this week and staff has been able to submit the Public Hearing Notice as required. CDD/Gubman further stated that the Fiscal Year 2015-16 Budget was approved by the City Council on May 5 along with the Capital Improvement Program the Commission found to be in conformance with the City's General Plan. The MAY 12,2015 PAGE 6 PLANNING budget is balanced and the Capital Improvement Plan that was adopted is the largest CIP for one year in the City's history at $20 million. There are a number of public improvements slated. The City Council established a Special Fund for the Comprehensive General Plan Update and seeded that fund with additional monies in this budget. The workload in the Planning Division at this time is going to be able to accommodate staffs ability to prepare an RFP to get a consultant on board to begin the two to three year process for the update. The entire Planning Commission will have the opportunity to participate in public meetings and public hearings and in addition, there will be community design charrettes, workshops, etc., on the weekends and all of the components will be better defined once the RFP is sent out and the City begins receiving ideas from consultants. The City is close to embarking on this very significant process on the heels of the City's first and current General Plan's 20th year of existence. Chair/Low said she noticed that the development on Diamond Bar Boulevard and Brea Canyon Road is moving forward. CDD/Gubman said the City continues to issue permits and just issued permits for Phase IV of the development. To date, more than 100 of 182 total building permits have been issued and the project will be completed before the end of 2016. The park component has lagged a bit behind the home construction, which is due largely to approvals that are needed from the LA County Public Works Department. Staff expects to see the approvals finalized and the easements recorded so that the developer can move forward to complete improvements such as installing the footbridge that will connect parts of the park that are separated by the channel and the landscape improvements. Much of the prep work for the park has been completed and it is expected that the park will suddenly take shape and be in a turnkey condition to transfer to the City about the time the new homes begin to be occupied. Chair/Low said that in the news this week was an article about a parcel of land between Diamond Bar and Chino Hills (Tres Hermanos). She asked if the City of Diamond Bar had any interest or influence over the parcel. CDD/Gubman responded that the City of Diamond Bar holds the land use authority through its zoning powers to control the destiny of that site. 700 acres lies within Diamond Bar alone and the entirety of Tres Hermanos is about 2400 acres. The other 1700 acres are located in the City of Chino Hills. Presumably a developer will purchase the land and have an interest in master planning it. It will definitely be a controversial project which is to be expected. 700 acres alone of undeveloped scenic land being considered for development will generate significant controversy and the City will have the power to control what is ultimately approved and the land use plan will be shaped by the public process and the Environmental Impact process that will need to take place. While it will be an exciting process, it will be arduous and one in which the City expects input from not only Diamond Bar residents but Pomona and Chino Hills as well. MAY 12, 2015 PAGE PLANNING • • C/Mahlke said she noticed the City Council meeting date was incorrect on the agenda and she did not want to miss the T -Mobile discussion. CDD/Gubman stated that the item is slated for the June 2 City Council meeting. Chair/Low thanked staff for the reports and minutes. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Low adjourned the regular meeting at 7:35 p.m. The foregoing minutes are hereby approved this 26th day of May, 2015. Attest: Respectfully Submitted, Greg Gubman Community Development Director Ruth Low, Chairperson CITY COUNCIL Agenda 9 6.3 Meeting Date. June 16, 2015 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Many TITLE: Ratification of Check Register dated May 28, 2015 through June 10, 2015 totaling $ 299,901.49 1:0101018 ,11 491011 FINANCIAL IMPACT: Expenditure of $ 299,901.49 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated May 28, 2015 through June 10, 2015 for $ 299,901.49 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. Luisa Allen Accounting Technician REVIEW BY: g Finance Di ector Attachments: Affidavit and Check Register — 5/28/15 through 6/10/15. 1, 1 � . �..:♦ ♦ . 1 The attached listings of demands, invoices, and claims in the form of a check register including checks dated May 28, 2015 through June 10, 2015 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Descri General Fund Prop A - Transit Fund Intergrated Waste Management Fund Com Dev Block Grand Fund Capital Imp Projects Fund Signed: Dianna Honeywell Finance Director Amount $272,369.67 $20,177.16 $16.16 $3,862.50 3,476.00 $299,901.49 SUNGARD PENTAMATION INC PAGE NUMBER: 1 DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 112309 06/04/15 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 CROSSING GUARD SERVICE 0.00 2,845.05 10100 112309 06/04/15 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 CROSSING GUARD SERVICE 0.00 7,440.90 10100 112309 06/04/15 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 CROSSING GUARD SERVICE 0.00 7,440.90 TOTAL CHECK 0.00 17,726.85 10100 112310 06/04/15 EVERGREE ROBYN A BECKWITH 0015340 PLANT SERVICE M HERITA 0.00 1.35.00 10100 112310 06/04/15 EVERGREE ROBYN A BECKWITH 0015333 PLANT SERVICE @ HERITA 0.00 177.00 10100 112310 06/04/15 EVERGREE ROBYN A BECKWITH 0014093 MAINTENANCE OF PLANTS 0.00 270.00 10100 112310 06/04/15 EVERGREE ROBYN A BECKWITH 0014093 MAINTENANCE OF PLANTS 0.00 107.00 TOTAL CHECK 0.00 689.00 10100 112311 06/04/15 BLAZECON BLAZE CONE COMPANY INC 0015350 PARKING CONES -CONCERT 0.00 1,080.00 10100 112312 06/04/15 CLARYCOR CLARY CORPORATION 0015554 BATTERY BACKUP REPAIR 0.00 387.77 10100 112312 06/04/15 CLARYCOR CLARY CORPORATION 0015554 TRAFFIC SIGNAL BATTERY 0.00 1,283.15 TOTAL CHECK 0.00 1.,670.92 10100 112313 06/04/15 COLLICUT COLLICUTT ENERGY 0014093 INSTALL MONITORING SYS 0.00 225.00 10100 112313 06/04/15 COLLICUT COLLICUTT ENERGY 0014093 INSTALL MONITORING SYS 0.00 2,147.30 TOTAL CHECK 0.00 2,372.30 10100 112314 06/04/15 HALLFORE DAVID EVANS AND ASSOCIAT 0015510 ROAD WIDENING INSPECTI 0.00 245.87 10100 112314 06/04/15 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 GRADING PLAN CHECK FOR 0.00 221.56 10100 112314 06/04/15 HALLFORE DAVID EVANS AND ASSOCIAT 0015510 GRADING INSPECTIONS FO 0.00 207.69 10100 112314 06/04/15 HALLFORE DAVID EVANS AND ASSOCIAT 0015510 GRADING INSPECTIONS TO 0.00 184.49 10100 112314 06/04/15 HALLFORE DAVID EVANS AND ASSOCIAT 0015510 ON-SITE PRIVATE STORM 0.00 5,025.15 10100 112314 06/04/15 HALLFORE DAVID EVANS AND ASSOCIAT 0015510 ON-SITE STREET IMPROVE 0.00 641.25 TOTAL CHECK 0.00 6,526.01 10100 112315 06/04/15 DFSFLOOR DFS FLOORING LP 0014093 2 QTRLY UPHOLSTERY CLE 0.00 550.00 10100 112316 06/04/15 DHMAINTE DH MAINTENANCE 0015333 "AS -NEEDED" JANITORIAL 0.00 500.00 10100 112317 06/04/15 EMERALD EMERALD LANDSCAPE SERVIC 0014093 "AS -NEEDED" CITY HALL 0.00 88.00 10100 112317 06/04/15 EMERALD EMERALD LANDSCAPE SERVIC 0014093 "AS -NEEDED" CITY HALL 0.00 168.00 TOTAL CHECK 0.00 256.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0015340 RODENT/INSECT CONTROL 0.00 30.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0015340 RODENT/INSECT CONTROL 0.00 40.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0015333 RODENT/INSECT CONTROL 0.00 40.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0015340 RODENT/INSECT CONTROL 0.00 50.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0014093 RODENT/INSECT CONTROL 0.00 50.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0014093 RODENT/INSECT CONTROL 0.00 65.00 10100 112318 06/04/15 EXTERMIN EXTERMINETICS OF SO CAL 0015333 RODENT/INSECT CONTROL 0.00 75.00 10100 112318 06/04/15 EXTERMIN F,XTERMINETICS OF SO CAL 0015340 RODENT/INSECT CONTROL 0.00 225.00 TOTAL CHECK 0.00 575.00 10100 112319 06/04/15 FEHRPEER FEHR & PEERS 0015551 CONTRACT AMENDMENT NO. 0.00 1,660.75 10100 112319 06/04/15 FEHRPEER FEHR & PEERS 0015551 CONTRACT AMENDMENT NO. 0.00 2,286.90 10100 112319 06/04/15 FEHRPEER FEHR & PEERS 0015551 CONTRACT AMENDMENT NO. 0.00 3,033.45 TOTAL CHECK 0.00 6,981.10 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ---DESCRIPTION------ SALES TAX AMOUNT 10100 112320 06/04/15 FUNEXPRE FUN EXPRESS LLC 0015350 GAME PRIZES, CRAFT SUP 0.00 653.61 10100 112321 06/04/15 JOEGONSA JOE A. GONSALVES & SON I 0014030 PROFESSIONAL LEGISLATI 0.00 3,000.00 10100 112321 06/04/15 JOEGONSA JOE A. GONSALVES & SON I 0014030 QUARTERLY FILING 0.00 45.00 TOTAL CHECK 0.00 3,045.00 10100 112322 06/04/15 KENSHARD KENS HARDWARE 0014093 OPERATING SUPPLIES FOR 0.00 6.51 10100 112322 06/04/15 KENSHARD KENS HARDWARE 0015333 OPERATING SUPPLIES FOR 0.00 60.35 10100 112322 06/04/15 KENSHARD KENS HARDWARE 0015340 OPERATING SUPPLIES FOR 0.00 297.07 10100 112322 06/04/15 KENSHARD KENS HARDWARE 0015350 RECREATION SUPPLIES 0.00 90.39 10100 112322 06/04/15 KENSHARD KENS HARDWARE 0015350 BDAY PARTY SUPPLIES 0.00 28.84 TOTAL CHECK 0.00 483.16 10100 112323 06/04/15 LEARNING LEARNING RESOURCES NETWO 0015350 MEMEBERSHIP DUES 0.00 395.00 10100 112324 06/04/15 LOWES LOWE'S BUSINESS ACCOUNT 0015350 SUPPLIES -RECREATION 0.00 143.42 10100 112324 06/04/15 LOWES LOWE'S BUSINESS ACCOUNT 0015340 OPERATING SUPPLIES FOR 0.00 198.47 TOTAL CHECK 0.00 341.89 10100 112325 06/04/15 MIRACLER MIRACLE RECREATION EQUIP 0015340 SLIDE FOR REAGAN PARK 0.00 1,771.68 10100 112326 06/04/15 OFFICEMA OFFICEMAX INC 0015333 OFFICE SUPPLIES -DHC 0.00 54.31 10100 112326 06/04/15 OFFICEMA OFFICEMAX INC 0014090 OFFICE SUPPLIES-MISC 0.00 6.11 10100 112326 06/04/15 OFFICEMA OFFICEMAX INC 0014030 OFFICE SUPPLIES -CM 0.00 18.47 1.0100 112326 06/04/15 OF'FICEMA OFFICEMAX INC 0014090 OFFICE SUPPLIES-MISC 0.00 19.18 TOTAL CHECK 0.00 98.07 10100 112327 06/04/15 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 48.36 10100 112327 06/04/15 PERSRETI PERS RETIREMENT FUND 001 RET CONTRIB PEPRA 0.00 852.16 10100 112327 06/04/15 PERSRETI PERS RETIREMENT FUND 001 RET CONTRIB EE 0.00 13,535.20 TOTAL CHECK 0.00 14,435.74 10100 112328 06/04/15 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015558 WEED AND LITTER ABATEM 0.00 1,982.76 10100 112329 06/04/1.5 SCAG SOUTHERN CALIFORNIA ASSC 001 DUES FY 2015/16 0.00 5,397.00 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECTRIC/TRAFFIC 0.00 2,586.24 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECTRIC/TRAFFIC 0.00 909.06 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 21325 PATHFINDER 0.00 104.49 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 809 S DIAMOND BAR 0.00 105.73 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 20439 GOLDEN SPRINGS 0.00 111.64 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 2746 BREA CANYON 0.00 115.93 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 717 GRAND AVE TC1 0.00 120.54 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 2838 S DIAMOND BAR BL 0.00 84.88 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1796 DB BL/22566 GSD 0.00 85.31 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1215 S BREA CANYON 0.00 86.80 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 DB BLVD/NW TEMPLE 0.00 87.13 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA ROTS 0015510 20791 GOLDEN SPRINGS 0.00 89.95 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1003 GOLDEN SPRINGS 0.00 50.11 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1611 S BREA CANYON 0.00 54.08 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1 DIAMOND BAR TEMPLE 0.00 54.96 10100 112331 06/04/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1025 BREA CANYON TCI 0.00 60.88 2 SUNGARD PENTAMATION INC PAGE NUMBER: 3 DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND MA.Y7�S441�4711[4:L1U]•bY.YU1l�Jl1�rIJ9Ulil� 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCF, 1.0100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 BAR 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE 10100 112331 06/04/15 SCE TOTAL CHECK 0,00 10100 112332 10100 112333 10100 112334 10100 112334 TOTAL CHECK 101.00 112335 06/04/15 VANTAG 10100 112335 06/04/15 VANTAG TOTAL CHECK 10100 112336 10100 112337 10100 112338 10100 112338 TOTAL CHECK 10100 113329 05/26/15 ACCESS 10100 113330 05/28/15 AFLAC 10100 113331 05/28/15 AGIACA 10100 113332 05/28/15 AMERIT 10100 1.13333 05/28/15 APPLES 10100 113334 05/28/15 ARCIMAG 10100 1.13334 05/28/15 ARCIMA 10100 113334 05/28/15 ARCIMA TOTAL CHECK 10100 113335 05/28/15 ARIADI NAME FUND/DIVISION SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 001.5510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015340 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 06/04/15 SOUTHSAL SOUTHWEST SALES INC 0015350 06/04/15 SQBOXSOL SQBOX SOLUTIONS LTD 0014090 06/04/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 06/04/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 EP VANTAGEPOINT TRNSFR AGNT 001 EP VANTAGEPOINT TENSER AGNT 001 06/04/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 06/04/15 WELLDYNE WELLDYNERX 1155515 06/09/15 GATEWAYC GATEWAY CORPORATE CENTER 0014093 06/09/15 GATEWAYC GATEWAY CORPORATE CENTER 0014093 CO ACCESS CONTROL SECURITY 0015333 AFLAC 001 DE AGI ACADEMY CORP 0015350 EC AMERITECH BUSINESS SYSTE 0014090 AU TERI APPLEBAUM 001 I ARC IMAGING RESOURCES 001.4070 GI ARC IMAGING RESOURCES 0014070 GI ARC IMAGING RESOURCES 0014070 AN DIANA ARIA 0015350 -----DESCRIPTION--- SALES TAX 21250 GOLDEN SPRINGS 0.00 23331 GOLDEN SPRINGS 0.00 3564 BREA CANYON 0.00 3798 S BREA CANYON 0.00 BREA CYN/CAKCREST 0.00 24230 GOLDEN SPRINGS 0.00 2201 DIAMOND BAR BL 0.00 21615 GATEWAY CENTER 0.00 21250 GOLDEN SPRINGS 0.00 BREA CYN/FALLOWFIELD 0.00 738 1/2 PANTERA DR 0.00 21010 WASHINGTON ST 0.00 22805 GOLDEN SPRINGS 0.00 20781 PATHFINDER RD 0.00 0.00 SUMMER DAY CAMP STAFF, 0.00 INTRANET CONNECTIONS S 0.00 "AS -NEEDED" LANDSCAPE 0.00 "AS -NEEDED" LANDSCAPE 0.00 0,00 LOAN DEDUCTION 6/5/15 0.00 PR DEDUCTIONS 6/5/15 0.00 0,00 JANITORIAL SUPPLIES FO 0.00 SHARPS DISPOSAL PROG 0,00 CAPITAL CONTRIBUTION 0.00 ASSOCIATION DUES -NNE 0.00 0,00 SECURITY SVCS -DBC 0.00 MAY 15-SUPP INS PREM 0.00 CONTRACT CLASS -SPRING 0.00 COPIER MAINT-APR 0.00 RECREATION REFUND 0.00 SUPPLIES-PLTTR PAPER 0.00 ANNI, MAINT-PRINTER 0.00 PRINTER SVCS -APR 0.00 0.00 CONTRACT CLASS -SPRING 0.00 I9U1404Y1 60.96 64.86 68.99 28.37 29.03 36,00 37.84 37.84 37,84 38.01 38.21 45.63 47.68 83.37 5,362.36 3,440.04 14,500.00 418.19 402.20 820.39 3,334.77 29,899.09 33,233.86 56.21 16.16 184.00 1,601.00 1,785.00 985.80 1,821.40 1,273.20 2,052.31 140 .00 1,050.40 1.,292.95 6.67 2,350.02 198.00 SUNGAR) PENTAMATION INC PAGE NUMBER: 4 DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 OO:OO:D0.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113336 05/28/15 BENESYST BENESYST 0014060 FLEX ADMIN SVCS 0.00 112.32 10100 113337 05/28/15 BESTLTG BEST LIGHTING PRODUCTS 0014093 SUPPLIES -CITY HALL 0.00 85.00 10100 113338 05/28/1.5 CAMPOSGE GENA LEE CAMPOS 0015350 CONTRACT CLASS -SPRING 0.00 189.00 10100 113339 05/28/15 CARDIMAG CARD IMAGING 1125553 SUPPLIES-A/CONTROL ID 0.00 459.00 10100 113340 05/28/15 CARRERAT TED A CABRERA 0015510 T & T COMM -APR 0.00 45.00 10100 113341 05/28/15 CDW-G CDW GOVERNMENT 0014070 COMP MAINT-I.T. 0.00 1,249.00 10100 113341 05/28/15 CDW-G CDW GOVERNMENT 0014070 COMP MAINT-I.T. 0.00 136.25 TOTAL CHECK 0.00 1,385.25 10100 113342 05/28/15 CHARTER CHARTER OAK GYMNASTICS, 0015350 CONTRACT CLASS -SPRING 0.00 351.00 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 07-274 0.00 93.96 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 12-467 0.00 81.36 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-FPL 14-343 0.00 577.50 10100 113343 D5/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-FPL 12-467 0.00 452.00 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-FPL 07-274 0.00 522.00 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 14-343 0.00 103.95 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-FPL 14-301 0.00 9.99 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-FPL 14-579 0.00 9.99 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 14-343 0.00 -103.95 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 07-274 0.00 -93.96 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 12-467 0.00 -81.36 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 14-579 0.00 -1.80 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 14-301 0.00 -1.80 10100 113343 05/26/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 14-301 0.00 1.80 10100 113343 05/28/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -FPL 14-579 0.00 1.80 TOTAL CHECK 0.00 1,571.48 10100 113344 05/28/15 DAYNITEC DAY & MITE COPY CENTER 0015510 PRIMP SVCS -GRAND AVE 0.00 83.77 10100 113345 05/28/15 DELTACAR DELTA CARE PMI 001 JUNE 15 -HMO DENTAL PR 0.00 361.73 10100 113346 05/28/15 DELTADEN DELTA DENTAL 001 JUN 15 -DENTAL PREMIUM 0.00 4,155.11 10100 113347 05/28/15 DENNISCA CAROL A DENNIS 0015210 PROF.SVCS-PLNG MTG 0.00 50.00 10100 113347 05/28/15 DENNISCA CAROL A DENNIS 0015510 PROF.SVCS-T&T MTG 0.00 100.00 TOTAL CHECK 0.00 150.00 10100 113348 05/28/15 DEVIMAYA MAYA DEVI 0015350 CONTRACT CLASS -SPRING 0.00 43.80 10100 113349 05/28/15 DBHIGHSC DIAMOND BAR HIGH SCHOOL 001 FACILITY REFUND -DBC 0.00 350.00 10100 113350 05/28/15 DOGDEALE DOG DEALERS INC 0015350 CONTRACT CLASS -SPRING 0.00 43.80 10100 113351 05/28/15 DREWELIA ELIANA DREW 0015350 CONTRACT CLASS -SPRING 0.00 466.20 SUNGARD PENTAMATION INC DATE: 06/10/2015 CITY OF DIAMOND EAR TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tsansact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND AMOUNT FACILITY REFUND-REAGA CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 113352 05/28/15 EJANTIFF TIFFANY EJAN 001 10100 113353 05/28/15 FEDEX FEDEX 0014090 10100 113353 05/26/15 FEDEX FEDEX 001 TOTAL CHECK 0.00 574.88 10100 113354 05/28/15 FEHRPEER FEHR & PEERS 0015551 10100 113354 05/28/15 FEHRPEER FEHR & PEERS 0015551 10100 113354 05/28/15 FEHRPEER FEHR & PEERS 0015551 10100 113354 05/28/15 FEHRPEER FEHR & PEERS 0015551 10100 113354 05/28/15 FEHRPEER FEHR & PEERS 0015551 TOTAL CHECK 7,852.16 AUDIT SVCS -SALES TAX 10100 113355 05/28/15 FORDMILL MILLIE FORD 001 10100 113356 05/28/15 GLADWELL GLADWELL GOVERNMENTAL SV 0014030 10100 113357 05/28/15 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 10100 113358 05/28/15 14DLC0REN HDL COREN & CONE 0014050 10100 113358 05/28/15 HDLCOREN HDL COREN & CONE 0014050 TOTAL CHECK 800.00 0.00 10100 113359 05/28/15 HIWAYSAF HI WAY SAFETY INC 0015554 10100 113360 05/28/15 HIROSEJE JEFFREY HIROSE 0015350 10100 113361 05/28/15 HUGOTAMA TAMA HUGO 001 10100 113361 05/28/15 HUGOTAMA TAMA HUGO 001 TOTAL CHECK 195.00 CONTRACT CLASS -SPRING 0.00 10100 113362 05/28/15 JACKSONS JACKSON'S AUTO SUPPLY 0014090 10100 113362 05/28/15 JACKSONS JACKSON'S AUTO SUPPLY 0015340 TOTAL CHECK 0.00 2,001.50 10100 113363 05/28/15 JAHANVAS MOHAMAD R JAHANVASH 0015350 10100 113364 05/28/15 KIMSUN SUNG KIM 001 10100 113365 05/28/15 KLEINGAB GABRIELA KLEIN 0015350 10100 113366 05/28/15 LEVYLOUI LOUISE L LEVY 0015350 10100 113367 05/28/15 LIEBESHE SHERI LIEBE 0015350 10100 113368 05/28/15 LIEBERTC LIEBERT CASSIDY WHITMORE 0014020 1.0100 113369 05/28/15 LACPUBWK LOS ANGELES COUNTY PUBLI 001.5340 10100 113370 05/28/15 LUONGKEN KENNY LUONG 001 10100 113370 05/28/15 LUONGKEN KENNY LUONG 001 TOTAL CHECK PAGE NUMBER: 5 ACCTPA21 -----DESCRIPTION- ---- SALES TAX AMOUNT FACILITY REFUND-REAGA 0.00 50.00 EXPRESS MAIL -GENERAL O.DO 66.40 E/MAIL-FPL 2014-579 0.00 32.33 0.00 98.73 ENG SVCS -SR 57/60 0.00 378.00 ENG SVCS -SR 57/60 0.00 574.88 ENG SVCS -SR 57/60 0.00 623.70, ENG SVCS -SR 57/60 0.00 1,710.45 ENG SVCS-SR57/60 0.00 1,852.20 0.00 5,139.23 FACILITY REFUND -DBC 0.00 100.00 CONSULTANT SVCS-R/MGT 0.00 950.00 PROF.SVCS-CITY VIEW 0.00 7,852.16 AUDIT SVCS -SALES TAX 0.00 4,260.94 CONTRACT SVCS -2ND QTR 0.00 900.00 0.00 5,160.94 SUPPLIES -RD MAINT 0.00 68.49 CONTRACT CLASS -SPRING 0.00 480.00 FACILITY REFUND -DSC 0.00 3.15 FACILITY REFUND -DBC 0.00 800.00 0.00 803.15 SUPPLIES -GENERAL 0.00 878.30 SUPPLIES -PARKS 0.00 19.87 0.00 898.17 CONTRACT CLASS -SPRING 0.00 216.00 RECREATION REFUND 0.00 195.00 CONTRACT CLASS -SPRING 0.00 1,545.60 CONTRACT CLASS -SPRING 0.00 841.20 CONTRACT CLASS -WINTER 0.00 234.00 LEGAL SVCS-H/R 0.00 2,001.50 SUMP PUMP MAINT-APR 0.00 325.47 FACILITY REFUND-M/HLL 0.00 81.00 FACILITY REFUND-M/HLL 0.00 45.00 0.00 126.00 SUNGARD PENTAMATION INC I PAGE NUMBER: 6 DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113371 05/28/15 MAGICALS MAGICAL STEPS ACADEMY 0015350 CONTRACT CLASS -SPRING 0.00 138.00 10100 113372 05/28/15 MANAGEDH MANAGED HEALTH NETWORK 001 JUN 15 -EAP PREMIUMS 0.00 163.02 10100 113373 05/28/15 MEHTASUR SURENDRA MEHTA 0015350 CONTRACT CLASS -SPRING 0.00 - 192.00 10100 113374 05/28/15 MOKKENNE KENNETH MOR 0015510 T & T COMM -APR 0.00 - 45.00 10100 113375 05/28/15 MOONEYMA MARLENE RAMIREZ MOONEY 0015350 CONTRACT CLASS -SPRING 0.00 752.40 10100 113376 05/28/15 MOONLIGH MOONLIGHT PRESS 0015210 SUPPLIES -ENVELOPES 0.00 174.40 10100 113376 05/28/15 MOONLIGH MOONLIGHT PRESS 0015510 SUPPLIES -ENVELOPES 0.00 174.40 TOTAL CHECK 0.00 348.80 10100 113377 05/28/''-5 MORALESE EDA MORALES 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 113377 05/28/15 MORALESE EDA MORALES 001 FACILITY REFUND-PNTRA 0.00 20.00 TOTAL CHECK 0.00 70.00 10100 113378 05/28/15 MOSLEYTO TOM MOSLEY 001 FACILITY REFUND -DBC 0.00 100.00 10100 113378 05/28/15 MOSLEYTO TOM MOSLEY 001 FACILITY REFUND -DBC 0.00 100.00 TOTAL CHECK 0.00 200.00 10100 113379 05/28/15 KIDZLOVE NORTH AMERICAN YOUTH ACT 0015350 CONTRACT CLASS -SPRING 0.00 1,749.00 10100 113380 05/28/15 OFFICEMA OFFICEMAX INC 0014440 SUPPLIES-EMERG PREP 0.00 160.97 10100 113380 05/28/15 OFFICEMA OFFICBMAX INC 0014090 SUPPLIES -GENERAL 0.00 423.58 10100 113380 05/28/15 OFFICEMA OFFICEMAX INC 0014090 SUPPLIES -GENERAL 0.00 19.53 10100 113380 05/28/15 OFFICEMA OFFICEMAX INC 0015210 SUPPLIES-PLNG 0.00 30.43 10100 113380 05/28/15 OFFICEMA OFFICEMAX INC 0015210 SUPPLIES-PLNG 0.00 9.85 TOTAL CHECK 0.00 644.36 10100 113381 05/28/15 ONWARDEN ONWARD ENGINEERING 2505510 CONSTRUCTION SVCS -MAR 0.00 1,710.00 10100 113381 05/28/15 ONWARDEN ONWARD ENGINEERING 2505510 CONSTRUCTION SVCS -APR 0.00 1,766.00 TOTAL CHECK 0.00 3,476.00 10100 113382 05/28/15 PGLEARNI P G LEARNING CENTER LLC 0015350 CONTRACT CLASS -SPRING 0.00 720.00 10100 113383 05/28/15 PTS PACIFIC TELEMANAGEMENT S 0015340 PARK PAY PHONES -JUN 0.00 495.84 10100 113384 05/28/15 PECHYEDW EDWARD PECHY 0015510 T & T COMM -APR 0.00 45.00 10100 113385 05/28/15 PERSHEAL PERS HEALTH 0014090 JUN 15 -RETIREE HEALTH 0.00 610.00 10100 113385 05/28/15 PERSHEAL PERS HEALTH 0014060 JUN 15-HLTH ADMIN FEE 0.00 147.26 10100 113385 05/28/15 PERSHEAL PERS HEALTH 001 JUN 15 -HEALTH INS PRE 0.00 39,982.73 TOTAL CHECK 0.00 40,739.99 10100 113386 05/28/15 PINNACLE PINNACLE PROMOTIONS INC 0015333 PROMO ITEMS -DBC 0.00 3,093.24 10100 113387 05/28/15 PSI PROTECTION ONE INC 0015340 ALARM SVCS-SYC CYN 0.00 41.50 10100 113388 05/28/15 RFDICKSO R F DICKSON COMPANY INC 0015554 ST SWEEPING SVCS -APR 0.00 8,593.93 SUNGARD PENTAMATION INC PAGE NUMBER: 7 DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113389 05/28/15 RPLAURAI R P LAURAIN & ASSOCIATES 0014090 LAND VALUE STUDY-YMCA 0.00 2,800.00 10100 113390 05/28/15 RAQUELRI RICHARD RAQUEL 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 113391 05/28/15 RAYJANE JANE RAY 001 FACILITY REFUND-DBC 0.00 100.00 10100 11.3392 05/28/15 RTSC REGIONAL TAP SERVICE CEN 1125553 3% COMMISSION-APR 0.00 -609.84 10100 113392 05/28/15 RISC REGIONAL TAP SERVICE CEN 1125553 CITY SUBSIDY-APR 0.00 4,131.60 10100 113392 05/28/15 RISC REGIONAL TAP SERVICE CEN 1125553 FOOTHILL PASSES-APR 0.00 16,196.40 TOTAL CHECK 0.00 19,718.16 10100 113393 05/28/15 RKACONSU RRA CONSULTING GROUP 0015510 FED FUNDING CONPLIANC 0.00 110.00 10100 113393 05/28/15 RKACONSU AKA CONSULTING GROUP 0015510 FED FUNDING COMPLIANT 0.00 1,640.00 10100 113393 05/28/15 RKACONSU RKA CONSULTING GROUP 0015551 PROJ APP-METRO CALL 0.00 165.00 TOTAL CHECK 0.00 1,915.00 10100 113394 05/28/15 ROBERTSO JEANIE ROBERTSON 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 113395 05/28/15 ROY13ALSH SHEENA ROYBA, 001 FACILITY REFUND-REAGA 0.00 50.00 10100 113396 05/26/15 RUIZCIND CINDY RUIZ 001 FACILITY REFUND-DBC 0.00 484.10 10100 113397 05/26/15 RUNGPIPA JAYNE RUNGPIPAT 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 113396 05/28/15 SAIZARAY RAYMOND SAIZA 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 113398 05/28/15 SAIZARAY RAYMOND SAIZA 001 FACILITY REFUND-PNTRA 0.00 2000. TOTAL CHECK 0.00 70.00 10100 113399 05/28/15 SGVCMA SAN GABRIEL VALLEY CITY 0014030 MTG-CMGR STAFF 0.00 165.00 10100 113400 05/28/15 SCHORRME SCHORR METALS INC 0015340 SUPPLIES-PARKS 0.00 62.81 10100 113401 05/28/15 SHEPHERD SHERI SHEPHERD 0015350 CONTRACT CLASS-SPRING 0.00 402.60 10100 113402 05/28/15 SJC3CONS SJC 3 CONSULTING INC 1255215 HIP ADMIN SVCS-APR 0.00 1,950.00 10100 113402 05/26/15 SJC3CONS SIC 3 CONSULTING INC 1255215 HIP ADMIN SVCS-MAR 0.00 1,912.50 TOTAL CHECK 0.00 3,862.50 10100 113403 05/28/15 SOLANOPA PABLO SOLANO 001 FACILITY REFUND-DBC 0.00 400.00 10100 113404 05/28/15 SCE SOUTHERN CALIFORNIA EDIS 0014093 ELECT SVCS-CITY HALL 0.00 10,179.59 10100 113405 05/28/15 STANDARD STANDARD INSURANCE OF OR 001 JUN 15-SUPP LIFE INS 0.00 399.00 10100 113405 05/28/15 STANDARD STANDARD INSURANCE OF OR 001 JUN 15-LIFE INS PREM 0.00 983.25 10100 113405 05/28/15 STANDARD STANDARD INSURANCE OF OR 001 JUN 15-STD/LTD 0.00 2,066.35 TOTAI. CHECK 0.00 3,448.60 10100 113406 05/28/15 SULAKHEM MANISHA SULAKHE 0015510 T & T COMM-APR 0.00 45.00 10100 113407 05/28/15 SULLSUZE SUZETTE SULLIVAN 001 FACILITY REFUND-PTRSN 0.00 50.00 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113408 05/28/15 TAMSIUKI SIU KI TAM 0015350 CONTRACT CLASS -SPRING 0.00 576.00 10100 113409 05/28/15 TENNISAN TENNIS ANYONE INC 0015350 CONTRACT CLASS -SPRING 0.00 2,233.75 10100 113410 05/28/15 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS -5/1 0.00 450.30 10100 113410 05/28/15 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTANT SVCS -5/15 0.00 1,801.20 TOTAL CHECK 0.00 2,251.50 10100 113411 05/28/15 SCGAS THE GAS COMPANY 0015333 GAS SVCS -DBC 0.00 547.08 10100 113412 05/28/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-COPLEY 0.00 218.76 10100 113412 05/26/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-COPLEY 0.00 954.75 TOTAL CHECK 0.00 1,173.51 10100 113413 05/28/15 TRIFYTTS TRIFYTT SPORTS 0015350 CONTRACT CLASS -SPRING 0.00 1,987.20 10100 113414 05/28/15 TRUSTWAV TRUSTWAVE HOLDINGS INC 0014070 SUBSCRIPTION RENEWAL 0.00 3,839.85 10100 113415 05/28/15 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 CONTRACT CLASS -SPRING 0.00 300.00 10100 113416 05/28/15 UNITEDDA UNITED DATA SERVICES INC 0014070 STORAGE SVCS-I.T. 0.00 517.50 10100 113417 05/28/15 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PRE-EMPLYMNT PHYSICAL 0.00 1,435.00 10100 1.13418 05/28/15 VIEYRAER ERIKA VIEYRA 0015350 CONTRACT CLASS -SPRING 0.00 29.40 10100 113419 05/28/15 VILLMARI MARIA VILLASENOR 001 FACILITY REFUND -DBC 0.00 500.00 10100 113420 05/28/15 DAHULAST DAVID D VILORIA 0015350 CONTRACT CLASS -SPRING 0.00 204.00 10100 113421 05/28/15 VISIONIN VISION INTERNET PROVIDER 0014070 MONTHLY HOSTING-C/WEB 0.00 180.00 10100 113421 05/28/15 VISIONIN VISION INTERNET PROVIDER 0014070 COMP MAINT RENEWAL 0.00 2,470.00 TOTAL CHECK 0.00 2,650.00 10100 113422 05/28/15 VSP VISION SERVICE PLAN 001 JUN 15 -VISION PREMIUM 0.00 1,641.08 10100 113423 05/28/15 VULCANMA VULCAN MATERIALS COMAPAN 0015554 SUPPLIES -RD SAINT 0.00 88.77 10100 113424 05/28/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DHC 0.00 130.87 10100 113424 05/28/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 698.60 TOTAL CHECK 0.00 629.47 10100 113425 05/28/15 WEBTREND WEBTRENDS INC 0014070 COMP MAINT-I.T. 0.00 790.00 10100 113426 05/28/15 WONG'PHOM THOMAS WONG 0015350 CONTRACT CLASS -SPRING 0.00 192.00 10100 113427 05/28/15 ZAMBLUZ LUZ ZASBRANO 001 FACILITY REFUND-S/CYN 0.00 50.00 TOTAL CASH ACCOUNT 0.00 299,901.49 TOTAL FUND 0.00 299,901.49 8 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 06/10/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:23:09 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150528 00:00:00.000' and '20150610 00:00:00.000' ACCOUNTING PERIOD: 12/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT TOTAL REPORT 0.00 299,901.49 CITY COUNCIL Agenda # 6 : 4 (aj Meeting Date: 06/16/15 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manag 9 ^', TITLE: APPROVAL OF AMENDMENT #3 TO EXTEND THE AGREEMENT WITH EXCEL LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS #38, #39, AND #41, AND WASHINGTON PARK FOR THE 2015/16 AND 2016/17 FISCAL YEARS IN THE ANNUAL AMOUNT OF $333,575; PLUS A CONTINGENCY AMOUNT EACH YEAR NOT TO EXCEED $27,000 FOR AS -NEEDED WORK, FOR A TOTAL ANNUAL AUTHORIZATION OF $360,575. Recommendation: Approve. Financial Impact: Approval of this contract will authorize staff to expend up to $360,575 for Landscape Maintenance Services during the 2015/16 fiscal year. Funds for this agreement are included in the adopted 2015/16 FY budget. Funding for the 2016/17 fiscal year is pending the adoption of the 2016/17 FY budget next year. Background: On June 21, 2011, the City Council awarded a two-year contract to Excel Landscape for landscape maintenance services at LLADs #38, 39 & 41 in the amount not to exceed $329,675 for the 2011/12 & 2012/13 fiscal years. On July 17, 2012, the City Council added the maintenance of Washington Park to the contract and increased the contract amount to $333,575. On June 4, 2013, the City Council extended the contract for another two years for the same annual amount of $333,575 for the period of July 1, 2013 through June 30, 2015. Parties desire to extend the contract for an additional two years at the same annual amount of $333,575 for the 2015/16 & 2016/17 fiscal years. Section 14B of the agreement with Excel Landscape authorizes the City Council to extend the term of the agreement for two years when no CPI increase is sought by the contractor. Discussion: Staff is seeking to extend the contract with Excel Landscape for a two year period, July 1, 2015 through June 30, 2017 for an annual contract amount of $333,575. Staff is also seeking approval for up to $27,000 each fiscal year in case staff has to assign as -needed work to this contractor in the districts or Washington Park. The type of as -needed work normally performed is related to irrigation repairs and landscape replacement. This results in a total annual authorization amount not to exceed $360,575. There will be no CPI increases during the two year period, just as there were no CPI increases for this agreement the past four years. As a part of the contract extension, Excel Landscape is seeking a revision to the termination clause of the contract. Currently, per section 14. B, the contract requires the contractor to provide the City with 180 days written notice to terminate the agreement. Excel Landscape is requesting that the notice be reduced to 90 days. The reason for this request is due to unknown changes that different State agencies are considering that could affect the contractor's cost of doing business. These issues include potential minimum wage and prevailing wage increases. An unlikely, but potential scenario the contractor may face is a State mandated increase in the contractor's labor costs during the two- year agreement which causes the contractor to lose money on this contract. As a result, the contractor will need to seek an increase in the contract amount from the City, or to terminate the contract. Excel Landscape believes it is necessary to obtain a revision in the termination notice from 180 days to 90 days to protect his business. Staff has no objection to this revision and recommends that the City Council approve it. Another uncertainty this contract faces is the potential for changes in the scope of work due to the City's response to the drought. If grant funding from MWD is awarded to Diamond Bar, staff plans to remove the turf along Diamond Bar Blvd. If this occurs, the contractor will no longer have to perform maintenance on almost 300,000 square feet of turf. The drought tolerant landscaping plan staff proposes to implement in place of the turf will still require maintenance, but it should require less labor than the existing turf. When this change is made, staff will negotiate a reduction of the contract amount, with the option of terminating this agreement and going out to bid for a new contractor. The City has the right to terminate the contract with 30 days notice, per section 13 of the agreement. Following are the areas that are included in this contract for the period of July 1, 2015 through June 30, 2017 to be maintained by Excel Landscape: Lighting and Landscape Maintenance District #38 Lighting and Landscape Maintenance District #39 Lighting and Landscape Maintenance District #41 Washington Park, 21208 Washington Street Maintenance specifications for the three districts and Washington Park are on file in the City Clerk's office. Attachments: Amendment #3 to Agreement Proposal from Excel Landscape dated June 1, 2015 confirming their offer of a two-year agreement with no CPI increase. Maintenance Services Agreement dated June 21, 2011. PREPARED AND REVIEWED BY: Community Services Director AMENDMENT #3 TO AGREEMENT THIS CONTRACT AMENDMENT is made this 16th day of June, 2015 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY') and EXCEL LANDSCAPE, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a two year AGREEMENT with CITY effective July 1, 2011 ("the AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A in the amount of $329,675 per year. b. Amendment #1 to AGREEMENT was approved by the City Council on July 17, 2012 to add the maintenance of Washington Park to the scope of work and to increase the amount by $3,900 per year for a total annual amount of $333,575. c. Amendment #2 to AGREEMENT was approved by the City Council on June 4, 2013 to extend the term of the agreement for two years, July 1, 2013 to June 30, 2015 for a total annual amount of $333,575. d. Parties desire to amend the AGREEMENT to extend the term of the agreement for two years, July 1, 2015 to June 30, 2017 for the total annual amount of $333,575, with an authorized amount of an additional $27,000 for as needed work as assigned, to reduce the termination notice required of the contractor from 180 days to 90 days, and to require the registration of the contractor and its subcontractors, if any, with the Department of Industrial Relations. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 —Term of AGREEMENT provided in Section 3 is amended by extending the term for two years, July 1, 2015 to June 30, 2017. Section 2 — Compensation of AGREEMENT provided in Section 4 shall remain $333,575 annually, with an authorized amount of an additional $27,000 for as needed work as assigned. Section 3 — Termination notice required of the contractor provided in Section 14. B. is amended to 90 days written notice from 180 days. Section 4 — Prevailing Wage requirement provided in Section 16 is amended to add, "The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015, This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations." Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation of the State of California Signed Steve Tye Title: Mayor APPROVED TO FORM: City Attorney EXCELLANDSCAPE Contractor Signed Title Signed Title City Clerk Exhibit A — Location & Compensation Schedule Excel Landscape Landscape Maintenance Locations per District maps provided in the City-wide Landscape Maintenance Specifications, dated 5/18/10 and on file in the City Clerk's Office. Cost Break-out Per Location for the 2015/16 and 2016/17 Fiscal Years: 15/16 & 16/17 FY Contract Contractor Amounts 1. Lighting and Landscape Maintenance District #38: Excel $140,617.00 $11,718.08/mo. 2. Lighting and Landscape Maintenance District #39: Excel $139,331.63 $11,610.97/mo. 3. Lighting and Landscape Maintenance District #41: Excel $49,726.37 $4,143.86/mo. 4. Washington Park, 21208 Washington Street: Excel $3,900.00 $325.00/mo. Total Contract Amount for items 1 thru 4 above: $333,575.00 $27,797.91 /mo. Total Authorization: 2015/16 Contract Amount: $333,575 2016/17 Contract Amount: $333,575 2015/16 As -Needed Work: 27,000 2016/17 As -Needed Work: 27,000 2015/16 FY Authorization: $360,575 2016/17 FY Authorization: $360,575 Limited to amount approved in 2016/17 FY Adopted Budget. v 710 Rimpau Ave, Suite 108 ® Corona, California 92879 (951) 735-9650 ® Fax: (951) 735-0469 ® Lic. # 694553 June 1, 2015 City of Diamond Bar Attn: Bob Rose 21825 E. Copley Dr. Diamond Bar, CA 91765-4178 Re: Landscape Maintenance Contract Dear Bob, This letter is to confirm our interest in extending our current maintenance agreement for services for Specific Land Maintenance Districts. We are willing to extend for the two year period as outlined in section 28.04 of the specifications. We respectfully request that Section 13 of the original agreement regarding termination be restored to its original terms or we are willing to accept a termination period of ninety days with written notice to the city. The City's right to terminate can remain the same. We look forward to the opportunity to continue providing services to your city. Please call to discuss or if you have any questions. Sincerely, lj is e Alfaro sident JA:dap CC: Anthony Jordan MAINTENANCE SERVICES AGREEMENT FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS #38, #39 & #41 THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and Excel Landscape ('Contractor"). RECITALS A. City desires to utilize the services of Contractor, as an independent contractor to provide city-wide tree maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Lighting and Landscape Maintenance District Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications dated MaV 18 2010. 2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated June 7 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B herein, until June 30, 2013, This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Three Hundred Twenty -Nine Thousand Six Hundred Seventy -Five Dollars ($329,675) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses. City: James DeStefano, City Manager Contractor: Jose Alfaro, President City of Diamond Bar Excel Landscape 21825 Copley Drive 710 Rimpau Avenue, Suite 108 Diamond Bar, CA 91765-4178 Corona, CA 92879-5724 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor_ Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees, Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. S. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in fhe State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000,00; (4) worker's compensation insurance with a minimurn limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Options. A, The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period, if this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good rause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials, 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt -by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good'faith efforts to resolve the same thereby, shall be conditions precedent to the institution"of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the Provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending maters are dosed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: Tommye Cribbins,' City Clerk as to form: Jenkins, City "Contractor" By: TITLE CITY OF OND BAR X By: VLWLe� Steve Tye, May: r State of California Contractor's License No. 694553. Contractor's Business Phone %��� 79-5��r05�� Emergency Phone fa%~ at which Contractor can be reached at any time, CITY COUNCIL Agenda # 6.4 (b) Meeting Date: 6116115 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana, TITLE: APPROVAL OF CONTRACT IT SOCIAL VOCATIONAL SERVICES (SVS) TO PROVIDE WEED REMOVAL AND LITTER ABATEMENT SERVICES IN THE CITY OF DIAMOND BAR IN THE AMOUNT NOT TO EXCEED $23,800 FOR THE 2015/16 FY RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included in the adopted 2015/16 FY budget. BACKGROUND: The City of Diamond Bar has contracted with SVS for the past year to provide weed removal and litter abatement services at various locations in the City. DISCUSSION: Social Vocational Services is a Diamond Bar based 501(c)3 non-profit corporation that has been doing business in Diamond Bar for over 11 years. They have been under contract with the City of Diamond Bar to perform the services specified in this contract for the past year. They also have contracts with the cities of La Verne, Rancho Cucamonga and La Puente. Based on their successful performance of work identified in the Diamond Bar contract, plus their continuing positive relationship with nearby communities, staff recommends that the contract with SVS should be extended for another year. P;P D REVIEWED BY: Director of Community Services Attachments: Agreement between City of Diamond Bar and Exhibit "A" —Work Locations dated 6/10/15 Exhibit "B" -- Proposal from Social Vocational Exhibit "C" — Compensation Schedule Social Vocational Services dated 6/16/14 Services dated 6/10/15 MAINTENANCE SERVICES AGREEMENT FOR WEEDS AND LITTER ABATEMENT SERVICES THIS AGREEMENT is made as of June 16, 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and Social Vocational Services, Inc. ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide Weeds and Litter Abatement Services in the City of Diamond Bar. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Weeds and Litter Abatement Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated 6/10/2015. 2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The RFP, Contractor's Proposal dated 6/10/2015 (Exhibit "B"), together with this written Agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Twenty -Three Thousand Seven Hundred Ninety-three Dollars and Twelve Cents ($23,793.12) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 4. Term of Agreement. This Agreement and unit prices shall take effect July 1, 2015, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2016. This Agreement may be extended as set forth in Section 14. 5. Addresses City: James DeStefano, City Manager Contractor: Social Vocational Services, Inc. City of Diamond Bar 22632 Golden Springs, Suite 105 21810 Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765-4178 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad - form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's behalf upon the Contractor's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13.Termination. This Agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Options. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the Contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for an additional one year period as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, with the limits being no increase to a maximum of the increase in the cost of living index as referenced below. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition. or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated Agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or Agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: an CITY OF DIAMOND BAR By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: City Attorney "CONTRACTOR" By: TITLE CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached. Exhibit "C Weeds and Litter Abatement Services Agreement 7/1/15 — 6/30/16 Compensation Schedule Monthly Compensation: $1,982.76 X 12 months = $23,793.12 annually Exhibit "A" Weeds and Litter Abatement Services Agreement 7/1/15 - 6/30/16 Work Locations - 6/10/15 Below are the work locations that the Social Vocational Services, Inc. (SVS) crews will be responsible for maintaining in City of Diamond Bar. In addition, work locations are listed that SVS crews will be assigned by City staff to work on an as -needed basis. This additional work will be done to complement the work of other City contractors. This information is incorporated into the agreement as Exhibit "A". Work Locations 1. Diamond Bar Blvd: Temple to Sunset Crossing. Southwest side 1.1 miles. 2. Diamond Bar Blvd: Crestview to Goldrush. East side .2 miles. 3. Steep Canyon: Diamond Bar Blvd. to Clear Creek Canyon & Cul-de-sac. 4. Diamond Bar Blvd: Steep Canyon to Crestview. East side .7 miles 5. Grand Ave.: 57 fwy. to Goldensprings. Both sides .2 miles. 6. Goldensprings: Grand Ave. to Brea Cyn. Road. Both sides 1.9 miles. 7. Brea Canyon Rd.: Pathfinder to Goldensprings. East side.7 miles, west side .9 miles. 8. Washington: Corner of Washington and Lincoln and cul-de-sac on Washington. 9. Goldensprings/Armitos: 60 freeway crossing. Both sides .2 miles. 10. Cold Spring: Diamond Bar Blvd. west to Crooked Creek. Both sides. 11. Sycamore Canyon Park: Along trail in undeveloped area. 12. Pantera Park: Pantera Park to homes. .2 miles. 13. Sunset Crossing: Parkway on north side across the street from Navajo Springs- Behind old L.A. Fitness building (now a church) from fire hydrant to Mobil gas Station 14. Lemon Ave.: 60 freeway over crossing. .1 mile. 15. Valpico: 1700 block west of Kiowa Crest. .1 miles 16. Leyland and Benfield: Both sides. .1 miles. 17. Castle Rock: North end of street north of Silver Bullet in cul-de-sac adjacent to the flood control channel. .2 miles. 18. Via Sorella: From Brea Canyon Road east along fence. .1 mile. 19. Pasado Drive and Ambushers: Cul-de-sac. 20. Beaverhead: west of Palo Cedro. Cul-de-sac. 21. Chandelle east of Goldrush: South side. 22. Cleghorn and Clear Creek Canyon: Vacant lot. As needed work Locations The City wants to increase the frequency that certain sidewalks are cleaned in Diamond Bar from once per month to twice per month. Our intent is to have SVS perform sidewalk clean-up at the following locations at least once per month. MCE will continue to clean these same locations per their current contract at least once per month as well ensuring that the walks are cleaned twice per month. Please contact me with any questions regarding these locations. 1. Both sides of Golden Springs between Brea Canyon Road and Lemon. (Especially under pine trees and eucs.) 2. South side of Golden Springs between Brea Canyon Road and Adel. (Especially under pine trees.) 3. West side of Brea Canyon Road between Golden Springs and Glenbrook. (Especially under pine trees.) 4. East side of Brea Canyon Road between 60 Fwy and Washington Street. (Especially under pine trees.) 5. East side of Diamond Bar Blvd. between Cold Spring and Quail Summit. (Especially under pine trees.) 6. West side of Diamond Bar Blvd. between Pathfinder and Quail Summit. (Especially under pine trees.) 7. East side of Diamond Bar Blvd. between Clear Creek Canyon and Steep Canyon. (Especially under pine trees.) 8. West side of Diamond Bar Blvd. between Grand Ave. and Golden Springs. (Especially under pine trees.) 9. East side of Diamond Bar Blvd. between 60 Fwy and Sunset Crossing (Especially under pine trees.) 10. South side of Temple Ave. between 57 Fwy and Diamond Bar Blvd. (Especially under pine trees and eucs.) 11. Both sides of Golden Springs between Temple and 60 Fwy. (Especially under pine trees.) 12. Both sides of Golden Springs between Diamond Bar Blvd. and Grand Ave. (Especially under pine trees.) 13. Both sides of Grand Ave, between 60 Fwy and Golden Springs. (Especially under eucs.) 14. South side of Golden Springs west of Grand Ave. to second church driveway. (Especially under pine trees.) Exhibit "B" Proposal from SVS 7/1/15 — 6/30/16 This agreement, effective (SVS) and: PERSONNEL LEASING AGREEMENT Supported Employment Groups July 1, 2015 is between Social Vocational Services Employer Name: City of Diamond Bar—City Hall offices Address: 21810 Copley Drive Diamond Bar CA 91765 Phone, fax, e-mail: 909 839 7000 Contact Person: Bob Rose, Anthony Jordan and others SVS will provide personnel and supervision of personnel according to the following mutually agreed upon terms: 1. SVS will provide employer with pre-screened, qualified workers according to the following schedule: Days/week: 3 + Hours/day: 7 Start time: 8 a.m. End time: 3:30 Or as indicated by --1/2 hour lunch break unpaid 2. Training and supervision of workers will be provided by SVS staff. The SVS job coach and/or Program Director will serve as a liaison between the Employer and SVS to ensure satisfaction and compliance with this Agreement. Workers' Compensation Insurance for the contracted work will be provided by SVS. 3. Description of work to be performed (include specific duties, responsibilities and tasks as well as equipment and supplies that are to be used: As per city Parks and Maintenance Superintendent, to provide Maintenance and Litter removal/weed control for current and proposed Work locations (see Art A). Clear weeds along current abatement street, cut back growth along fences and sidewalks, rake or blow leave, sweep or blow gutters, spray with Round UP. A minimum of one time per month per job site (see Art A which include 36 Work locations.). SVS will notify city representative of suspicious or toxic items. Tools and supplies will be provided A. SVS office responsible for this contract: Program Director: Guillermo Padilla SVS office address: 22632 Golden Springs Dr., Suite 105 Diamond Bar, CA 91765 Phone/fax/e-mail: 909 396 5166 f 396 5160 gpadilla@sysine.org 5. Training of SVS staff will occur according to the following plan: SVS EA 450 2/06 Page 1 of 2 ✓ SVS will arrange for the supervising staff person (job coach) to report to the Employer at a pre -scheduled time (at least one week prior to the contract start date) to receive training and information regarding work skills required, company rules/policies and the interpersonal skills necessary to adapt to the work environment. This information will be conveyed to all workers individually and in daily group meetings during the first two weeks of work. ✓ If the Employer chooses, SVS workers and their job coach may attend an orientation and introduction to the work place prior to start of the contract. ✓ The SVS job coach will be responsible for quality control. Sample inspections of all work performed will occur daily. SVS administrative staff will complete a site visit at least once per month to review overall performance and compliance. 6. Billing for SVS services will be: $1982.76 per month Billing will occur monthly and is due and payable upon receipt. Checks should be made payable to Social Vocational Services or SVS and sent to: Social Vocational Services Attn: CCB—Accounts Receivables 3555 Torrance Blvd Torrance CA, 90503 Any bill not paid within 60 days of receipt will be subject to a late charge. 7. SVS leased personnel generally observe 7 non -working holidays during the year. Any and all variations to this schedule must be specified below: SVS Holidays (cross off if not applicable) Additional Emnlover Holidays (if anv) New Year's Day Memorial Day 4" of July Labor Day Thanksgiving Thanksgiving Friday Christmas Day 8. This agreement will remain in force unless amended or cancelled by either party, with 30 days written notice. Annually, the performance and costs associated with this agreement will be reviewed by both parties and a new Personnel Leasing Agreement signed if necessary. &4414 0.. 'if44ery SVS Dir of Comm Dev 61015 Date SVS Regional Director Date Company Representative (Name and Title, Please Print) Company Representative (signature) Date SVS Employer Identification Number: 95-3284250 SVS EA 450 2/06 Page 2 of 2 Exhibit "C Weeds and Litter Abatement Services Agreement 7/1/15 — 6/30/16 Compensation Schedule Monthly Compensation: $1,982.76 X 12 months = $23,793.12 annually CITY COUNCIL Agenda # 6 . 4 (c) Meeting Date: 6/16/15 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROVAL OF AMENDMENT #1 O AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2015 THROUGH JUNE 30, 2016 IN THE AMOUNT OF $70,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the 2015/2016 Fiscal Year from tennis instruction is $107,000. From this amount, $70,000 is paid to the contractor and $37,000 is retained by the City. Actual revenue and instructor payments will depend upon how many people actually sign up for the tennis instruction classes during the 2014/2015 fiscal year. BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2014 to provide tennis classes in Diamond Bar for the period of July 1, 2014 through June 30, 2015. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Staff is seeking City Council approval to extend the contract for the period of July 1, 2015 through June 30, 2016 in the amount not -to -exceed $70,000. DISCUSSION: Tennis Anyone has continued to provide quality tennis instruction programs for the Diamond Bar Community. Staff therefore recommends that the City Council award the contract to Tennis Anyone for the 2015/2016 Fiscal Year in the amount of $70,000. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $40,000 without prior approval from the City Council. This contract amount is based on the pattern of increasing enrollment during the last three Fiscal Years. PREPARED BY: Christy Murphey, Recreation Superintendent RWVIEE e Community Services Director Attachments: Amendment #1 to Tennis Instruction Service Agreement Contract with Tennis Anyone dated 7/1/14 AMENDMENT #1 TO TENNIS INSTRUCTION SERVICE AGREEMENT THIS AMENDMENT #1 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 16th day of June, 2015 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TENNIS ANYONE (CONTRACTOR). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2014 ("the AGREEMENT') for recreational tennis instruction. b. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2015 through June 30, 2016. Section 2 — Compensation provided in Section 3 of the AGREEMENT is revised to an amount not -to -exceed $70,000 for the term of July 1, 2015 to June 30, 2016. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Steve Tye Mayor APPROVED TO FORM City Attorney TENNIS ANYONE Contractor Signed Title City Clerk TENNIS INSTRUCTION SERVICE AGREEMENT THIS AGREEMENT is made as of July 1, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Tennis Anyon ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May, 27, 2014, B. Contractor represents that it is fully qualified to perform such tennis instruction services by virtue of its experience and the paining, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 27,201 B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit `B" and as supplemented in quarterly class schedules provided by the City Manager, or his designee. Set -vices commence when instructor arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever, 2. Term of Agreement, This Contract shall take effect July 1, 2014, and shall continue until June 30, 2015 unless earlier terminated pursuant to the provisions herein, By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this. Agreement shall not exceed seventy thousand dollars$7( 0,000) annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. . 5. Addresses. City: City Manager Contractor: Bill Bush City of Diamond Bar Tennis Anyone 21810 Copley Drive 15670 Portenza Dive Diamond Bar, California 91765 Fontana, CA 92336 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contactor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contactor, then Contactor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that lie does not have any employees nor will he have any employees during the terns of this contact, Contactor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contactor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indeimnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. . Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of there hamnless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contactor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contactor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contactors in performance of services under this Agreement, Contractor shall require contracting instructors to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (3 0) day's prior written notice thereof. Contactor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificatesindicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor tinder this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any maturer with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendox(s) of hardware of software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 11. 'Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such teniination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Tnunediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship, B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry; age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard cominewial. supplies or raw materials. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments, 16. Non-Walver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be, construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and tho making of any such payment by City shall in noway impair or prejudice any right or remedy available to City with regard to such breach or default, 17. Attorney's pees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or. during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may; fi-om time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law, This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one arid the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By:—'�Jt+� G r7 Tomn{ye Cribbins City Clerk CITY OF DIAMOND BAR By: Carol Herrera Mayor "CONTRACTOR" By:— Its: CITY COUNCIL Agenda # 6.4 (d) Meeting Date: 06/16/2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man'e TITLE: AUTHORIZATION BY THE CITY C UNCIL FOR APPROVAL OF EXPENDITURES OF UP TO $60,000 PAYABLE TO ALLIANT INSURANCE SERVICES FOR THE PURCHASE OF TENANT USER LIABILITY INSURANCE AND SPECIAL EVENT INSURANCE FOR THE 2015/16 FY RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the fees charged to renters and in the General Fund of the 2015/16 fiscal year budget for Special Events. Special Events Insurance costs about $10,000 per year. The fees collected from renters for Tenant User Insurance is deposited as revenue in the General Fund Facility Rental account. BACKGROUND: Per best practices recommended by the Southern California Joint Powers Insurance Authority, the City of Diamond Bar purchases two types of insurance to cover general liability and property damage risks related to the special events it conducts and the rental of City facilities. Special Event insurance provides coverage for the 16 special events the City conducts each year, which include, among others, the Fireworks Show, City Birthday Party, and Winter Snowfest. The City requires all users of City facilities to provide their own insurance to cover liability and property damage risks related to their rental of City -owned buildings and parks. In many cases, the user does not have access to insurance (those that do usually make use of their home owners insurance), so the City provides the insurance through the Tenant User Insurance policy, which is paid for by the user of the facility. Typical events conducted at City facilities include picnics, weddings & wedding receptions, proms, quinceaneras, and business meetings. To obtain a company to provide Special Event Insurance and Tenant User Insurance, staff solicited bids and received three written responses: Aliant Insurance Services; Specialty Risk Insurance; and SCMAF Special Event Insurance. Staff used the two most common rental events to compare the bids, with the following results: Picnic or Party with less than 100 in attendance and no alcohol Wedding with 350 in attendance with alcohol Alliant Insurance Services $81.00 $173.00 Specialty Risk Insurance $95.00 $250.00 SCMAF Special Event Ins. $128.17 $223.30 DISCUSSION: Staff recommends that the City Council authorize staff to use Aliant Insurance Services, the low bidder, for the purchase of Special Event Insurance and Tenant User Insurance during the 2015/16 fiscal year. Diamond Bar has been using Alliant Insurance Services for over ten years as an option for renters of City facilities. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $40,000 without prior approval from the City Council. Staff anticipates expenditures of $60,000 for Alliant Insurance Services during the 2015/16 FY. PREPARED BY: Christy Murphey, Recreation Superintendent REVI W BY: Bo Rose Community Services Director Attachments: Request for Proposals Proposal from Aliant Insurance Services m 9 (A "TemurtfUser Event" is an event that is Iield or sponsored by companies, Organizations, or individuals that have been permitted to use your premises) TENANT/ USER EVENT HAZ ` I HAZ 11 HA'L HI" U/W.*' Approval Re uired NO& Participant Coverageg _ AEROBIC & JAZZERCISE CLASSES x ANIMAL ACTS. / SHOWS x ANINIAL TRAfN9NG x ANTIQUE SHOWS x ART FESTIVALS / SHOWS x AUCTIONS Y AUTO SHOWS No Auto Covera e0 x AWARDS PRESENTATIONS 1 BALLETS ,l' BANQUETS x BAZAARS x BEAUTY PAGEANTS x BICYCLE RALLIES - x _ X BINGO GANIES - x BLOCK PARTIES / STREET CLOSURES (Excludes. Bleachers) x x BOATSHOWS x BODY BUILDING CONTESTS x ............. BUSINESS MEETINGS / SHOWS X CARNIVALS NO Rides) Y x CASINO & LOUNGE SHOWS (No Performer or Crecy Coverage) x CHAMBER OF COMMERCE EVENTS CHRISTMAS TREE LOTS / FARMS (No cut your own) x CHARITY BENEFITS. laelndln.gAuctions /Sales) x CINEMAS x CIVIC CLUB MEETINGS x COMEDY SHOR'S (No Performer or Crew Covera e) X CONCERTS (NO Hip/Bol), Rap, Heavy Metal) Classical Music x x Indoors under 1,500. X x Symphony x x Outdoors under 1,500 —__ x x Rock under 5,000 x x x Alternative under 1,500 x X x CONSUMER SHOWS X CONVENTIONS (Inside) x CORPORATE EVENTS x COUNTRY WESTERN EVENTS NO Equine) x x CRAFT SHOWS x • Declination of Events could be doe to the attendance size or level of performers a Athletic Pit rticilmtit's coverage requires prim company approval and signed watver(s) • Liquor Legal Liability for Hazard Group 11 must be submitted for Underwriter Approval. See Page 16 for details Event Policy Term: January 1, 2015 to January I, 2016 TENANVUSRR PROGRAM HAZARD SCHEDULE (Continued) (A "Tenant/User Event" is an event that is held oi• sponsored by companies, organizations, or individuals that have been permitted to use your premises) TENANT/USEREVENT IIAZ 1 IIAZ it HAZ UAVA NO i III ApproVal Participant Required_Covem w DANCE SHOWS (includes Rehearsals & Dnnceis) X DANCES X DEBUTANTE BALLS DEBUTS DINNER THEATERS (No Performer or Crew Coverage) X. X DOG SHOWS Y _ DRILL TEAM EXHIBITIONS / CONIPETITIONS X. EDUCATIONAL EXHIBITIONS A ELECTRONICS CONVENTIONS X EVANGELISTIC MEETINGS (Revivals, etc) X EXHIBITIONS / EXHIBITS (Inside) X EXHIBITIONS / EXHIBITS (Outside) X EXPOSITIONS Inside 1 EXPOSITIONS (Outside) X FASMON1 SHOWS X FILM PRODUCTIONS X X FISHING EVENTS (Inside) 1 FISHING EVENTS (Outside) X FLOWER SHOWS X FOOD CONCESSIONS X GARDEN SHOWS X GRAD NIGHT Universii Only —NO Hidi School S GRADUATION CEREMONY X GYMNASTIC CONR'HTITIONS (No Participant Coverage) ) X X HARVEST FESTIVALS X HAUNTEDHOUSES X X HEADS OF STATE EVENTS X FIONIE /HOUSING SHOWS X MORSE SHOWS X A HOTEL SHOWS X ICE SKATING SHOWS X X INSTRUCTIONAL CLASSES (non-mechanical) X JAM & JAZZ SESSIONS R JOB FAIRS Y KIDDIELANDS NO Rides) X • Declination of Events could be clue to the attendance size or level of performers • Athletic Participial's Coverage requires prior company approval Incl signer) waiver(s) • Liquor Legal Liability for Hazard Group lI most Ile submitted for Underwriter Approval, See Page 16 for details Special Event Policy Term: January 1, 2015 to January 1, 2016 u TENANT/USER PROGRAM HAZARD SCHEDULE (Continued) (A "Tenant/User Event" is an event that is held or sponsored by companies, organizations, or individuals that have been permitted to use your Premises) TENANT./ USER EVENT 11AZ 1 HAZ II HAZ 111 fr U/1V*1- Approval Required NO'i Participial Coverne LADIES CLUB EVENTS x LECTURES X LIVE ENTERTAINMENT (No Performer or Crew Coverage) X ,l' LIVESTOCK SHOWS X LUNCHEONS X MARATHONS X. NIARTIAL ARTS EVENTS (Non -Contact) No Participant Coverage nv/o Company Approval N X MEETING Inside X NIEETINC Outside 1 MOBILE HOME SHOWS X MOTION PICTURE'^ THEATERS X MUSICALS NO Rock) X X NIGHT CLUB SHOWS (No Perrornier or Crew Coverage) \. OPERAS /OPERETTAS (No Performer or Crew Coverage) X ORGANIZED SIGHTSEEING TOURS (No Auto Coverage) OVERNIGHT CA\,fPNG X PAGEANTS X PARADES N X PARTIES / CELEBRATIONS —No Liquor PARTIES / CELEBRATIONS —Willi Liquor X PETTING ZOOS (NO FEEDING- SURCHARGE MAY APPLY TO EXOTIC ANIMALS) X PICNIC GROUNDS. Without Pools or Lakes X With Pools or Lakes OVER 150 feet ti-om Water (Excludes Swimming &.Diving) X With Pools or Lakes LESSTHAN 150 feet from Water (Excludes Swimming & Diving) Y PLAYS No Performer or Crew Coverage) X X POLITICAL RALLIES X X PROMOTERS (Subject to Special Rating) \ X PROrNIS a PUMPKIN PATCHES / CORN MAZES x o Declination of Events could be doe to the artendmnee size or level of performers •.Athletic Participant's coverage requires prior company approval and signed waiver(s) • Liquor Legal Liability for Hazard Group 11 must be submitted for Underwriter Approval. See Page 16 for details Special Event Policy Term: January 1, 2015 to January I, 2016 10 ra TENANVUSER PROGRAM HAZARD SCHEDULE (Continued) (A "Tenant/User went" is an event that is held or sponsored by companies, organizations, or individuals that have been permitted to use your premises) TENANT/USER EVENT HAZ I RA—_ ]I IIAZ lil: U/WA Approval Required NO Participan Covera -e'- RECITALS MUSIC, DANCE, PIANO) N RECREATIONAL EVENTS Y _ RELIGIOUS ASSEMBLIES (Church Services, Bible -Study, etc) DURATION OF TIME ONLY 6 WEEKS N REUNIONS RUMMAGE SALES N RV SNOWS N SCHOOL BANDS EXHIBITIONS / CONIPETIONS \ SCOUTING JANIBOREES X _ SEANCES X SEMINARS N SIDEWALK SALES N -SKATING PARTY N N SKI EVENTS / DEMOS K K _ SPEAKING ENGAGEMENTS N SOAP BON DERBIES X SOCIAL GAT14ERINGS (Indoors) N SOCIAL GATHERINGS Outdoors SPORTING EVENTS Non -Professional (Indoors) N BASEBALL X. N BASKETBALL N N SOFTBALL N N SOCCER N N TENNIS/ HANDBA LI_ /RACK ETBA LL COURTS N N STATE & COUNTY FAIRS _ _ N N STREET FAIRS N N mirrvivf1NG EVENTS (AGE INFORTNIATION REQUIRED) LIFEGUARD RATIO FORAGES 0.12 MUST BE I TO 4 AND AGES 12 sC UP I TO 6 S TELECONFERENCES K TELETHONS THEATRICAL ROAD SHOWS (No Performer or Crew Coverage) \ N THEATRICAL STAGE PERFORNIANCES (No Performer or Crew Coverage) N N TRADESHOWS(Inside)_ N _ _ TRADE SHOWS (Outside) N _ o Declination of Events cooltl be doe to the attendance size at, level of performers a Atbletie Participant's coverage requires prior company approval and signet) waiver(s) o Liquor Legal Liability for Hazard Group 11 must he submitted for Underwriter Approval. See Page 16 for detail Special Event Policy Term: January 1, 2015 to January 1, 2016 11 I TENANT/USER PROGRAM HAZARD SCHEDULE (Continued) (A "Tennnt/User Event" is on event that is held or sponsored by companies, organizations or individuals that have been permitted to Me your premises) TENANVUSEREVENT '.I1AZ 1 HAZ HAZ 11 ILII U/tVt: Approval Retluired N0- Participant Coverage UNION MEETINGS x VACATION SHOWS X VOTER REGISTRATIONS \ WEDDINGS & RECEPTIONS X - WEDDIN'G PHOTOGRAPHERS R ZOOS ACTUAL FACILITY x o Declination of Events could he doe to the attendance size or level of performers o Athletie Participant's coverage requires prior company approval and signed wniver(s) a: Liquor Legal Liability for Hazard Group H must be submitted for Underwriter Approval. See Page 16 for details Special Event Policy Term; January 1, 2015 to January 1, 2016 12 TENANT USER EVENT PREMIUMS January 1, 2015 to January 1, 2016 PRE,NIIUMS: NOTE: Increase limits are available please see upcharge chart on page 14 C HAZARD III ATTENDANCE PREMIUM HAZARD I ?,610 (i tW ATTENDANCE 1-100 PREMIUM � �5C�0 �� 1-100 101-500 501-1500 $ $ $ 81.00 113.00 169.00 $ 207.00 1501-3000 $ 219.00 501-1500 3001-5000 $ 332.00 vyt CJ 5000+ Determined To Be $ 690,00 3001-5000 $ 521.00 HAZARD H HAZARD III ATTENDANCE PREMIUM A'r'IT, DANCE. PREMIUM 1-100 $ 119.00 1-100 $ 189.00 101-500 $ 207.00 101-500 $ 332.00 501-1500 $ 215.00 501-1500 $ 439.00 1501-3000 $ 408.00 1501-3000 $ 690,00 3001-5000 $ 521.00 3001-5000 $ 847.00 5000+ To Be 5000+ To Be Determined Determined PREMIUMS ARE ONLY VALID FROM 1/1/15, TO 1/1/16 PREMIUMS INCLUDE ALL TAXES & PEES PREMIUMS ARE APPLICABLE PER TOTAL ATTENDANCE. FOR MULTIPLE DAYS: ® Total the attendance for all days of the event. Refer to premiums schedule and charge the premium corresponding to the total attendance. Events lasting over five days require underwriting approval. Please submit information to Alliant Insurance Services, Inc. e Alcoholic Beverage premiums are to be seuarately ealcalated for each day. Liquor Legal Liability is included in the policy by separate endorsement Liquor Legal Liability for Hazard Groups H and III require underwriter approval. See Page 15 for details ® Multiple Day Events: List the Event days that are used exclusively for "setting up" or "taking down" oil the Quarterly Report as a "set up" or "take down" day. These are considered insured days on the coverage certificate Special Event Policy Term: January 1, 2015 to January 1, 2016 13 TENANT USER EVENT PREMIUMS January I, 2015 to January 1, 2016 EXHIBITORS AND CONCESSIONAIRE PREMIUMS: Exhibitors - No Sales $29.00 Per Day/Per Exhibitor Concessionaires - Non Food Sales $39.00 Per Day/Per Concessionaire Concessionaires- Food Sales $49.00 Per Day/Per Concessionaire Premiums Include All Taxes S. Fees Exhibitors and Concessionaires coverage is only available in conjunction with n scheduled event. LIQUOR LEGAL LIABILITY PREMIUMS: � k HAZARD GROUP I ONLY: 6f Vv" J� Alcoholic beverages served charge $60.00 premium for each day of the event. N, HAZARD GROUPS II AND III: Require prior company approvnl. The premiums below are for quote purposes only 1-150 $121 151-300 $146 301-500 $194 500+ To Be Determined Premium include all taxes and fees Liquor Legal Liability coverage is roily available in conjunction with a scheduled event LIQUOR CHARGES AFTER MIDNIGHT EVENTS: ® If at, event With Liquor extends beyond Midnight and ends before 2:00 Anil (excluding take down days) you can check the appropriate box on the certificate and add a 15% surcharge to the Liquor premium (Example: $194.00 x 15%= $223.00) ® If the event goes beyond 2:00 ANI an additional day will to be changed for the event and liquor Special Event Policy Term: January I, 2015 to January I, 2016 15 TENANT USER EVENT PREMIUMS January 1, 2015 to January 1, 2016 ATTER MIDNIGHT EVENTS: If the event extends beyond Midnight and enols before 2:00 AM the event is considered one day If an event With Liquor extends beyond Midnight and ends before 2:00 AM (excluding take down clays) you can check the appropriate box on the certificate and add a 15% surcharge to the Liquor premium (Example: $200.00 x 15%=$230.00) a If the event goes beyond 2:00 ASI, ,in additional day will to be charged for the event and liquor ® Increase Limits Table $1,000,000 per occurrence / $3,000,000 general aggregate I $2,000,000 perm $2,000,000 general aggregate 11% of total event premum 19% of total event ]xemiunr Example: Total event premium is $220.93 increase limits requested is $1,000,000 per occurrence and $3,000,000 general aggregate. $220.93 X 1.1 1 =$245.23 Example: Total event premium is $220..93 increase limits requested is $2,000,000 per occurrence and $2,000,000 general aggregate, $220.93 X 1.19 =$262.91 ® Property Damage Amount Deductible Premium $50,000 $500 $50.00 $100,000 $1,000 1 $100.00 Special Event policy Ternr..lanuary 1, 2015 to January 1, 2016 14 TENANT USER EVENT PREMIUMS Januar 1, 2015 to January 1, 2016 EXAMPLES: SAMPLE EVENT PREMIUM CALCULATION ONE DAY EVENT RATING: Weddings with 250 People: Attendance Category: Total Premium: Refer to Hazard Schedule I "Weddings C 101-500 $113.00 Receptions" MULTIPLE DAY EVENT RATING (Events of two or more consecutive clays): 5Day Dog Show with 100 People each day— Attendance Category: Total Premium: Total Attendance 500: 101-500 $207,00 Refer to Hazard Schedule lI "Dog Shows" TWO DAY EVENT WITH LIQUOR: 2 Day Celebration with Liquor with 200 people Attendance Category: Total Premium: each day —Total Attendance 400: 101-500 $207.00 Refer to Hazard Schedule II "Parfics Celebrations With Liquor" I Day set up and 1 day Tear down with 25 eo le each day —New Total Attendance 450 Liquor Premium applies for each day of the Liquor Haz Group lI NEW Total Premium: event and requires approval — Attendance each 151-300 $507.00 clay 200 ($150 x 2 = $300). Liquor Premium: 1-150 $620.00 $300 AFTER MIDNIGHT WITH LIQUOR: If the last day of the actual event, excluding take clown days, goes beyond "Midnight" but ends before 2:OOAM you can check the appropriate box on the certificate and add a 15% surcharge to the Liquor premium (Example: $300.00 x 15%= $345.00) If the event goes beyond 2:00 AM a third day needs to be charged for the event, 2 Day Celebration with Liquor— Extends Attendance Category: Total Premium: beyond 2:00 AM. Event is now days with 150 101-500 $245.00 people each day — Total Attendance 450: Refer to Hazard Schedule Il "Parties I Celetinitions With Liquor" 1 Day set up and I day Tear down with 10 neo ple each da —New Total Attendance 470 Liquor Premium applies for each day of the Liquor Haz Group I I NEW Total Premium: event and requires approval — Attendauceeach 1-150 $620.00 day 150 ($125 x 3 = $375). Liquor Premium: $375 Event Policy Term: January I, 2015 to January 1, 2016 16 Tenant • Special Event Insurance for Activities and Events at City of Diamond :. rrr r r r. I • 1l r The City of Diamond Bar is seeking responses from qualified insurance companies to provide Tenant and Special Event Insurance for activities and events at City of Diamond Bar facilities. Program Description: The City of Diamond Bar conducts 16 special events each year and hosts hundreds of events that are conducted by private parties at City facilities. The attached list provides the types of Special Events conducted by the City and examples of activities conducted by private parties at City facilities. Special Event or Tenant User Insurance is required for each event. All users of the facility must procure and maintain for the duration of their event comprehensive general liability and property damage liability insurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the use of the facility by the user, its agents, representatives or employees in the amount of one million dollars ($1,000,000.00), combined single limit. (If alcohol is served, insurance coverage must include coverage for serving alcohol beverages). SUBMISSION PROCEDURES The proposal must include the following: • Cover letter including name, address and telephone number for the firm, and the name of the contact person. • Fees for the types of activities and special events listed as examples. Bridal Show 4th of July Fireworks Show Craft Faire City Birthday Party with Carnival Rides Summer Concerts/Movies in the Park (seven nights of concerts/movies) Haunted House/Fall Fun festival Carnival (no rides) Winter Snowfest with sledding on man-made hills Arbor Day Veterans Day Easter Egg Hunt Examples of Activities Conducted by third parties at City Facilities Family Picnics Weddings Wedding Receptions with Liquor Quinceaneras with Liquor Dances Film Productions High School Proms Seminars Business Meetings SUBMITTAL DEADLINE — Proposals are due by Friday, June 5, 2015 by 4:00 p.m. Interested firms must submit one (1) copy of the proposal to: Christy Murphey, Recreation Superintendent City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 PIEI•�Mw Selection of the firm will be made on a competitive basis. The review and evaluation of each firm's response to this RFP will include consideration for the following criteria: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Experience of the firm. 3. Fees for the types of activities and special events listed as examples. 4. Reasonableness of the fees. The City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal will be borne by the proposer. City staff will also be seeking Special Event and Tenant User Insurance providers by searching the web to compete with proposals submitted by firms in response to this RFP. All questions concerning this RFP should be directed to Christy Murphey, Recreation Superintendent, at (909) 839-7074 or by e-mail at cmurphey(o)diamondbarca.gov CITY COUNCIL TO VIA: TITLE: Agenda # Meeting Date: June 16, 2015 AGENDA REPORT Honorable Mayor and Members of the City Council James DeStefano, City Mana er Award of contract to AmeriComp Group Imaging, LLC, for Printer Service and Toner in amount not to exceed $90,000, for the period of July 1, 2015 through June 30, 2018. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY15-16 budget for this expenditure. Additional appropriations will be requested annually as part of the normal budget process. DISCUSSION: The City of Diamond Bar currently has forty-five (45) printers at City Hall and an additional three (3) printers at the Diamond Bar Center, two (2) printers at Heritage Park, and one (1) printer at Sycamore Canyon Park for a total of fifty-one (51) printers. In compliance with the City's purchasing ordinance, on Tuesday April 21, 2015 a Request for Proposal package was sent to the following vendors requesting a proposal for an annual service agreement to service the City's copiers. Advanced Office Services AmeriComp Group Imaging, LLC Comlink Lasercare Copy R Office Solutions, LLC South Coast Printer Care Only three firms submitted their proposal by the due date, May 12, 2015 at 4:00pm. The firms include the following: Advanced Office AmeriComp General Data Selection of firms is based on a ranking rubric that takes into consideration many variables and weights them appropriately. Factors that are considered include the following: 1. Total Price (Maximum 45% weight) 2. Compliance with the RFP Submission Procedures and Comprehensiveness of the Response. (If significant items are missing or out of compliance this could be instant disqualification) (Maximum 20% weight) 3. Information Obtained from References (Maximum 25% weight) 4. Prior Experience of the Firm with the City of Diamond Bar (Maximum 10% weight) Findings Advanced Office was disqualified from comparison because the proposal submitted did not meet crucial criteria of the proposal. They indicated that their annual maintenance proposal would not include Maintenance Kits, Drums, and Fuser units. They indicated that these items would be treated as consumables. Coverage of Maintenance Kits, Drums, and Fuser units are the main purpose of obtaining a service agreement. The vast majority of issues that require service would include at least one of those units. 1. Total Price: There are two sets of pricing that were collected from the printer firms. The first set of prices to be compared is the annual printer service agreement. The annual total for service from AmeriComp is $9,249.00 and the annual total from General Data is $14,039.00 The toner cost is slightly harder to compare because General Data indicated that they cannot provide toner for the Cannon MP60 and the prices vary greatly among toner types. We have calculated our estimated usage by toner type and calculated a total. We removed the Cannon MP60 toner from the total of both vendors for purposes of calculating an estimated total. The estimated total toner cost from AmeriComp is $13,855.45 and the estimated cost from General Data is $10,955.25. To calculate the overall cost of each proposal the total cost of the annual service must be added to the total estimated toner cost. The overall price from AmeriComp is $23,104.45. The overall price from General Data is $24,994.25. Thus AmeriComp is offering the lowest overall price for printer service and toner. 2 2. Compliance: The proposal from AmeriComp complies with all of the criteria set forth in the RFP document. The proposal from General Data does not comply with 2 aspects of the criteria set forth in the RFP document. General Data does not offer toner for the Cannon MP60 and they do not explicitly state that they can comply with the 4 hour call to repair requirement in their proposal. References: A reference questionnaire was used to survey 3 references from each firm. The scores from the questionnaire were totaled up and an average total score was calculated. AmeriComp received an average overall score of 10. General Data received an average overall score of 9. 4. Experience with the Firm: AmeriComp has over 15 years of experience with the City of Diamond Bar and General Data has no prior experience with the City of Diamond Bar. The final score on the RFP Vendor Ranking Rubric shows AmeriComp with a total score of 100 and General Data with a total score of 70. Historically the City expends approximately $25,000 - $29,000 per year for Printer Services and Toners. It is anticipated that this trend would continue for the next few years. The City has utilized AmeriComp services for over 15 years and been very satisfied with their performance. Prepared by: Bids Reviewed by: Ken Desfor§6s, Director Inform Systems Dianna Honeywell, Director Finance Attachment: A - AmeriComp Response to Request for Proposal B - Copy of City's Request for Proposal C - Maintenance Services Agreement Attachment 1 (Follows) Presented by: (Kyle W. Jewell For AmenComp ' y Wednesday, May 06, 2015 Ken Desforges City of Diamond Bar 21810 E. Copley Drive Diamond Bar, CA 91765 Dear Ken, City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies M 9 r a is Is x is a . a ra 0 rm On behalf of AmeriComp I want to thank you for the opportunity to bid on the City's laser printer maintenance and supplies. As the current vendor for these services we want you to know how much we value the long standing relationship we have had and hope to continue with the City of Diamond Bar. You are and will continue to be one of our most valued customers. AmeriComp has been in business since 1989 and is proud to be a woman owned and operated business that also has a diverse employment. We have always been customer focused which has kept us strong all these years. Our technicians have a minimum of 4 years experience. As you know from first-hand experience, we have proven ourselves to be timely, efficient, courteous and capable. Our office support staff are quick in response to the City's needs and accurate and timely in billing and processing. Our parts and products have always been and will continue to be of the highest quality. AmeriComp has no problems meeting and exceeding the scope of services, as well as all terms and conditions as set forth in the request for proposal. Each of these is more specifically addressed within this proposal. I and the rest of us at AmeriComp look forward to the opportunity to work with you and serve as an asset to the City's operations. Thank you for your time and consideration. If you have any questions regarding this proposal I can be reached by telephone at 909- 481-1073, FAX at 909-476-2765, or by e-mail at kyle.jewell(a)americompgroup.com. Sincerely, /V vt"� Kyle W. 3? well President AmeriComp Group Imaging, LLC f6 . . R a ® . . ® . RS 19 9 Ya .5 . ®I . . . 1 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies N . x . . n . . a . . . . . . a � � 6 % I. PROJECT MEMBERS a. The project members that will be dedicated to providing services and support to the City of Diamond Bar are as follows: 1. Kyle Jewell ii. Shelly Jewell iii. Olivia Ayon iv. Rolando DeSouza v. Dalton Jewell II. SCOPE OF SERVICES a. If awarded the 2015-2016 Laser Printer Maintenance and Supplies agreement for the City of Diamond Bar, AmeriComp will provide the City: i. Quarterly cleanings for all printers including inspection and service of each device. ii. Four (4) business hour response to all service calls. iii. Diagnosis and all inclusive repair of covered equipment including parts and labor. iv. Service to include 100% Coverage for Maintenance Kits. v. Delivery and installation of supplies. vi. Supplies for all color printers will be Original Equipment Manufacturer (OEM). vii. Supplies for black and white printers will be High Yield re- manufactured (new compatible) toners or OEM. III. PROPOSED FEES FOR SERVICES a. See attachment 'A" IV. APPLICABLE TONERS WITH CORRESPONDING PRICES a. See attachment "B" V. PRINTER ID, INFO & LOCATION a. See attachment "C" VI. LIST OF REFERENCES a. See Following Page VII. CITY CONTRACT REQUIREMENTS a. AmeriComp is able and willing to meet all criteria, requirements, terms and conditions as set forth and stated in the RFP Attachment B, and as listed herein starting on Page 4 of this proposal. 2 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 Alfredo Estevez City of Diamond Bar (909) 839-7083 aestevez(a)diamondbarca.aov Service & Toner Nicholas Austin City of Chino 909-627-7577 naustinCa citvofchino.oro Service & Repairs Lou Ramirez HMC Architects 213-542-8300 cell: 213-369-0993 luis.ramirez(abhmcarouD.com Service & Toner David Bales Callahan & Blaine Law 714-241-4444 dbales(@callahan-law.com Service & Toner Carol Colgrove Lewis Operating Corp. (909)946-7544 ca rol.cola roved) lewisoD. com Service & Repairs City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies 3 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 z City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies G 1 . .. a .. ® . 6 t3 8 5 Pei a @ C= 3 ,8 2 9 . I R MAINTENANCE SERVICES AGREEMENT Should the City of Diamond Bar's Laser Printer Maintenance & Supplies Agreement be awarded to AmeriComp, a California limited liability company, (herein referred to as "Contractor"), the Agreement will begin July 1, 2015 for the fiscal year FY 2015/16, and provides the City with the right to renew for up to two additional one-year terms for a total of three years. 1. Contractors Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Ken Desforges (herein referred to as the "City's Project Manager"), and/or City employees appointed as responsible by the City's Project Manager shall be the person(s) to whom Contractor will report for the performance of services hereunder. It is understood that the Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager. 2. Term of Agreement. This Agreement shall take effect July 1, 2015, and shall continue until unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed $9,249.00 for service and $14,051.00 without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. 4 8780 19th Street #383 Alta Loma, CA 91701 _. (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies C. City will pay Contractor the amount properly invoiced the City within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until sucl- extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 9. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as _ additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorizec to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City.may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor.. I. Contractor shall include all subcontractors, if any, as insureds under its policies 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Extension Options. A. The City shall have the option to extend this Agreement for two one year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial term of this Agreement. B. In the event the City exercises its option to extend the term of this Agreement for more than one additional year, the Contractor's unit prices shall be subject to adjustment at the end of one-year extension and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council if this Agreement was originally approved by the City Council. 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any . € . a ft Iia ® M 0 S N @ ..A. 6 . A 3 � . F . 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C, Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be 10 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 11 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 "CONTRACTOR" AmeriComp Group Imaging, LLC 8780 19th Street #383 Alta Loma, CA 91701 Attn.: Kyle W. Jewell Phone: 909-481-1073 E -Mail: kyle.lewell(a_americompgroup.com City of Diamond Bar 2015-2016 Laser Printer Maintenance & Supplies "CITY° City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Phone: E-mail: 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance, IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" AmeriComp Group Imaging, LLC CITY OF DIAMOND BAR By: By: Printed Name: [insert Person authorized to sign, i.e., Title: City Manager or Mayor] By: ATTEST: Printed Name: Title: City Clerk Approved as to form: By: City Attorney State of California "CONTRACTOR'S" License No. [if applicable] CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time. 12 8780 19th Street #383 Alta Loma, CA 91701 (909) 481-1073 FAX (909) 476-2765 Laser Printer Maintenance & Supplies #PRINTER 2015-2016 ANNUAL MAINTENANCE FOR 51 MACHINES Initial & Conclusion Inspections Quarterly Cleanings, Inspections and Service 4 -business hour response Diagnosis and repair of covered equipment including parts and labor Delivery and Installation of Maintenance Kits as needed Delivery and installation of supplies Yearly Amount: $ 9,249.00 Quarterly Amount of Billing: $ 2,312.25 SUPPLIESICONSUMABLES 12nd year Option _. In -Stock delivery in 4 -hours; Out -of -Stock 1-2 days Year Option Color Supplies to be OEM 6 Monochrome Supplies to be Hi -Yield compatible or OEM 89.00 100% Guarantee No delivery charge 534.00 Total Amount on ESTIMATED USAGE: $ 14,050.45 TOTAL FOR SERVICE & CONSUMABLE: $ 23,299.45 PRINTER MAINTENANCE MODEL QUANTITY ANNUAL $/Unit 12 Month Total 12nd year Option 3rd Year Option Brother IF 2920 6 $ 89.00 $ 534.00 $ 534.00 $ 534.00 Canon Microfiche -2 1 $ 149.00 $ 149.00 $ 149.00 $ 149.00 TP 8 4 0 2 $ 219.00 $ 438.00 $ 438.00 $ 438.00 HP 405OTN 3 $ 159.00 $ 477.00 $ 477.00 $ 477.00 HP 4100 TN 2 $ 159.00 $ 318.00 $ 318.00 $ 318.00 HP 4200 2 $ 189.00 $ 378.00 $ 378.00 $ 378.00 HP 4250 1 $ 189.00 $ 189.00 $ 189.00 $ 189.00 HP P2035 20 $ 169.00 $ 3,380.00 $ 3,380.00 $ 3,380.00 HP P3015 1 $ 149.00 $ 149.00 $ 149.00 _$_149.00 HP 400M401dw 1 $ 179.00 $ 179.00 $ 179.00 $ 179.00 HP P4015 3 $ 229.00 $ 687.00 $ 687.00 $ 687.00 HP Color LJ CP2 1 $ 199.00 $ 199.00 $ 199.00 $ 199.00 HP Color LJ CP4 7 $ 239.00 $ 1,673,00 $ 1,673.00 $ 1,673.00 HP Designjet 800 1 $ 499.00 $ 499.00 $ 499.00 $ 499.00 TOTALS: 51 $ 9,249.00 $ 9,249.00 $ 9,249.00 13 8780 19th Street #383 Alta Loma, CA 91701 909-481-1073 FAX 909-476-2765 Laser Printer Maintenance & Supplies #PRINTER 2015-2016 There are NO SHIPPING CHARGES OR DELIVERY FEES for supplies delivered to any City of Diamond Bar locations, 14 PRINTER CONSUMABLES ®' �•®�Jjjjjjmm�i Brother Intellifax 2920 TN -350 $ 89.00 $ 178.00 DR -350 $ $ 95.00 195.00 $ 95.00 Canon Microfiche MP60 MP -20 $ 195.00 HP Designjet 800PS3 C4841A #10 MAGENTA $ 59.99 $ 59.99 C4842A #10 CYAN $ 59.99 $ 59.99 C4843A#10YELLOW $ 59.99 $ 59.99 C4844A#10 BLACK $ 40.99 $ 40.99 HP DesignJet T1200 C9370A Photo Bk $ 70.99 $ 70.99 C9371 Cyan $ 70.99 $ 70.99 C9372A Magenta $ 70.99 $ 70.99 C9380A Bk/Grey $ 70.99 $ 70.99 C9383A Printhead C/M $ 70.99 $ 70.99 C9384A Printhead BN $ 70.99 $ 70.99 C9400A Yellow $ 51.99 $ 51.99 C9401A Grey $ 51.99 $ 51.99 C9403A Matte Black $ 73.99 $ 73.99 HP 2840 Q3960A Black $ 90.99 $ 181.98 Q3961ACyan Hi -Cap $ 109.99 $ 109.99 Q3962A Yellow Hi -Cap $ 109.99 $ 109.99 Q3963A Magenta Hi -Cap $ 109.99 $ 109.99 Q3964A $ 178.99 $ 178.99 HP 405OTN C4127X Hi -Yield $ 68.00 $ 204.00 HP 4100 TN C8061X Hi -Yield $ 78.00 $ 234.00 HP 4200 Q1338A. $ 105.00 $ 105.00 HP 4250 Q5942X Hi -Yield $ 109.00 $ 327.00 HP CP2025X COLOR CC530A BLACK $ 119.99 $ 239.98 CC531ACYAN $ 122.99 $ 122.99 CC532A MAGENTA $ 122.99 $ 122.99 CC533A YELLOW $ 122.99 $ 122.99 HP CP4025X COLOR CE260A BLACK $ 150.99 $ 1,509.90 CE261ACYAN $ 289.99 $ 2,029.93 CE263A MAGENTA $ 289.99 $ 2,029.93 CE262A YELLOW $ 289.99 $ 2,029.93 HP P2035 CE505A $ 89.00 $ 2,136.00 HP P3015 CE255A $ 99.00 $ 297.00 HP 400M401dw CF280A $ 79.00 $ 79.00 HP P4015 CC364A $ 119.00 $ 476.00 TOTALS: -r 14,050.45 8780 19th Street#383 Alta Loma, CA 91701 909-481-1073 FAX 909-476-2765 Laser Printer Maintenance & Supplies #PRINTER 2015.2016 Asset ID & Printer Information M 8780 19th Street #383 Alta Loma, CA 91701 909-481-1073 FAX 909-476-2765 0 ® ®®- ® 0 Brother IntelliFax 2920 1 U61326 FAX City Manager 8239 A6J705225 2 U61326 FAX Human Resources 8241 B6J722995 3 U61326 FAX Copy Room 8243 B6J917995 4 U61326 FAX Bldg & Safety 7939 5 U61326 FAX Community Services 000G1N908723 6 U61326 FAX Heritage Park Canon Microfiche Printer 1 M31_044 Microfiche Front Counter 1 32100683 HP Color LaserJet 2840 AIO 1 Q3950A 192.168.1.233 DBC Office 8231 CNHC72M040 2 Q3950A Sycamore Park MXBC54M021 HP LaserJet 4050 1 C4254A 192.168.1.232 Front Desk 7937 USQC050149 2 C4254A Dir Connect Server Room 7619 USQC062461 3 C4254A 192.168.1.154 Community DevelopmE 8237 USQF068610 HP LaserJet 4100 1 C8051A 192.168.1.161 Sheriff EOC 7931 JPGLGD21248 2 C8051A 192.168.1.155 Com Services 8238 USBNH06828 HP LaserJet 4200 & 4250 1 Q2427A 192.168.1.164 DBC Office 7904 USGNM19238 2 Q2427A Spare 7940 USGNM19240 3 Q5403A 192.168.1.150 City Manager 8240 CNBXB26743 HP LaserJet P2035 1 CE462A 2C768A04BB4B Ryan McLean- CM 8520 CNB9R86269 2 CE462A 2C768A046A2F Anthony Jordan -CS 8521 CNB9R86268 3 CE462A 2C768A04BB78 Bob Rose - Com Ser 8522 CN89R86272 4 CE462A 2C768A04BB55 Diana Honeywell -Fin 8523 CNB9R86271 5 CE462A 2C768A048660 Susan Full - Fin 8524 CNB9R86266 6 CE462A 2C768A048B77 Grace Lee - CD 8525 CNB9R86264 7 CE462A 2C768A04BB7D Isaac Aziz -IS 8526 CNB9R86270 8 CE462A 2C768A04AAAD David Liu - PW 8527 CNB9R86279 9 CE462A 2C768A04BB58 Caroline Tonthat 8528 CNB9R86265 10 CE462A 2C768A04BB67 Jorge Garcia -PW 8529 CNB9R86273 11 CE462A 2C768A04EA51 Greg Gubman - CD 8530 CNB91386267 12 CE462A Raymond Tao-B&S VNB3D86877 13 CE462A Anthony Tachias (Sherrift) VNB3D86870 14 CE462A Rick Yee (Public works) VNB3D86878 15 CE462A Amy Haug (HR) VNB3D86860 16 CE462A Ken Desforges VNB3D98790 17 CE462A DBC Christy Murphy VNB3246006 18 CE462A 2C768A049A94 David Doyle -ACM 8531 CNB9R86262 19 CE462A Dir Connect D Bar Center Pine VNB3272504 20 CE462A Heritage Park 8081 TBD HP P3015 1 CE528A 192.168.1.163 DBC Front VNB3Y81329 HP LaserJet 400 M401 1 CZ195A 80C16E902AE7 Emergency Operations Center VNB3D00999 HP LaserJet P4015 1 CB509A 192.168.1.68 Finance 8518 CNDY898801 2 CB509A 192.168.1.227 Public Information 8519 JPDF305078 3 CB510A 192.168.10.40 Willow Room JPDF302467 HP Color LaserJet CP2025X 1 C6496A 2C41388325C5 James DeStefano-CM 8515 CNGS710031 HP Calor LaserJet CP4026DN CC490A 192.168.1.249 Business License 8511 JPDCG5FOX6 2 CC490A 192.168.1.153 City Manager 8512 JPDCGSFOVY 3CC490A Dir Connect Marsha Roa 8514 JPDCGSFOWW 4 CC490A 192.168.1.165 Finance 8513 JPDCG5FOW5 5 CC490A 192.168.1.226 Public Works 8516 JPDCGSFOXQ 6 CC490A 192.168.1.158 Public Information Dep 8464 JPDCG5FOY2 7 CC490A 192.168.10.41 Willow Room JPDCGSFOYD HP DesignJet 800PS 1 C7780C 192.168.1.160 MIS Area 8244 SG15G2107K M 8780 19th Street #383 Alta Loma, CA 91701 909-481-1073 FAX 909-476-2765 9=111 �r Ir 1 ,Follows',", REQUEST FOR PROPOSAL Laser Printer Maintenance & Supplies The City of Diamond Bar is seeking responses from qualified firms to provide Maintenance and Supplies to all city printers. GENERALBACKGROUND The City of Diamond Bar ("City") currently has forty-five (45) printers at City Hall and an additional three (3) printers at the Diamond Bar Center, two (2) printers at Heritage Park, and one (1) printer at Sycamore Canyon Park for a grand total of fifty-one (51) printers. By this request for proposal ("RFP") the City is seeking a maintenance and supplies contractor for all printers owned by the city. The new maintenance and supplies contract will need to be implemented by July 1, 2015 at the beginning of the next fiscal year (FY 2015/16). This will be a one-year contract that provides the City with the right to renew for up to two additional one- year terms for a total of three years. Price proposals should reflect the proposed pricing for the second and third years. SCOPE OF SERVICES • Quarterly Cleanings for all printers including inspection and service of each device. • Four (4) business hour response to all service calls. • Diagnosis and all inclusive repair of covered equipment including parts and labor. • Service to include 100% Coverage for Maintenance Kits. • Delivery and installation of supplies. • Supplies for all color printers must be Original Equipment Manufacturer (OEM). • Supplies for black & white printers can be High Yield re -manufactured toners or OEM. ` Page 1 City of Diamond Bar Request For Proposal ITEMIZATION OF PRINTERS AND SUPPLIES ® An itemized list of all printers and printer supplies has been included as attachment A to the RFP. SUBMISSION PROCEDURES The proposal must include the following: Dover letter including firm name, address and telephone number, background information and the name of the contact person. 1. Name(s) of the project member(s) that will be providing the services. 2. Scope of services. 3. Proposed fees for services. 4. List of applicable toners with corresponding prices. 5. A list of at least 5 references for similar work; including contact person, his or her phone number and e-mail address. SUBMITTAL DEADLINE Interested firms must submit a copy of the proposal via mail or email to: Mail: Ken Desforges, Information Systems Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Email: KDesforges(ab_DiamondBarCA.gov ` Note: Optional site visit on April 27, 2015; for those interested in a site visit and walk through, please contact Alfredo Estevez. AEstevez(a)DiamondBarCA.gov. The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL." The proposal shall be delivered to the addressee on or before 4:00 P.M. on Tuesday May 12, 2015. Page 2 City of Diamond Bar Request For Proposal SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will consider the following: 1. Responsiveness and comprehensiveness of the response to this (RFP). 2. Experience of the firm. Proposer must have three (3) years' experience, within the last five (5) years, providing printer maintenance and related services and supplies equivalent or similar to the services being requested by this RFP. 3. Related experience and qualifications of technicians. 4. Information obtained from references. 5. Reasonableness of the proposed fee. 6. Ability to meet City contract requirements a form of which is attached hereto as Attachment B. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. INSURANCE REQUIREMENTS The City requires consultants doing business with it to obtain insurance, and proof of insurance must be provided within 30 days of notice of selection and prior to the commencement of any work on the project. The indemnity and insurance requirements are as follows. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the sole negligence or wrongful acts or omissions of City. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect the following insurance (1) a policy or policies of broad -form comprehensive general liability Page 3 City of Diamond Bar Request For Proposal insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City: (1) insurance certificates evidencing the required insurance and (2) insurance policy endorsements executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or on a substantially similar form which the City approves in writing or a copy of the policy evidencing that the City, its officers, agents, volunteers, employees, and attorneys are additional insureds. LEGAL REQUIREMENTS The selected proposer must comply with all Federal, State and Local laws and regulations including obtaining a City Business License. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the service contract prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this RFP, or otherwise. Page 4 City of Diamond Bar Request For Proposal All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. QUESTIONS All questions concerning this RFP should be directed to Ken Desforges, Information Systems Director at 909.839.7080 or by email (KDesforges@DiamondBarCA.gov). Page 5 City of Diamond Bar _ Request For Proposal XammkiffonLIME Printer IModef# Printer Type Location Brother IntelliFax 2920 1 U61326 FAX City Manager (City Hall) 2 U61326 FAX Human Resources (City Hall) 3 U61326 FAX Copy Room (City Hall) 4 U61326 FAX Building & Safety (City Hall) 5 U61326 FAX Community Services (City Hall) 6 U61326 FAX Heritage Park Canon Microfiche Printer 1 M31044 Microfiche Front Counter (City Hall) HP Color LaserJet 2840 AID 1 Q3950A Laser Printer Diamond Bar Center Office 2 Q3950A Laser Printer Sycamore Canyon Park HP LaserJet 4050 1 C4254A Laser Printer Front Desk (City Hall) 2 C4254A Laser Printer Server Room (City Hall) 3 C4254A Laser Printer Community Development (City Hall) HP LaserJet 4100 1 C8051A Laser Printer Finance (City Hall) 2 C8051A Laser Printer Community Services (City Hall) HP LaserJet 4200 & 4250 1 Q2427A Laser Printer DBC Office 2 Q2427A Laser Printer Building & Safety (City Hall) 3 Q5403A Laser Printer City Manager HP LaserJet P2035 1 CE462A Laser Printer City Manager (City Hall) 2 CE462A Laser Printer - Community Services (City Hall) 3 CE462A Laser Printer Community Services (City Hall) 4 CE462A Laser Printer Finance (City Hall) 5 CE462A Laser Printer Finance (City Hall) 6 CE462A Laser Printer Community Development (City Hall) 7 CE462A Laser Printer Information Systems (City Hall) 8 CE462A Laser Printer Public Works (City Hall) 9 CE462A Laser Printer Human Resources (City Hall) 10 CE462A Laser Printer Human Resources (City Hall) 11 CE462A Laser Printer Community Development (City Hall) 12 CE462A Laser Printer Building & Safety (City Hall) 13 CE462A Laser Printer Sherriff (Chity Hall) 14 CE462A Laser Printer Public Works (City Hall) 15 CE462A Laser Printer Human Resources (City Hall) 16 CE462A Laser Printer Information Systems (City Hall) 17 CE462A Laser Printer Diamond Bar Center Office 18 CE462A Laser Printer City Manager (City Hall) 19 CE462A Laser Printer Diamond Bar Center Pine Room 20 CE462A Laser Printer Heritage Park HP P3015 1 CE528A Laser Printer DBC Front HP LaserJet 400 M401 1 CZ195A Laser Printer Emergency Operations Center (City Hall) HP LaserJet P4015 1 CB509A Laser Printer Sheriff EOC 2 CB509A Laser Printer Public Information 3 CB510A Laser Printer Willow Room HP Color LaserJet CP2025X 1 CB496A Color Laser Printer City Manager (City Hall) HP Color LaserJet CP4025DN 1 CC490A Color Laser Printer Front Coutner (City Hall) 2 CC490A Color Laser Printer City Manager (City Hall) 3 CC490A Color Laser Printer Public Informaiton (City Hall) 4 CC490A Color Laser Printer Finance (City Hail) 5 CC490A Color Laser Printer Public Works (City Hall) 6 CC490A Color Laser Printer Public Information Department (City Hall) 7 CC490A Color Laser Printer Willow Room (City hall) HP DesignJet 800PS 1 C7780C Ink Plotter ICopy Room (City Hall) = Brother Intellifax 2920 TN -350 DR -350 Drum Canon Microfiche MP60 MP -20 HP Designjet 800PS3 C4841A#10 MAGENTA C4842A #10 CYAN C4843A #10 YELLOW C4844A #10 BLACK HP DesignJet T1200 C3970A Photo Bk C3971A Cyan C3972A Magenta C3980A Bk/Grey C3983A Printhead C/M C3984A Printhead BN C9400A Yellow C9401A Grey C9403A Matte Black HP 2840 Q3960A OEM Drum Q3961A OEM Q3962A OEM Q3963A OEM 03964A OEM HP 4050TN C4127X Hi -Yield HP 4100 TN C8061X Hi -Yield HP 4200 Q1338A HP 4250 - Q5942X Hi -Yield HP CP2025X COLOR CC530A BLACK CC531ACYAN CC532A MAGENTA CC533A YELLOW HP CP4025X COLOR jCE260A BLACK CE261 A CYAN CE263A MAGENTA CE262A YELLOW HP P2035 CE505A HP P3015 CE255A HP 400M401dw CF280A HP P4015 CC364A "MMM"MEW-1 Attachment B Draft THIS AGREEMENT (the "Agreement") is made as of 20XX by and between the City of Diamond Bar, a municipal corporation ("City") and , a [Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general partnership; a California limited liability company; a sole proprietor; etc.] ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. [Insert Name and Position] (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect , 20XX, and shall continue until unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed [Spell out dollar amount) ($ ) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. 952078.1 D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 952078.1 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and 952078.1 (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. , F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for 952078.1 review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services 952078.1 reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Extension Options. [Revise per Proposal] A. The City shall have the option to extend this Agreement for no more than one year, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial term of this Agreement. B. In the event the City exercises its option to extend the term of this Agreement for more than one additional year, the Contractor's unit prices shall be subject to adjustment at the end of one-year extension and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council if this Agreement was originally approved by the City Council. 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 952078.1 The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement. by the Department of Industrial Relations. 18. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of 952078.1 any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Attn.: Phone: Phone: E -Mail: E-mail: 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof 952078.1 waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" [Insert Full Name of Contractor] CITY OF DIAMOND BAR By:_ Printed Title: By: Printed Name: Approved as to form: M City Attorney By: [Insert Person authorized to sign, i.e., City Manager or Mayor] ATTEST: City Clerk State of California "CONTRACTOR'S" License No. . [If applicable] CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time. 952078.1 *NOTE: If Contractor is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 952078.1 Advanced Office Services Christine Holley cholley@imagingplus.com 1430-K Village Way Santa Ana, Ca 92705 949.341.3352 http://imagingplus.com AmeriComp Kyle W. Jewell kyle.jewell@americompgroup.com 8780 19th Street #383 Alta Loma, CA 91701 909-481-1073 www.americompgroup.com Comlink Lasercare Derek Emblin Demblin@comlinklasercare.com 5674 EI Camino Real, Ste B Carlsbad, CA 92008 (760)804-1440 www.comlinklasercare.com Copy R Office Solutions, LLC Rob Ravitz rob@copyr.com 2413 W. Empire Ave Burbank, CA 91504 (818) 841-1330 www.copyr.com South Coast Printer Care Shamus Steele ssteele@general-data.com 23011 Moulton Parkway, H-3 Laguna Hills CA, 92653 (800)861-6680 (949) 916-6030 www.seprintercare.com (Follows) IJar_1iIII=I0rA i'l Is] am*Ia:171Is] =9y_WN21=I1u=IZ111 THIS AGREEMENT (the "Agreement") is made as of July 1, 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and AmeriComp Group Imaging, LLC., a California limited liability company ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kenneth Desforges, Director of Information Systems (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2015, and shall continue until June 30, 2018 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with fee for services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed Ninety Thousand Dollars ($90,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. (Any differences between the Proposal — Exhibit A and this Maintenance Services Agreement, shall be governed by this document and shall supersede vendors' proposed terms.) 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. (Any differences between the Proposal — Exhibit A and this Maintenance Services Agreement, shall be governed by this document and shall supersede vendors' proposed terms.) D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. 952078.1 E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; 952078.1 (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and 952078.1 any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon 952078.1 the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. RESERVED 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 952078.1 B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof 952078.1 shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" AmeriComp Group Imaging LLC 8780 19th Street #383 Alta Loma, CA 91701 Attn.: Kyle W. Jewell Phone: 909-481-1073 E -Mail: kyle.jewell@americompgroup.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: City Clerk Phone: 909-839-7080 E-mail: CityClerk@Diamond BarCA. Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" AmeriComp Group Imaging, LLC. By: Printed Name: Title: 952078.1 ,,City" CITY OF DIAMOND BAR By: Steve Tye, Mayor By: ATTEST: Printed Name: Title: Approved as to form: 0 City Attorney City Clerk State of California "CONTRACTOR'S" License No. . [if applicable] CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time. 952078.1 CITY COUNCIL Agenda # 6.6 Meeting Date: June 16, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g r TITLE: Award of contract to Ameritech Business Systems, Inc., for Copier Service in amount not to exceed $50,000, for the period of July 1, 2015 through June 30, 2018. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY15-16 budget for this expenditure. Additional appropriations will be requested annually as part of the normal budget process. DISCUSSION: The City of Diamond Bar currently has six (6) copiers at City Hall and an additional one (1) copier at the Diamond Bar Center, for a grand total of seven (7) copiers. The intent of the city is to acquire a maintenance and supplies contract for all copiers owned by the city. In compliance with the City's purchasing ordinance, on Tuesday April 21, 2015 a Request for Proposal package was sent to the following vendors requesting a proposal for an annual service agreement to service the City's copiers. Ameritech Business Systems, Inc. Advanced Office Caltechcopier Cell Office Solutions Copy R Office Solutions, LLC Comlink Lasercare IKON Officia Imaging Only two companies submitted their proposal by the due date, May 12, 2015 at 3:OOpm. The companies include the following: Ameritech Business Systems, Inc. Advanced Office Selection of firms is based on a ranking rubric that takes into consideration many variables and weights them appropriately. Factors that are considered include the following: 1. Total Price (Maximum 45% weight) 2. Compliance with the RFP Submission Procedures and Comprehensiveness of the Response. (If significant items are missing or out of compliance this could be instant disqualification) (Maximum 20% weight) 3. Information Obtained from References (Maximum 25% weight) 4. Prior Experience of the Firm with the City of Diamond Bar (Maximum 10% weight) Findings 1. Total Price: The pricing for the Copier service agreement is based on per copy charges that may differ by machine and by copy type. (i.e. black and white or color) To compare how the proposed cost per copy rates translate into actual expenses we used historical data and estimated the future annual usage of each copier to calculate the estimated annual cost by machine. Then the total cost of each machine was added together to generate the total estimated annual cost from each firm. The totals were close, Ameritech has a total estimated annual cost of $15,314.00 and Advanced Office was $15,420.00. 2. Compliance: The proposal from Ameritech complies with all of the criteria set forth in the RFP document. The proposal from Advanced Office does not comply with one small aspect of the criteria set forth in the RFP document. Advanced Office does not agree to the requirement for installation of toner by their technicians. 3. References: A reference questionnaire was used to survey 3 references from each firm. The scores from the questionnaire were totaled up and average total score was calculated. Both firms received overall scores that rank them in the exemplary level. Ameritech received an average overall score of 9.92. Advanced Office received an average overall score of 9.67. 2 4. Experience with the Firm: Ameritech has close to 8 years of experience with the City of Diamond Bar and Advanced Office has no prior experience with the Citv of Diamond Bar. The final score on the RFP Vendor Ranking Rubric shows Ameritech with a total score of 100 and Advanced Office with a total score of 80. Historically the City expends approximately $13,000 - $16,000 per year on for Printer Service and Toners. It is anticipated that this trend would continue for the next few years. The City has utilized Ameritech services for over 8 years and been very satisfied with their performance. Prepared by: Bids Reviewed by: tems Dianna Honeywell, Director Finance Attachment: A - Ameritech Response to Request for Proposal B - Copy of City's Request for Proposal C - Maintenance Services Agreement Attachment A (Follows) ERITEC May 11, 2015 Mr. Ken Deforges, Information Systems Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA. 91765 Re: RFP Copier Maintenance & Supplies Dear Ken, We appreciate the opportunity to submit our proposal for the RFP. As you know, Ameritech Business Systems has been servicing the City of Diamond Bar for over eight years, with my involvement including another two years prior to Ameritech. We truly appreciate your business and we hope that we can continue to be your vendor. Project Members: Jerry Ruppert; CEO and owner of Ameritech Business Systems Inc. Personal Industry experience: 35 years all in Southern California. The City of Diamond Bar is my personal account and I oversee all sales and support. Primary Technicians: Jaime Rosas; Senior Technician, Full Line Ricoh trained with 20+ years Industry experience. Dan Jameson; Senior Technician; Full Line Ricoh trained with 20+ years Industry experience. IT Support: Alfonso Gonzales; Manager IT Services; 12+ years Industry experience. 1. GENERAL SCOPE OF COVERAGE: Ameritech (ABS) will provide a four hour service response time for all service calls. The technician will call ahead to determine if assistance can be provided over the phone and to give an ETA if necessary. Agreement covers both the labor and the material for adjustments, repair and replacements of parts as required by normal use of the equipment. This Agreement does not cover charges for installation of equipment or de -installation of equipment if it is moved. Damage to the equipment or its parts arising out of or caused by misuse, abuse, negligence, attachment of unauthorized components, accessories or parts, use of substandard supplies or other causes beyond the control of ABS are not covered by this Agreement and may subject Customer to a surcharge. This Agreement does not cover charges for repairs due to Customer or third party modifications to software or hardware. 2. SERVICE CALLS: Service calls under this Agreement will be made during normal business hours at the installation address. Travel and labor time for service calls after normal business hours, on weekends and on holidays, if and when available, will be charged at the published overtime rates in effect at the time the service call is made service performed on ABS. Labor performed during a service call includes lubrication and cleaning of the equipment and the adjustment, repair or replacement of parts described below, 3. REPAIR AND REPLACEMENT OF PARTS: All parts necessary to the operation of the equipment, due to normal wear and tear will be furnished free of charge during a service call included in the maintenance service provided by this Agreement. 4. SUPPLY/TONER REPLACEMENT: All toner necessary to the operation of the equipment will be provided as part of this agreement. All toner will be Ricoh OEM. Ordering can be accomplished by calling the 800 number or sending an email to supplies@ameritechbiz.com. Supplies will be sent via UPS overnight or personally delivered by Ameritech personnel. Customer is advised to order enough tonerto have one set on hand for each machines at all times. Ameritech also encourages the use of the @remote program where the system monitors the toner levels in each machine and allows for the proactive shipment of toner when a replacement toner is installed or any particular level falls below 20%. References: City of Diamond Bar: Current Vendor for 8+ years and personal involvement for an additional two years. SchoolsFirst Credit Union: Current Vendor for 8+ years and personal involvement for an additional four years. Currently has an installed population of 75 machines. Including a variety of systems 30 to 70 ppm B/W systems and 45ppm color systems in 42 locations in Southern California. Contact: Mike Bruno, Buyer II 714-258-4000 X8555 mbruno@schoolsfirstfcu.org Howards Appliances: Current Vendor for 8+ years and personal involvement for an additional two years. Howard's has an installed population of 17 B/W systems installed at all of their 15 retail outlets and corporate office in Southern California. Contact: Stacy Leiker, Vice President of Operations Howard's TV and Appliance 1901 E. Imperial Hwy I La Habra, CA 906311 d: 714-871-2700 x2229 I f: 714- 871-2719 1 www.howards.com • Ir JTB USA Inc: Current Vendor for 8+ Years. JTB has five color systems installed 55-60ppm and recently has ordered two new MP C6003 (60 ppm color systems). Contact: Chiyoko Osborn JTB Americas, Ltd./ General affairs Admin, Legal Affairs, & Risk Mgmt 19700 Mariner Ave. Torrance, CA 90503 Direct: 310.303.3751 Fox 310.303.3870 cosborn@itbamericas. cam Springboard: Current Vendor for 8 years. Currently 16, 55-70ppm B/W machines and color systems installed between their two locations in Riverside. Contact: Cyndi Williams Director of Office Administration Springboard Nonprofit Consumer Credit Management, Inc. 800.449.9392 ext 7729 1 fax: 951.328.77161 Cyndi.williams@sprinxboard.org Proposed Pricing fixed for 3 years: Below is the current population and total Images run last month. The proposed CPC is essentially the same except I will lower the MIP C6501 color to .07 instead of .08. When the 05560 is replaced with the MIP C5503, I will lower that color CPC to .07 also. Submitted by: JERRY RUPPERTI PRESIDENT / 1456 E. VALENCIA ®RIVE, FULLERTON, CA. 92831 Office: 800-760-8545 l Mobile: 949-233-66511 Fax: 949-261-6486 AMERITECH www.Ameritechbiz.com Total ID# Model Number Start Meter End Meter Images CPC 12433 7502 19725 25760 6035 0.007 10314 5560 - B&W 768813 769683 870 0.008 Color 508415 511682 3267 0.08 10312 2075 3144654 3149709 5055 0.008 10972 816MF 76548 77261 713 0.008 11830 MP 5000 385502 392714 7212 0.008 11939 C6501 B&W 542607 553060 10453 0.008 Color 191253 209547 18294 0.07 11953 SP5200S 36782 39277 2495 0.01 54394 Submitted by: JERRY RUPPERTI PRESIDENT / 1456 E. VALENCIA ®RIVE, FULLERTON, CA. 92831 Office: 800-760-8545 l Mobile: 949-233-66511 Fax: 949-261-6486 AMERITECH www.Ameritechbiz.com (Follows) •.. ..� -V A The City of Diamond Bar is seeking responses from qualified firms to provide Maintenance and Supplies to all city Copiers. oflamnin The City of Diamond Bar ("City") currently has six (6) copiers at City Hall and an additional one (1) copier at the Diamond Bar Center, for a grand total of seven (7) copiers. By this request for proposal ('RFP") the City is seeking a maintenance and supplies contractor for all copiers owned by the City. The new maintenance and supplies contract will need to be implemented by July 1, 2015 at the beginning of the next fiscal year (FY 2015/16). This will be a one-year contract that provides the City with the right to renew for up to two additional one- year terms for a total of three years. Price proposals should reflect the proposed pricing for the second and third years. SCOPE OF SERVICES ® Four (4) business hour response to all service calls. ® Diagnosis and all inclusive repair of covered equipment including parts and labor. ® Service to include 100% Coverage for toners and Maintenance Kits. ® Delivery and installation of supplies. ® Supplies for all copiers must be Original Equipment Manufacturer (OEM). ® One additional initial set of toners for each copier to be provided so that replacement toner is always on site. ® An itemized list of all copiers has been included as attachment A to the RFP. Page 1 City of Diamond Bar Request For Proposal inRl 51R i The proposal must include the following: Cover letter including firm name, address and telephone number, background information and the name of the contact person. 1. Name(s) of the project member(s) that will be providing the services. 2. Scope of services. 3. Proposed fees for services. 4. A list of at least 5 references for similar work; including contact person, his or her phone number and email address. Interested firms must submit a copy of the proposal via mail or email to: Mail: Ken Desforges, Information Systems Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Email: KDesfomes6a Diamond BarCA.00v Note: Optional site visit on April 28, 2015; for those interested in a site visit and walk through, please contact Alfredo Estevez. AEstevez ..DiamondBarCA.gou. The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL." The proposal shall be delivered to the addressee on or before 3:00 P.M. on Tuesday May 12, 2015. Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will consider the following: 1. Responsiveness and comprehensiveness of the response to this RFP. Page 2 City of Diamond Bar Request For Proposal Experience of the firm. Proposer must have three (3) years' experience, within the last five (5) years, providing copier maintenance and related services and supplies equivalent or similar to the services being requested by this RFP. 3. Related experience and qualifications of technicians. 4. information obtained from references. 5. Reasonableness of the proposed fee. 6. Ability to meet City contract requirements a form of which is attached hereto as Attachment B. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. INSURANCE/INDEMNITY REQUIREMENTS The City requires consultants doing business with it to obtain insurance, and proof of insurance must be provided within 30 days of notice of selection and prior to the commencement of any work on the project. The indemnity and insurance requirements are as follows. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the sole negligence or wrongful acts or omissions of City. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect the following insurance (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional Page 3 City of Diamond Bar Request For Proposal insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City: (1) insurance certificates evidencing the required insurance and (2) insurance policy endorsements executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or on a substantially similar form which the City approves in writing or a copy of the policy evidencing that the City, its officers, agents, volunteers, employees, and attorneys are additional insureds. The selected proposer must comply with all Federal, State and Local laws and regulations including obtaining a City Business License. The City reserves the right to reduce or revise elements of the service contract prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP, or otheMIse. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost or obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. Page 4 City of Diamond Bar Request For Proposal QUESTiONS All questions concerning this RFP should be directed to Ken Desforges, Information Systems Director at 909.839.7080 or by email (KDesforges@Diamond BarCA.gov). Page 5 City of Diamond Bar Request For Proposal rIGNTOM1 ee — Copier Ricoh 2075 Copier Additional Parts Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet) Type Black &White Location 1 City Hall Ricoh MP5000 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet) Black & White DBC Ricoh 5560 Color Copier Large Capacity Tray & Finisher (3Hole punch & Stapler, Booklet) Color City Hall Ricoh MP C6501 Color Copier Large Capacity Tray & Finisher (31iole punch & Stapler, Booklet) Color City Hall Savin 816 Desktop Copier Extra paper Tray Black & White City Hall Ricoh SP5200S Desktop Copier Extra paper Tray Black & White City Hall Ricoh MP7502 Large Capacity Tray & Finisher (3Hole punch &Stapler, Booklet) Black &White Clty H211 EWVI�IU MM THIS AGREEMENT (the "Agreement") is made as of , 20XX by and between the City of Diamond Bar, a municipal corporation ("City") and a [Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general partnership; a California limited liability company; a sole proprietor; etc.] ("Contractor"). Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. [Insert Name and Position] (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Terra of Agreement. This Agreement shall take effect I20XX, and shall continue until unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed [Spell out dollar amount] ($ ) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. n�§OOFUTTTOI "-t A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. 952078.1 D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. in the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. Amcm . Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 952078.1 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. i A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and 952078.1 (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for 952078.1 review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services 952078.1 reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. A. The City shall have the option to extend this Agreement for no more than one year, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial term of this Agreement. B. In the event the City exercises its option to extend the term of this Agreement for more than one additional year, the Contractor's unit prices shall be subject to adjustment at the end of one-year extension and annually thereafter ("the adjustment date') as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council if this Agreement was originally approved by the City Council. 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 952078.1 The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of 952078.1 any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25. [Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Attn.: Phone: Phone: E -Mail: E-mail: 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof 952078.1 waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" [Insert Fall Nance of Contractor] CITY OF DIAMOND BAR By: Printed N Title: By: Printed Name: Approved as to form: M City Attorney City Manager or Mayor] ATTEST: City Clerk State of California "CONTRACTOR'S" License No. . [if applicable] CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time. 952078.1 `NOTE. if Contractor is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, tho Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 952078.1 9:+ 0 . " �, :Y Ameritech Business Systems, Inc. Jerry Ruppert jruppert@ameritechbiz.com 1456 E. Valencia Drive, Fullerton, CA. 92831 Office 800.760.8545 x 226 Mobile 949.812.9174 www.Ameritechbiz.com Advanced Office Services Christine Holley cholley@imagingplus.com 1430-K Village Way Santa Ana, Ca 92705 949.341.3352 http://imagingplus.com Caltechcopier Kathy Clifford service@caltechcopier.com 970 W 190th St Ste 780 Torrance, CA 90502 800-834-0092 caltechcopier.com Cell Office Solutions Roy Bernades rbernades@kopiers.com 13200 Crossroads Pkwy. N., Suite 400 City of Industry, CA 91746 Phone: 562-695-7775 www.cbeofficesolutions.com Copy R Office Solutions, LLC Rob Ravitz rob@copyr.com 2413 W. Empire Ave Burbank, CA 91504 (818) 841-1330 www.copyr.com ComiInk Lasercare Derek Emblin Demblin@comlinklasercare.com 5674 EI Camino Real, Ste S Carlsbad, CA 92008 (760) 804-1440 www.comlinklasercare.com IKON Rochelle Asbell rasbell@ikon.com Southern and Northern California 7565 Mission Valley Road, Suite 100 San Diego, CA 92108 Phone (619) 725-8339 Fax (619) 220-6069 Officia Imaging Cesar T. Rosas crosas@officia.com 725 Town and County Road, Centrum South, Orange, CA 92868 Office 714.975.5879 Direct 562.556.7809 OM, (Follows) THIS AGREEMENT (the "Agreement") is made as of July 1, 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and Ameritech Business Systems, Inc., a California corporation ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kenneth Desforges, Director of Information Systems (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2015, and shall continue until June 30, 2018 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with fee for services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed Fifty Thousand Dollars ($50,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. (Any differences between the Proposal — Exhibit A and this Maintenance Services Agreement, shall be governed by this document and shall supersede vendors' proposed terms.) 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. (Any differences between the Proposal — Exhibit A and this Maintenance Services Agreement, shall be governed by this document and shall supersede vendors' proposed terms.) D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any 952078.1 reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; 952078.1 (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. 952078.1 I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of 952078.1 termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. RESERVED 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all 952078.1 qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically 952078.1 understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" Ameritech Business Systems, Inc. 1456 E. Valencia Drive Fullerton, CA. 92831 Attn.: Jerry Ruppert Phone: 800.760.8545 x 226 E -Mail: jruppert@ameritechbiz.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: City Clerk Phone: 909-839-7080 E-mail: CityClerk@Diamond BarCA. Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" Ameritech Business Systems, Inc. By: Printed Name: Title: By: 952078.1 "City" CITY OF DIAMOND BAR Bv: Steve Tye, Mayor ATTEST: Printed Name: Title: Approved as to form: M City Attorney City Clerk State of California "CONTRACTOR'S" License No. . [1f applicable] CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time. 952078.1 *NOTE: If Contractor is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 952078.7 *NOTE: If Contractor is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 9520781 CITY COUNCIL Agenda # Meeting Date: 6.7 June 16, /2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r' TITLE: Award of Consulting Services Agree ent to The Comdyn Group, Inc., for as -needed information technology services in an amount not to exceed $250,000, for the period of July 1, 2015 through June 30, 2020. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY15-16 budget for that years expected expenditures. Additional appropriations will be requested annually as part of the normal budget process. DISCUSSION: In compliance with the City's purchasing ordinance, on Tuesday April 21, 2015 a Request for Proposal package was sent to the following vendors requesting a proposal for Professional Contract Service Personnel services for a Network Security Engineer and a GIS Specialist. Aerotek Comdyn Group Kforce Robert Half Technology Nelson Technology Only two companies submitted their proposal by the due date, May 12, 2015 at 11:00am. The companies include the following: Comdyn Group Nelson Technology Selection of firms is based on a ranking rubric that takes into consideration many variables and weights them appropriately. Factors that are considered include the following: 1. Total Price (Maximum 45% weight) 2. Compliance with the RFP Submission Procedures and Comprehensiveness of the Response. (If significant items are missing or out of compliance this could be instant disqualification) (Maximum 20% weight) 3. Information Obtained from References (Maximum 25% weight) 4. Prior Experience of the Firm with the City of Diamond Bar (Maximum 10% weight) Findings 1. Total Price: The pricing for the Professional service agreement is based on a mark-up over the pay rate of the staff member. Comdyn Group is proposing a mark-up of 25% for one of the positions and a 40% mark up for the other positon. Nelson Technology is proposing a mark-up of 40% for both positions. 2. Compliance: The proposal from Comdyn Group complies with all of the criteria set forth in the RFP document. The proposal from Nelson Technology complies with all of the criteria set forth in the RFP document. 3. References: A reference questionnaire was used to survey 3 references from each firm. The scores from the questionnaire were totaled up and average total score was calculated. Comdyn Group received an average overall score of 9.83. Nelson Technology received an average overall score of 9.46. 4. Experience with the Firm: Comdyn Group has over 10 years of experience with the City of Diamond Bar and Nelson Technology has no prior experience with the City of Diamond Bar. The final score on the RFP Vendor Ranking Rubric shows Comdyn Group with a total score of 100 and Nelson Technology with a total score of 75. The Comdyn Group, Inc. (Comdyn) provides temporary technical personnel which assist the City's Information Services Department on an as -needed basis. Specifically, Comdyn personnel assist with advanced network security including monitoring critical security systems and providing security configuration support to ensure the highest level of network security and prevent unauthorized access to critical City information. In addition, Comdyn provides specific technical assistance for the City's Geographical Information System (GIS) program. For the past several years, the City has utilized Comdyn GIS staff to assist in the creation of the underlying database, base map, and other crucial elements of the program. By utilizing these resources instead of hiring a full time GIS staff member, the City has been able to provide this high quality service to the public and City departments at a lower cost. Historically the City expends approximately $36,000 - $48,000 per year on as -needed information technology consulting services. Due to an improving economy, demand for GIS services by the City has increased for projects such as the Site "D"/Willow Springs, Millennium, and others. GIS services have also become invaluable support for the City Prosecutor and Code Enforcement cases, and has been of use supporting other city services including Public Works, and geolocating our city's armed forces banners. The City's need for advanced network security, including monitoring critical security systems, has remained constant, and it is believed that an amount of approximately $50,000 per year will be sufficient to meet the city's anticipated needs. The City has utilized Comdyn technical staff for the past 10 years and has been very satisfied with their performance. The technical staff provided by Comdyn are highly qualified, very familiar with City systems and programs, and provide a high level of technical skills and expertise beyond those of City staff. Prepared by: Bids Reviewed by: stems Dianna Honeywell, Director Finance Attachment: A - Comdyn Response to Request for Proposal B - Copy of City's Request for Proposal C - Consulting Services Agreement 3 Attachment 1 (Follows) �F. Information Technology Services People, Systems, Solutions I�. �� i"" FOR PROPOSAL i r f� y$ ��� F._. 1 i 2015-2016 / I� •'' •'. • - ice_, •,-01 ice. �'-�I 'ir e fir �i �i1 I,RC. TheComdynGnoup, Inc. 100 E. Thousand Oaks Blvd., Suite 210, Thousand Oaks, OA 91360 806 418 1812 ® 800-300-9203 ® Fax 805 498 5852 ® http://van .comdyn.com Information Technology Services People, Systems, Solutions May 7, 2015 We are pleased to present our proposal for your use of our services in response to your Request for Proposal. The following pages of this document provide detail on our organization, history, ownership and services offered. COMDYN (originally Computer Dynamics, Inc.) was formed in June, 1981 by Robert J. Brown. As an experienced business service provider (formerly with IBM and Xerox) he had a vision and goal of providing the best possible services at reasonable prices and customized delivery specifically to the needs of each client. We're completing our 35th year under the same ownership and Robert Brown remains as President. Our two principle service offerings are (1) the provision of high quality professional IT staffing services and (2) a strong history of successful IT project management to companies and government organizations in California. We have service offices in Laguna Hills and Thousand Oaks, thus enabling responsive professional services throughout SouthernCalifornia. We have built a strong reputation providing the sort of professional services your document demands in a very consistent way always adapting to the latest leading edge technologies. Over the years we've evolved to provide a menu of services from our staff of consummate 171 professionals and welcome the opportunity to work with your staff in achieving technology solutions that meet the City's business needs. We believe the top reasons our clients continue to use our services year after year is the reliability we provide, the trust we earn, and the punctual results our customers gain. Our moderate pricing and top IT talent we provide make us an excellent partner for our clients. We strive to provide the most value and best overall service per dollar expended and our customers tend to agree. The effort we put forth in the selection process allows our customers to focus on their management responsibilities and spend less time interviewing candidates. Our clients include and have included large and small business organizations and public entities, including the cities of Diamond Bar, Santa Ana, Huntington Beach, Burbank and Torrance, CA. The undersigned is the point of contact for this effort and I look forward to hearing from you with any questions or discussion items you may have. I also look forward to hearing that we've been selected to be one of your preferred providers of professional services. Sincerely, The Comdyn Group, Inc. % % �® Dian�a town Vice President (805) 418-1812 xI12 (949) 951-3217 dbrown@comdyn.com TheComdynGroup, Inc. 100 E. Thousand Oaks Blvd., Suite 210, Thousand Oaks, CA 91360 8054181812 ® 800-300-9203 ® Fax 805 498 5852 ® http://www.comclyn.wm REQUEST O PROPOSAL The City of Diamond Bar is seeking responses from qualified firms to provide Professional Contract Service Personnel (Network Security Engineer and GIS Specialists) oqwk.. .� .• The City of Diamond Bar ("City") currently is soliciting proposals from qualified firms who can provide technical contract service personnel and consulting services on an as needed basis for a one year period. The new support contract will need to be implemented by July 1, 2015 at the beginning of the next fiscal year (FY 2015116). This will be a one-year contract that provides the City with the right to renew for up to five additional one-year terms for a total of six years. This should be reflected in the proposed pricing. Services will be provided for and administered through the Information Systems Department. It is anticipated that the personnel provided would be used in three distinct situations: ® Provide staff for temporary situations which do not justify the addition of regular City staff. ® Provide staff with unique technical skills to act as a technical resource to project teams for projects which do not justify the addition of regular staff. a Provide staff for situations which exceed the capacity of existing City staff. All situations require highly qualified technical contract service personnel who perform exceptionally well in their specialties. Page 1 City of Diamond Bar Request For Proposal 1081542.1 Technical contract service personnel and consultants will work as members of City project teams and will serve as technical resources and will perform services of varying length. In response to requests from the Information Services Division for services, firms shall: a. Research their roster of employees and/or recruit candidates to fill the City's needs. b. Screen available candidates in order to match technical skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including: technical skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience, and education) and their charge (i.e. bill) rates. f. Upon the City's conditional acceptance of a candidate, the City may require candidates to complete a "Live Scan" background check with results acceptable to the City. After a candidate has been accepted but prior to beginning work for the City„ inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent firm business procedures (e.g. time reporting, requesting time off, employee benefits, etc.) After an engagement starts, monitor candidate performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a firm will be used or the dollar amount that will be expended with them. It is expected that up to $50,000 for all services may be expended during a fiscal year. a. Firms will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including: payroll, taxes, other withholding, vacation, other benefits, etc. b. Firms will be responsible for the conduct of any personnel placed with the City. Page 2 City of Diamond Bar Request For Proposal 1081542.1 c. Firms will provide training and education programs for personnel on assignment with the City. This in intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. d. Firms will provide programs which will promote the retention f4 their personnel on assignment with the City. The Firm shall be responsible for all personnel compensation and benefits provided to City, including, but not limited to: a. Salaries, wages, bonuses, Federal and State Unemployment Insurance; b. State and Federal Income taxes; c. F.I.C.A. taxes; d. The provision of Workers' Compensation; and e. Any other laws relating to employees, such as wage and hour laws, safety and health requirements, and collective bargaining laws, as applicable. The skills and services will be needed in the fields of: ® Network Security Engineer ® Geographic Information Systems (GIS) Specialists e The City reserves the right in its sole discretion, with or without cause, to demand immediate removal and replacement of any individual assigned by a firm. The City shall not be liable for payment of services that are reasonably determined by the City to be unsatisfactory. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of the City. Payment will be made only after submission of proper invoices in the form specified by City. The amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. No increase in price charged to the City for personnel will be allowed during the period for which the personnel is provided, without the City's concurrence and prior approval. The proposal must include the following: Page 3 City of Diamond Bar Request For Proposal 1081542.1 Cover letter including firm name, address and telephone number, background information and the name of the contact person. 1. A letter summarizing the overall proposal 2. Proposers to provide a summary of: a The organization a The ownership ® The major service offered by the Proposer's firm ® The number of years that the Proposer has been in the business of providing temporary technical contract service personnel and/or consulting services. Overall qualifications of the Proposer and experience and ability to provide temporary technical contract service personnel and/or consulting services. ® Any unique qualifications and experience which distinguish Proposer's ability to provide temporary technical staffing and/or consulting. 3. Scope of services. 4. Proposed fees for services. Identify the proposed percentage "markup" over the base hourly salary paid to the Proposer's employee while on assignment with the City 5. A list of at least 5 references for similar work; including phone number and email address. ..� The City requires consultants doing business with it to obtain insurance, and proof of insurance must be provided within 30 days of notice of selection and prior to the commencement of any work on the project. The indemnity and insurance requirements are as follows. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the sole negligence or wrongful acts or omissions of City. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect the following insurance (1) a policy or policies of broad -form comprehensive general liability Page 4 City of Diamond Bar Request For Proposal 1081542.1 insurance with minimurn limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minirnum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City: (1) insurance certificates evidencing the required insurance and (2) insurance policy endorsements executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or on a substantially similar form which the City approves in writing or a copy of the policy evidencing that the City, its officers, agents, volunteers, employees, and attorneys are additional insureds. Interested firms must submit a copy of the proposal via mail or email to: Mail: Ken Desforges, Information Systems Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Email: Page 5 City of Diamond Bar Request For Proposal 1081542.1 KQesfcroe CiarncndBarCA.ocv Note: Optional site visit on April 28, 2016; for those interested in a site visit and walk through, please contact Alfredo Estevez. AEstevez6DQ[amo2,dBarCA.gov. The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL." The proposal shall be delivered the addressee on or before 11:00 1 rM , - - Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will consider the following: Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP). 2. Experience of the firm. 3. Related experience and qualifications. 4. Information obtained from references. 5. Reasonableness of the proposed fee. 6. Ability to meet City contract requirements a form of which is attached hereto as Attachment B. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. The City reserves the right to reduce or revise elements of the service contract prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. Page 6 City of Diamond Bar Request For Proposal 1081542.1 The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. All questions concerning this RFP should be directed to Ken Desforges, Information Systems Director at 909.039.7080 or by email (KDesforges@DiamondBarCA.gov). Page 7 City of Diamond Bar Request For Proposal 1081542.1 Position Descriptions Appendix A Duties m Troubleshoot & support networking concepts and protocols such as: VLAN/PVLAN, STP, HSRPIVRRP, IP subnetting, routing. Increasing understanding of a wider set of protocols and advanced technologies • Engineer network security components such as firewalls, VPN, load balancers, IPS/IDS ® Configure and troubleshoot server load balancing mechanisms and algorithms ® Proficient understanding and experience using configuration management and/or diagnostic tools, monitoring applications and performance analysis tools ® Will work with distributed, complex enterprise deployments including: multi -tiered environments, virtualization technologies, operating systems, routing, monitoring, storage connectivity, capacity planning, backups, network security ® Will configure, test and troubleshoot on platforms like Cisco PIX, ASA, FWSM, ACE appliance/module, Nexus 1000; Juniper Netscreen, F5 LTM/GTM, Citrix Netscaler ® Experience with DDOS and traffic mitigation techniques Education/Certification ® Formal training courses in networking, protocols, device programming, etc. desirable. ® Vendor Certification by Cisco and/or Network General highly desirable. Work ® 5+ years network security IT experience Experience/Skills/Knowledge/ o 2+ years service provider experience preferably in a Data Center Abilities environment ® Certification in CCNA required ® Certification in CISSP, CCNP-Security, or equivalent experience desired ® Proficient hands -oh experience and understanding of fundamental networking concepts and protocols such as: VLAN/PVLAN, STP, HSRP/VRRP, IP subnetting and routing Other ® Must have a valid Class C Driver's license. ® Manual dexterity to manipulate tools, test equipment, electronic devices, computers and keyboards. o Ability to lift and move objects weighing up to 50 pounds- * Ability to read printed documentation and computer screens. e Ability to recognize and respond to alarm sounds and equipment generated signals. Geographic information Systems (GM) Specialists Duties Ed ucation/Certification • Create maps and graphs, using GIS software and related equipment. • Meet with users to define data needs, project requirements, required outputs, or to develop applications. • Conduct Research to locate and obtain existing databases. • Gather, analyze, and integrate spatial data from staff and determine how best the information can be displayed using GIS. • Compile geographic data from a variety of sources including censuses, field observation, satellite imagery, aerial photographs, and existing maps. • Analyze spatial data for geographic statistics to incorporate into documents and reports. • Design and update database, applying additional knowledge of spatial feature representations. • Enter new map data through use of a digitizer or by direct input of coordinate information using the principles of cartography including coordinate systems, longitude, latitude, elevation, topography, and map scales. • Analyze geographic relationships among varying types of data. • Prepare metadata and other documentation. • Operate and maintain GIS system hardware, software, plotter, digitizer, color printer, and video camera. • Move, copy, delete, and add files, drawings, and maps to output reports in hard copy or electronic transfer. • Present information to users and answer questions. • Retrieve stored maps. • B.S. in Computer Science, Geography or related field or five (5) years of experience working with a GIS system Work E=xperience/Skills/Knovaledge/Abilities Other * Possess at least 3 years of experience utilizing ArcGIS/Arclnfo Workstation (ArcMAP) GIS to QA/QC useable files. ® Geography - Knowledge of various methods for describing the location and distribution of land, sea, and air masses including their physical locations, relationships, and characteristics. ® Communication, Written, Oral, and Cartographic - The ability to convey GIS/spatial information to non- GIS/technical people- * Analytical Skills - The ability to solve problems using the GIS suite of tools. ® Mathematics - Using mathematics to solve problems. ® Information Gathering - Knowing how to find information and identify essential information, and validate the information. ® Information Ordering - The ability to correctly follow a given rule or set of rules in order to arrange things or actions in a certain order. ® Computer Science - Using and developing computer programs to solve problems. ® Systems Evaluation - Looking at many indicators of system performance, taking into account their accuracy ® Must have a valid Class C Drivers license. ® Manual dexterity to manipulate electronic devices, computers and keyboards. ® Ability to read printed documentation and computer screens. Attachment B W�.,i ff_ ., Non -Design ( THIS AGREEMENT (the "Agreement") is made as of July 1, 2015 by and between the City of Diamond Sar, a municipal corporation ("City") and The Comdyn Group, Inc. a [Inert the type of entity of the Consultant, e.g., Inc., a California corporation, a California general partnerships a California limited liability company, a sole proprietor, etc.] ("Consultant"). Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Ken Dnforges, Information Systems Director (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager. 2. Term of Agreement. This Agreement shall take effect July 1, 2015, and shall continue until June 30, 2016 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed [Spell out dollar amount] (See Exhibit "A") without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. 7 Protessional Services — Non Design 952077.1 Attachment B Draft B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. the amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. 2 Professional Services - Non Design 952077.1 Attachment B Draft D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Sar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Consultant's employees or Cgnsultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 3 Protessional Services - Non Design 952077.1 Attachment B Draft A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall 952077.1 4 Protessional Services - Non Design Attachment B Draft be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records') pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of S Protessional Services - Non Design 952077.1 Attachiu ent B graft Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately Ippon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Person nell®esignated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, [If applicable, name of designated person] shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. [Optional] 6 Professional Services - Non Design 952077.1 Attachment E Draft A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment adverfising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. D. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within N/A (_) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. Liquidated Damages. Consultant shall pay City, or have withheld from monies due it, as liquidated damages, the sum of N/A Dollars ($_) per day for each and every calendar days delay in finishing the work within the time specified, including any written extensions which may be granted, in writing, in accordance with this Agreement. [Optional) 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 7 Professional Services - Non Design 952077.1 Attachment B Draft 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22: Cor.-pliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prajo edira ae9v right or rarr4aedy available 4n City 6nrlth regardto such breach ar default. 24. Attorney®s Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. (Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, orto such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" "CITY, The Comdyn Group, Inc. 100 E. Thousand Oaks Blvd., Ste. 210 Thousand Oaks, CA 91360 Attn.: Diana Brown, Vice President Phone: (805) 418-1812 952077.1 City of Diamond Bar 21810 Copely Drive Diamond Bar, CA 91765-4178 Attu.: Ken Desforges, Information Systems Director Phone: (909) 839-7080 $ Protessional Services - Non Design RM 7� !_ 14,. 'i ` • J, �. :-! .� A` "' SII Y �_..! � 1J1 l��� ]In; constituteshall ! the same instrument 9 Entire Agreement.This rte- and any other documents Consultant ! City. This Agreement _ supersedesprior oral i _ negotiations, representations or agreements. This Agreement may not be amended, nor any provision to this Agreement. Amendments on behalf of the Uty vAll only be valid if signed by person duly authorized to do so under the City's Purchasing Ordinance. Approvedas oform: City Attorney _ ---- 457077.1 I III IF, URN an City Clerk P7ofiessional5eovices - Man Design A6dc4 F.eE@W@@€:WE@ GO 952077.1 Draft if Consultant is a corporation, the City requires the following signature(s): (9) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief FinanriA Offirgr. the Treasurer an Assistant Secretary nr an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a comorate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 10 Protessional Services - Non Design Tom Gergen Manager, Information Services City of Santa Ana tgergen@santa-ana.org (714) 647-695-0 Jeff Kugel Director of Planning City of Glendora jkugel@ci.glendora.ca.us (626) 914-8215 Keith Grossman Chief Financial Officer Adler Realty kgrossman@adier-realty.com (818) 480-5500 Bill Pedersen Manager, Solutions Architecture & Software Engineering AGIA, Inc. bpedersen@AGIA.com (805) 566-9191 x2550 Dennis Dougherty IT Manager Astro Pneumatic Tool Company Denlaptp@astrotools.com (800)221-9705 The Corndyn Group Inc. will provide Security, GIS, and other Information Technology Consultants to the City of Diamond Bar on an "as needed basis" Anticipated Annual use: Security Consulting - $12,000 (@ 130 hrs at $91.86 per hour) GIS Consulting — $35,000 (@460 hrs at $75.97 per hour) AMN9111n; Compensation & Payment Schedule: Existing Contractor Billing rate(s) for the City of Diamond Bar: Security Consulting - Billing Rate = $91.86 GIS Consulting — Billing Rate = $75.97 New Contractor Billing rate(s) for the City of Diamond Bar: Payroll Service (City located contractor) - Contractor base hourly pay rate + a 25% Mark-up Standard Contractors (Comdyn located contractor) - Contractor base hourly pay rate + a 40% Mark-up Actual rates may vary over the term of the agreement as they are based upon the type of service provided and successfully negotiations with each individual providing that service. Per, Section 15 Personnel/Designated Person of this agreement, any changes in assigned staff or billing rate must be approved in writing by the project manager. Terms are net 30 on invoices submitted with approved contractor time cards. (Follows) REQUEST FOR PROPOSAL Professional Contract Service Personnel Services The City of Diamond Bar is seeking response&irom qualified firms to provide Professional Contract Service Personnel (Network Security Engineer and GIS Specialists) GENERALBACKGROUND: The City of Diamond Bar ("City") currently is soliciting proposals from qualified firms who can provide technical contract service personnel and consulting services on an as needed basis for a one year period. The new support contract will need to be implemented by July 1, 2015 at the beginning of the next fiscal year (FY 2015/16). This will be a one-year contract that provides the City with the right to renew for up to five additional one-year terms for a total of six years. This should be reflected in the proposed pricing. SCOPE OF SERVICES: Services will be provided for and administered through the Information Systems Department. It is anticipated that the personnel provided would be used in three distinct situations: • Provide staff for temporary situations which do not justify the addition of regular City staff. Provide staff with unique technical skills to act as a technical resource to project teams for projects which do not justify the addition of regular staff. Provide staff for situations which exceed the capacity of existing City staff. All situations require highly qualified technical contract service personnel who perform exceptionally well in their specialties. Page 1 City of Diamond Bar Request For Proposal Technical contract service personnel and consultants will work as members of City project teams and will serve as technical resources and will perform services of varying length. In response to requests from the Information Services Division for services, firms shall: a. Research their roster of employees and/or recruit candidates to fill the City's needs. b. Screen available candidates in order to match technical skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including: technical skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience, and education) and their charge (i.e. bill) rates. f. Upon the City's conditional acceptance of a candidate, the City may require candidates to complete a "Live Scan" background check with results acceptable to the City. After a candidate has been accepted but prior to beginning work for the City„ inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent firm business procedures (e.g. time reporting, requesting time off, employee benefits, etc.) After an engagement starts, monitor candidate performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a firm will be used or the dollar amount that will be expended with them. It is expected that up to $50,000 for all services may be expended during a fiscal year. FIRM RESPONSIBILITIES a. Firms will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including: payroll, taxes, other withholding, vacation, other benefits, etc. b. Firms will be responsible for the conduct of any personnel placed with the City. Page 2 City of Diamond Bar Request For Proposal c. Firms will provide training and education programs for personnel on assignment with the City. This in intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Firms will provide programs which will promote the retention of their personnel on assignment with the City. LABOR AND WAGE REQUIREMENTS The Firm shall be responsible for all personnel compensation and benefits provided to City, including, but not limited to: a. Salaries, wages, bonuses, Federal and State Unemployment Insurance; b. State and Federal Income taxes; c. F.I.C.A. taxes; d. The provision of Workers' Compensation; and e. Any other laws relating to employees, such as wage and hour laws, safety and health requirements, and collective bargaining laws, as applicable. DESCRIPTION OF TECHNICAL POSITIONS TO BE PROVIDED The skills and services will be needed in the fields of: • Network Security Engineer • Geographic Information Systems (GIS) Specialists PERSONNELAPPROVAL The City reserves the right in its sole discretion, with or without cause, to demand immediate removal and replacement of any individual assigned by a firm. The City shall not be liable for payment of services that are reasonably determined by the City to be unsatisfactory. PRICES City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of the City. Payment will be made only after submission of proper invoices in the form specified by City. The amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. No increase in price charged to the City for personnel will be allowed during the period for which the personnel is provided, without the City's concurrence and prior approval. SUBMISSION PROCEDURES: The proposal must include the following: Page 3 City of Diamond Bar Request For Proposal Cover letter including firm name, address and telephone number, background information and the name of the contact person., 1. A letter summarizing the overall proposal 2. Proposers to provide a summary of: • The organization • The ownership • The major service offered by thwProposer's firm • The number of years that the Proposer has been in the business of providing temporary technical contract service personnel and/or consulting services. • Overall qualifications of the Proposer and experience and ability to provide temporary technical contract service personnel and/or consulting services. • Any unique qualifications and experience which distinguish Proposer's ability to provide temporary technical staffing and/or consulting. 3. Scope of services. 4. Proposed fees for services. Identify the proposed percentage "markup" over the base hourly salary paid to the Proposer `s employee while on assignment with the City A list of at least 5 references for similar work; including phone number and email address. INSURANCE REQUIREMENTS: The City requires consultants doing business with it to obtain insurance, and proof of insurance must be provided within 30 days of notice of selection and prior to the commencement of any work on the project. The indemnity and insurance requirements are as follows. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the sole negligence or wrongful acts or omissions of City. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect the following insurance (1) a policy or policies of broad -form comprehensive general liability Page 4 City of Diamond Bar Request For Proposal insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City: (1) insurance certificates evidencing the required insurance and (2) insurance policy endorsements executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or on a substantially similar form which the City approves in writing or a copy of the policy evidencing that the City, its officers, agents, volunteers, employees, and attorneys are additional insureds. SUBMITTAL DEADLINE: Interested firms must submit a copy of the proposal via mail or email to: Mail: Ken Desforges, Information Systems Director City of Diamond Bar 21810 Copley Drive Diamond Bar. CA 91765 Email: Page 5 City of Diamond Bar Request For Proposal KDesforges(aDDiamond BarCA.gov Note: Optional site visit on April 28, 2015; for those interested in a site visit and walk through, please contact Alfredo Estevez. AEstevezcD_Diamond13arCA.gov. The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL." The proposal shall be delivered to the addressee on or before 11:00 A.M. on Tuesday May 12, 2015. SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will consider the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP). 2. Experience of the firm. 3. Related experience and qualifications. 4. Information obtained from references. 5. Reasonableness of the proposed fee. 6. Ability to meet City contract requirements a form of which is attached hereto as Attachment B. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. CITY RESPONSIBILITIES There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the service contract prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. Page 6 City of Diamond Bar Request For Proposal The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. QUESTIONS All questions concerning this RFP should be directed to Ken Desforges, Information Systems Director at 909.839.7080 or by email (KDesforges@DiamondBarCA.gov). Page 7 City of Diamond Bar Request For Proposal T�osition Descriptions Appendix A Network Security Engineer Duties • Troubleshoot & support networking concepts and protocols such as: VLAN/PVLAN, STP, HSRP/VRRP, IP subnetting, routing. Increasing understanding of a wider set of protocols and advanced technologies • Engineer network security components such as firewalls, VPN, load balancers, IPS/IDS • Configure and troubleshoot server load balancing mechanisms and algorithms • Proficient understanding and experience using configuration management and/or diagnostic tools, monitoring applications and performance analysis tools • Will work with distributed, complex enterprise deployments including: multi -tiered environments, virtualization technologies, operating systems, routing, monitoring, storage connectivity, capacity planning, backups, network security • Will configure, test and troubleshoot on platforms like Cisco PIX, ASA, FWSM, ACE appliance/module, Nexus 1000; Juniper Netscreen, F5 LTM/GTM, Citrix Netscaler • Experience with DDOS and traffic mitigation techniques Education/Certification . Formal training courses in networking, protocols, device programming, etc. desirable. • Vendor Certification by Cisco and/or Network General highly desirable. Work • 5+ years network security IT experience Experience/Skills/Knowledge/ . 2+ years service provider experience preferably in a Data Center Abilities environment • Certification in CCNA required • Certification in CISSP, CCNP-Security, or equivalent experience desired • Proficient hands-on experience and understanding of fundamental networking concepts and protocols such as: VLAN/PVLAN, STP, HSRP/VRRP, IP subnetting and routing Other • Must have a valid Class C Driver's license. • Manual dexterity to manipulate tools, test equipment, electronic devices, computers and keyboards. • Ability to lift and move objects weighing up to 50 pounds. • Ability to read printed documentation and computer screens. • Ability to recognize and respond to alarm sounds and equipment generated signals. Geographic Information Systems (GIS) Specialists Duties Ed u catio n/Certificati on • Create maps and graphs, using GIS software and related equipment. • Meet with users to define data needs, project requirements, required outputs, or to develop applications. • Conduct Research to locate and obtain existing databases. • Gather, analyze, and integrate spatial data from staff and determine how best the information can be displayed using GIS. • Compile geographic data from a variety of sources including censuses, field observation, satellite imagery, aerial photographs, and existing maps. • Analyze spatial data for geographic statistics to incorporate into documents and reports. • Design and update database, applying additional knowledge of spatial feature representations. • Enter new map data through use of a digitizer or by direct input of coordinate information using the principles of cartography including coordinate systems, longitude, latitude, elevation, topography, and map scales. • Analyze geographic relationships among varying types of data. • Prepare metadata and other documentation. • Operate and maintain GIS system hardware, software, plotter, digitizer, color printer, and video camera. • Move, copy, delete, and add files, drawings, and maps to output reports in hard copy or electronic transfer. • Present information to users and answer questions. • Retrieve stored maps. • B.S. in Computer Science, Geography or related field or five (5) years of experience working with a GIS system Work Experience/Skills/Knowledge/Abilities Other • Possess at least 3 years of experience utilizing ArcGIS/Arclnfo Workstation (ArcMAP) GIS to QA/QC useable files. • Geography - Knowledge of various methods for describing the location and distribution of land, sea, and air masses including their physical locations, relationships, and characteristics. • Communication, Written, Oral, and Cartographic - The ability to convey GIS/spatial information to non- GIS/technical people. • Analytical Skills - The ability to solve problems using the GIS suite of tools. • Mathematics - Using mathematics to solve problems. • Information Gathering - Knowing how to find information and identify essential information, and validate the information. • Information Ordering - The ability to correctly follow a given rule or set of rules in order to arrange things or actions in a certain order. • Computer Science - Using and developing computer programs to solve problems. • Systems Evaluation - Looking at many indicators of system performance, taking into account their accuracy • Must have a valid Class C Driver's license. • Manual dexterity to manipulate electronic devices, computers and keyboards. • Ability to read printed documentation and computer screens. Attachment B CONSULTING SERVICES AGREEMENT Non -Design Awl THIS AGREEMENT (the "Agreement") is made as of , 20XX by and between the City of Diamond Bar, a municipal corporation ("City") and a [Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general partnership; a California limited liability company, a sole proprietor, etc.] ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. [Insert Name and Position] (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect 20XX, and shall continue until unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant. pursuant to this Agreement shall not exceed [Spell out dollar amount] ($ ) without the prior written consent of the City. The above not to exceed amount shall include all costs,. including, but not limited to, all clerical, administrative, overhead, telephone, travel and all. related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. 7 Professional Services - Non Design 952077.] Attachment B Draft B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. 2 Professional Services - Non Design 952077.1 Attachment B Draft D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. 3 Professional Services - Non Design 952077.1 Attachment B Draft A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured. retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall 4 Professional Services - Non Design 952077.1 Attachment B Draft be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of 5 Professional Services — Non Design 952077.1 Attachment B Draft Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination.. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, [If applicable, name of designated person] shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. [Optional] 16. Non -Discrimination and Equal Employment Opportunity. 6 Professional Services - Non Design 952077.1 Attachment B Draft A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within (_) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 18. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. Liquidated Damages. Consultant shall pay City, or have withheld from monies due it, as liquidated damages, the sum of Dollars ($_) per day for each and every calendar day's delay in finishing the work within the time specified, including any written extensions which may be granted, in writing, in accordance with this Agreement. [Optional 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 952077.1 7 Professional Services - Non Design Attachment B Draft 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" "CITY" Attn.: _ Phone: 952077.1 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Phone: 8 Professional Services - Non Design Attachment B E -Mail: WHIM NMI 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" [Insert Full Name of Consultant] By:_ Printed Title: By: Printed Name: Approved as to form: City Attorney "City" CITY OF DIAMOND BAR By: [insert Person authorized to sign, i.e., City Manager or Mayor] ATTEST: City Clerk 952077.1 9 Professional Services - Non Design MM *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary oran Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 10 Professional Services - Non Design 952077.1 Aerotek Robert Daniel Pilon rpilonC@aerotek.com 13191 Crossroads Parkway North, Suite 105 City of Industry, California 91746 Phone: (562)566-4700 Toll -Free: (866)217-6775 www.aerotek.com Comdyn Group Bob Brown bob(a.comdyn.com 100 East Thousand Oaks Blvd. Suite 284 Thousand Oaks, CA 91360 (800)300-9203 www.comdvn.com Kforce Matt Runfola Mrunfola(a)kforce. com 2050 Main Street,Suite 820 Irvine, California 92614 (949) 223-1400 www.kforce.com Robert Half Technology city. ind ustryaroberthalftechnology. com 13181 Crossroads Parkway North, Suite 110 City of Industry, CA 91746 (562)478-1234 www,roberthalf.com/technology Nelson Technology Shon Wilson SHWilson@NelsonTechnology.com 611 Anton Boulevard, Suite 330 Costa Mesa, California 92626 Tel: 949-629-1600 www.nelsonjobs.com um (Follows) CONSULTING SERVICES AGREEMENT Non -Design THIS AGREEMENT (the "Agreement") is made as of July 1, 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and The Comdyn Group, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Proposal referenced as Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kenneth Desforges, Director of Information Systems (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect Juiy 1, 2015, and shall continue until June 30, 2020 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope, of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Two Hundred and Fifty Thousand Dollars ($250,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. (Any differences between the Proposal — Exhibit A and this Consulting Services Agreement, shall be governed by this document and shall supersede vendors' proposed terms.) 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. (Any differences between the Proposal — Exhibit A and this Consulting Services Agreement, shall be governed by this document and shall supersede vendors' proposed terms.) D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Jim Lentz and Raul "JR" Dira shall be the person(s) who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. % Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. RESERVED. 18. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. RESERVED. 20. RESERVED. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" "CITY" The Comdyn Group, Inc. City of Diamond Bar 100 E. Thousand Oaks Blvd., Suite 284 21810 Copley Drive Thousand Oaks, CA 91360 Diamond Bar, CA 91765-4178 Attn.: Diana Brown Attn.: City Clerk Phone: 805-418-1812 Phone: 909-839-7010 E -Mail: dbrown@comdyn.com E-mail: CityClerk@Diamond BarCA. Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" The Comdyn Group, Inc. By:_ Printed By: Printed Name: Approved as to form: By: City Attorney "City" CITY OF DIAMOND BAR Bv: Steve Tye, Mayor ATTEST: City Clerk CITY COUNCIL Agenda # 6.8 Meeting Date: June 1 V 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: MAINTENANCE SERVICES AGREEMENT WITH WOODS MAINTENANCE SYSTEMS, INC., DBA GRAFFITI CONTROL SYSTEMS TO PROVIDE GRAFFITI REMOVAL SERVICES FOR FY 2015/16 WITH AN OPTION FOR FOUR ONE-YEAR EXTENSIONS. RECOMMENDATION: Approve. 1a1►/_1►19/_1aIJtl:7_T"IF The proposed Maintenance Services Agreement ("Agreement") authorizes Graffiti Control Systems ("GCS") to submit invoices to the City for a not -to -exceed amount of $2,912 per month (i.e., an annual expenditure of $34,944) for FY 2015/16. The proposed expenditure is below the maximum $50,000 General Fund appropriation for graffiti removal contract services approved in the FY 2015/16 budget. The Agreement provides for the City Manager to approve one-year extension options pursuant to the financial terms specified in the Agreement, and subject to the limitations set forth in the City's Purchasing Ordinance (DBMC Chapter 3.24) and associated appropriations in future annual budgets. BACKGROUND: On April 6, 1993, the City Council adopted Ordinance 02(1993) adding Chapter 8.20 to the Diamond Bar Municipal Code authorizing the use of public funds to combat graffiti. On May 19, 1993, the City awarded a contract to GCS, and has extended the contract in accordance with the terms of that contract every year thereafter. The current contract extension expires on June 30, 2015. On May 11, 2015, the City mailed a Request for Proposals to the following three graffiti abatement firms known to serve public agencies in the region: Graffiti Control Systems, Superior Graffiti Solutions and Urban Graffiti Enterprises. All three firms responded to the RFP by submitting timely proposals. ANALYSIS: The RFP specified detailed performance standards to be addressed in the proposals (see Attachment 2). These standards were established to ensure that the respondents have the resources, field personnel and technical capabilities to effectively implement the City's anti -graffiti ordinance in a proactive, timely and cost-effective manner. The proposals were evaluated and compared according to the performance criteria set forth in the RFP. All three of the firms' proposals demonstrated similar capabilities in terms of equipment and workmanship. Also, in addition to providing two services days per week physically canvassing the City, all of the firms included timely on-call responses in their monthly rates, as well as expedited responses for emergency situations (vulgar language, profane depictions or hate speech). All of the firms have major public agencies as clients (GCS has the largest client list of the three candidates). GCS was found to provide the highest overall value to the City based on the following factors: • Most competitive rates — Although Superior quoted the lowest monthly rate at $2,580 for two service days per week, time spent canvassing the City were limited to four hours (8 a.m. to noon) per service day. GCS quoted $2,912 per month, but this rate includes canvassing the City for eight hours per service day, beginning at 6:30 a.m., so the hourly rate is significantly lower. Urban Graffiti Enterprises quoted the highest rate at $4,500 per month. • Track record — GCS has provided exemplary service to Diamond Bar for the past 22 years. Community Services and Public Works staff speak highly of the responsiveness and quality of work provided by the GCS's service technicians. Because of their familiarity with the City, there would be no learning curve period, and the technicians know where the City's "hot spots" are, and they often proactively remove all traces of a tagging incident before it is seen by our residents. • Training and product testing — GCS's proposal emphasized extensive and continuing training of its service technicians. Moreover, in its proposal, GCS discussed in detail the firm's ongoing testing of new products and technologies that come to market, ensuring that it is using the most sophisticated and environmentally -friendly products and technologies available to combat graffiti. • Information technology — Many graffiti abatement service providers, including GCS, participate in the Tracking Automated and Graffiti Reporting System (TAGRS). Participants log tagging incidents, including GPS coordinates, into TAGRS to assist law enforcement agencies in their efforts to apprehend and prosecute graffiti vandals. What sets GCS apart from other firms is that it has its own web -based and smartphone application, "Write On, Right Off," which can enable anyone to report tagging incidents Maintenance Services Agreement — Graffiti Control Systems Page2 with their mobile devices. This app could also be integrated into the City's website and be customized to suit the needs of the City. Based on staffs evaluation of the submitted proposals, it is recommended that the City Council authorize the City Manager to execute a Maintenance Services Agreement with GCS to provide graffiti abatement services for a not -to -exceed total of $34,944 for FY 2015/16, and authorize the City Manager to execute up to four one-year extensions subject to the terms and conditions set forth in the attached Agreement. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Maintenance Services Agreement and proposal submitted by GCS 2. Request for Proposals Maintenance Services Agreement — Graffiti Control Systems Page 3 ATTACHMENT 1 MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of , 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and Woods Maintenance Systems, Inc., dba Graffiti Control Systems, a California Corporation ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. The Community Development Director or his/her designee (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2015, and shall continue until June 30, 2016 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed THIRTY FOUR THOUSAND NINE HUNDRED FORTY FOUR DOLLARS ($34,944) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. O.AConsultant ContractsVGraffiti Control SystemsWAINTENANCE SERVICES AGREEMENT t-YEAR(tY20l5-20l6).docx E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by O:AConsultant Contracts\Graffiti Control Systcros\NIAiNTENANCE SERVICES AGREEMENT 1 -YEAR (I'Y20t5-2016).docx Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII, E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such O:AConsultant Contracts\Graffiti Control Systems\MAINTENANCE SERVICES AGREEMENT 1-Y$AR (AY2015-2016).docx amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, OXonsultant ContractsVGraffiti Control Systcros\MAINTENANCE SERVICES AGREEMENT 1 -YEAR (FY2015-2016).docx no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Extension Options. A. The City shall have the option to extend this Agreement for no more than one year, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial term of this Agreement. B. In the event the City exercises its option to extend the term of this Agreement for more than one additional year, the Contractor's unit prices shall be subject to adjustment at the end of one-year extension and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council if this Agreement was originally approved by the City Council. 0 AConsultant Contracts\Graffiti Control Systcros\MAINTENANCE SERVICES AGREEMENT 1 -YEAR (FY2015-2016),docx 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. O:AConsultant ContractsVGraffiti Control Systems\MAINTL'NANCE SERVICES AGREEMENT 1 -YEAR (FY2015-2016).docx 20. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business 0 TOnsultant ContractsVGraffiti Control Systems\MAINTENANCE SERVICES AGREEMENT ]-YEAR (FY2015-2016).docx hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" Woods Maintenance Services, Inc. Dba Graffiti Control Systems 7260 Atoll Avenue North Hollywood, CA 91605 Attn,: Jeffrey Woods Phone: (800) 794-7384 E -Mail: sales@graffiticontrol.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano Phone: (909) 839-7010 E-mail: JDeStefano@DiamondBarCa.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" WOODS MAINTENANCE SERVICES, INC dba GRAFFITI CONTROL SYSTEMS Printed Title: "City" CITY OF DIAMOND BAR M Steve Tye, Mayor O:AConsultant ContractsAGraffiti Control SystemsWAiNTENANCE SERVICES AGREEMENT 1 -YEAR (FY2015-2016).docx By: ATTEST: Printed Name: Title: Tommye Cribbins, City Clerk Approved as to form: David A. DeBerry, City Attorney State of California "CONTRACTOR'S" License No. CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time. "NOTE: If Contractor is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. O:AConsultant ContractsVGraffiti Control Systems\MAINTENANCE SERVICES AGREEMENT 1 -YEAR (FY2015-2016).docx w� t I. T E NAN C SLK'VI, J. dba GRAFFITI CONTROL SYSTEMS ORIGINAL http://www.graffiticontrol.com salesCgraffiticontrol.com CITY OF DIAMOND BAR REQUEST FOR PROPOSALS GRAFFITI REMOVAL SERVICES 1 May 29, 2015 CCSB_ HiQ C- 1, Lu_ Woods Maintenance Services, Inc. dba Graffiti Control Systems 7260 Atoll Avenue North Hollywood, California 91605 (800) 794-7384 ORIGINAL http://www.graffiticontrol.com salesCgraffiticontrol.com Diamond Bar Graffiti Removal Services TABLE OF CONTENTS ITEM DESCRIPTION 1 Table of Contents 2 Cover Letter 3 Qualifications 4 Scope of Work 5 Fee 6 Acceptance of Conditions Attachments • References • Proof of Insurance • Resumes • Before and After Photos of Graffiti Removals • Copy of Contractor's License • WrLEe. Oen, RLgkE off- screen Shots COVER LETTER The undersigned hereby declares that he is the Contractor submitting the attached proposal and is duly authorized by Woods Maintenance Services, Inc. ("WMS") dba Graffiti Control Systems ("GCS") to sign on behalf of and bind said Contractor to City of Diamond Bar. Further, the undersigned has read all bid documents, attachments and addenda and affirms his understanding of them and of . In addition, the undersigned is unaware of any conflict of interest in performing the proposed work. This bid submission is valid for 90 days after the RFP submittal deadline. Additionally, GRAFFITI CONTROL SYSTEMS is duly licensed to transact business within the State of California and is presently licensed by the Contractors State License Board to perform all of the annotated services. Contractor License #741322 is valid for the B, C27, C33, C61/D31, C61/D38, C61/D49, C61/D52, C61/D63, HAZ classifications. This license is active and current and expires October 31, 2015. Proposer Woods Maintenance Services, Inc. DBA Graffiti Control Systems Signature WCD&J� Name/Title Barry K.Woods— President 7260 Atoll Avenue • North Hollywood, CA 91605 (818)503-8240 Jeffrey Woods - Project Manager (818)764-2515 Dated May 28, 2015 Employer ID # 95-4643637 Contractors License # 741322 QUALIFICATIONS Company History and Overview: Woods Maintenance Services, Inc. (WMS), dba Graffiti Control Systems (GCS), has been a leader in exterior maintenance services for nearly 40 years, and has held contracts that are exclusive to graffiti removal services for nearly 30 years. When the company was established in 1975, we knew immediately that in order to have a successful business, we would need to not only work harder than everyone, we would need to work better. To that end WMS has always thought about how we can provide the most value to the client, while also trying to anticipate our clients' future needs and requirements. In the early years, our emphasis was on the daily and nightly maintenance of apartment buildings, condominiums, industrial parks and office buildings, with a minor workload of graffiti removal on their exterior facades. As we became more and more experienced and skilled, those future needs came sooner than we were expecting. However, because we have always adhered to the edict that our most important assets are our staff and our clients, we were able to adapt to what our clients' work needs required and what services our staff was capable of providing. This way of thinking and operating continues to this day, and is the primary reason we have continued to be successful as we approach our 40th Anniversary. Graffiti Control Systems currently performs under multi-year contracts for graffiti removal and abatement services with Cities, Counties, Municipal Agencies, and private business enterprises. For these contracts we provide anywhere from 1 to 18 crews per contract, and have billings ranging from $10,000/year to over $1 million. For all of our clients, we make ourselves available 24/7/365. Our crews are highly trained and skilled in all manner of graffiti removal and they understand that no job is too big or too small—if someone has taken the time to report graffiti, it is our responsibility to do the best job we can to remove it. Considering our history and track record in providing graffiti removal services for not only Diamond Bar for the past 22 years, but for cities all over California, we believe that we can continue to be the best partner for Diamond Bar moving forward. Prior Experience: WMS has been in business for nearly 40 years and has held multi-year contracts with a host of Cities, Counties, Municipal Agencies, and private business enterprises. Here is a fairly representative list of the contracts we have or have had during this period. Graffiti Removal Services, Abatement, Coatings and Maintenance Los Angeles County Metropolitan Transportation Authority (MTA) System -wide removal services for all stations, ROWs, divisions, terminals, properties 110 and 710 Freeway Pilot Program removal services on bridges, k -rails, abutments City of Los Angeles Maintenance of all Freeway Underpasses (Zero Tolerance) Maintenance of all City Buildings and Property (Zero Tolerance) UNTAG Program—Citywide Council District 9—Downtown, Chinatown Special Projects—Mural Coatings and Abatements County of Los Angeles Maintenance of East & South Diamond Bar Valleys (Zero Tolerance) Maintenance of Castaic, Malibu (Zero Tolerance) Maintenance of South Los Angeles Florence -Firestone (Zero Tolerance) Maintenance of the Flood Control Channels (South, West, East Areas) City of Culver City Zero Tolerance Graffiti Removal Program City of Santa Clarita Zero Tolerance Graffiti Removal Program City of Monterey Park Zero Tolerance Graffiti Removal Program City of Montebello Zero Tolerance Graffiti Removal Program City of Long Beach Zero Tolerance Graffiti Removal Program City of South Pasadena Zero Tolerance Graffiti Removal Program City of Diamond Bar Zero Tolerance Graffiti Removal Program City of National City Zero Tolerance Graffiti Removal Program City of San Diego Zero Tolerance Graffiti Removal Program City of Diamond Bar Zero Tolerance Graffiti Removal Program City of Temple City Zero Tolerance Graffiti Removal Program City of West Hollywood Zero Tolerance Graffiti Removal Program City of Santa Monica Graffiti Removal Services City of Tustin Zero Tolerance Graffiti Removal Program City of South Pasadena Zero Tolerance Graffiti Removal Program Clark County Nevada Graffiti and vandalism removal from Resort Corridor Austin, Texas Graffiti Removal for City-wide Park System California Department of Transportation Exterior Maintenance of Trans Bay Terminal — San Francisco Staff and Training: GCS has always prided itself on its ability to offer and demand exceptional service from its staff. Ownership and management take active roles in all aspects of training and quality control. By providing to our staff in-service training seminars, an above standard pay -scale, employee benefits and incentives, and a working environment that fosters a real sense of responsibility and ownership, GCS has built a business that employees are loyal to and one that exceeds the expectations of our clients. Prior to new hires beginning work, driving records are examined, references are checked, and drug tests are given. Once all of these steps are passed, safety training begins. Employees are taught defensive driving techniques, how to set cones in a work zone, how to properly prepare a worksite and how to ensure that neither the employee nor a citizen is in harm's way as a job is executed. Employees are taught about heat illness prevention and how to recognize symptoms in themselves as well as in their co-workers. Finally, employees are informed about graffiti removal chemicals which, although "green," can still present hazards if not treated with care. Our training program continues at our warehouse as senior technicians, supervisors, and management demonstrate the proper use of all equipment that is utilized in the field, including, but not limited to, airless paint sprayers, pressure washing machines, and water recovery and recycling equipment. Later in the process, new technicians are trained in on-site color matching techniques and the new hires are tested on their ability to match colors within a certain time frame and to a level that the company will accept. Further training in all media blasting techniques is provided so our new employees can be as prepared as possible as they head into the field. Upon "graduation" from this process, the employees are placed in the field with working supervisors and senior technicians where they work in conjunction with their co-worker. The new hires are rated on their performance and skills that are below our standards are remedied prior to working in the field solo, yet still supervised. All staff members are required to do in-house continuing education and are given refresher courses by management and supervisors, as well as by outside vendors. With a staff of nearly 140 employees, it is seldom that a month goes by without some type of continuing education seminar or class being given to our employees. Andres Lopez has been the GCS technician in Diamond Bar for the past 2+ years, and has been with the company for nearly 25 years. He is a proactive technician who is intimately familiar with Diamond Bar's hot spots and can always be counted on to provide exceptional service, going above and beyond the requirements in the scope of work. Andres is skilled at all graffiti removal techniques and is equally adept at color matching a painted wall as he is at removing sidewalk graffiti by pressure washing, or removing markers from a store front window. Andres will remain the technician in Diamond Bar moving forward on the new contract. SCOPE OF WORK No City's geography, demographics, or graffiti problem is the same, and Graffiti Control Systems understands this as well as any company, as we currently provide graffiti removal services for a range of cities including, not only Diamond Bar, but, Arcadia, Temple City, Diamond Bar, Santa Monica, South Pasadena, San Gabriel, Tustin, the City and County of Los Angeles, and MTA as well. However, the solution to every City's graffiti problem is the same: remove all graffiti that is reported and all graffiti found while surveying—immediately. Becoming successful at this is the essential element to any graffiti abatement program. We are proud that we have fluid work plans, and are able to adapt our work plan and schedule to the needs that are found when we arrive in a City. We have always sought open and frequent communication with our client cities and this has been no different in Diamond Bar for nearly 10 years. Not only are we in frequent communication with the Neighborhood Improvement Services Department, but we frequently communicate with SGPD and the Public Works Department. At the onset of any graffiti removal program, Graffiti Control Systems assesses the situation on the ground and make its primary focus the eradication of any existing graffiti and the quick determination of the Diamond Bar's hotspots. As we currently are contracted with the City, there will be no need for a ramp up period or a learning curve, as we are familiar with the hot spots and trouble areas. GCS will continue to abate graffiti in the manner in which we have found the greatest success in our long history—survey for graffiti incidents and remove the tags that are found immediately—as a supplement to responding to all work orders within the 24 hour time requirement and any emergency (vulgar, pornographic, racist) incidents within approximately 1 hour. In all cities where we provide graffiti removal services, our employees take pride and ownership in their work, and quickly learn the ins and outs of the City. Both our regular Diamond Bar technician, Andres, and our supervisor, Enrique, know which colors are needed and where, thus saving time, and allowing for the removal of more tags. Each technician operates a fully equipped vehicle and is trained in all types of removals so he will be able to handle any type of graffiti that occurs in his City. He will be equally as skilled at removing a permanent marker tag on a brick wall, as he will be in color matching a painted wall at the corner store, or removing a graffiti tag from the rooftop of a 30 foot tall building. One of the important aspects of any graffiti program is having the knowledge and the right equipment and experience to tackle the problem. Having removed graffiti for public sector clients for over 30 years, we have more experience than anyone else in the business. Our technicians have experience removing every type of graffiti from every type of surface, and when new products come to the marketplace, GCS will test these products against what we are currently using to see if work can be done better, faster, and more effectively with these new products. To that end, GCS uses a combination of methods to abate graffiti, starting with the least damaging process: Painted Surfaces This will include all previously painted substrates such as wood, metal, block walls, stucco, brick, curbs, chain link fencing. Color matched painting for each specific site and custom county colors for county property These will include glass windows, Treated primarily with eco - ceramic tile, road signs, traffic control friendly chemical washes, Non Porous boxes, light standards pressure washing and the Surfaces judicious use of soda bicarbonate blasting. Included here will be natural masonry Pressure wash with eco - substrates that have not already been friendly chemicals, hot high Porous Surfaces painted, concrete light standards, pressure waster blasting. sidewalks and curbs We do not use sand blasting UNLESS it is absolutely necessary When painting over dark graffiti tags, our technicians will use a primer (KILZ brand) first and then will proceed with their paint -out. This prevents "ghosting" and will create the appearance of wall that shows no sign of previous graffiti. Our technicians are all equipped with airless paint sprayers and have been taught how to feather paint on to the surface to create a natural look. GCS doesn't cover graffiti by painting out in blocks. We paint from reveal to reveal or along natural breaks in the underlying surface. Though graffiti always looks bad, when contractors paint out in mismatched blocks, the result is not in keeping with our high standards. In fact, GCS has on multiple occasions been asked to correct other contractors' substandard work in areas where we do not have contracts because our reputation for providing exceptional service is well known in the industry. Our technicians all carry multiple types of nozzle tips for the pressure washing wands because removing graffiti from a sidewalk requires a different tip than does removing graffiti from a tree. Smaller tip openings are more effective on hard substrates, while it is necessary to use a wide tip nozzle on a tree, as to prevent damage to the bark. Because different locations and substrates require different techniques, all vehicles and technicians are outfitted with multiple hoses with quick connections (both pressure washing and paint sprayers), different type and size paint brushes and rollers, extension poles for rollers and sprayers, ladders and/or step stools, 1, 2, and ` gallon buckets, and various scrubbers and rags. Further, windows or other glass features are squeegeed with water or glass cleaner after remc,.,als are completed. In all removals, our technicians will use the proper technique and product to create a surface that appears as if graffiti was never there. Integral to our success has been the implementation of our 360' approach. The 360° is the performance standard we use in all of our contracts and it shall be no different in Diamond Bar. Our crews have been trained that when they remove graffiti at a request site or on their survey routes, oftentimes there will be ancillary graffiti in the immediate environs. By making a full 360° turn at the incident site, the technician can and will abate all visible graffiti. This process helps in myriad ways: additional requests will not be generated from this location; constituents will note that our technicians are proactive and will not leave graffiti for another day; and finally, by cleaning the entire area, the taggers will realize that their work will not remain visible for long. Essential to any successful business and especially critical to the success of graffiti removal contracts is quality control. Quality Control is preached from day one to all new hires and is mission critical for supervisors and management. We have supervisors and management in the field daily, not only to check the work that is being done, but to speak with our employees and people in the community to see what they want from their contractors. When communication is open and honest between the contractor and the client, the graffiti abatement program runs more efficiently and little issues never become big problems. We realize that graffiti removal services give citizens a sense of safety and security in their community and we don't take that responsibility lightly. Our crews are instructed to listen intently to constituent requests and explain to each the process for graffiti removal services. We have learned that being honest with the community members goes a lot further than just saying, "It will get done." If waivers are required, our crews can make those available on the spot. If law enforcement needs to be informed, we can provide that service or provide the contact information to the constituent so that he or she can participate in the process. The safety and well-being of all Contractors' employees and the citizens in general are our primary concern. All work undertaken conforms to all rules, regulations, ordinances and statutes of the City, County, State and Federal Government, as well as the Los Angeles County Best Management Practices manual (BMP's). When required, all proper traffic control methods are utilized, as required on the public right-of-way, with flashing arrow boards, cones and barricades. The concern is also for the public at large, as we will be working along areas where there are not only pedestrians, but oftentimes vehicles and cyclists as well. All company trucks are equipped with a fire extinguisher, SDS sheets, and first aid kits. All employees are provided with uniforms and all necessary and required safety gear (PPE), including: safety vests, protective eyewear, gloves, and hard hats (if necessary) and great care will be taken in protecting surrounding areas. Sand, soda and any residue from cleaning operations shall be cleaned up immediately by our technicians, restoring the surface and area to its original condition, and removing any potential liability problem or exposure. In some cases water reclamation devices have been utilized so as to prevent any runoff or pollution of the storm drains and water tables. In any project, all care and caution shall be used while performing all abatements to maintain the integrity of all surfaces. WMS has always practiced and subscribed to the applicable BMP's for all municipal work we have undertaken. Whether it is securing a working area with cones so passersby will not inadvertently enter a work zone, or doing preventative maintenance on all our vehicles and equipment, we know that when best management practices are followed rigorously, work is done in a safer and more efficient and effective manner. These are the same methods and operational standards that we will utilize in Diamond Bar should we be awarded the contract. Equipment: Graffiti Control Systems' vehicles assigned to Diamond Bar will be fully equipped for graffiti removal. Each will be outfitted with not only hot water pressure washers and airless paint sprayers, but with ladders, color matching tools like tints and base colors, brushes, rollers, safety cones, protective tarps and covers, flashing amber lights, and various sundry items essential in the execution of graffiti removal. Graffiti Control Systems currently has all the equipment and vehicles necessary for this contract, including 24/7/365 access to both our 29' bucket van and our 47' bucket truck. Graffiti Control Systems has always maintained sufficient vehicles, paints, chemicals, hand tools and equipment to carry out each contract program it was assigned. Of course, having the right people, the right experience, and the right work plan are critical, but the final piece of the puzzle is having the right equipment to execute the required tasks. To this end, Woods Maintenance Services houses ample supplies of all tools, equipment, and supplies and maintains a fleet of over 70 vehicles: • 13 dedicated landscape maintenance vehicles • 9 dedicated trash collection vehicles • 23 fully equipped graffiti removal vehicles • 10 dedicated pressure washing vehicles • 13 Dump trucks with auto -dumping capabilities • 1 Tractor with accessories -New Holland: 1 Model 445D • 1 AirSweeper Truck • 47' Bucket Truck • 29' Bucket Van • 2 Traffic Control Vehicles • 2 Hydro Tek Custom Water Recover Systems (SC35005VG/ZVAC) • 3 diesel cold water pressure washing units • 1 Baldor Electric Powered pressure washing unit • 32 Delco RK -45 Pressure washing units • 33 Graco Model 3900 airless paint sprayers • 16 chainsaws-various models • 19 Husqvarna and Shindaiwa hedge trimmers • 37 Husqvarna weed whackers • 11 30" Toro TurfMaster Lawn Mowers • 83 field cell phones/smartphones Should Woods Maintenance Services be awarded the contract, we have all the required equipment and vehicles necessary to successfully meet the requirements and perform the tasks on this contract. Should additional items be required during the life of the contract, we have the financial resources necessary to allow us to quickly obtain anything that will be required to operate a successful program, without diminishing existing contracts. Currently Graffiti Control Systems uses TAGRS in the City but we have developed our own web - based and smartphone application for the reporting and removal of graffiti incidents. This app, WKEe oto, RLgkE off'"', can be integrated into the City of Diamond Bar's website, if the City chooses. Further, WrLEe OK, RLgkE OffTM can be customized to suit the needs of Diamond Bar. GCS technicians are also perfectly capable of using any system of the City's choosing, as we have used many different tracking and targeting apps in our myriad contracts, including Graffiti Tracker and TAGRS. Whichever system the City chooses, GCS technicians will document graffiti with before and after photos that will provide the location, size, and type of graffiti, plus any other information the City chooses. This "equipment" is yet another tool in our technician's arsenal in the fight against graffiti. FEE For 2 Full days of service per week, Graffiti Control Systems proposes a flat rate of $2,912.00 per month. For 3 Full days of service per week, Graffiti Control Systems proposes a flat rate of $4,075.00 per month. ACCEPTANCE OF CONDITIONS Woods Maintenance Services, Inc., dba Graffiti Control Systems, accepts all conditions listed in the Request for Proposal Document and offers no exceptions or changes. ATTACHMENTS REFERENCES Los Angeles County MTA Graffiti Removal Services Carlos Martinez 490 Bauchet Street Mail Stop: 30-1-7 Los Angeles, CA 90012 martinezcarl@metro.net 213-922-8877 City of Los Angeles Public Works Graffiti Removal & Abatement Services Gerry Valido 200 N. Spring Street, #356 CH Los Angeles, CA 90012 gerry.valido@lacity.org 213-978-0223 Los Angeles County Department of Public Works Graffiti Removal Services Ari DeChellis Los Angeles County Department of Public Works Graffiti Abatement Program ADECHELLIS@dpw.lacounty.gov 626-458-4062 City of Tustin Graffiti Removal Services Brad Steen 300 Centennial Way Tustin, CA 92780 bsteen@tustinca.org 714-573-3135 City of Santa Monica Graffiti Abatement Services Rick Raygosa 1685 Main Street Santa Monica, CA 90401 rick.ray og sa@smgov.net 310-458-8519 City of San Gabriel Graffiti Removal Services Clayton Anderson 425 S. Mission Drive San Gabriel, CA 91778 canderson@sgch.org 626-308-2806 ext. 4636 Conclusion: When selecting Graffiti Control Systems as Diamond Bar's graffiti removal contractor you are choosing to do business with one of the largest and most respected graffiti abatement and removal contractors in the nation. • Successful business for many years, our 401h Anniversary will be celebrated this year • Skilled crews with years of experience of on-site color matching History of providing immediate response to emergency requests of all kinds • Active ownership and management in all aspects of the business from bid process to field work • Have always exceeded work estimates by working proactively, not reactively, via 360° approach • Never satisfied with good enough; always looking at ways to improve and grow • Performed under 1000's of contracts, abated 100's of million square feet of graffiti • Part of the community and working with the residents for a common goal Carol Herrera Mayor Bob Zirbes Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Re,Oed paper February 23, 2006 City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 To Whom It May Concern, (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com Graffiti Control Systems has been providing professional graffiti removal services to the City of Diamond Bar since 1993. They have always done an excellent job and it is my pleasure to provide this letter of recommendation. Barry Woods and his staff are always professional, eager to help and enthusiastic about their work. If I can be of any further assistance, please feel free to contact me at 909.839.7061. Director of Community Services PROOF of INSURANCE Please seethe following pages for copies of our current insurance coverage which show that we meet the minimum requirements as stated in the RFP. Should we be awarded this contract, the City of Diamond Bar shall be added as "additional insured" as required by the RFP and the subsequent contract. Q� ® DATE (MMIp01Y CERTIFICATE OF LIABILITY INSURANCE 1/29/20155 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED '.PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. „dPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endamement(s). PRODUCER SGB -NIA Insurance Brokers NAME: PHONE (818)316-0999 we No: (k19)316-0990 E-MAIL .patty Lugo@ajg.com CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED License #0782266 21011 Warner Center Lane Woodland Hills CA 91367 INSURED Woods Maintenance Services Inc, DBA: Graffiti INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hart£ord Fire Insurance Com INSURER SNationWlde Mutual Ins.Co. an 19682 3787 INSURERC:Twin City Fire Insurance Co. 9459 INSURER (NSR TYPE OF INSURANCE POLICY NUMBER MMIOUIYYYY MMIODrfYYY TR Control Systems; Hydro Pressure Systems GENERAL LIABILITY EACH OCCURRENCE $ 7260 Atoll Avenue INSURER E: 300,000 1 INSURERF: c1f�G1 LII IMCFD PREMISES Eacccurrence North Hollywood CA 91605 COVERAGES CERTIFIUA It Numcon:LL+="-""--------- HAVE BEEN ISSUED TOTHEINSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED ACCORDANCE WITH THE POLICY PROVISIONS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, AUTHORIZED REPRESENTATIVE ADDLS SR POLICY EFF POLICY EXP LIMITS (NSR TYPE OF INSURANCE POLICY NUMBER MMIOUIYYYY MMIODrfYYY TR ---� 1,000,000 GENERAL LIABILITY EACH OCCURRENCE $ avv_snan ACnRn CORPORATION. All rights reserved. rnp OAMAGETO RENTED $ 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eacccurrence ❑x_ 72CESOY3834 /1/2015 /1/2016 MED EXP (Any one person) $ 10,000 A CLAIMS -MADE OCCUR 1,000,000 PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 PRODUCTS AGE $ 2,000,000 GEN'L AGGREGATE LI-IpMIT APPLIES PER: $ X POLICY PRO LOC e COMBINED SINGLE LIMIT 1 000 000 AUTOMOBILE LIABILITY Ea accldaM BODILY INJURY (Per person) $ NY AU OLL OWNED SCHEDULED CP7825968322 /1/2015 /1/2016 BODILY INJURY (Per accitlent) $ UTOS AUTOS X PROPERTY DAMAGE S NON -O WNEO paraccident IRED AUTOS AUTOS.Underinsured $ 1 000 000 motonst JX EACH OCCURRENCE $ 3,000,000 MBRELLA LIAB OCCURXCESS AGGREGATE $ 3,000,000 LIAB CLAIMS -MADE /1/2015 /1/2016 $ E❑ RETENTION$ 72%SON0909 WC STATU- OTH- WORKERS COMPENSATION E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE❑ OFFICER/MEMBER E%CLUOED4 NIA E.L. DISEASE - EA EMPLOYE$ (Mandatory in NH) If yea, disk ... untlar E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addlflomal Remarks Schedule, If more space Is required) Re: Operations of the Named Insured for the Certificate Holder. City of Diamond Bar is named Auto Additional Insured per attached form AC 0102 0310. CERTIFICATE HOLDER CANCELLA I lv,• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _ City of iiamond Bar AUTHORIZED REPRESENTATIVE Attn: Tammye Cribbins 21825 E. Copley Drive Diamond Bar, CA 91765 - ---� Mark Jacobson/MHJ avv_snan ACnRn CORPORATION. All rights reserved. rnp ACORD 25 (2010/05) —""" -- INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD -_ 1 ® A� o CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/riYYI 8/25/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER BroNRl & Brown Insurance BerV1Ce8 Of CA, Inc. 2401 E. Katella Ave. Suite 550 Anaheim CA 92806 CONACT NAME, 1C istin Grissom PHONE (']14)221-1841 FAX (7141221-4196 AIC No noolLss:kgrissom@bbsocal. con INSURERS AFFORDING COVERAGE NAIL# INSURER A:Cali£ornia Insurance Company 38865 INSURED Woods Maintenance Services, Inc.; Graffiti Control Systems; Hydro Pressure Systems 7260 Atoll Ave. North Hollywood CA 91605 INSURER e: INSURER C: INSURER o: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER'CL1482514544 REVISION NUMNtK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTO LTR TYPE OF INSURANCE AODL SUBR POLPOLICYNUMBER MMIp EFF PY MMIDnIYEXP LIMITS GENERALLIABILITY EACH OCCURRENCE $ DA GE TO RENTED PREMISES Ea occumemo $ COMMERCIAL GENERAL LIABILITY MED EXP (Any ane person) S CLAIMS -MADE ❑ CCCUR PERSONAL & ADV INJURY IS GENERAL AGGREGATE If GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ $ POLICY PRO LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea a¢itlent $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREOAUTOS AUTOS PROPERTY DAMAGE $ Poraccident $ UMBRELLA LIABOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTIONS WORKERS COMPENSATION $ ATT- I OEH- X I TWR3TLIM A E.L EACH ACCIDENT $ 1 000 000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE (MandatoryOFFICERNEMBER EXCLUDED? NH) If NIA 730059610104 9/1/2014 9/1/2015 E.L DISEASE - FA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 yes aryIn If yes, de scribe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 191, Additfonal Remarks Schedule, If more space is required) *EVIDENCE OF COVERAGE ONLY* CITY OF DIAMOND BAR ATTN: TAMMYE CRIBBERS 21825 E. COPLEY DR, DIAMOND BAR, CA 91765 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bhazpe/I[GRI SS -- m i9RR-2n10 ACORD CORPORATION. All rights reserved. INS025 (201006).Oi The ACORD name and logo are registered marks of ACORD RESUMES BARRY K. WOODS EXPERIENCE President 10/75 — Present 40 years of maintenance experience, including graffiti abatement, maintenance of hard surfaces, landscape maintenance, tree trimming and trash and debris removal. Instituted new and improved methods of abating graffiti, faster response times and better tracking protocols. Handles purchasing and tasks assignments with Operations Manager and Project Supervisors through weekly meetings. Overall responsibility for all contracts and interfaces with Project Managers and all public agencies. Member of multiple trade organizations and is a recognized as an expert in court cases and arbitrations. At the cutting edge his entire career in the exterior maintenance field: 15t contractor to establish fixed -fee graffiti removal; 151 contractor to use relational database for tracking graffiti incidents; 1st contractor in LA County to use sweeper trucks in the Flood Control Channels; chosen by Armand Hammer to test safe use of soda bicarbonate in high pressure cleaning. Responsible for negotiating with subcontractors. CLIENTS Currently oversees all corporate assignments. EDUCATION Attended University of California at Los Angeles as an undergradute, graduating in 1971. Attended UCLA graduate school, receiving degrees and credentials in 1974. ADDITIONAL CSLB C33 License RMO; City of LA CERT Emergency Trained; Metro Rail Safety and Wayside Worker ProtectionTrained; Trained as EIC. JEFFREY WOODS EXPERIENCE General Manager 7/03 — Present Oversees staff of 140+ employees. Conducts daily safety briefings, dispatches and oversees multiple crews at multiple locations. Organizes and assigns vehicles and equipment, manages maintenance and repair of equipment. Maintains all databases, reports and logs of work performed. Operates pressure washers, cranes and heavy equipment as needed, trains personnel in safe operation of all equipment. Interfaces with Contract Administrators to obtain work assignments, and verify completion of all tasks. Purchases equipment and advises and researches new and more efficient equipment for contracts. Works to identify qualified subcontractors for all projects. Crew Leader - Foreman 9/95-7/03 Supervised a crew of eight handling weed, trash and debris removal for transportation agencies. Maintained records and logs, oversaw equipment and vehicles assignments and maintenance. Initiated safety training for new hires and conducted weekly safety meetings. Trained in operation, use and maintenance of heavy equipment. Scheduled crews and allocated resources to maintain contract compliance. CLIENTS Direct oversight of multiple contracts, interfaces with WMS staff and liaison with City and County contract administrators. EDUCATION CSU Northridge -- Bachelor of Science - Business Management ADDITIONAL CSLB "B" License RME, HAZ Certified; Metro Rail Safety and Wayside Worker ProtectionTrained. Trained as EIC. Andres Lopez, Senior Graffiti Removal Technician • 24+ years with the company • Senior Technician for past 8 years, work areas include: LA County -- Florence -Firestone and Malibu Graffiti Abatement, City of Los Angeles, Santa Monica, Diamond Bar • One of our first employee to beta test the TAGRS graffiti tracking program in the field • Successfully handles client/constituent concerns • Has weekly tailgate meetings with his supervisor to discuss ongoing safety protocols • Responsible for ordering necessary paints and chemicals for Diamond Bar • Multiple time winner of the Monthly Best Graffiti Abatement Technician award • Bilingual Education: • Oaxaca, Mexico—Undergraduate coursework • Pierce College—Small Engine Repair COLOR MATCH a 4, H 1 t.A�r COLOR MATCH ACTIVE AND CURRENT CONTRACTOR LICENSES State Of California CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE APoin 40 ....741322 „ CORP WOODS MAINTENANCE SERVICES INC DBA GRAFFITI CONTROL SYSTEMS �dM,ew„ C61/D52 C33 C61038 B C61/D31 HAZ C61 /D63 C61/D49 C27 9 10/31/2015 wwN.cslb.ca.gov �� User Guide (Contract Administrator) Web Based Application Home Page JEFFWOODS-ACdr, , I, T G R A F F I T I C 0% T R 0 L 5 Y 5 T E M 5 Report Graffiti Tank o,u for dxng the time m Me n gra In y.r Mry. R. WK .11 bring ynu W a page IM1dt wa etrow you to [Anrtavrnn CiK mN x111 b— vmrin Client Login Gretfd Lontml 0yatems Ia fie ranee: ne[e lbenme Bulb, eba:emmt mp nmevm.,n ,In me unllee sire s ,,more menial4m:l.a clry.-Wnor, eM stet-gtPenpes -n -Y p0erc .1.0. saNicm �nol acroase lull runpe Ol gn014 Mrr v ,obalamm4 eCI ., oM c:rswteon tervYes. Wa area "olt,.M ane o(e21ae Mslnaa, end nave deet m U.n'.inuous .perm,, lmn R/d0y N% lakoemrmou9 pod', 1, v,: N eonecna 10 fair P"re"I stale and all.'MeM. are Imined In lamp 1M1e papa remwel iectmpues br eact19rroma IncNenl lneY csne acm55. �A/-' n S V Y Visit wads Maintenance Service, INC. Mors Mairddnwce Servlet, No, ma pamn comperry p' 02tlnl 0 ro.i SyeR1115. M.roo "' 975 b,..:Hord rlgrking put Mone Wlnd• er'n s, hods, ,,POYS naM 190 C -iLS u ME 9E--'—i.-i1S 'A" RKbaOEM Authorized User Log In page G R A F F I T I 0 N T R 0 5 Y 5 T E M 5 Log in SIGN IN Forgot Your Password? n 10 You will providE the email addre your choice and password you m use and we will up on the systei a work order... it's simple. Just input a few basic items and our tech will be on it in no time. Say you are the City's graffiti administrator and en calls you to tell you about a tag. of course you can give them our website and let them input the information themselves. However, if t tell you the address, you can get the ball rolling and we will take care of the vandalism. You will only have access to your City when you al ed in. All you need to do is type in the address ---if you have a photo or know that it is on a window or the sidewalk, you can input those ails and it will certainly make our job easier, but, nonetheless, you can input the work order with only the address. JEFF WOODS- ADMIN LOGOUT 'CITY ADOPE55 vase aaerm mcsxd, G ¢. A F F 11 1 I260AIOIl Avewe, Nosh 4bl!ywcoq GA 91605, USA f] N T F O 1 �Jr 5Y 5 TE M5 LOCATION OF OBAFFITI }NaW N/o+lt b'tlar yyhere N'MBONm A'.mx. NaV lblywooc.CA9'tlf6. USA'(a+on lecl'.:ra+he gre+F2il �YNI 4 a Y y IMAGES is }AOD R.IAGE Let Us FMES USERS 9E 0O— WORK ORDERS J Map :seise Is it on the wall? Let us Et= know. n swr. r.,.— Hit submit, and we will take it from here. -your work order has been submitted, it will move to the "pending" orders and we will assign it to the appropriate technician. On this page, you will also see iplete" orders. JEFF WOODS LOGOUT 6 SAN GABRIEL - CITIES USERS REPORTS WORK ORDERS SAPDO00001 Date Submitted: Wed Apr 1 at 2015 Location Address; 220 W. Clary, San Gabriel, Ca 91776 8:40am Location Details : wall Technician Gasar Vasquez - + New Work Order Report SWe s Pending- E.eiore Images i r rill find and pending — Remme Imege Admin Notes t Add Image �r the work order has been completed, the order will now be "complete" and you will find the after photo as well as all !vant removal data. JEFF WOODS LOGOJt SAN GABRIEL - } New Wolk Order lotice that there is no longer "pending" order, and you an now see, in real time, the --- after after image." CITES USERS REPORTS WORN ORD Work Order SAPD000001 Date Submitted: Wed Apr 1st 2015 Location Address: 220 W. Clary, San Gabriel, Ca 91776 B:AOam Location Details: wall Technician Cesar Vasquez - Report Status Complete - Before Images — Remove Image__ , __--- - -- ',. f Atltl Image Atter Images v! 1 i e €, :� 6 — Delete Work Ortler y. You've entered a work order, but you want to see what else has happened in your City today. We have you covered with our completely omizable reporting page. Again, you will only have access to your City, but you will be able to see before and after photos, see the status, III and all pertinent details to the removal of the graffiti. You can hide the categories that aren't important to you and you can do searches fc ific addresses or date ranges. This is a very powerful tool that can help you quickly when the City Manager calls to see what happened wi graffiti he reported earlier in the day. Just search for the address, and within seconds, you know that the graffiti was removed at 10:22am can even send him the before and after photos. This is also an exportable file: excel or .pdf r .TEFF WOODS -ADMIN LOGGOUT 7:0fiam B PWnt Monks, CA "04, USA Santa Monica Work Orders (36 Incidents) % Fb Jan JON 2015 o Only ehew IMitlents atter this sate. (From) complete @ R A F F I T I .i Sh. 10 W wNes n.laam CONT WA 517.50 ST' EM6 Fn Jan301h 2015 SMS PenPng Walk WO M f/ 11:212m Shooe Dale On1lI Shout, Shoos SOYRe AtlEresa Fd Dls, l9ht2014 6M1v ti`s GomWam Dona Ba4ued 122 YAbhira BOul M;.ncle SMIN=6 1257am E,-,4 and !I NAP - fn Doc l91h 2014 SM.t".CD5 Complae Dow APP 22431 RJ. Should Fara Menke 7:4:em .os Phyne Complete Fn Doc 191h 21114 Srd"AR%2. Complete Done BegYesl 143612N4 Temple eo; 2014 6578m @roam P' MlA SN100O117 Complete T,m 91h' Fo Jac zne 3015 'JM02b14 C000thts Dona App 1 BBB llncoln Avenue GlTIES 15EP6 PFPt9WS O,01 604OPS Doty mow lncleems blmre this sate. (Te) search: stwe�wlmm Du li P- PfePsDy Type Leclilon SIv MMhotl D lis 8ebnf A1M! Tota Pome Ou Ph, Gl track wa6' Public an wY1. Puelm Public App 7:0fiam B PWnt Monks, CA "04, USA App % Fb Jan JON 2015 SfdW0033 complete 0. 0 n.laam 0 0,on'ich WA 517.50 - I Fn Jan301h 2015 SMS PenPng op. f/ 11:212m Frl Jan30th2015 SMIN=6 State] Open and !I NAP .. Mon Dec 15M SMODOOD5 Complete Done 2014 6578m for Mon Doc22M SN100O117 Complete Dom 2014 5 wan Mon Dec 22ca 33MOK013 C.Phhes Open 2014 69em GlTIES 15EP6 PFPt9WS O,01 604OPS Doty mow lncleems blmre this sate. (Te) search: stwe�wlmm Du li P- PfePsDy Type Leclilon SIv MMhotl D lis 8ebnf A1M! Tota Pome Ou Ph, Gl track wa6' Public an wY1. Puelm Public App 2500 M1chi9ao A... Senla Public B PWnt Monks, CA "04, USA App 1234 App 7260 Atoll Avenue, 1,100 2 chm lml Pbsyw .CA 91 W5. USA. APP 455 WPSMVM BIM. Publk App III WMIre Boo, Sante M. I.. Public App 1500 Owah Avenue n Dhenloa W4 B PWnt Blue 1 Presim WA Wash 51740 2 chm lml WA 12 Gfemlcxl WA D St7:m SOAO ® Se2.O0 WA Som 12 OMmicol 51740 $17.50 517.54 D WA SOAO 0 WA 50.00 12 OMmicol WA $17.50 21 Che osa WA 517:50 0 0,on'ich WA 517.50 WrL*Ee ) Re 9k] OVk GuideUser •+opc,T-MobileWi•Fi ^ 6:41 AM I too%�. i Report Page User can remain anonymous or choose to leave a name and email address which will allow us to contact him/her after completion. *to g=o T -Mobile Wi-Fi ^ 6:41 AM 100% Login Report an Issue Select Your City i Where is the Graffiti at this location? You may (optionally) upload some images by touching these placeholders. AL . , Q W E R T Y U 1 0 P A S D F G H J K L t Z X C V B N M 123 y space Next Simply add your name and email (if you choose), type in the address or hit the purple "gps" button, and briefly tell us where the graffiti is on the wall, on the sidewalk, etc., and add a photo if you have one, and that is it! Your report is ready to go. Tester request@graffiticontroI.com / City: Santa Monica /G ® GPS 7254-7260 Atoll Avenue, North Hollywood, C... ` button Where is the Graffiti at this location? On the wall You may (optionally) upload some images by touching these placeholders. A A Submit Hit submit, and through the wonder of iOs, we will take care of the reported vandalism. trnLxfalrie"�'' -9�bta�Monlca or GiStEll Yiuenue; NbrtffFi611j'wood,:C .,, v.. xv ,rv«, i4ralfltl'atfhlelbwvian7^ lase Confirm Are you ready to Eubml[ your report? Submit Thanks! We will get right on this. If you've given us your name and email we will send you some follow up smalls as we complete work. Report Another Issue Visit our Website Like us on Facebook REQUEST FOR PROPOSALS GRAFFITI REMOVAL SERVICES PURPOSE ATTACHMENT 2 The City of Diamond Bar is seeking proposals from qualified firms to provide graffiti removal services on public property, private property within public view sheds and the public rights-of-way, all within the City's corporate boundaries. CITY BACKGROUND The City of Diamond Bar is a primarily residential community with a current population of approximately 60,000 residents, residing in roughly 18,000 dwelling units. Diamond Bar covers nearly 15 square miles and is located in southeastern Los Angeles County. CURRENT GRAFFITI REMOVAL OPERATIONS Below are Diamond Bar's graffiti removal statistics for the 13 -month period between April 1, 2014, and April 30, 2015: Number of sites abated per month) 30 to 55 Total number of sites abated) 520 Square footage abated per month) 161 to 878 Total square footage abated) 5,753 For the current fiscal year, graffiti removal has consisted of two service days per week in addition to responses to service requests. SCOPE OF WORK 1. Graffiti Removal. Contractor shall furnish at its own expense, all labor, equipment and materials necessary for the satisfactory performance of graffiti removal as set forth herein. Contractor shall remove graffiti from all public property and city authorized private residential, commercial, and industrial structures. Contractor shall inspect all referrals to determine the method to be used for the graffiti removal. Methods of removal may include water blasting or other pressurized removal systems, matching existing painted surfaces or other eradication procedures as approved by the City. Contractor shall determine the most effective method(s) for removal of the graffiti at each location. The method(s) of removal will vary depending upon the type of graffiti and condition of the surface. Contractor must use care to avoid damages to existing improvements (e.g., buildings, windows, doors, walls, etc.). Existing improvements damaged by the Contractor shall be repaired at Contractor's sole expense to the satisfaction of the City. 2. Materials and Equipment. a. Contractor shall properly prepare all stucco, masonry, metal, wood, or other exterior surfaces in a manner that will result in an acceptable bonding of the applied paint and deter the visibility of graffiti. b. Contractor shall provide any and all equipment as may be necessary to perform graffiti removal. c. All work shall be cleaned of all debris, residue and excess paint immediately after completion of work. d. Contractor shall match the existing surface color when painting over or obscuring graffiti whenever possible. Paint shall be neatly feathered in all areas. e. Contractor shall photographically document all locations prior to removal or graffiti and shall maintain said photographs. Photographs will be available to the City upon request. The City prefers a web based photo system that updates in real time while in the field. 3. Schedule of work. Contractor shall propose service days and hours that will result in the most efficient and effective service levels to the City. In addition, Contractor shall remove all graffiti in accordance with requests for service by the City within 48 hours' notice or approval from the City. Graffiti that is determined to be obscene or contains vulgarity, profanity or hate speech shall be removed within 4 hours of the request for services. This emergency service shall be available at all times, including and during non -regular working hours. Contractor shall provide the City with a special after-hours telephone number to report said emergencies. The submitted proposal shall provide the following a scheduling options: Two (2) services days per week; and three (3) service days per week. The proposal shall further specify the regularly scheduled service days under each option (e.g. Mondays and Wednesdays, etc.). 4. Right of Entry. a. Private Property. Contractor activity on private property shall be performed only after authorization is secured from the property owner or authorized agent to enter. b. Public Right -of -Way Property. If public property is inaccessible due to locked gates or similar access controls, the Contractor shall contact the Community Services Department or Public Works Department to obtain necessary access or other authorization shall be given by the Field Services Division for the removal of graffiti on public property. 2 5. Licenses. Contractor is required to have in full force and effect all licenses and permits required by the applicable laws to perform graffiti removal services within the City of Diamond Bar. Contractor must possess and maintain a valid State of California C-33 Painting License and a State of California C-61 D38 Sand/Water Blasting License during the term of the contract. Contractor shall obtain a City Of Diamond Bar Business License during the term of the contract. 6. Public Relations and Safety. Contractor shall at all times conduct services with the utmost respect to the public. All employees of the Contractor shall wear clean clothing in the performance of their duties and equipment shall be cleaned and maintained in a safe operating manner. All equipment shall be subject to inspection by the City at any time. All personnel shall wear appropriate safety gear at all times while removing graffiti in the City. 7. Air and Water Pollution. Contractor shall conform to all current regulations of the South Coast Air Quality Management District (AQMD). The Contractor is also required to adhere to the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency (EPA) in Code 40, Code of Federal Regulations (CFR) Parts 122, 123, 124, the Porter -Cologne Act (California Water Act), and the National Pollutant Discharge Elimination System (NPDES) requirements. Suitable Best Management Practices (BMPs) shall be applied to prevent any chemical, debris or any non-stormwater discharges from being entering the storm drain system (storm drains and gutters). 8. Compliance with Laws. Contractor, its agents, and employees shall comply with ail laws, ordinances, rules and regulations of the Federal, State, the County of Los Angeles, the City and all governing bodies having jurisdiction applying to work done under the agreement. Contractor shall be expected to expand on the above -noted tasks where appropriate, and provide suggestions, which might lead to efficiencies and enhance the service for graffiti removal. The City shall have the right, upon mutual agreement with the contractor, to extend the contract for one or more additional fiscal years upon agreement with the contractor on a payment scheduled agreed upon at least 60 days prior to the end of the then -applicable contract term. Any extension shall be memorialized in an Addendum or Amendment to the Agreement, or reflected in a new agreement. NECESSARY QUALIFICATIONS In the Contractor selection process, City of Diamond Bar seeks the following qualifications: 1. Prior Experience. The selected firm must have demonstrated experience in providing the services described under the Scope of Services. Substantiation must be provided regarding the nature of services provided to the client cities or agencies. At least three references of cities served within the past five (5) years must be provided. 3 2. Staff Qualifications. Staff assigned to complete the Scope of Services must have previous experience in providing the necessary services as described under the Scope of Services. All personnel assigned to the work must possess appropriate certifications, licenses, or registrations as required by State agencies. 3. Contact Person. The selected firm will be required to identify the person who will be the primary contact person who is authorized to assign the firm's staff to specific projects. Other staff may be identified as the specialist in the specific areas or for specific tasks. These individuals must, within reasonable limitations, be accessible to City staff during business hours. 4. Organization and Staffing. Proposing firms shall provide a description of key staff and their relationship with City operations. Specifically show how the proposed organization and staffing will provide the City with the quantity and quality of service needed to meet the City's needs. The City will score firms that do not require subcontractors more favorably than firms that do. GENERAL CONDITIONS 1. The City of Diamond Bar shall not be liable for any pre -contractual expenses incurred by any contractor, nor shall any firm include such expenses as part of the proposed cost. Pre -contractual expenses include any expense incurred by a proposal and negotiating any terms with the City. 2. The City reserves the right to withdraw this RFP at any time without prior notice and to reject any and all proposals submitted without indicating any reasons. Any award of contract for services will be made to the firm best qualified and responsive in the opinion of the City. 3. Proposals may, at the City's option, be rejected if they contain any alterations, additions, conditional or alternatives, are incomplete, or contain erasures or irregularities of any kind. The City reserves the right to reject any and all proposals. 4. The City may waive deviations in any proposal if it is determined to be otherwise responsive, but this shall not modify the proposal document or excuse the Contractor from compliance with contract requirements if the Contractor is awarded a contract. The City expressly reserves the right to reject any and all proposals responding to this RFP without indicating any reason for such rejection(s). 5. The City will evaluate the proposed approach, scope of work, and costs to determine the best value to the City. The lowest priced proposal will not necessarily be selected. 6. All responses to this Request for Proposals (RFP) shall become the property of the City of Diamond Bar and will be retained or disposed of accordingly. 7. No amendments, additions, or alternates shall be accepted after the submission date and time. C! 8. All documents, records, designs, and specifications developed by the selected firm in the course of providing services for the City of Diamond Bar shall be the property of the City. Anything considered to be proprietary should be so designated by the firm. 9. Acceptance by the City of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract for services. 10. The City reserves the right to issue written notice of any change in the proposal submission schedule should the City determine, in its sole discretion, that such changes are necessary. 11. The City may waive deviations in any proposal if it is determined to be otherwise responsive, but this shall not modify the proposal document or excuse the Contractor from compliance with contract requirements if the Contractor is awarded a contract. The City expressly reserves the right to reject any and all proposals responding to this RFP without indicating any reason for such rejection(s). SUBMITTAL FORMAT AND CONTENT 1. Cover Letter. Include your firm's understanding of the work to be performed. In addition, state why your firm believes itself to be the best qualified to perform the services requested. Also, state the Management Contact (Representative authorized to sign an agreement for your firm) and Project Manager (person responsible for day- to-day management of the project). 2. Qualifications. This portion should include a description of the qualifications of the assigned staff and sub -contractors, relevant technical experience, and the availability of the staff for the services provided. After selection of a firm by the City, no substitution of key staff or sub -contractors may occur without the written approval of the City. A list of clients should be included with the name of the contact person and the telephone number for which the firm has recently or currently provides services as outlined under the Scope of Work. 3. Scope of Work. The firm shall describe the proposed work by task. 4. Fee. The City will only consider proposals that include a flat monthly fee option, inclusive of all materials and labor. The fee proposal shall incorporate the following two separate flat fee options: 1) Two (2) service days per week; and 2) Three (3) service days per week. Although the above two fee options are requested for the City's consideration, the final executed Maintenance Services Agreement (Agreement) will commit to only one of said options for the duration of the Agreement (i.e., the City does not intend to 5 amend the number of service days after the contract is executed). Moreover, the executed Agreement will specify only total amount for the term of the Agreement. 5. Acceptance of Conditions. This section will be a statement offering the firm's acceptance of all conditions listed in the Request for Proposal document. Any exceptions or suggested changes to the RFP or any contractual obligations, including the suggested change, the reasons therefore and the impact it may have on cost or other considerations on the firm's behalf must be stated in the proposal. Unless specifically noted by the firm, the City will assume that the proposal is in compliance with all aspects of the RFP. PROPOSAL SCHEDULE • Proposals due at City Hall Friday, May 29, 2015, by 4:00 p.m. • Selection of Consultant at City Council Meeting Tuesday, June 16, 2015 • Start of Services Wednesday, July 1, 2015 CONTRACTOR SELECTION PROCESS Proposal Review: Each proposal will be reviewed to determine if it meets the RFP requirements. Failure to meet the requirements of the RFP will be cause for rejection. The City will consider the following in selecting a contractor: • Response to requested Scope of Services and this RFP; • Professional reputation; • Experience of Contractor; • Qualifications, • Type and amount of equipment; • Number and experience of personnel; • References provided; and • Costs 0 Agenda # 6 .9 Meeting Date: June 16, 201 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council r VIA: James DeStefano, City Manage TITLE: APPROVE THE EXECUTION OF THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES GATEWAY WATER MANAGEMENT AUTHORITY (GWMA) FOR THE IMPLEMENTATION OF THE WATERSHED MANAGEMENT PROGRAM AND COORDINATED INTEGRATED MONITORING PROGRAM FOR THE LOWER SAN GABRIEL RIVER WATERSHED GROUP "LSGRWG". RECOMMENDATION: Approve and authorize City Manager to execute the MOU. FINANCIAL IMPACT: A budget amount of $185,000 has been incorporated into the FY2015-2016 Public Works Department Operating Budget for Environmental Services associated with the approved Watershed Management Program (WMP) as required by the Regional Water Quality Control Board and the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (MS4) Permits. Pursuant to the attached First Amendment to the Memorandum of Understanding and the corresponding exhibits, Diamond Bar is responsible for contributing annually $14,402 for every $100,000 in costs associated with the implementation of the WMP. This means that for costs nearing $500,000 the City can expect to pay $72,010 and for costs nearing $800,000 the City can expect to pay $115,216. This costs matrix is based on a formula that accounts for the percentage of Diamond Bar's jurisdictional land area within the watershed. Due to the fact that the cost estimates continue to be a moving target as we begin the implementation phase of the WMP it was determined that a cost formula with a ratio for every $100,000 in total cost was the best way to incorporate each individual City's financial responsibility. BACKGROUND/DISCUSSION: In October of 2013 the City Council approved the Memorandum of Understanding with the Gateway Water Management Authority (GWMA) to develop the Watershed Management Program (WMP) which identifies the City's plan to prohibit non -storm water discharges that flow through the storm drain system as required by the Regional Water Quality Control Board, Los Angeles Region, National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 ("MS4 Permit") adopted November 8, 2012. The WMP was developed by members of the Lower San Gabriel River Watershed Group (LSGRWG) which include the cities of Artesia, Bellflower, Cerritos, Diamond Bar, Downey, Hawaiian Gardens, La Mirada, Lakewood, Norwalk, Pico Rivera, Santa Fe Springs, Whittier, Long Beach, and the Los Angeles County Flood Control District. In June of 2014, in cooperation with the LSGRWG the WIMP was submitted to the Board. Subsequently, in April 2015 the Cities were notified of the approval of the WMP by the Board. The WMP identified the amount of runoff that must be treated by the entire Lower San Gabriel River Watershed to be 118.6 acre-feet. As required by the permit a Coordinated Integrated Monitoring Program (CIMP) was submitted with the WMP which identifies the locations of the proposed monitoring stations and will further develop the computer model which will refine the required treatment quantities. The projected costs to develop and implement treatment projects to treat 118.6 acre-feet for the entire Lower San Gabriel River Watershed group is estimated at a maximum of $65 Million. For Diamond Bar, of the 118.6 acre-feet of treatment required, 9 acre-feet of treatment will be the sole responsibility for the City based on the Reasonable Assurance Analysis (RAA) computer modeling of the City. The RAA predicts the optimal locations and number of infiltration and other treatment systems. The project costs to treat 9 acre- feet in the next 12-14 year compliance period is approximately $4.9 Million. These costs do not include any land acquisition that may be required to develop the treatment project necessary if public land is not available. In summary, Diamond Bar can expect to pay a total up to $8 Million by 2026 to be in full compliance of the 2012 MS4 Permit requirements. As a result of the approval of the WMP by the Board immediate implementation is required with a goal of full compliance by 2026. Approval of the First Amendment to the MOU with the GWMA will allow Diamond Bar to continue to work with the other permittee agencies in the LSGRWG in the cost sharing of implementation of the WMP. The First Amendment to the MOU adds implementation of the WMP to the scope and purpose of the original MOU and provides a separate cost -share formula for the implementation of the WMP subject to the annual budget approval by Council. The First Amendment to the MOU was reviewed by the City Attorney. PREPARED BY: DATE PREPARED: Kimberly M. Young, Senior Civil Engineer June 9, 2015 INANIA9VA=11Q O David. 06. Director of Public Works Attachment: First Amendment to the Memorandum of Understanding 2 LSGR WMP 05/14/2015 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITIES OF ARTESIA, BELLFLOWER, CERRITOS, DIAMOND BAR, DOWNEY, HAWAIIAN GARDENS, LA MIRADA, LAKEWOOD, NORWALK, PICO RIVERA, SANTA FE SPRINGS, WHITTIER, LONG BEACH, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR ADMINISTRATION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED MANAGEMENT PROGRAM ("WMP") and COORDINATED INTEGRATED MONITORING PROGRAM ("CIMP") AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO. R4-2012-0175 MUNICIPAL SEPARATE STORM SEWER SYSTEM ('MS4 PERMIT") This FIRST AMENDMENT to the memorandum of understanding ("MOU") is made and entered into as of the date of the last signature set forth below, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"), a California Joint Powers Authority, and the Cities of Artesia, Bellflower, Cerritos, Diamond Bar, Downey, Hawaiian Gardens, La Mirada, Lakewood, Norwalk, Pico Rivera, Santa Fe Springs, Whittier, Long Beach ('Cities"), and the Los Angeles County Flood Control District ("LACFCD"): 1. Recitals. This FIRST AMENDMENT is made with respect to the following facts and purposes: A. For the purposes of this First Amendment, the term "Watershed Permittees" shall mean the Cities of Artesia, Bellflower, Cerritos, Diamond Bar, Downey, Hawaiian Gardens, La Mirada, Lakewood, Norwalk, Pico Rivera, Santa Fe Springs, Whittier, Long Beach, and the Los Angeles County Flood Control District; and B. The Watershed Permittees and GWMA are collectively referred to as the "PARTIES": and C. On August 1, 2013, the PARTIES entered into a Memorandum of Understanding between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and the Cities of Artesia, Bellflower, Cerritos, Diamond Bar, Downey, Hawaiian Gardens, La Mirada, Lakewood, Norwalk, Pico Rivera, Santa Fe Springs, Whittier, Long Beach, and the Los Angeles County Flood Control District for Administration and Cost Sharing to Prepare a Watershed Management Program (`WMP") and Coordinated Integrated Monitoring Program ("CIMP"), collectively the "Plans" as required by the Regional Water Quality Control Board, Los Angeles Region, National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit, Order No. R4-2012-0175 Municipal Separate Storm Sewer System ("MOU"); and 12664/0004/1834505-2 LSGR WMP 05/14/2015 D. The Watershed Permittees prepared and submitted the Plans to the Regional Board in compliance with certain elements of the MS4 Permit; and E. The PARTIES now desire to amend the MOU to: (1) add implementation of the Plans to the scope and purpose of the MOU; and (2) provide a separatecost-share formula for the implementation of the Plans, subject to annual budget approval, in accordance with each PARTY'S cost share allocations set forth in Exhibit "Bl" ("Cost Share Formula for Preparation of the Plans") and Exhibit "132" ("Cost Share Formula for Implementation of the Plans") which is attached hereto and made a part hereof; and F. The Parties have determined that authorizing GWMA to hire a consultant to implement the Plans will be beneficial to the Parties; and G. The Parties desire to collaboratively prepare a Scope of Work and Request for Proposals to obtain a consultant to assist the Parties with implementation required by the Plans. The PARTIES agree that the following provisions of the MOU shall be amended as follows: 2. Section 1 of the MOU entitled "Recitals" is hereby amended by adding thereto Recitals A -G of Section 1 of this First Amendment, which is set forth in Section 1 of this First Amendment and incorporated herein as though set forth in full. Section 2 of the MOU entitled "Purpose" is hereby amended to read as follows: "Section 2. Purpose. The purpose of this MOU is to cooperatively support and undertake preparation of the Plans and any additional services, including but not limited to implementation of the WMP and the CIMP, except for construction of regional BMP projects as agreed to by the Watershed Permittees working cooperatively as the Lower San Gabriel River ("LSGR") Watershed Committee and as approved by the GWMA. For the purposes of this MOU, the term "regional BMP projects" does not include individual cities' low impact development ("LID") projects, including LID or Green Streets projects." 4. Section 3 of the MOU entitled "Cooperation" is hereby amended to read as follows: "Section 3. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this MOU. The Watershed Permittees shall prepare a final Scope of Work and Request for Proposals/Qualifications to seek and hire a consultant to assist the Parties with implementation of the Plans, and GWMA shall assist with soliciting proposals from consultants to implement the Plans and shall administer said consultants' contracts." 5. Section 6 of the MOU entitled "Term" is hereby amended to read as follows: "Section 6. Term. This MOU shall remain and continue in effect until September 30, 2020, unless sooner terminated as provided herein." 12664/0004/1834505-2 LSGR WMP 05/14/2015 6, Section 8 of the MOU entitled "Role of the GWMA" is hereby amended in its entirety to read as follows: "Section 8. Responsibilities of the Parties. a) Responsibilities of the GWMA. The GWMA agrees to: (i) solicit proposals for preparation and implementation of the Plans; (ii) administer the selected consultants' ("Consultants") contracts in accordance with the Scopes of Work prepared by the Watershed Permittees; and (iii) serve as a conduit for paying the Consultants, as approved and funded by the Watershed Permittees. b) Responsibilities of the LSGR Watershed Committee. The LSGR Watershed Committee agrees to: i. LACFCD Facilities/Mass Emissions Stations. Obtain any necessary permits from LACFCD for access to and construction within LACFCD storm drains, channels, catch basins, and similar properties ("Facilities"), and provide written notice 72 hours in advance of entry to LACFCD's Facilities. If approved by the GWMA, fhe GWMA may obtain this permit as identified above. ii. Supervise Consultants. Supervise the Consultants' preparation and implementation of the Plans. iii. Submit reports to the Regional Board as described in the Plans and distribute copies of the reports to the Watershed Permittees prior to submittal to the Regional Board for review and comment. The LSGR Watershed Committee will provide the Watershed Permittees with an electronic copy of the draft CIMP Annual Report and completed CIMP Annual Report within seven (7) business days after receipt from the Consultants. In addition, the LSGR Watershed Committee will make available to the Watershed Permittees the data used to prepare the reports. This data will be available electronically in a Microsoft Excel or equivalent format that contains the table structure and syntax agreed upon by the LSGR Watershed Committee. C) Responsibilities of the Los Angeles County Flood Control District ("LACFCD"). LACFCD agrees to: i. LACFCD Mass Emissions Station ("MES") Monitoring. Provide available monitoring data from the existing Coyote Creek MES, owned and operated by the LACFCD. Data shall be limited to water column chemistry and aquatic toxicity. 12664/0004/1834505-2 LSGR WMP 05/14/2015 ii. Access to LACFCD Facilities/Mass Emissions Stations. To grant access to the LSGR Watershed Committee and/or the GWMA, and its Consultants to LACFCD Facilities, including LACFCD's Coyote Creek MES, to achieve the purposes of this MOU, provided the LSGR Watershed Committee and its CONSULTANT obtain a permit and provide written notice 72 hours in advance of entry to LACFCD's Facilities. Access permits will be issued by the LACFCD at no cost to the Parties and their Consultants. Permits for construction or installation of structures in LACFCD right of way will incur fees to cover the cost of review, inspection, etc. by LACFCD. d) Responsibilities of the Watershed Permittees. The Watershed Permittees agree to: Documentation. To make a full -faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession and available for release to the Consultants that is deemed necessary by the Parties to implement the Plans. ii. Access. Each Watershed Permittee will allow reasonable access and entry to the Parties and their Consultants, on an as needed basis during the term of this MOU, to each Watershed Permittee's Facilities to achieve the purposes of this MOU, provided, however, that prior to entering any of the Watershed Permittee's Facilities, the Consultants shall obtain a permit and provide written notice 72 hours in advance of entry from the applicable Watershed Permittee. iii. Permit. The Watershed Permittees will make a full -faith effort to work with the Consultants to obtain all necessary permits for installation of permanent infrastructure or modifications to stormwater monitoring sites within each Watershed Permittee's I urisdiction." 7. Section 9 of the MOU entitled "Financial Terms" is hereby amended to read as follows: "Section 9. Financial Terms. a) Each Watershed Permittee shall pay its Proportional Costs as provided in Exhibit "Bl" ("Cost Share Formula for Preparation of the Plans") and Exhibit "B2" ("Cost Share Formula for Implementation of the Plans") for Consultants and any other related expenses to which the Parties may agree in writing. b) Watershed Permittees tributary to Reach 3 and San Jose Creek will be responsible for any additional costs due to Reasonable Assurance Analysis, monitoringand preparation of any WMP addenda for their individual 12664/0004/1834505-2 LSGR WMP 05/14/2015 tributary areas as provided in Exhibit "Bl" ("Cost Share Formula for Preparation of the Plans") and Exhibit "132" ("Cost Share Formula for Implementation of the Plans"). C) Each Watershed Permittee shall also pay its proportional share of GWMA's staff time for retaining Consultants and invoicing the Watershed Permittees, audit expenses and other overhead costs, including reasonable legal fees ("MOU Costs") incurred by GWMA in the performance of its duties under this MOU. GWMA shall add a percentage not to exceed three percent (3%) to each invoice submitted to each Watershed Permittee to cover each Watershed Permittee's share of the MOU Costs. The MOU Costs percentage shall be set each fiscal year by a vote of the GWMA Board. d) GWMA shall submit an invoice to each Watershed Permittee upon selection of Consultants reflecting each Watershed Permittee's estimated Proportional Costs of the Consultants' services through the following June 30th. Prior to releasing payment to Consultants, GWMA shall submit a copy of the Consultants' invoices to the LSGR Watershed Committee for approval. The decision regarding whether to pay the invoice shall be communicated to the GWMA by the Representative. e) Upon receiving the first and each subsequent invoice, each Watershed Permittee shall pay its Proportional Costs set forth in that invoice to the GWMA within forty-five days (45) days of receipt. f) By March 15th of each year, commencing March 15, 2015, the LSGR Watershed Committee shall submit to GWMA a recommended budget for the following fiscal year. GWMA shall consider the recommendation and adopt a budget by June 30th inclusive of the LGSR Watershed Committee's recommendation. GWMA will send each Watershed Permittee no later than June 30th of each year an invoice representing the Watershed Permittee's Proportional Costs of the adopted budget. GWMA shall not expend funds in excess of each annual budgeted amount without prior notification to and approval by the LSGR Watershed Committee. g) Each Watershed Permittee shall review their recommended Proportional Costs for the upcoming fiscal year in a timely manner for inclusion in its next budget cycle or exercise the withdrawal and termination clause as specified in Section 12.a) of the MOU. h) A Watershed Permittee will be delinquent if the invoiced payment is within the budgeted amounts or the amounts authorized by the LSGR Watershed Committee and such invoiced payment is not received by the GWMA within forty-five (45) days after the GWMA first sent the invoice. The GWMA will follow the procedure listed below, or such other procedure that the LSGR Watershed Committee directs to effectuate payment: 1) verbally contact the 12664/0004/1834505-2 LSGR WMP 05/14/2015 official of the Watershed Permittee with copies to each other Watershed Permittee to the person and at the address to which notices should be addressed pursuant to Section 13 of the MOU, and 2) submit a formal letter from the GWMA Executive Officer to the Watershed Permittee. If payment is not received within sixty (60) days following the due date, the GWMA may terminate the MOU unless the City Managers/Administrators of the Watershed Permittees in good standing inform the GWMA in writing that their respective Watershed Permittees agree to adjust their Proportional Cost allocations in accordance with the Cost Share Formulas in Exhibit "Bl" ("Cost Share Formula for Preparation of the Plans") and Exhibit "B2" ("Cost Share Formula for Implementation of the Plans"). The terminated Watershed Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. i) GWMA shall suspend all work being performed by any Consultants retained by GWMA if any Watershed Permittee has not paid its invoice within forty five (45) days after the GWMA first sent the invoice unless the City Managers/Administrators of the other Watershed Permittees inform the GWMA in writing that their respective Watershed Permittees will pay the delinquent Watershed Permittee's costs once the MOU with the delinquent Watershed Permittee has been terminated. j) Any delinquent payments by a Watershed Permittee shall accrue compound interest at the then -current rate of interest in the Local Agency Investment Fund, calculated from the first date of delinquency until the payment is made. k) Funds remaining in the possession of the GWMA at the end of the term of this MO.U, or at the termination of this MOU, whichever occurs earlier, shall be promptly returned to the then remaining Watershed Permittees in accordance with the Cost Share Formulas in in Exhibit "B1" ("Cost Share Formula for Preparation of the Plans") and Exhibit "B2" ("Cost Share Formula for Implementation of the Plans"). 8. Paragraph a) of Section 12 of the MOU entitled "Termination" is hereby amended to read as follows: "a) A Watershed Permittee may withdraw from this MOU for any reason, or no reason, by giving the other Watershed Permittees thirty (30) days written notice thereof. The effective withdrawal date shall be the thirtieth (30th) day after GWMA receives the withdrawing Watershed Permittee's notice to withdraw from the MOU. The withdrawing Watershed Permittee shall be responsible for its Proportional Costs and proportional MOU Costs, which the GWMA incurred or to which it became bound through the effective date of withdrawal. Such MOU Costs shall include the remaining fees of any Consultant retained by the GWMA through the effective date of withdrawal. Should any Watershed Permittee withdraw from the MOU, the remaining Watershed Permittees' Proportional Cost allocation shall be adjusted in accordance with the Cost Share Formulas in Exhibit "B1" 6 12664/0004/1834505-2 LSGR WMP 05/14/2015 ("Cost Share Formula for Preparation of the Plans") and Exhibit "B2" ("Cost Share Formula for Implementation of the Plans"). A withdrawing Watershed Permittee shall remain liable for any loss, debt, liability otherwise incurred while participating in this MOU." 9. Exhibit "B" ("Cost Sharing Formula") of the MOU shall be renamed "Exhibit `B1"'("Cost Sharing Formula for Preparation of the Plans"). 10. A new Exhibit"B2" ("Cost Sharing Formula for Implementation of the Plans") is hereby added to the MOU to read as set forth in Exhibit "B2" to this First Amendment, which is attached hereto and incorporated herein as though set forth in full. 10. Except for the changes specifically set forth herein, all other terms and conditions of the MOU shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: 12664/0004/1834505-2 LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY Chris Cash GWMA Chair LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF ARTESIA Mr. William Rawlings City Manager 18747 Clarkdale Avenue Artesia, CA 90701 William Rawlings City Manager ATTEST: APPROVED AS TO FORM: Gloria Considine Kevin G. Ennis City Clerk Legal Counsel 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF BELLFLOWER Mr. Jeffrey L. Stewart City Manager City of Bellflower 16600 Civic Center Drive Bellflower, CA 90706 ATTEST: Jeffrey L. Stewart City Manager APPROVED AS TO FORM: Debra D.Bauchop Joseph W. Pannone City Clerk City Attorney 0 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF CERRITOS Mr. Art Gallucci City Manager P.O. Box 3130 Cerritos, CA 90703-3130 Art Gallucci City Manager ATTEST: APPROVED AS TO FORM: Vida Barone City Clerk 12664/0004/1834505-2 Mark Steres City Attorney 10 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF DIAMOND BAR Mr. James DeStefano City Manager 21810 Copley Drive Diamond Bar. CA 91765 Jim DeStefano City Manager ATTEST: APPROVED AS TO FORM: Tommye A. Cribbins David DeBerry City Clerk City Attorney 11 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF DOWNEY Mr. Gilbert A. Livas City Manager 11111 Brookshire Avenue Downey, CA 90241 Gilbert A. Livas City Manager ATTEST: APPROVED AS TO FORM: Adria M. Jimenez, C Yvette M. Abich Garcia City Clerk City Attorney 12 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF HAWAIIAN GARDENS Mr. Ernesto Marquez City Manager 21815 Pioneer Blvd Hawaiian Gardens, CA 90716 Ernesto Marquez City Manager ATTEST: APPROVED AS TO FORM: Sue Underwood Omar Sandoval City Clerk City Attorney 13 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF LA MIRADA Mr. Jeff Boynton City Manager 13700 La Mirada Blvd La Mirada, CA 90638 Jeff Boynton City Manager ATTEST: APPROVED AS TO FORM: Anne Haraksin James Markman City Clerk Legal Counsel 14 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF LAKEWOOD Mr. Howard L. Chambers City Manager 5050 Clark Avenue Lakewood, CA 90712 Howard L. Chambers City Manager ATTEST: APPROVED AS TO FORM: Jo Mayberry Steve Skolnik City Clerk City Attorney 15 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF LONG BEACH Mr. Patrick H. West City Manager 333 West Ocean Boulevard, 13u' Floor Long Beach, CA 90802 Patrick H. West City Manager ATTEST: Poonam Davis City Clerk 12664/0004/1834505-2 APPROVED AS TO FORM: Charles Parkin City Attorney Deputy City Attorney 16 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF NORWALK Mr. Michael J. Egan City Manager 12700 Norwalk Blvd Norwalk, CA 90650 Michael J. Egan City Manager ATTEST: APPROVED AS TO FORM: Theresa Devoy Steve Skolnik City Clerk Legal Counsel 17 12664/0004/1834505-2 LSGR WMP 05/14/2015' IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF PICO RIVERA Mr. Rene Bobadilla, P.E. City Manager 6615 Passons Boulevard Pico Rivera, CA 90660 Rene Bobadilla, P.E. City Manager ATTEST: APPROVED AS TO FORM: Anna M. Jerome Arnold M. Alvarez-Glasman City Clerk City Attorney M 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF SANTA FE SPRINGS Mr. Thaddeus McCormack City Manager 11710 Telegraph Road Santa Fe Springs, CA 90670 Thaddeus McCormack City Manager ATTEST: APPROVED AS TO FORM: Anita Jimenez Steve Skolnik City Clerk City Attorney 19 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: CITY OF WHITTIER Mr. Jeffery W. Collier City Manager 13230 Penn Street Whittier, CA 90602 Jeffery W. Collier City Manager ATTEST: APPROVED AS TO FORM: Kathryn A. Marshall Richard D. Jones City Clerk -Treasurer City Attorney 20 12664/0004/1834505-2 LSGR WMP 05/14/2015 IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to be executed on their behalf, respectively, as follows: DATE: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT County of Los Angeles Department of Public Works Watershed Management Division,llth Fl. 900 South Fremont Avenue Alhambra, CA 91803-1331 Chief Engineer APPROVED AS TO FORM: Mark J. Saladino County Counsel Deputy 21 12664/0004/1834505-2 Cost Share Formula for Implementation of the Plans The Watershed Permittees and the LACFCD agree to pay for the cost of implementation of the WMP and CIMP, following this cost sharing allocation. Cost Sharing Formula beginning July 1, 2015 through September 30, 2020. Agency Area (sq mi) 80% of cost proportioned based on area 20% of cost proportioned equally TOTAL Per Agency TOTAL Per Agency TOTAL Per Agency Artesia 1.62 $1,408 $1,462 $2,869 $14,347 $22,955 Bellflower 1.9 $1,651 $1,462 $3,113 $15,564 $24,902 Cerritos 8.82 $7,665 $1,462 $9,127 $45,634 $73,014 Diamond Bar 1 14.89 $12,940 $1,462 1 $14,402. $72,010 $115,216 Downey 6.62 $5,753 $1,462 $7,215 $36,074 $57,718 Hawaiian Gardens 0.96 $834 $1,462 $2,296 $11,479 $18,367 La Mirada 7.84 $6,813 $1,462 $8,275 $41,375 $66,200 Lakewood 2.02 $1,756 $1,462 $3,217 $16,085 $25,736 Long Beach 3.34 - $2,903 $1,462 $4,364 $21,821 $34,914 Norwalk 9.76 $8,482 $1,462 $9,944 $49,718 $79,549 Pica Rivera 6.14 $5,336 $1,462 $6,798 $33,988 $54,381 Santa FeSprings 8.88 $7,717 $1,462 $9,179 $45,894 $73,431 Whittler 14.66 $12,741 $1,462 $14,202 $71,010 $113,617 Sub -Total 87.45 $76,000 $19,000 $95,000 $475,000 $760,000 LACFCD* Contribute 5% of total $5,000 $25,000 $40,OOD Total $100,000 $500,000 $800,000 *The LACFCD agrees to pay its proportional share of costs of preparing and implementing the Plans and other related costs to be incurred by the GWMA in accordance with the above Cost Share Formula for an annual not - to -exceed amount of $100,000. From time to time special studies will be conducted and LACFCD's contribution for those studies will be up to 10%. NOTES: • Cal Trans and other agencies may participate upon approval of costsharing agreements by the LSGR Watershed Committee and GWMA. Future participants may be assessed a late entry cost as if they had been a participantfrom the beginning of the Metals TMDL MOU, as of March 1, 2012, unless otherwise determined by the LSGR Watershed Committee. • Watershed Permittees and the cost share are subject to modifications due to, but not limited to, changes in the number of participating agencies, refinements in mapping, and changes in boundaries. Page 22 12664/0004/1834505-2 Agenda #6 . 10 Meeting Date: Junes 1 6,201 S TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana ' ^'' U TITLE: Resolution Denying the Appeal and Affirming the Planning Commission's Decision to Deny Conditional Use Permit (CUP) No. PL2014-518 (Cell Site at Maple Hill Park) APPELLANT/ APPLICANT: Len Jensen, Cortel (for T -Mobile West Corporation) 29039 Oak Creek Road, Menifee, CA 92584 PROJECT LOCATION: 1355 S. Maple Hill Road (Maple Hill Park), Diamond Bar, CA 91765 (Los Angeles County Assessor's Parcel Number 8293-030-900) SUMMARY: On June 2, 2015, the City Council conducted a duly noticed public hearing regarding an appeal of the Planning Commission's decision to deny a request for a Conditional Use Permit to allow the installation of a new wireless telecommunications facility at a public park. The City Council received public comments, discussed the matter, and voted 5-0 to direct staff to prepare a resolution to deny the appeal and affirm the Planning Commission's decision to deny the request based on prescribed findings. The attached resolution contains written findings for denial of the appeal and affirms the Planning Commission's denial of a request to allow the installation of a new wireless telecommunications facility at Maple Hill Park. Staff recommends the City Council adopt the attached resolution denying the appeal and affirming the Planning Commission's decision to deny Conditional Use Permit No. PL2014- 518 based on the findings contained therein. Prepared by: Reviewed by: Josue Espino Greg Gubman, AICP Assistnt Planner Community Development Director Attachment: City Council Resolution No. 2015 -XX Appeal of CUP No. PL 2014-518 Page 2 • • a • • - • -r•• • • • .r :• 0r A. RECITALS 1. Cortell, LLC, agent for T -Mobile West Corporation, filed an application for a Conditional Use Permit No. PL 2014-518 to allow the installation of a new wireless telecommunications facility at a public park (Maple Hill Park), Diamond Bar, County of Los Angeles, California. The proposed wireless telecommunications facility would consist of 12 panel antennas, three (3) remote radio units (RRUs), and a 24 -inch diameter microwave dish antenna on a 65 - foot tall monopine structure and associated above -ground equipment cabinets proposed to be located within a 288 square -foot area consisting of a 9'-5" high, 220 square -foot split face block enclosure structure. The proposed 65 -foot tall monopine structure would be located on top of a landscaped knoll on the southeast side of the tennis courts within the park. Improved picnic areas are located to the east of the tennis courts near the proposed locations of the monopine and equipment cabinet structure. When viewed from the street, the proposed monopine would appear to be located within a cluster of existing deciduous trees. Hereinafter in this Resolution, the proposed Conditional Use Permit and new wireless telecommunications facility are collectively referred to as the "Project." 2. The subject site is a 5.43 gross acre public park (Maple Hill Park) owned by the City of Diamond Bar. The property is legally described as a Portion of Lot 93 of Tract 31038, and the Assessor's Parcel Number (APN) is 8293-030-900. It is located in the Low Medium Density Residential (RLM) zone with an underlying General Plan land use designation of Park. Maple Hill Park is surrounded on three sides by single-family residential homes and by Maple Hill Elementary School to the east, and its amenities are frequently used by residents of the surrounding residential neighborhoods and students from Maple Hill Elementary School. 3. The applicant has no legal interest in the property on which the proposed Project would be located. The City Manager of the City of Diamond Bar initially consented to the filing and processing of the Project by the applicant, upon 1094222.1 condition that, should the proposed Project be approved, the applicant would still need to obtain the City Council's consent for use of Maple Hill Park and to enter into a mutually acceptable license with the City. 4. On March 10, 2015, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, discussed the matter, concluded said hearing on that date, and voted unanimously to direct City staff to prepare a Resolution denying the application for Conditional Use Permit No. PL 2014-518 based on the facts and information contained in the oral and written record. 5. On March 24, 2015, the Planning Commission of the City of Diamond Bar adopted Resolution No. 2015-06, denying the requested Project. A copy of Planning Commission Resolution No. 2015-06 is on file in the office of the City Clerk, was concurrently submitted in the agenda materials for this matter, and is included within the administrative record of the proceedings reviewed by the City Council. 6. By letter to the applicant, on April 2, 2015, executed by the City Manager, the City, as property owner of the park, rescinded its consent for authorization to pursue the Project. 7. On April 3, 2015, the applicant filed an appeal of the Planning Commission's decision to deny the Project. 8. On May 21, 2015, public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site, and on May 22, 2015, the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. 9. On June 2, 2015, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 10. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth below, and upon the facts findings and reasons set forth in Planning Commission Resolution No. 2015-06, 1094222.1 the Applicant's appeal is hereby denied, the Planning Commission's decision is affirmed, and Conditional Use Permit No. PL 2014-518 is hereby denied. 3. Because the application is denied, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15270(a) of the CEQA Guidelines. Based upon the totality of the information provided and substantial evidence in the administrative record, the City Council finds and determines as follows: 1. The City Manager has withdrawn the City's consent for the applicant to process the application. The City Manager was authorized to withdraw that consent and the City Council hereby affirms and ratifies the City's withdrawal of consent. The City of Diamond Bar owns the subject site on which the Project is proposed to be located and without the property owner's consent and without a license agreement as between the City and the Applicant for the use of City property, the Applicant has no authority to construct the Project. The Applicant is not an owner of the property, is not a lessee of the property, and has not contracted to purchase or lease the property contingent upon acquisition of necessary permits from the City. Accordingly, the Applicant is no longer within the categories of persons authorized to pursue an application for a land use permit pursuant to Diamond Bar Municipal Code (DBMC) Section 22.44.030 or real property law. On this basis alone the Project is denied. 2. The City Council concurs with the Planning Commission's determination and comments received during the public hearing, that due to its size, type and location, the proposed wireless telecommunications facility will not be compatible with the public's use of Maple Hill Park for park purposes or with the surrounding residential land uses. Maple Hill Park was acquired by the City with a deed restriction that it be used solely for park purposes. While permitting cell towers in public parks may further a park purpose, for instance, the revenue generated is used to help maintain the park, cell towers should be sited so that they don't interfere with the use of the park by the public. The City Council concludes that the proposed type and size of wireless telecommunications facility proposed is inappropriate for the proposed location within Maple Hill Park and inconsistent with the deed restricting the City's use of Maple Hill Park for park purposes due to the relative small size of Maple Hill Park and testimony from the public during the hearing that the area proposed for the Project is used by the public. On this basis alone the Project is denied. 3. The Applicant's evidence that there was a significant gap in the ability of remote users of Applicant's service to access the national telephone network was rebutted by the public testimony. In particular, the public presented maps from Applicant's own website which contradicted the coverage maps presented by the Applicant. The coverage maps produced during the public testimony show that the Applicant is representing on its website that it has connectivity in most homes as verified by customer data. The Applicant did not produce any evidence of the call failure rate within its alleged significant 1094222.1 gap area. Therefore, the evidence was inconclusive as to whether there was in fact a significant gap in Applicant's coverage. 4. Based on the above, the following three (3) findings required for approval of a Conditional Use Permit pursuant to DBMC Section 22.58 cannot be made: "3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;" "4. The subject site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints;" and "5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located." The facts and reasons supporting this determination include the following The proposed new freestanding wireless telecommunications facility would be located in Maple Hill Park. Maple Hill Park is a relatively small, but intensively used, 5.43 -acre Public Park containing many amenities, including tennis courts, picnic areas, playground equipment and open fields. Maple Hill Park is surrounded on three sides by single-family residential homes and by Maple Hill Elementary School to the east, and, according to testimony provided at the public hearing, its amenities are frequently used by residents of the surrounding residential neighborhoods and students from Maple Hill Elementary School. The proposed 65 -foot monopine would be highly visible to users within the park and some of the residential properties adjacent to the park. Although the proposed monopine would appear to be located within a cluster of existing natural trees when viewed from the street, these trees are of deciduous varieties and there are no existing pine trees or other trees of an evergreen variety located near the location of the proposed monopine to act as screening material during periods when the surrounding trees have no leaves. As a result, the proposed 65 -foot monopine would stand out, especially in winter months, and would not blend into the surroundings or be adequately screened from the view of park users or surrounding residential properties. In addition, the location of the proposed monopine and block wall enclosure structure would be near to areas at which people congregate and that are frequently used by the public, including a picnic area frequently used by park patrons for birthday parties and other gatherings. The proposed facilities would be highly visible from these areas. In sum, the Project is not the least intrusive feasible means for the provision of cell service. The proposed monopine is too prominent to be located in Maple Hill Park, which is a relatively small neighborhood park immediately adjacent to 1o9422ai residential uses. The City has previously approved the installation of wireless telecommunications facilities in three otherpublic parks within the City: Peterson Park, Pantera Park, and Diamond Bar Center, but each of these three other parks are larger than Maple Hill Park and the types of wireless telecommunications facilities approved are of a different character than the proposed Project. For instance, the wireless telecommunications facilities located in Peterson Park (16.5 gross acres) and Pantera Park (23 gross acres) are co -located near the top of sports field light poles, 80 feet tall or higher, at the perimeter of associated ball fields and do not involve artificial tree structures. Additionally, the equipment enclosures are located in secluded areas, away from intensively used space at the respective parks. As noted, these parks are over triple and quadruple the size of Maple Hill Park and are capable of aesthetically integrating wireless facilities. At Diamond Bar Center, there are two 45 -foot tall "monoelms" containing co -located facilities located at the northern edge of a far-off parking area, not adjacent to high volume usage areas. The proposed 65 -foot mono -pine is significantly taller than the monoelms located at the Diamond Bar Center and would have a significantly greater visual impact than the facilities co -located on light poles at Peterson Park and Pantera Park, as well as the monoelms at the Diamond Bar Center. Residents in the neighborhood and/or active users of Maple Hill Park indicated the Project would spoil the aesthetics of the neighborhood park and would interfere with the use of the park by the public because the Project is proposed in areas currently used by the public and are not set off in remote locations. Pursuant to DBMC Section 22.42.130, "the extent to which the proposed facility blends into the surrounding environment, " "the extent to which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings, or other structures, " and "the total size of the proposed facility, particularly in relation to surrounding and supporting structures" are all factors the City is required to consider in evaluating an application for a Conditional Use Permit for a wireless telecommunications facility. Based on the facts stated above, the City Council concurs with the Planning Commission's determination that all three of these factors suggest that the proposed type and size of wireless telecommunications facility proposed is inappropriate for the proposed location within Maple Hill Park and dictate against approving the proposed Conditional Use Permit. 1094222.1 The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to the Appellant: Len Jensen, Cortel (for T -Mobile West Corporation), 29039 Oak Creek Road, Menifee, CA 92584 Unless otherwise provided, each and every one of the findings and conclusions in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and conclusions constitute the independent findings and conclusions of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. Unless otherwise provided, all summaries of information in this Resolution are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. APPROVED AND ADOPTED THIS 16th DAY OF JUNE 2015, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M Steve Tye, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 16th day of June 2015, by the following vote: AYES: Council Member: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: ATTEST: 10942221 Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL Agenda # Meeting Date. 6.11 June 16, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Adopt Resolution No. 2015-XXJA', proving a Five -Year Enterprise Agreement with Microsoft Corporation through Compucom for Software Licenses; and, Authorize the City Manager to execute the Agreement in an amount not to exceed $100,000. (Approximately $20,000 per year, over a five (5) year agreement.) Recommendation: Adopt and Authorize. Budget/Financial Impact: There are sufficient funds in the proposed FY15-16 budget for this expenditure. Additional appropriations will be requested annually as part of the normal budget process. Discussion: As part of its technology procurement practices, the City typically upgrades and deploys core City software in a timeframe that keeps the versions at, or near, current commercial release versions. This practice is necessary to ensure critical systems are kept current with security -related and product feature improvements. In the previous 10 years, the City of Diamond Bar (City) has executed successive 5 -year Enterprise Agreements with Microsoft for their software products, using the then current CCISDA EA agreement. These agreements have saved the City money through volume purchasing and greatly simplified licensing by only requiring a single transaction to acquire licenses for the City. This agreement will provide the City with the legal right to continue to receive the current version of Microsoft products used by the City, including our Exchange Server, Windows Servers, and SQL Servers. The City's Microsoft inventory includes 25 Windows-based servers including 15 operating Microsoft based SQL server databases, and 85 individual workstations running Microsoft Windows 7 operating systems and Microsoft Office 2013 productivity suite. The Microsoft Enterprise Agreement ("EX) offers two options: three (3) year and five (5) year terms. By opting for the (5) year term, we are receiving price -protection forithe full 5 years. If Microsoft increases the licensing costs for any of the covered products over the next five years, it will not affect us. The City's membership in the Municipal Information Association of California (MISAC) allows the purchase of the licensing agreement using the lowest cost purchasing vehicle available to us, commonly known as the California Counties Information Systems Directors Association (CCISDA) EA Agreement. This agreement is competitively bid and managed by the County of Riverside. Riverside County serves as the procuring agency for all CCISDA & MISAC members, and other State Agencies. Currently Riverside County has awarded the contract to CompuCom Systems, Inc. (RIVCO-20800-002-12/15) who serves as the contract administrator. Typically Microsoft offers government EA customers' volume discounts in four tiers A -D. Tier D is reserved for VERY LARGE enterprises such as the Federal Government, which have over 150,000 workstations. Under the CCISDA EA Agreement we will receive pricing that is 7.5% LOWER than Tier "D' pricing which represents a significant savings of over $85,000 from what a City of our size would normally be charged, during this agreement period. Therefore, we are requesting council authorization to participate in the "other government purchasing program" commonly known as the CCISDA EA agreement. Per, the Diamond Bar Municipal Code - CHAPTER 3.24. - PURCHASING ORDINANCE - Sec. 3.24.070. - Exceptions to purchasing procedure. (4) Other exceptions. When, in the opinion of the purchasing manager or purchasing agent, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, the purchasing manager or purchasing agent shall so advise the city council. Acquisition of any such supplies, materials, personal property or equipment by the state department of general services or other government purchasing program may be authorized by resolution of the city council. It is recommended that the City Council authorize the participation in the "other government purchasing program" commonly known as the CCISDA EA agreement and the related expenditures, and allow the City Manager to execute any needed contract documents. Prepared by: Ken Desforges, Director Information Systems Attachments: 1. Resolution No. 2015 -XX 2. Riverside County Request for Quote #PUARC-1200 — Microsoft Enterprise License 3. County of Riverside Contract with CompuCom Systems, Inc. (RIVCO-20800-002-12/15) 4. Microsoft Volume Licensing — Enterprise Agreement — State and Local 5. Microsoft Volume Licensing — Program Signature Form (Executed by Riverside County) 6. Microsoft Volume Licensing — Enterprise Agreement Amendment (Establishing the Level D - 7.5% pricing) 7. CompuCom — Software Quote (specific to Diamond Bar's products.) 3 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING A FIVE-YEAR ENTERPRISE AGREEMENT WITH MICROSOFT CORPORATION THROUGH COMPUCOM FOR SOFTWARE LICENSES WHEREAS, the City of Diamond Bar intends to purchase licenses to utilize software products from Microsoft Corporation through the government procurement process conducted by the County of Riverside and managed by CompuCom; and WHEREAS, Section 3.24.070(b)(4) of the Diamond Bar City Code provides that, "When, in the opinion of the purchasing manager or purchasing agent, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, the purchasing manager or purchasing agent shall so advise the city council."; and WHEREAS, the City Council may approve the purchasing of products and services through such other government purchasing program by resolution; and WHEREAS, the Director of Information Systems and the City Manager as Purchasing Agent have recommended approval of Microsoft Corporation Enterprise Agreement for the purchase of software product licenses required for the City's information systems for a term of five years pursuant to the government procurement process conducted by the County of Riverside. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar_ does hereby find, resolve and determine as follows: Section 1. That the Mayor and members of the City Council of the City of Diamond Bar approve the participation in the "other government purchasing program" and a five-year enterprise agreement with Microsoft Corporation through CompuCom for software licenses in the amount not to exceed $20,000 per year. Section 2. The City Manager is hereby directed and authorized to take all necessary actions to implement the enterprise agreement, including but not limited to, the signing of contracts, agreements, and other related documents. Section 3. The Mayor is hereby authorized to affix his signature to this Resolution signifying its adoption, and the City Clerk is directed to attest thereto. Passed, Approved and Adopted on the 16"' day of June, 2015. Steve Tye Mayor ATTEST: Tommye Cribbins City Clerk 1094408.1 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 16"' day of June, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Tommye Cribbins, City Clerk City of Diamond Bar 2 1094408.1 SR No, 14-065 Attachment 2 County of Riverside Request for Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/2011@1:30 P.M. Microsoft Enterprise License u M �- r 91 y 8/ By: Ines Mark Riverside County Purchasing & Fleet Services 2980 Washington Street Riverside, CA 92504-4647 Telephone: (951) 955-4937 Email: imark@co.riverside.ca.us N iGP Code(s):20800, 20811 Form # 116-101 RFO Public Purchase Revision 04/12/11 299 SIR No. 14-065 Attachment 2 County of Riverside Request. for. Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/20111 1:30 P M INSTRUCTIONS TO BIDDERS L Vendor Rentstrafion - Unless stated -elsewhere in: this document, vender mustregister online at wavwi'urehasingbo:riveraide oa-as .and Ixltn //httn9(www publicpurcfiase cmrJ/vx7th all current Vendor information, to be registered on the County's database, IL. For all RFQ's Riverside County's Purchasing website will post a letter of notification on Its webabe, and will provideadirect link to PubliePurchase.eom. Ill. Format- Use the electronic formal provided by PublicPuroblec_cont. Ifsubmittingmoredam one bid, separate the bid` documents. 1V. PCICm27DeliyerYtTerms/Iax - All pricing shalt be quoted F.O.B. destination, (e,g., cash octets less than 20 days should be: considered net): excluding. applicable tax, which is a separate line item.. The County reserves the right to designatemethod of height. Tire County pays CaliforniaSalesTax and is exempt from Federal excise tar In the event of an extension error, the unit price shall prevail: V. Other Terms and conditions- The terms and conditions as indicated in this :document and/or attached are hereby included with fall force and like effect as Tat Punts heircim Copies ofdia applicable Temts and Conditions may be obtained by contacting Riverside County Purchasing at the number shown above and requesting copy tie based or mailed to you - VI, Period of Firm Pricing - Unless stated othenvige elsewhere in: this document, prices shall be firm for 90 days after the closing date, andpriortown award ng made, ViL Specifictrom/Chis - Wherever brand: names are used, the words. "or equal' shalt be considered to appear and be a part of the specification. If you are quoting mother make or model; dross out our nomnclaarra and insert yours. if no make or model is stipulated, insert yours, Attach applicable specifications and/or brochures= Variations in manufacturers, design, e(c., may be acceptable, bidders are encouraged to offer them as alternatives; however, the County reserves the right to reject those:. alternatives as non-responsive. Ynl, Recycled Material - Wherever possible, the. County of Riverside is looking for items made from, or Containing in part, recycled material. Bidders are encouraged' to bid items containing recycled material as an alternative for the items specified, however: the County ;reserves the right to reject those alternatives as non-responsive IX: Method of Award - The County reserves the right to reject any or all offers, to waive my discrepancy -or technicality and to split or make the award in my manner determined by the County to be most advarnageous to the County. The County recognizes that prices are only one of several criteria to be used is] judging an offer and the County is not legally bound to accept the lowest offer. X, Return of Bid/Closing Date/Return to -'Che bid response shall be submitted electronically to PubliePurchase oom by L30 ii,mon the closing date listed above. Bid responses not received by County Purchasing;. by the closing data and time indicatedabovewill not be accepted The County will not be responsible forandwill not except late bids due to slow interact connection, or incomplete transmissions. XI Local Preference The County of Riverside has adopted a local preference progrzrnfor those bidders: located within the. County of Riverside. A five percent :(5%) price preference maybe applied to the total bid price during evaluationof the bid responses, To qualify as a local business, the business must have fixed offices within the geographical baundades of Riverside County and must credit all sates taxes paid resulting from this RFQ to that Riverside County :location. or XII. Disabled Veteran Business Enterprise Preference - The County of Riverside Inas implemented Disabled Veteran Owned Business preference policy..A three percent (3%) preferences shall be applied to the total bid price of all quoles/bids/pioposals received by the County help certified disabled veterans owned businesses. IF the bid is submitted byanon.Disabled Vetoran owned business, but lists subcontractors drat are identified acrd qualified as Disabled Owned Business; the total bid price will be: adjusted by 3%ofthe value of that subcontractor's portion of the bid. IF CHECKED, THE. FOLLOWING DOCUMENTS HEREBY MADE PART OF THIS. RFQ X APPENDIX 'A" —PLANS/DRAWINGS _SAMPLES X EXHIBITS (A) X ATTACHMF,NT(Product List) _#116-110 Special Conditions/Response: 0116-130 Equipment Information Sheet X#116-260 Lout Business Qualification Affidavit #116-310 Bm Implate Contract IF CHECKED, THE FOLLOWING GENERAL CONDITIONS ARE INCLUDED WITH FULL FORCE AND LIKE EFFECT AS IF SET FORTH HEREIN X #116-200 General Conditions X #116-210 General Conditions Materials and/or Services _#116.230 General Conditions - Equipment _#116.2220 General Condition- Public Works _#116240 General Conditions Personal/Professionai Service To access any of thesse General Conditions go to uww.purchasing,co.riverside.ca.us located in Vendor Reglstration/Bldding Opportunities. If an addendum is issued for this procurement, it will be the vendor's: responsibility to retrieve all applicable addendum(s) from the Public Purchase Website, Form It 116-101 RFQ Public Purchase Revision 04/12/11 2 300 SR No. 114-065 Attachment 2 County of Riverside Request for Quote## PUARC-1200 Purchasing & Fleet Services Closing Data: 14!11(2011@ 1 30 P,1t+S, I.I LIQUIDATED DAMAGES - It is agreed by the parties that time is of the essence, and in the event complete delivery is not made within the schedule set by the County, and pursuant to the bid specifications; damage will be sustained by the County, it will be impractical, and extremely difficult to ascertain, and determine the actual damage sustained, Therefore, it is agreed that the successful bidder shall pay to the County of Riverside, as fixed and liquidated damages, and not as penalty, a dollar sum in the amount of $ per calendar day for each and every calendar day that a delay in making delivery in execs of the time or times specified. It is further agreed that in the event such damages are sustained by the County, the County shall deduct the amount from any payment due or that may become due to the vendor under the contract. 1.2 "Electronic submission hereof is certification that the Bidder has read and understands the terms and conditions hereof, and that the Bidder's principal is fully bound and committed." All County terms and conditions are found at www.purchasing.co.riverside,ca.us. Bidders must acknowledge the applicable terms and conditions that are checked at the bottom of page 2 of this document. 1,3 CASH DISCOUNT % from receipt of good or invoice, whichever is later. (terms less than 20 days will be considered net) Cash discount shall be applied to grand total, 1.4 Delivery: _ calendar days after receipt of order. 1.5 Please Check; Disabled Veteran _ Local Business if checked; the above signer certifies that the above business is located within the geographical boundaries of Riverside County and that all sales taxes generated based on this RFQ will be credited to that location in Riverside County. If claiming Local Preference please submit form 116-260. 1.6 If Bidder experiences technical issue with the online bidding process, Bidder must contact the Procurement Contract Specialist (PCS) for further bid submission instructions. Bidder must contact the appropriate PCS a minhnum of 1 hour prior to bid close time of 1:30 PM. A, Wherever these words occur in this RFQ, they shall have the following meaning: B, "RFQ" shall mean Request for Quote. C. "Addendum" shall mean an amendment or modification to the RFQ (Request for Quote). D. "Bid" shall mean the proposal submitted by a Bidder on the Bid Form consistent with the Instructions to Bidders, to complete the Work for a specified sum of money and within a specified period of time. E, "Bidder" shall mean an individual, firm, partnership, or corporation that submits a qualified Bid for the Work, either directly or through a duly authorized representative. F. "Contractor" shall mean any employee; agent, or representative of the contract company used in conjunction with the performance of the contract. For the purposes of this RFQ, Contractor and Bidder are used interchangeably. Form 4 116-101 RFQ Public Purchase Revision 04/12/11 3 301 SR No. 14-065 Attachment 2 County of Riverside Request for Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 10/1112011@1:30 P.M. G. "COUNTY" shall mean the County of Riverside and its agencies. H. "CCISDA" shall mean the California County Information Services Directors Association I. "MISAC" shall mean the Municipal Information Systems Association J. "LAR" shall mean the Large Account Resellers K. "EA" shall mean Enterprise Agreement L. "Qualified Device" shall mean any personal desktop computer, portal computer, workstation, or similar device that is used by of for the benefit of Enrolled Affiliate's Enterprise. It does not include: (1) any computer that is designated as a server and not used as a personal computer, (2) any Industry Device, (3) any device running an embedded operating system (e.g., Windows Phone 7) that does not access a virtual desktop infrastructure, or (4) any device that is not managed and/or controlled either directly or indirectly by Enrolled Affiliate's Enterprise. Enrolled Affiliate may include as a Qualified Device any device which would be excluded above (e.g, Industry Device). M. "MDOP" shall mean Microsoft Desktop Optimization Platform N. "MSDN" shall mean Microsoft Developer Network 3.1 Purpose a) The County of Riverside is soliciting bids for a consortia approach to collectively enter into a Microsoft Enterprise Agreement and Select program in order to utilize the desktop volumes to achieve the best possible price as detailed in this RFQ. Microsoft has demonstrated flexibility in dealing with CCISDAWSAC to accommodate government issues and concerns to offer a customized Enterprise Agreement that will work for all government agencies within the state of California. b) The purpose of this RFQ is to seek both renewal pricing for those under the current Microsoft Agreement from any authorized LAR within the State of California plus allow new enrollments to take place based on combined volumes of those staying with the old agreement, those renewing in this new contract, and those joining into the new contract for the first time. c) The intent of this RFQ is to award to no more than five (5) Microsoft authorized and responsible Large Account Resellers (LAR) in the State of California that meets the terms and conditions of this RFQ. The LAR(s) will serve as the administrator of this agreement and will collect all dollars directly from those jurisdictions enrolled under this awarded contract. 3.2 Backgraim a) Since June 19, 2001, The California County Information Services Directors Association (CCISDA) and the Municipal Information Systems Association (MISAC) of California have been participating in a state-wide Microsoft Enterprise Agreement (EA) and Select program. The County of Riverside will continue to administer this award, to include participation from CCISDA and MISAC. Form # 116-101 RFQ Public Purchase Revision 04/12/11 302 County of Riverside Purchasing & Fleet Services SR No. 14-065 Attachment 2 Request for Quote # PUARC-1200 Closing Date: 10/11/2011Q71:30 P.M. b) The California County Information Services Directors Association (CCISDA) is the official organization of the county information technology directors in the state of California. They represent the 58 California counties in the area of information technology and county government. c) The Municipal Information Systems Association (MISAC) of California is a statewide organization of approximately 150 member agencies. They represent the 475 Cities and Special Districts in the state of California in the area of information technology and county government. d) Current participation in this successful contract has surpassed 488,000 desktops and over 460 separate enrollments to this Microsoft Enterprise Agreement. The current Large Account Resellers (LAR) have worked with each of these entities to explain the Microsoft Enterprise Agreement, helped them make decisions about their licensing needs, provided enrollment assistance, and coached them during annual EA requirements including true -ups and annual payments. The awarded LAR(s) will be required to deliver this same level of service, as well as provide continuing education to enrollees on other services and benefits provided to participants in the EA. e) The LAR(s) must allow CCISDA/MISAC members with the opportunity to continue to enroll in the Enterprise Agreement after the open enroll period at a highly discounted price based on cumulative volumes of desktops enrolled under the new and existing contracts. f) In addition, many government entities could not purchase from a sole LAR due to local preference purchasing requirements. The intent of this RFQ is to award to multiple Large Account Resellers (LARs) under a single agreement and to get credit for volumes under the existing contract and for those that want to change to the renewal contract or for those governments enrolling for the first time. g) Many counties do not upgrade their software on their desktops on an annual basis and most do so every two to three years. As a result, most may not benefit from Software Assurance under the Select Program nor can justify an Enterprise Agreement. Therefore, to make an Enterprise Agreement a tool for government, it must be cost effective, ease licensing management, and encourage government to stay current with new software versions to take advantage of the latest technological improvements that could benefit employee productivity. An additional benefit can be realized through other offerings made available to EA participants. When such offerings are introduced, it is imperative that the LAR make the offering known to the agency in order for them to obtain the most out of their EA investment. 4.1 Enterprise Agreement Program Products The products offered under the Enterprise Agreement (EA) may be purchased individually or in total as follows: 4.2 Enterprise Products a) The Enterprise Agreement offers California County Governments access to the most recent releases of the Desktop Professional Platform products. The Enterprise Agreement Desktop Platform products are: i. Microsoft Windows 7 Enterprise Edition with MDOP ii. Microsoft Office Professional Plus 2010 iii. Microsoft Core Client Access License Suite or Enterprise Client Access License Suite Form # 116-101 RFQ Public Purchase Revision 04/12/11 303 County of Riverside Purchasing & Fleet! SR No. 14-065 Attachment 2 Request for Quote # PUARC-1200 Closing Date: 10/11/2o11t&1:30 P. t overnment entities wno enroll in the 1 rotessional or enterprise riattorm (tie windows / Enterprise Edition operating system upgrade, Office Professional Plus 2010, - and Core CAL Suite or Enterprise GAL Suite) receive a platform discount on top of their already discounted enterprise software product. c) Government entities not adding products at signing may still add additional products to their enrollment at any time with License & Software Assurance (pro -rated annually for the remaining term of their enrollment). d) For fidl product listing see excel attachment "PUARC-1200 Product listing. 4:3 Additional Products and Services a) Nearly all other available Microsoft software fitles are obtainable as additional products. They provide the same License & Software Assurance coverage as enterprise products, but do not require an enterprise -wide commitment. For products licensed at signing, payments can be spread throughout enrollment years in the same way that enterprise product payments are annualized. Also, additional products at signing will have corresponding pricing for the use of the True Up ordering process; enabling an annual consolidation of ordering. Government entities not adding products at signing may still add additional products to their enrollment at any time with License & Software Assurance (pro- rated for the remaining term of their enrollment). b) Premier Services are available through the Riverside Master Agreement for as long as it is offered as products under the :Microsoft Enterprise Agreement. c) Examples of software products available as additional products include Office Visio, Microsoft Project, Windows servers, Exchange servers, Microsoft Office SharePoint Servers, SQL Servers, Visual Studio Team Edition (w/ MSDN), MapPoint Web Service, and many others. d) A complete list of additional products is available on the Microsoft Product List at: http://www.microsoftvolumelicensing.Com/userights/PL.aspx c) To learn more about Product Use Rights; visit: 4.5 Customized Components: a) The awarded Large Account Reseller(s) as part of the contract must be willing to accept the administration of the contract. California government entities will enroll by Agency (understanding that all desktops in a department must be committed unless the desktop has an asset tag where it has been paid and owned by another govermnent jurisdiction). b) Commitment for each government entity is at least 25 desktops in the entire organization. Organizations under 25 qualified workstations are required to combine enrollments with other local government entities for a total of at least 25 qualified workstations s to qualify. The government entity who handles the enrollment for multiple jurisdictions will also be responsible for distributing license confirmations. c) The LAR's are required to provide annual reports of qualified workstation counts by enrollment and ask for desktop true -ups for net additional desktops added during each contract year. The customer is expected to true up additional products added to during past year. Quarterly reports of licenses purchased under the Select agreement (provided by this contract) must also be provided including product and version number. It is preferred that this capability be provided though the Internet. Form # 116-101 RFQ Public Purchase Revision 04/12/1-1 6 304 SR No. 14-065 Attachment 2 County of Riverside Request for Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M. d) All products covered under the EA automatically include Software Assurance for either the full thirty- six (36) or sixty (60) month contract period options. During the contract period, participating government entities will be entitled to all version upgrades at no additional charge. And on termination of the contract, participating organizations will own the most current version of covered products as of the contract termination date, whether the version is installed or not, e) During the EA each participant will be required (but not limited) to count total qualified workstations in their organization which will be reported to the LAR. Other counts such as True -Up of additional products and additional of 'not-at-signing'products may be required. f) The Enterprise Agreement term is sixty (60) calendar months from the date of acceptance, or an optional thirty-six (36) months if requested. Enrollment for this program will be open until the expiration of the Master Agreement. While the number of net desktops in each organization may increase annually, there could be certain economic issues (such as discontinuing a government service due to funding) or political shifts (such as County Courts becoming a State Agency or a government entity filing for bankruptcy) that could impact desktop counts. Microsoft will deal with decreases in qualified workstation counts on an individual basis without penalty to other enrollments. EA participants that terminate for cause, will own licenses equal to the portion of the total contract period for which they participated. Participants terminating prior to year 2 shall own licenses for 1/3 of the total desktops enrolled. Participants terminating prior to year 3 shall own licenses for 2/3 of the total desktops enrolled. The licenses shall be for the current version of the products at the time of termination. If any one County/Department terminates the enterprise agreement, it shall have no bearing or impact on the others enrolled. g) EA enrollees receive perpetual license to the most current version of the software covered under this agreement upon initial payment. By participating under the EA, enrollees immediately become current and stay current. Net new desktops added during the contract period immediately have the right to install the most current versions of the products covered under the EA and the "true -up" payment must be made at the beginning of the next contract year. h) All new software covered and purchased under the EA is to be delivered to the COUNTY electronically, unless explicit instructions are communicated that delivery method would be otherwise. 5.0 TIMELINE DATES: 1, RELEASE OF REQUEST FOR QUOTATION September 20, 2011 2, DEADLINE FOR SUBMISSION OF QUESTIONS Must be submitted by: Bidders must submit their questions online at Date: October 3, 2011 PublicPurchase.com. All questions submitted are within the Time: 1:30 PM correct RFQ located on PubliePurchase.com. 3. DEADLINE FOR QUOTATION SUBMITTAL October 11, 2011 at 1:30 PM Bid results are posted on PubliePurchase.com 4. TENTATIVE DATE FOR AWARDING CONTRACT 5-90 days, contingent upon lowest bidder meeting all of the bidspecifications. Form # 116-101 RFO Public Purchase Revision 04/12/11 305 SR No. 14-065 Attachment 2 County of Riverside Request for Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 101111201 1Q1:30 P.M. 6.0 PERIOD OF PERFORMANCE The period of performance shall be for 5 year(s), with each year renewable in one-year increments, with the completion date of 12/31/17, with no obligation by the County of Riverside to purchase any specified amount of services. 7.0 GENERAL REQUIREMENTS Procedures for Submitting Quotations All quotations must be submitted in accordance with the standards and specifications contained within this Request for Quote (RFQ). The County reserves the right to waive, at its discretion, any irregularity, which the County deems reasonably correctable or otherwise not warranting rejection of the quotation. The County shall not pay any costs incurred or associated in the preparation of this or any quotation or for participation in the procurement process. Quotes must be specific unto themselves. For example, "See Enclosed Manual" will not be considered an acceptable quotation. Receipt of all addenda, if any, must be acknowledged in the quotation. Late quotations will not be accepted. Postmarks will not be accepted in lieu of this requirement. Quotations submitted to any other County office will be rejected. 8.0 METHOD OF AWARD (Specifications) yuotanons win no evaivarea oasea on relevant tactors, mcmamg out not nmneato the tollowing: a, Lowest overall purchase price b. Adherence to specifications as detailed in this RFQ (PUARC-1200) c. Prompt payment discounts on 30 days or less d. Warranties e. All associated delivery costs f. Delivery date g, Product acceptability It. Service/Customer Support 9.0 EVALUATION PROCESS All quotations will be given thorough review. All contacts during the review selection phase will be onlv through the Purchasing Department. Attempts by the Bidder to contact any other County representative may result in disqualification of the Bidder. The County recognizes that prices are only one of several criteria to be used in judging an offer, and the County is not legally bound to accept the lowest offer. Form # 116-101 RFO Public Purchase Revision 04/12/11 306 SR No. 14-085 Attachment 2 County of Riverside Request for Quote 4 PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/2(111@1:30 RK The Contractor must make careful examination and understand all of the requirements, specifieations; and conditions stated in the RFQ. If any Contractor planning to submit a quote finds discrepancies in or omissions from the RFQ, or is in doubt as to the meaning, a written request for interpretation or correction must be given to the County. Any changes to the RFQ will be made only by written addendum and may be posted on the Purchasing website at www.purthasing.co.rzverside.ea,us and PublicPurchase.com. The County is not responsible for any other explanations or interpretations. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. All notices regarding this procurement may be posted on the County's purchasing website at www:pruchasim4,coAverside.ca.us and PubliePurchase.com, The County may cancel the procurement process at any time, All quotations become the property of the County. All information submitted in the quotation becomes "public record" as defined by the State of California upon completion of the procurement process. If any proprietary information is contained in or attached to the quote, it must be clearly identified by the Bidder; otherwise, the Bidder agrees that all documents provided may he released to the public after bid award, 12.1 The County shall pay the awarded bidder for equipment and services performed, after the equipment are installed and tested to the satisfaction of the County. Expenses incurred and compensation shall be paid in accordance with an invoice submitted to County by awarded bidder, The County shall pay the acceptable invoice within thirty -(30) working_ days from the date of receipt of the invoice; or the goods/services are received, whichever is later, 12.2 No price increases will be permitted during the first year of the award, All price decreases (for example, if CONTRACTOR offers lower prices to another governmental entity) will automatically be extended to the County. The County requires written proof of cost increases prior to any approved price adjustment. After the first year of the award, a minimum of 30 -days advance written notice is required for consideration and approval by County, No retroactive price adjustments will be considered, The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers; All Items - Greater Los Angeles, Riverside, and Orange County areas (Microsoft Enterprise License Agreement) and be subject to satisfactory performance review by the County and approved (if needed) for budget finding by the Board of Supervisors. The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to every political entity, special district, and related non-profit entity in Riverside County. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the CONTRACTOR; and County shall in no way be responsible to CONTRACTOR for other entities' purchases. Form 9 116-101 RFQ Public Purchase Revision 04/12/11 s 307 SR No. 14-065 Attachment County of Riverside Request for Quote 4 PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/2011@1:30 RM. Exhibit A Software Assurance Benefits: The Enterprise Agreement includes Software Assurance, Microsoft's enhanced maintenance program that helps customers get the most out of their software investments. Access to valuable benefits such as training, deployment planning, software upgrades, and product support can help increase the productivity of the entire organization. Awarded LAR(s) will continue to educate and assist participants on what these benefits are and how participants can take full advantage of them. Here are details on Software Assurance benefits throughout each phase of software management. Form .## 116-101 RFQ Public. Purchase Revision 04/12/11 308 SR No. 14.065 Attachment 2 County of Riverside Request for Quote #PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/2011@ 1:30 RM. Exhibit A Cont' Software Assurance Benefits: Form# 116-101 RFQ Public Purchase Revision 04/12/11 11 309 Mti oft's i_ rrtp►oyees S9 arrimg prs�mdes your accrfis to lndlvtduai4sxn tieYnand M�crosartsofiware eEearriitl be bourses oourses eLea ping cdn deltveredonllne or otElIne r ar?d rnciudes srmulatlgftsh�nds on exer'clses aid learllTti �S��st�Li�n�S "= � The hTorrr Use Iatrl indr$s employee `"�— � ME ��d�uc#lvlty anti ttlax�ml�es �h� o��o�r � � 1.3om��Use �aiu� rcisosoft Offi�e lovestmen�l��causawlfh it�your �� Pr�sgi�aaa diYt�lbyces{lan ltse ttilfi"ioe �§�ctop�`iro�ra7rls for vv�lf�t isf= er�ohahf7�eds � _ The U1�l�ldoulrs 7 i=n#erprrse ltdttl4rx �s ct'ptlml�s fc�r � larye or��nzatlons �� iltciudes featyras suc�1 �� T�`icro�oft data pro�ecElort��t �afeguat�l�iosf or stoT;;�3�Csx ' y�/it�owtr 7 �ppileatitlxa eompatlblliiy a�ld ttta ability fo deploy a - i�ntefprlse � �' lragle ir�lage in nfiultiple IocaticatLs �rountluthe woYld �dltlon Jfi�ta}x t4 �rauall��lilty o��hnduyV� he�pini� you J4wer rY1`nt and rYiana Gists _., .our:dep[© _.Ment iM S Migrate IegaCysppTic�tlon� dunng an op�rating- ' system yi grad ln� safer protected gay Mlct ft w tyli�rosoft� 11�irEu�l P�,�xpress supp�trts a s1r�gle lostartce of:� �ttrivai op�rating�syst�m �m comt3arisor'<r �/irivai P� �T��sup}ports ' myitl�le rnsfaraees} 1/Tt�taaaT T'� �=.� � ���ress � . ' 1 xpres yvlT�bimadb a�tailable to our oftwpe -M,As§urance cGstame tit earJy'2Q�6ahe�d`of=the �=�.� � Wr>do�✓s Ursta Ente t�se �dtlionr x t�j p yy L o, �irtd�,iltsi� e �t rd bftyfr- sys wl Form# 116-101 RFQ Public Purchase Revision 04/12/11 11 309 SR No, 14-065 Attachment.2 County of Riverside Request for Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 1011 IJ201 1(?,D 1:30 P.M. Exhibit A Cont' Software Assurance Benefits: For more information about Software Assurance benefits, please visit: http://www.microsoft.com/licensing/proyrams/sa Form #116-101RFQ Public Purchase Revision 04/12/11 12 310 SR No. 14-065 Attachment 2 County of Riverside Request for Quote # PUARC-1200 Purchasing & Fleet Services Closing Date: 10/11/2011@1:30 P.M. Local Business Qualification Affidavit The County of Riverside Local Business Preference may be applied to this Request for Proposal/Quotation. If you qualify for this preference, please submit this form along with your response to this RFP/Q. Definition of Local Business A local business shall mean a business or firm with fixed offices located within the geographical boundaries of Riverside County, and authorized to perform business within the County. In doing so, credit all sales tax from sales generated within Riverside County to the County, and who provide product or perform contracted work using employees, of whom the majority are physically located in said local offices. Local businesses' shall have a Riverside County business street address. Post office box numbers, residential addresses, or un -staffed sales offices shall not suffice to establish status as a "local business." To qualify as a "local business" the location must be open and staffed during normal business hours and the business must establish proof that it has been located and doing business in Riverside County for at least (6) six months preceding its certification to the County as a local business. Additional supporting documentation that may be requested by the County to verify qualification includes: 1. A copy of their current BOE 531-A and/or BOE 530-C form (State, Local & District Sales, and Use Tax Return Form). This is what businesses submit to the State Board of Equalization when paying the sales tax to the State of California indicating the amount of the payment to be credited to each jurisdiction (Le, Counties, Cities), 2. A current business license if required for the political jurisdiction the business is located. 3. Proof of the current business address. The local business needs to be operating from a functional office that is staffed with the company's employees, during normal business hours. Business Name: - Physical Address: Phone: FAX: E -Mail: Length of time at this location: Number of Company Employees at this address: If less than 6 month, list previous Riverside County location: Business License # (where applicable): Jurisdiction Hours of Operation: Primary function of this location (i.e., sales, distribution, production, corporate, etc): Signature of Company Official Date Print Name, Title Submittal of false data will result in disqualification of local preference and/or doing business with the Riverside County. Form # 116-260 Rev 8/04 Form # 116 -IDI RFQ Public Purchase Revision 04/12/11 311 • � l MOW=,* VendorlD 0000000033 Compucom Systems Inc 7171 Forest Lane Dallas TX 75230 USA Tax Exempt? N Tax Exempt ID: Microsoft Enterprise Agreement software licenses for Riverside County ad surrounding Government Agencies within California Pricing Agreement: Pricing Date: Pricing Quantity: Quantity Type: RFQ#PUA RC-12D0F11-11 /8/11 3.27 - Reference Microsoft Master Agreement Number 01 E73134. Dispatch via Print Contract ID Page RIVCO-20000-002-12/15 1 of 2 Contract Dates Currency Rate Type Rate Date 01/01/2015 to 12/31/2015 USD CRRNT PO Date Description: Contract Maximum Microsoft Enterprise Agreement D.00 Allow Multicurrency PO EA PO Date PO Date Current Order Quantity 0.00 0.00 0.00 PER AMENDMENT #1 Pricing for EA enrollments are based on a Cost plus markup percentage, which will be effective as of the Amendment Effective Date of May 12, 2014. See attached amendment. PRICING OPTION#1«(EXISTING ENROLLMENTS PRIOR TO MAY 12, 2014) - County Entities, CCISDA/MISAC members, and other State agencies already enrolled in a Microsoft EA as of the Effective Date of 11/08/2011. Application: Added at Signing -1.5D% Applications: True -Ups -0.50% Systems: Added at Signing -1.501 Systems: True -Ups -0.50% - Sewers: Added at Signing -1.50 Servers: True -Ups -0.50 New Additional Products (Non -Specific): Added at Signing -1.50:/ New Additional Products (Non -Specific): True -Ups -0.50% PRICING OPTION#2 (NEW ENROLLMENTS AFTER MAY 12, 2014) County Entities, CCISDA/MISAC members, and other State agencies that enroll in a Microsoft EA afterthe Amendment Effective Date of May 12, 2014. Applications: Added at Signing 2.00 Applications: True -Ups 2.00 Systems: Added at Signing 2.00% - Systems: True -Ups 2.00 Servers: Added at Signing 2.00 Servers: True -Ups 2.00 New Additional Products (Non -Specific): Added at Signing 2.00 New Additional Products (Non -Specific): True -Ups 2.00% All terms, conditions, and specification of RFQ#PUARC-1200 are hereby included with full force and like effect as if set forth herein. PAYMENTTERMS- For calculating due dates for payment terms, the County will use eitherthe date thatfhe invoice is received by the County or the date the goods/services are received, which ever is later. in the event of contradiction, between the County's and the Seller's conditions, the County's conditions shall prevail. Hard = Apply adjustments regardless of other adjustments Skip = Skip adjustments if any other adjustments have been applied Kola t; MOM County of Riverside USA VendorlD 0000000033 Compucom Systems Inc 7171 Forest Lane Dallas TX 75230 USA Tax Exempt? N Tax Exempt ID: Dispatch via Print Contract ID ------ ---- --- Page RIVCO-20800-002-12/15 2 of 2 Contract Dates Currency Rate Type Rate Date 01/01/2015 to 12/31/2015 USD CRRNT PC Date Description: Contract Maximum Microsoft Enterprise Agreement 0.00 Allow Multicurrency PO The County reserves the right to cancel the unexpended balance of this order at any time. License Period of Performance: From January 1, 2015 through December 31, 2015. Year: 4 of 5, final year end date of December 31, 2016. Board app oval date: November 8, 2011 Ines Mar I;' j' Procurement Contract Specialist County of Riverside- Purchasing and Fleet Services Voice: (951) 955-4944 Fax (951) 955.4946 E-mail: imark@co.riverslde.ca.us Hard = Apply adjustments regardless of other adjustments Skip = Skip adjustments if any other adjustments have been applied Enterprise Agreement State and Local Not for Use with Microsoft Business Agreement or Microsoft Business and Services Agreement Contents 1. Definitions......................................................................................................................................:....1 2. How the Enterprise and Enterprise Subscription program works ................................................. 3 3. Licenses for Products........................................................................................................................3 4. How to know what Product Use Rights apply.................................................................................. 4 5. Making copies of Products and re-imaging rights.......................................................................... 5 6. Transferring and reassigning Licenses........................................................................................... 5 7. Term and termination..... 6 B. .................................................................................................................... Restrictions on use. .................. ........................ .... — ..... ................. ........................... 7 9. Open Source Restrictions.................................................................................................................. 7 10. Confidentiality.....................................................................................................................................8 11. Warranties...........................................................................................................................................8 12. Defense of infringement and misappropriation claims................................................................... 9 13. Limitation ofliability......................................................................................................................... 10 14. Verifying compliance....................................................................................................................... 11 15. Miscellaneous...................................................................................................................................11 This Microsoft Enterprise Agreement is entered into between the entitles identified on the program signature form. Effective date. The effective date of this agreement is the effective date of the first Enrollment or the date Microsoft accepts this agreement, whichever is earlier. Any reference in this agreement or an Enrollment to "day" will be a calendar day. This agreement consists of (1) these agreement terms and conditions and the signature form and all attachments identified therein, (2) the Product List, (3) the Product Use Rights applicable to Products licensed under this agreement, (4) any Affiliate Enrollment entered into under this agreement, Please note: Several documents referenced in this agreement but not attached to the signature form may be found at: http://www.microsoft.com/licensing/contracts and are incorporated by reference, including the Product List and Product Use Rights. These documents may contain additional terms and conditions for, Products licensed under this agreement and may be changed from time to time. Customer and/or its Affiliates should review such documents carefully, both at the time of signing and periodically, to ensure a full understanding of all terms and conditions applicable to Products licensed. Terms and Conditions Definitions. "Affiliate" means a. with regard to Customer, (i) any government agency, department, office, instrumentality, division, unit or other entity of the state or local government that is supervised by or is part of Customer, or which supervises Customer or of which Customer is a part, or which is under common supervision with Customer, (ii) any county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of EA2011 AgrGov((JS)SLG(ENG)(Ju12011) Page 1 of 13 Document X20-02032 Customer's state and located within Customer's state jurisdiction and geographic boundaries; and (iii) any other entity in Customer's state expressly authorized by the laws of Customer's state to purchase under state contracts; provided that a state and its Affiliates shall not, for purposes of this definition, be considered to be Affiliates of the federal government and its Affiliates; and b. with regard to Microsoft, any legal entity that Microsoft owns, that owns Microsoft, or that is under common ownership with Microsoft; "available" means Microsoft has made Licenses for that Product available on the Product List for ordering under a particular licensing program; "Customer" means the entity that has entered into this agreement and its Affiliates; "Customer Data" means all data, including all text, sound, or image files that are provided to Microsoft by, or on behalf of, Enrolled Affiliate through its use of the Online Services. "Enrolled Affiliate" means an entity, either Customer or any one of Customer's Affiliates, that has entered into an Enrollment under this agreement; "Enrollment" means the document that an Enrolled Affiliate submits under this agreement to place its initial order; "Enterprise" means the Enrolled Affiliate and the Affiliates it chooses on its Enrollment to include in its enterprise; "Fixes" means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as service; packs). "License" means Enrolled Affiliate's right to use the quantity of a Product ordered. For certain Products, a License may be available on asubscription` basis ("Subscription License"). Licenses for Online Services will be considered Subscription Licenses under this agreement "L&SA" means a License and Software Assurance for any Product ordered; "Microsoft" means the Microsoft Affiliate that has entered into this agreement or an Enrollment and its Affiliates, as appropriate; "Online Service" means the Microsoft -hosted services identified in the Online Services section of the Product List. 'Product" means all software, Online Services and other web -based services, including pre-release or beta versions, identified on the Product List. `Product Lis" means the statement published by Microsoft from time to time on the World Wide Web at http//www.microsoft.com/licensing/contracts or at a successor site that Microsoft identifies, which identifies the Products that are or may be made available under a program (which availability may vary by region) and any Product -specific conditions or limitations on the acquisition of licenses for, or use of, those Products. "Product Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at http://www.microsoft.com/licensing/contracts or at a successor site. "Reseller" means a large account Reseller authorized by Microsoft to resell Licenses under this program; "Service Level Agreement"' means the document specifying the standards Microsoft agrees to adhere to and by which it measures the level of service for an Online Service. 'Software Assurance' means an offering that provides new version rights and other benefits for Products as further described in the Product List. EA2011AgrGov(US)S1_G(ENG)(Ju12011) Page 2 of 13 Document X20-02032 "Trade Secret" means information that is not generally known or readily ascertainable to the public, has economic value as a result, and has been subject to reasonable steps under the circumstances to maintain its secrecy; "use" or "run" means to copy, install, use, access, display, run or otherwise interact. 2. How the Enterprise and Enterprise Subscription program works. The Enterprise and Enterprise Subscription Program. The Enterprise and Enterprise Subscription programs establish a Customer's overall licensing framework and the applicable terms and conditions. Under the Enterprise program, Customer may license Products by entering into Enrollments. The Enterprise Subscription program offers Customer the same options as the Enterprise Program, but on a subscription basis, with an optional buy-out to obtain perpetual Licenses. a. Enrollments. The Enterprise program gives Customer and/or its Affiliates the ability to enter into one or more Enrollments to order Products. Subscription Enrollments may be available for some of these Enrollments. b. Licenses. The types of Licenses available are L&SA, Licenses obtained under Software Assurance and Subscription Licenses. These License types as well as addititional License Types are defined in the Product List. c. How Enrolled Affiliates acquire Licenses. An Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders will be made out to and submitted to the Enrolled Affiliate's Reseller. Microsoft will invoice that Reseller according to the terms in the applicable Enrollment. d. Choosing and maintaining a Reseller. Each Enrolled Affiliate must choose and maintain a Reseller authorized in the Enrolled Affiliate's location, e. Pricing. (i) Establishing Price Levels. Each Product generally is assigned to a Product pool (e.g., applications, systems, or servers). Each Product pool will be assigned one of four price levels (A, B, C, and D). Enrolled Affiliate's Price Level will be Level D for all Enterprise Products, Enterprise Online Services, Online Services and Additional Products ordered under any Enrollment. (ii) Placing Orders through Reseller. Orders under an Enrollment will be made to the Reseller. Microsoft will invoice the Reseller according to the terms in the applicable Enrollment. Throughout this agreement the term "price" refers to reference price. The Reseller and the Enrolled Affiliate will determine the Enrolled Affiliate's actual price and payment terms. f. Order Requirments. Order Requirments are outlined in each Enrollment. g. Management and Reporting. Customer and/or Enrolled Affiliate may manage account details (e.g., contacts, orders, Licenses, software downloads) on Microsoft's Volume Licensing Service Center ("VLSC") web site (or successor site) at: https://www.microsoft.com/licensing/servicecenter. Upon the effective date of this agreement and any Enrollments, the contact(s) identified for this purpose will be provided access to this site and may authorize additional users and contacts. 3. Licenses for Products. a. General. Enrolled Affiliate will have the number of Licenses ordered for the latest version of a Product, and may use prior versions as permitted in the Product Use Rights, so long Microsoft receives timely orders from Reseller for all required Licenses for such Products and complies with applicable license terms. The Licenses obtained under an Enrollment are not EA2011AgrGov(US)SLG(ENG)(Ju12011) Page 3 of 13 Document X20-02032 related to any order or fulfillment of software media. The ability to use a Product ordered may be affected by minimum hardware or software requirements. b. Use by Affiliates. The Enrolled Affiliate may sublicense the right to use the Products to any Affiliates covered under its Enrollment, but Affiliate recipient of these Licenses may not sublicense these rights and their use must be consistent with the License terms contained in this agreement. c. When Licenses become perpetual. The right to run any Product licensed under an Enrollment is temporary unless and until it becomes perpetual as follows: (1) A License is temporary until Enrolled Affiliate's Reseller has paid for a License in full and the applicable initial Enrollment or renewal term during which the License was ordered must have expired or been terminated as permitted in this agreement. (i i) Subscription Licenses are never perpetual. If a buy-out option is available, Enrolled Affiliate may obtain a perpetual License by exercising the buy-out option and paying for the License in full. (iii) Enrolled Affiliate will have perpetual Licenses to use the Products ordered in the latest version available (or any prior version) as of the date of expiration, termination, or renewal. (iv) All perpetual Licenses acquired under this agreement remain subject to the terms of this agreement and such terms survive expiration or termination of this agreement or an Enrollment. d. Perpetual Licenses through Software Assurance. Perpetual Licenses received through Software Assurance supersede and replace the underlying perpetual Licenses for which Software Assurancecoverage was ordered. In the case of Early' Termination, the terms in Section 7 titled "Term and Termination will apply." e. License confirmation. This agreement, the applicable Enrollment, the Enrolled Affiliate's order confirmation, and any documentation evidencing transfers of Licenses, together with proof of payment, will be the Enrolled Affiliate's evidence of all Licenses obtained under its Enrollment. f. Reorganizations, Consolidations, and Privatizations. If the number of Qualified Devices or Qualified Users covered by an Enrollment changes by more than ten percent as a result of a reorganization, consolidation, or privatization of an Enrolled Affiliate, Microsoft will work with the Enrolled Affiliate in good faith to determine how to accommodate its changed circumstances in the context of this agreement. If an Enrolled Affiliate consolidates with a third party with an existing agreement or enrollment, Microsoft will work with the Enrolled Affiliate in good faith to accommodate its changed circumstances in the context of this agreement. 4. How to know what Product Use Rights apply. a. Product Use Rights. The Product Use Rights in effect on the effective date of an Enrollment will apply to Enrolled Affiliate's use of then -current versions of each Product (excluding Online Services). For future versions, the Product Use Rights in effect when those future versions are first released will apply. In both cases, subsequent changes made by Microsoft to the Product Use Rights for a particular version will not apply to Enrolled Affiliate's use of that version, unless Enrolled Affiliate chooses to have such changes apply. The use rights for Online Services and the process for updating them as the Online Services evolve are detailed in the Product Use Rights. b. Product Use Rights for earlier versions (downgrade). If Enrolled Affiliate runs an earlier version of a Product than the version that was current on the Enrollment effective date, the Product Use Rights for the version licensed, not the version being run, will apply. However, if EA201 1AgrGov(US)SLG(ENG)(Ju1201 1) Page 4 of 13 Document X20-02032 the earlier version includes components that are not part of the licensed version, any Product Use Rights specific to those components will apply to Enrolled Affiliate's use of those components. c. Reservation of rights. All rights not expressly granted are reserved. 5. Making copies of Products and re-imaging rights. a. General. Enrolled Affiliate may make as many copies of Products, if applicable, as it needs to distribute them within its organization. Copies must be true and complete (including copyright and trademark notices) from master copies obtained from a Microsoft approved fulfillment source. Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to use reasonable efforts to notify its employees, agents, and any other individuals who use the Products that the Products are licensed from Microsoft and subject to the terms of this agreement. b. Copies for training/evaluation and back-up. For all Products other than Online Services, Enrolled Affiliate may: (1) use up to 20 complimentary copies of any licensed Products in a dedicated training facility on its premises for purposes of training on that particular Product, (2) use up to 10 complimentary copies of any Products for a 60 day evaluation period, and (3) use one complimentary copy of any licensed Product for back-up or archival purposes for each of its distinct geographic locations. Trials for Online Servicesmaybe available if specified in the Product Use Rights. c. Right to re-image. In certain cases, re -Imaging is permitted using the Product media. If the Microsoft Product Is licensed (1) from an original equipment manufacturer (OEM), (2) as a full packaged Product through a retail source, or (3) under another Microsoft' program; then media provided under this agreement may generally, be used to create images for use in place of copies provided through that separate source. This right Is conditional upon the following: (i) Separate Licenses must be owned from the source for each Product that is re-imaged. (i i) The Product, language, version, and components of the copies made must be identical to the Product, language, version, and all components of the copies they replace and the number of copies or instances of the re-imaged Product permitted remains the same. (iii) Except for copies of an operating system and copies of Products licensed under another Microsoft program, the Product type (e.g., upgrade or full License) must be identical to the Product type from the separate source. - (iv) Enrolled Affiliate must adhere to any Product -specific processes or requirements for re- imaging identified in the Product List. (v) Re -images made under this subsection remain subject to the terms and use rights provided with the License from the separate source. (vi) This subsection does not create or extend any warranty or support obligation. 6. Transferring and reassigning Licenses. a. License Transfers. License transfers are not permitted, except as explicitly set forth in the Perpetual License Transfer Form. The resale of Licenses is prohibited, including any transfer by a Customer or its Affiliate(s) for the purpose of transferring those Licenses to an unaffiliated third party. b. Internal Assignment of Licenses and Software Assurance. Licenses and Software Assurance must be assigned to a single user or device within the Enterprise. Licenses may be reassigned within the Enterprise as described in the Product Use Rights. EA201 1AgrGov(US)SLG(ENG)(Ju1201 1) Page 5 of 13 Document X20-02032 7. Term and termination. a. Term. The term of this agreement will be 36 months from the Effective date unless terminated by either party as described below. Each Enrollment will have the term provided in that Enrollment. b. Termination without cause. Either party may terminate this agreement, without cause, upon 60 days written notice. Such termination will merely terminate either party's and its Affiliates' ability to enter into new Enrollments under this agreement. Such termination will not affect any Enrollment or order not otherwise terminated, and any terms of this agreement applicable to any Enrollment or order not otherwise terminated will continue in effect with respect to that Enrollment or order. An Enrolled Affiliate may terminate an Enrollment without liability, penalty or further obligation to make payments if funds to make payments under the Enrollment are not appropriated or allocated for such purpose. c. Termination for cause. Either party to an Enrollment may terminate it if the other party materially breaches its obligations under this agreement, including any obligation to submit orders or pay invoices (even if such non-payment is caused by non -appropriation of funds). Except where the breach is by its nature not curable within 30 days, the terminating party must give the other party 30 days notice and opportunity to cure. If Microsoft gives such notice to an Enrolled Affiliate, Micr that notice as well and Customer agrees to assist in attem breach also affects other Enrollments and cannot be Customer within a reasonable period of time, Microsoft n and all other Enrollments under it, unless the basis for ter appropriation of funds to the Enrolled Affiliate, in which e the affected Enrollment(s). If an Enrolled Affiliate ce Customer must promptly notify Microsoft, and Microsoft me d. Early termination. If (1) an Enrolled Affiliate terminate breach by Microsoft, or (2)` if Microsoft terminates an Affiliate has ceased to be an Affiliate of Customer, or (; Enrollment for non -appropriation of funds, or (4) Microsoft payment due to non -appropriation of funds then the Enro options: will give Customer a copy of to resolve the breach. If the ved between Microsoft and so terminate this agreement ion of the Enrollment is non - s Enrollment as a result of a ollment because the Enrolled inroiled Affiliate terminates an minate an Enrollment for non - Affiliate will have the following (i) It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or (ii) It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. (iii) In the case of Early Termination under Subscription Enrollments, Enrolled Affiliate will have the following options: 1) For eligible products Enrolled Affiliate may obtain perpetual Licenses as described in the section titled "Buy-out option," provided that Microsoft receives the buy-out order for those Licenses within 60 days after Enrolled Affiliate provides notice of termination. EA201 1AgrGov(US)SLG(ENG)(Ju1201 1) Page 6 of 13 Document X20-02032 2) Where not exercising buy-out option, in the event of breach by Microsoft, Microsoft will issue Reseller a credit for any amount paid in advance that would apply after the date of termination. Nothing in this section shall affect perpetual License rights acquired either in a separate agreement or in a prior term of the terminated Enrollment. e. Effect of termination or expiration. When an Enrollment expires or is terminated, (i) Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments or any order of any kind, including subscription services, remain due and payable. Except as provided in the subsection titled "Early termination," all unpaid payments for Licenses immediately become due and payable. (ii) Enrolled Affiliate's right to Software Assurance benefits under this agreement ends if it does not renew Software Assurance. f. Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service where there is any current or future government requirement or obligation that: (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue operating the Online Service without modification; and/or (3) causes Microsoft to believe these terms or the Online Service may be in conflict with any such requirement or obligation. For example, Microsoft may modify or terminate an Online Service in connection with a government requirement that would cause Microsoft to be. regulated as a telecommunications provider. g. Program updates. Microsoft may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments. _ 8. Restrictions on use. Restrictions on use. Enrolled Affiliate must not a. separate and use the components of a Product on two or more computers, upgrade or downgrade components at different times, or transfer components separately, except as provided in the Product Use Rights; b. =reverse engineer, decompile or disassemble any Product or Fix, except where applicable law permits it despite this limitation; or c. distribute, sublicense, rent, lease, lend, or host any Product or Fix except as permitted in the Product Use Rights or in a separate written agreement. 9. Open Source Restrictions. Certain third party license terms require that computer code be generally (1) disclosed in source code form to third parties; (2) licensed to third parties for the purpose of making derivative works; or (3) redistributable to third parties at no charge (collectively, "Open Source License Terms'). Neither party may use, incorporate, modify, distribute, provide access to, or combine the computer code of the other with any other computer code or intellectual property (collectively, "Provide") in a manner that would subject the other's computer code to Open Source License Terms. Microsoft is not responsible for Customer's upload, use or distribution of Customer's code from the Online Services. Customer may upload code to an Online Service and allow third parties access to use or download Customer's code on the Online Service, provided that (1) such use is not restricted by a Supplemental Agreement or the Product Use Rights and (2) any Open Source License Terms apply solely to Customer and their uploaded code, and not to any code or Products provided by Microsoft. Each party warrants that it will not provide EA2011 AgrGov(US)SLG(ENG)(Ju12011) Page 7 of 13 Document X20-02032 the other party with, or give third parties access through the Online Services to, computer code that is governed by Open Source License Terms, except as described above. 10. Confidentiality. To the extent permitted by applicable law, the terms and conditions of this agreement are confidential. Neither party will disclose such terms and conditions, or the substance of any discussions that led to them, to any third party other than Affiliates or agents, or to designated or prospective resellers who: (1) have a need to know such information in order to assist in carrying out this agreement; and (2) have been instructed that all such information is to be handled in strict confidence. 11. Warranties. a. Limited warranty. Microsoft warrants that: (i) Online Services will perform in accordance with the applicable Service Level Agreement; (it) Products other than Online Services will perform substantially as described in the applicable Microsoft user documentation; and b. Limited warranty term. The limited warranty for: (i) Online Services is for the duration of Enrolled Affiliate's w to the notice requirements in the applicable Service Levell (it) Products other than Online Services is one year from the the Product; and c. Limited warranty exclusions. This limited warranty is subjei (i) any implied warranties, guarantees or conditions not able law last for one year from the start of the limited warranty;' (ii) the limited warranty does not cover problems caused t manner inconsistent with this agreement or the Produc events beyond Microsoft's reasonable control; e Online Service, subject nent; nrolled Affiliate first uses disclaimed as a matter of dent, abuse or use in a Rights, or resulting from (iii) the limited warranty does not apply to components of Products that Enrolled Affiliate is permitted to redistribute; (iv) the limited warranty does not apply to free, trial, pre-release, or beta products; and (v) the limited warranty does not apply to problems caused by the failure to meet minimum system requirements. d. Remedies for breach of limited warranty. If Microsoft fails to meet any of the above limited warranties and Enrolled Affiliate notifies Microsoft within the warranty period, then Microsoft will: (i) for Online Services, provide the remedies identified in the Service Level Agreement for the affected Online Service; (ii) for Products other than Online Services, at its option either (1) return the price paid or (2) repair or replace the Product; and These are Enrolled Affiliate's only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law. e. DISCLAIMER OF OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON- EA201 1AgrGov(US)SLG(ENG)(Ju1201 1) Page 8 of 13 Document X20-02032 12. INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. Defense of infringement and misappropriation claims. a. Microsoft's agreement to protect. Microsoft will defend Enrolled Affiliate against any claims made by an unaffiliated third party that any Product or Fix that is made available by Microsoft for a fee infringes that party's patent, copyright, or trademark or makes intentional unlawful use of its Trade Secret. Microsoft will also pay the amount of any resulting adverse final judgment (or settlement to which Microsoft consents). This section provides Enrolled Affiliate's exclusive remedy for these claims. b. Limitations on defense obligation. Microsoft's obligations will not apply to the extent that the claim or award is based on: (i) Customer Data, code, or materials provided by Enrolled Affiliate as part of an Online Service; (ii) Enrolled Affiliate's use of the Product or Fix after Microsoft notifies it to discontinue that use due to a third party claim; (iii) Enrolled Affiliate's combination of the Product or Fix with a non -Microsoft product, data or business process; (iv) damages attributable to the value of the use of anon -Microsoft product, data or business process; (v) modifications that Enrolled Affiliate makes to the Product or Fix; (vi) Enrolled Affiliate's redistribution of the Product or Fix to, or Its; use for the benefit of, any unaffiliated third party, except as expressly permitted by the Product Use Rights; (vii)Enrolled Affiliate's use of Microsoft's trademark(s) (without express written consent to do so; or (viii) any Trade Secret claim, where Enrolled Affiliate acquires the Trade Secret (1) through improper means; (2) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (3) from a person (other than Microsoft or its Affiliates) who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the Trade Secret. Enrolled Affiliate will be responsible for any costs or damages that result from any of these actions. c. Specific rights and remedies in case of infringement. (i) Microsoft's rights in addressing possible infringement. If Microsoft receives information concerning an infringement claim related to a Product or Fix, Microsoft may, at its expense and without obligation to do so, either: 1) procure for Enrolled Affiliate the right to continue to use the allegedly infringing Product or Fix; or 2) modify the Product or Fix, or replace it with a functional equivalent, to make it non - infringing, in which case Enrolled Affiliate will immediately cease use of the allegedly infringing Product or Fix after receiving notice from Microsoft. (ii) Enrolled Affiliate's specific remedy in case of injunction. If, as a result of an infringement claim, Enrolled Affiliate's use of a Product or Fix that is made available by Microsoft for a fee is enjoined by a court of competent jurisdiction, Microsoft will, at its option: 1) procure the right to continue its use; EA2011 AgrGov(US)SLG(ENG)(Ju12011) Page 9 of 13 Document X20-02032 2) replace it with a functional equivalent; 3) modify it to make it non -infringing; or 4) refund the amount paid (or, for Online Services, refund any amounts paid in advance for unused Online Services) and terminate the license or right to access the infringing Product or Fix. d. Enrolled Affiliate's Responsibility. Enrolled Affiliate will be responsible for any costs or damages arising from any claims made by an unaffiliated third party that: (i) any Customer Data or non -Microsoft software Microsoft hosts on Enrolled Affiliate's behalf infringes the third party's patent, copyright, or trademark or makes intentional unlawful use of its Trade Secret; or (ii) arise from Enrolled Affiliate's or its end user's violation of the Product Use Rights or these Additional Use Right and Restrictions. Enrolled Affiliate must pay the amount of any resulting adverse final judgment (or settlement to which Enrolled Affiliate consents). e. Obligations of protected party. Enrolled Affiliate must notify Microsoft promptly in writing of a claim subject to the subsection titled "Microsoft's agreement to protect" and Microsoft must notify Enrolled Affiliate promptly in writing of a claim subjecttothe subsection titled "Enrolled Affiliate's Responsibility." To the extent permitted by applicable law, where Enrolled Affiliate y invokes its right to protection it must (1) give Microsoft sole control over the defense or settlement; and (2) provide reasonable assistance in defending the claim, Microsoft will reimburse Enrolled Affiliate for reasonable out of pocket expenses that it incurs in providing assistance. 13. Limitation of liability. a. Limitation on liability. To the extent permitted by applicable law, the liability of Microsoft and Enrolled Affiliate, their respective Affiliates and contractors arising under this agreement is limited to direct damages up to (1) for Products other than Online Services, the amount Enrolled Affiliate was required to pay for the Product giving rise to that liability and (2) for Online Services, the amount Enrolled Affiliate was required to pay for the Online Service giving rise to that liability during the prior 12 months. In the case of Products provided free of charge, or code that Enrolled Affiliate is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to U.S. $5,000. These limitations apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. However, these monetary limitations will not apply to: (i) Microsoft's and Enrolled Affiliate's obligations under the section titled "Defense of infringement, misappropriation, and third party claims"; (i i) liability for damages caused by either party's gross negligence or willful misconduct, or that of its employees or its agents, and awarded by a court of final adjudication (provided that, in jurisdictions that do not recognize a legal distinction between "gross negligence' and "negligence," "gross negligence" as used in this subsection shall mean "recklessness'); (iii) liabilities arising out of any breach by either party of its obligations under the section entitled "Confidentiality", except that Microsoft's liability arising out of or in relation to Customer Data shall in all cases be limited to the amount Enrolled Affiliate paid for the Online Service giving rise to that liability during the prior 12 months; (iv) liability for personal injury or death caused by either party's negligence, or that of its employees or agents, or for fraudulent misrepresentation; and EA201 1AgrGov(US)SLG(ENG)(Ju1201 1) Page 10 of 13 Document X20-02032 (v) violation by either party of the other party's intellectual property rights b. EXCLUSION OF CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER PARTY, NOR ANY OF ITS AFFILIATES, OR CONTRACTORS, WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. HOWEVER, THIS EXCLUSION DOES NOT APPLY TO EITHER PARTY'S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATIONS (EXCEPT TO THE EXTENT THAT SUCH VIOLATION RELATES TO CUSTOMER DATA), THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, OR THE PARTIES' RESPECTIVE OBLIGATIONS IN THE SECTION TITLED "DEFENSE OF INFRINGEMENT, MISAPPROPRIATION, AND THIRD PARTY CLAIMS." c. Affiliates and Contractors. Neither Microsoft nor Enrolled Affiliate shall bring any action against the other's Affiliates or contractors in respect of any matter disclaimed on their behalf in this agreement. 14. Verifying compliance. a. Right to verify compliance. Enrolled Affiliate must keep records relating to the Products it and its Affiliates use or distribute. Microsoft has the right, to the extent permitted by applicable law, to verify compliance with the license terms for Products, at Microsoft's expense. b. Verification; process and limitations. To verify compliance, Microsoft will engage an independent auditor, which will be subject to a confidentiality obligation. Verification will take place upon not fewer than 30 days notice, during normal business hours and in a manner that does not interfere unreasonably. with Enrolled Affiliate's operations. Enrolled Affiliate must promptly provide the independent auditor with any information it reasonably requests in furtherance of the verification, including access to systems running the Products and evidence of Licenses for Products Enrolled Affiliate hosts, sublicenses, or distributes to third parties. As an alternative, Microsoft can require Enrolled Affiliate to complete Microsoft's self - audit questionnaire relating to the Products Enrolled Affiliate and any of Affiliates use or distribute, but reserve the right to use a verification process asset out above. If Microsoft undertakes verification and does not find material unlicensed use (License shortage of 5% or more per Product), Microsoft will not undertake another verification of the same entity for at least one year. Microsoft and the independent auditors will use the information obtained in compliance verification only to enforce Microsoft's rights and to determine whether Enrolled Affiliate are in compliance with the license terms for the Products. By invoking the rights and procedures described above, Microsoft does not waive its rights to enforce the agreement or to protect Microsoft's intellectual property by any other means permitted by law. c. Remedies for non-compliance. If verification or self -audit reveals any unlicensed use, Enrolled Affiliate must promptly direct its Reseller to order sufficient Licenses to cover such use. If material unlicensed use is found, Enrolled Affiliate must reimburse Microsoft for the costs Microsoft has incurred in verification and acquire the necessary additional Licenses at single retail license cost within 30 days. 15. Miscellaneous. a. Notices to Microsoft. Notices, authorizations, and requests in connection with this agreement must be sent by regular or overnight mail, express courier, or fax to the addresses EA2011AgrGov(US)S1_G(ENG)(Ju12011) Page 11 of 13 Document X20-02032 and numbers listed on the signature form and in this agreement. Notices will be treated as delivered on the date shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft Corporation Legal and Corporate Affairs Volume Licensing Group One Microsoft Way Redmond, WA 98052 USA Via Facsimile: (425) 936-7329 Microsoft may provide information about upcoming Enrollment deadlines and Online Services in electronic form. Such information may be provided by email to contacts provided by Enrolled Affiliate under an Enrollment, or through a web site Microsoft identifies. Notice by email is given as of the transmission date. b. Assignment. Either party may assign this agreement to an Affiliate only. Assignment will not relieve the assigning party of its obligations under the assigned agreement. If either party assigns this agreement, it must notify the other party of the assignment in writing. c. Severability. If a court holds any provision of this agreement to be Illegal, invalid or unenforceable the rest of the document will remain In effect and this agreement will be amended to give effect to the eliminated provision to the maximumtextent possible. d. Waiver. A waiver of any breach of this agreement isnot a waiver of any other breach. Any waiver must be in writing and sighed by an authorized representative of the waiving party. e. Applicable law; Dispute resolution. The terms of this agreement will be governed by the laws of Enrolled Affiliate's state, without giving effect to its conflict of laws.Disputes relating to this agreement will be subject to applicable dispute resolution laws of Enrolled Affiliate's state. f. This agreement is not exclusive. Customer is free to enter into agreements to license, use or promote non -Microsoft software. g. Entire agreement. This agreement, the Product List, all Enrollments under this agreement, and the Product Use Rights constitute the entire agreement concerning the subject matter and supersede any prior or contemporaneous communications. In the case of a conflict between any documents referenced in this agreement that is not expressly resolved in the documents, their terms will control in the following order: (1) these terms and conditions and the accompanying signature form; (2) an Enrollment; (3) the Product List; (4) the Product Use Rights; (5) any other documents; and (6) all orders submitted under this agreement. Survival. Provisions regarding ownership and license rights, fees, Product Use Rights, restrictions on use, evidence of perpetual licenses, transfer of licenses, warranties, defense of infringement and misappropriation claims, Microsoft's and Customer's obligations to protect each other, limitations of liability, confidentiality, compliance verification, obligations on termination or expiration and the other provisions in this section entitled "Miscellaneous' will survive termination or expiration of this agreement and of any agreement in which they are incorporated. No transfer of ownership. Microsoft does not transfer any ownership rights in any licensed Product. Free Products. It is Microsoft's intent that the terms of this agreement and the Product Use Rights be in compliance with all applicable federal law and regulations. Any free Product EA2011AgrGov(1_S)SLG(ENG)(Ju12011) Page 12 of 13 Document X20-02032 provided to Enrolled Affiliate is for the sole use and benefit of the Enrolled Affiliate, and is not provided for use by or personal benefit of any specific government employee. k. Amending the agreement. This agreement (except the Product List and the Product Use Rights) can be changed only by an amendment signed by both parties. I. Resellers and other third parties cannot bind Microsoft. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. m. Privacy. Microsoft and Customer will comply with all applicable privacy and data protection laws and regulations. Customer may choose to provide personal information to Microsoft on behalf of third parties (including, Customer's contacts, resellers, distributors, and administrators) as part of this agreement. Customer represents and warrants that it has and will comply with any applicable laws to provide notices to or obtain permissions from any such individuals to allow sharing of their personal information with Microsoft for the purpose of allowing Microsoft or its agents to facilitate Customer's agreements and related services. Customer consents to Microsoft's use of the contact information provided by Customer for purposes of administering its agreements, the business relationship and related services and with Microsoft's sharing of Customer's information with Customer's designated representatives, resellers, distributors, and administrators for such purposes, including allowing such individuals to update Customer's contact information on Customer's behalf. The personal information Customer provides in connection with this agreement will be used and protected according to the privacy, statement available at https://www.microsoft.com/licensing/servicecenter to the maximum extent permitted by applicable law. Product -specific privacy commitments are described in the Product Use Rights. n. Natural disaster. In the event of a "natural disaster," Microsoft may provide additional assistance or rights by posting them on http://www.microsoft.com at such time o. Copyright violation.- Except as set forth in the section above entitled "Transferring and reassigning Licenses", the Enrolled Affiliate agrees to pay for, and comply with the terms of this agreement and the Product Use Rights, for the Products it uses. Except to the extent Enrolled Affiliate is licensed under this agreement, it will be responsible for its breach of this contract and violation of Microsoft's copyright in the Products, including payment of License fees specified in this agreement for unlicensed use. p. U.S. export jurisdiction. Products and Fixes are subject to U.S. export jurisdiction. Customer will comply with all U.S. Export Administration Regulations and International Traffic in Arms Regulation requirements as well as all end-user, end-use, and destination restrictions issued by the U.S. and other governments applicable to this agreement. For additional information, see http://www.microsoft.com/exporting EA201 1AgrGov(US)SLG(ENG)(Ju1201 1) Page 13 of 13 Document X20-02032 .P;rQgram,. Signature or , 1�P�68'Sfi-1161Nb�•�' 4-, a j� yIyp� Ye�� 'A9E88fiBt�i TIYfl111C"f �. [(� � � - y 7tiissrg€� faun and ��c;us#Etniarar:�'�e #aT�rxb: :�sigriit�9z�;.cj'Flqg-eYfecGvegat�:id�r6'tifiet€-tie[gw, - - - Contract €�acusnen`': E�urrti�er ar.e".aue e rt _ • .rr �d -h kl� �it IrlitiSs�W�y {.,�§ .+ ISO. f {� �{' L" S 4 E1• a 9fE•••1 ii6L`P e�a�+.�C i�d�.tl:�r3Y�l� 'i'.ii Ls ���e � -.. Lw�E.-�ir - b• "=po_r''o PCTP-99- sa s- « mi9 s.• - - Pe« pawatedName--rou5 MAfir- Printed TifleFWWOU WWW signature Date' (i/2tbi w 71f151iPS' O�`'i 1B.ieitilS Ot� Rioted Nade 6-""' . ' D.,....nMa (3er; CQty{�jlIaZ1C& 3�m9�'amSl�nFattnihd$8i9R}lNAiiF-�'�)iL1cfi201�} :ko 4:ar2 .1`.a]i�?�: �6�1'�gCi�'ib ,:trn'xi:?adHrerenCUienbTu�dirss�u�l.Siies�ale7 • ` f^" andic'3teS;tegLiretlfie7d � . — " �� � 'f'ia3� ?9nFaim�TvS 9 nNW(H ?EQd2�xW" ftikoR UkMsoh t, ( V®iume Licensing Enterprise Agreement Amendment Agreement number 01 E73134 Amendment DCTX- CA-Fsilver-CORIVA2 Microsoft to complete ID Number Microsoft to camplete This amendment is entered into between the Customer and Microsoft Affiliate signing, as of the effective date identified below. All terms used but not defined will have the same meanings as in the Microsoft Enterprise Agreement identified above ('the Agreement"), The following terms and conditions amend the terms and conditions of the Agreement identified above with respect to the Customer identified below and its Enrolled Affiliates. 1. Section 2. e. of the Enterprise agreement is hereby amended and replaced in its entirety as follows: e. Establishing price levels. Each product is assigned to one of the following pools: applications, systems or servers. An enrolled affiliate's prices are based on the "price level" for which it qualifies in each individual product pool. Price levels are established for enterprise products at Level D-7.5% and additional products at level D-7.5% for all enrollments unless otherwise specified in an amendment to a specific enrollment. Premier Service, MCS and Azure products are priced at Level D for the period of the Agreement. Product pools from which an enterprise product has been ordered, Generally, for each product pool from which an enrolled affiliate orders an enterprise product, the price level throughout the initial term of the enrollment for any enterprise products shall be D- 7.5% and additional products ordered from that pool will be priced at level D-7_5% for the period of the Enrollment. True -up pricing shall be D-75016 for enterprise and additional products ordered during the enrollment. Service products do not fall within these pools and are priced at level D for the period of the Agreement. When the user CALs are ordered, the price level for any enterprise products or additional products ordered from the server pool is established as follows: • If the user CALs are ordered as part of the Platform, then that price level is set as provided in the general rule. • If the user CALs are ordered in any other way, then that price level will be set based on the enrolled affiliate's initial number of qualified users. Product pools from which no enterprise product has been ordered. For any product pool from which the enrolled affiliate does not order an enterprise product, the price level for additional products within that pool will be price level "D" throughout the term of the enrollment (including any renewals). Renewal price levels. Generally, price levels for pools from which an enterprise product has been ordered will be level D-7.5% for Enterprise products and level D-7.5% for additional products at the initial order at the time of enrollment. True -up pricing shall be D-7.5% for enterprise and additional products ordered for the period of the enrollment. When renewing with the user CALs, the price level for any enterprise products or additional products ordered from the server pool is established as follows: EAAgr(Standalone)(NA)(ENG)(Oct2008) county of Riverside Pricing Revision BD Page 1 of 2 • If the user CALs are renewed as part of the platform, then that price level is reset as provided in the general rule. • If the user CALs are renewed in any other way, then that price level will be the price level which the enrolled affiliate qualifies based on the enrolled affiliate's total number of qualified users as of the date of the renewal order. Except for changes made by this amendment, all terms of this agreeme remai anged. By signing below, the parties agree to be bound by the terms of this amendment. Customer Contracting ffficrosoft Affiliate Name of Entity Micros Li GP County of Riverside Sig ture * Signature %, Printed Name* Prinff ted Name Ines M. Mark �e112k6 mewe Printed Title ` Printed Title P'maram hyanagol, Procurement Contract Specialist Signature Date * Signature Date 04/04/2012 (date Microsoftaffiliate countersigns) APR Effective Date * indicates required field (may be different than our signature date) �^ IA 1151! 012— Please sign this amendment and send to Customer's Reseller or Software Advisor, Customer's Reseller or Software Advisor must submit to the following address. When the amendment is fully signed, Customer will receive a confirming copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada USA 89511-1137 Prepared By: Forrest Silverman BAAgr(Standalone)(NA)(ENG)(Oct2008) County of Riverside Pricing Revision BD Page 2 of 2 CompuCom - software quote Quoted by Jason Carmer, CompuCom 7171 Forest Lane, Dallas TX 75230 Phone 480-272-6717'ason.carmer com ucom.com Please fax your POs to Client Assistance Center at 800-366-9994. You may call 800-400-9852, option 2, to check status on orders. Quoted to: City of Diamond Bar Ken DesFor es ken. desfor es ci.diamond-bar. ca. us Date 211912015 Important: Please provide the email address of the recipient designated to receive a CompuCom 'order confirmation" Quantity Part # Description Unit Price Ext. Price , Stzftwa+eAssutance,Renewa�s9rQm�brivll; 85 W06-01069 Core CAL Device CAL. Includes Windows Server CAL, Exchange server standard CAL, SCCM CAL, Sharepoint standard CAL, and Lync standard CAL. SA-only renewal $ 30.04 $ 2,553.40 1 395-02504 Exchange Server Enterprise. SA-only renewal $ 602.04 $ 602.04 85 269-12442 Office Pro Plus SA-only renewal $ 79.09 $ 6,722.65 20 359-00792 SQL CAL Device CAL. SA-only renewal $ 31.04 $ 620.80 15 228-04433 SQL Server Standard Server. SA-only renewal $ 133.32 $ 1,999.80 85 CW2-00307 Windows Desktop Operating System. SA-only renewal $ 29.05 $ 2,469.25 26 P73-05898 Windows Server Standard. Per proc. 2 proc license. SA-only renewal $ 131.11 $ 3,408.86 Please type "electronic software delivery" on your PO Product-total $ 18,376.80 Sub-Total $ 18,376.80 Tax Shipping No Char e Total Your ANNUAL EA renewal price $ 18,376.80' Prices good for 30 days Pass-Through Warranty and Other Rights. As a reseller, end-user warranties and liabilities (with respect to any third party hardware and software products provided by CompuCom) shall be provided as a pass-through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment. CITY COUNCIL Agenda #7.1 Meeting Date: June 16, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Managr TITLE: A Resolution of the City Council of tie City of Diamond Bar, California, Approving Tentative Tract Map No. 73201 (Planning Case No. PL2014-619) To Subdivide Air Space for a 10 -Unit Warehouse Condominium Located at 614-646 Brea Canyon Road, Diamond Bar, CA 91765 (Assessor's Parcel No. 8719-010-019). PROPERTY OWNER: Peichin Lee, 17582 E. Rowland Street #200, City of Industry, CA 91748 APPLICANT: Preston Chan of PPCN Investment, LLC, 17582 E. Rowland Street #200, City of Industry, CA 91748 PROJECT LOCATION: 614-646 Brea Canyon Road (Los Angeles County Assessor's Parcel Number 8719-010-019) RECOMMENDATION: Adopt Resolution No. 2015 -XX approving Tentative Tract Map No. 73201 to subdivide air space for a 10 -unit warehouse condominium. SUMMARY: The applicant is requesting approval of a Tentative Tract Map to convert an existing 20,577 square -foot, single -story, multi -tenant industrial warehouse building into a 10 -unit warehouse condominium on a 74,258 gross square -foot (1.7 gross acre) lot. The property is located at the northeast corner of Brea Canyon Road and Washington Street. No exterior modifications are proposed to the building or property. BACKGROUND: The project site is located on the northeast corner of Brea Canyon Road and Washington Street. The property was developed in 1986 under Los Angeles County standards with a 20,577 square - foot industrial warehouse building and leased for warehouse and storage uses. The existing building is on an elevated pad, approximately 13 to 14.5 feet higher than the intersection of the Brea Canyon Road and Washington Street centerlines. This building is presently divided into eight leasable units. The existing building complies with all required setbacks and development code regulations. The project site is legally described as Parcel 2 of Parcel Map No. 16640, and the Assessor's Parcel Number (APN) is 8719-010-902. PROJECT DESCRIPTION: The applicant proposes to subdivide the airspace within the building to create 10 for -sale condominium units, which will be governed by a property owners association (additional partitions will concurrently be constructed to increase the number of units from 8 to 10). The unit sizes range from 1,306 to 3,283 square feet. All units are designated for warehouse/storage space, with incidental office area limited to no more than 45 percent of each unit's gross floor area. There will be 58 parking spaces provided on-site with additional parking spaces available on the existing lot to the south. There will be no additional floor area or physical changes to the exterior of the building or property. SITE AND SURROUNDING GENERAL PLAN, ZONING AND LAND USES: The following table describes the surrounding land uses located adjacent to the subject property: Si7te Site North South East West DesignationGeneral Plan Light Industrial N/A Light Industrial Light Industrial Light Industrial Zoning District Land Use I N/A OP I IL I Industrial Warehouse Building Metrolink Station in City of Industry Professional and Medical Offices Public Storage Facility Office Industrial Park Page 2 W-,, - A Planning Commission Review On May 12, 2015, the Planning Commission reviewed and unanimously recommended that the City Council approve the Tentative Tract Map. The Planning Commission staff report is attached (Attachment 2). The Commission added a condition of approval requiring the applicant to designate the fire lanes with pavement marking and signage to enable enforcement by the Los Angeles County Fire Department (LACFD) and Los Angeles County Sheriff's Department (LASD) in order to prevent vehicles from parking in the fire lanes. The applicant has obtained approvals on the striping and signage plan from both LACFD AND LASD and is currently in the process of making the improvements as of the writing of this report. Signage and Striping Plan Approved by LACFD and LASD Page 4 ANALYSIS: Review Authorit Section 21.02.040 of the City's Municipal Code requires all subdivision applications to be reviewed for approval by the City Council. Tentative Tract Map (DBMC Section 21.20.080) Pursuant to Section 66424 of the Subdivision Map Act, a TTM is required for the creation of condominium units on improved land for the purpose of sale, lease or financing. Once the tentative map is approved, the more refined final map is approved by the City Council if deemed by the City Engineer to be in substantial conformance with the tentative map. The final map is then recorded with the Los Angeles County Recorder's Office, and is deemed valid. There are 10 units proposed within the existing warehouse building to be sold as condominiums and governed by an association. The building's common areas include exterior landscaped and walkway areas, an electrical room, and driveway and parking areas. As with any other condominium entity, all owners will have an undivided ownership interest over the entire parcel and building exterior, and a property owners association will be created to fund and manage the maintenance of all common areas and enforce CC&Rs and bylaws, among other responsibilities. The attached draft resolution includes a condition of approval requiring the CC&Rs to be submitted to the City Attorney for review and approval prior to Final Map approval and recordation. There is an existing Parking Permit with the office condominium to the south which allows shared access and parking with the subject property. The attached resolution includes a condition of approval requiring the CC&Rs to expressly include reference to the existing agreement to ensure that reciprocal access, parking and easement rights and privileges are also retained for the newly created condominiums. See Condition of Approval No. 3 under Tentative Tract Map of the Draft Resolution (Attachment 1). Parking Under the reciprocal access and parking easement, 95 off-street parking spaces are available to serve both the subject property and the neighboring office condominium to the south. Warehouse and storage facilities are required to provide one space for every 1,000 square feet of gross floor area, and incidental office space comprising more than 20 percent of the total gross floor area requires one space for every 400 square feet of gross floor area. As required by the City's code, the proposed warehouse condominiums requires 35 parking spaces. The incidental office area is limited to no more than 45 percent of each unit in order to comply with the parking requirement. With the existing office condominium building to the south requiring 60 spaces, the total number of required parking spaces between the two properties is 95 spaces. There are 95 spaces provided on both properties. Page 5 Parking Requirement ProvidedUse Sq. Ft. Parking Ratio Parking Parking Required Proposed Warehouse Condo Conversion Warehouse 10,977 1/1,000 sq. ff. 11 Incidental Office (Maximum) 9,600 1/400 sq. ft. 24 Total 20,577 35 58 Existing Office Condo to the South Professional Office 18,351 1/400 sq. ft. 46 Medical Office 3,443 1/250 sq. ft. 14 Total 21,794 60 37 Total for Both Lots 42,371 95 95 The proposed warehouse condominium complies with the parking standards. When the neighboring two story office condominium building to the south was approved by the City Council on July 16, 2013, a parking management plan was prepared to address the operational needs of the two properties at full occupancy as part of the Parking Permit. Using the Urban Land Institute's (ULI) shared parking methodology, the parking management plan evaluated the peak parking usage periods of the two properties and concluded that the shared parking analysis yields a peak parking demand that equates with the City's parking code requirement. The parking management plan incorporates parking practices, which are part of the CC&Rs, to require the availability of convenient parking for visitors, and to restrict the number of commercial fleet vehicles. A traffic impact analysis is not warranted because the proposed warehouse condominium conversion does not increase the floor area or change the land use/tenants from those allowed under current regulations that would affect daily trip ends, therefore, does not add a significant number of trips during the weekday peak hours to the surrounding roadway network. Therefore, all intersections and roadway segments will continue to maintain an acceptable level of service. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use. The project will not negatively affect the existing surrounding land uses since this is an existing building and the allowed uses will not change. There is an office industrial park to the west, office condominium to the south, a public storage facility to the east, and Metrolink station located in the City of Industry to the north. Therefore, operational characteristics are compatible with the surrounding uses. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site on May 29, 2015, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Page 6 Valley Tribune newspapers on June 5, 2015. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior Alterations to an Existing Structure) and 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. Prepared by: Attachments: Reviewed by: Greg Gubman, AICP Community Development Director 1. Draft CC Resolution No. 2015 -XX and Standard Conditions of Approval 2. Planning Commission Staff Report and Minutes dated May 12, 2015 3. Planning Commission Resolution No. 2015-09 4. Recorded Reciprocal Easement, Parking and Access Agreement 5. Tentative Tract Map No. 73201 Page 7 Attachment 1 CITY COUNCIL RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 73201 (PLANNING CASE NO. PL2014-619) TO SUBDIVIDE AIR SPACE FOR A 10 -UNIT WAREHOUSE CONDOMINIUM LOCATED AT 614-646 BREA CANYON ROAD, DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NO. 8719-010- 019). A. RECITALS 1. Property owner, Peichin Lee of PPCN Investment, LLC, filed an application for a Tentative Tract Map No. 73201 to subdivide air space for a 10 -unit warehouse condominium located at 614-646 Brea Canyon Road, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The Project Site is currently comprised of one parcel totaling 1.7 gross acres. It is located in the Light Industry (1) zone and is consistent with the Light Industrial land use designation of the General Plan. 3. The legal description of the subject property is Parcel 2 of Parcel Map No. 16640. The Assessor's Parcel Number is 8719-010-019. 4. On May 12, 2015, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the Project, subject to conditions. 5. On June 5, 2015, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 - foot radius of the project site and public notices were posted at the City's designated community posting sites on May 29, 2015. In addition to the published and mailed notices, the project site was posted with a display board. 6. On June 16, 2015, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 7. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: C. 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a)(Interior Alterations to an Existing Structure) and 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this City Council that the Proposed Project herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20.080, this City Council hereby makes the following findings: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the condominium subdivision of the site with 10 warehouse/storage units, and approximately 1.2 acres of common areas which include parking, driveway easements, and landscaped areas. The General Plan land use designation for the site is Light Industrial (1). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development: The proposed condominium subdivision will be consistent with the General Plan land use designation of Light Industrial, which allows for the development of 10 warehouse/storage units in a 20,577 square -foot building. The property is already improved with the existing building and is located within an urbanized area adequately served by existing roadways and infrastructure. No new construction will take place except for interior tenant improvements. Therefore the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: 2 TTM 73201 PL2014-619 The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction will take place, and there will be no physical changes to the building and property. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area and is consistent with other similar improvements in the area. No new construction will take place except for interior tenant improvements. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: The site has existing driveway access and parking easements within the project site. A condition is added to the project requiring that the Covenants, Conditions, and Restrictions (CC&R's) that governs the 10 -unit warehouse condominium building shall expressly include reference to the existing reciprocal access and parking agreement to ensure that reciprocal access and easement rights and privileges are also retained for the newly created condominiums, prior to final map approval. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: The project site shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewerline easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with an existing building. No new construction or grading will take place, and there will be no exterior changes to the building or property. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. The existing building complies with all required setbacks and development code regulations. Based on the findings and conclusions set forth herein and as prescribed under DBMC 3 TTM 73201 PL2014-619 Section 21.20.080, this City Council hereby finds and approves the Tentative Tract Map, subject to the following conditions, and the attached Standard Conditions of Approval: /_�ei=IT=FZ"_1 I 1. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of Planning and Building & Safety Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. 3. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Tentative Tract Map No. 73201 (Planning Case No. PL2014-619), at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees. 4. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent landscape maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. B. TENTATIVE TRACT MAP 1. The development shall comply with the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. 2. The approval of Tentative Tract Map No. 73201 expires within three years from the date of approval if the recordation of the map has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing for a time extension if submitted to the City no less than 30 days prior to the approval's expiration date, subject to DBMC Section 21.20.150 for City Council approval. 3. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R's) that governs the 10 -unit warehouse condominium building shall be submitted for review and approval by the Planning Division, Public Works/Engineering Department and City Attorney and recorded with the Los Angeles County Recorder's Office. The CC&Rs shall expressly include reference to the existing reciprocal access and parking agreement to ensure that reciprocal access and easement rights and privileges are also retained for the newly created condominiums. 4 TTM 73201 PL2014-619 The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Peichin Lee of PPCN Investment, LLC, 17582 E. Rowland Street #200, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 16TH DAY OF JUNE 2015, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M Steve Tye, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 16th day of June 2015, by the following vote: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 5 TTM 73201 PL2014-619 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Tract Map No. 73201 (Planning Case No. PL 2014- 619) SUBJECT: A Tentative Tract Map to subdivide air space for a 10 -unit warehouse condominium PROPERTY OWNER/ APPLICANT: Peichin Lee of PPCN Investment, LLC, 17582 E. Rowland Street #200, City of Industry, CA 91748 LOCATION: 614-646 Brea Canyon Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Development Review, Tentative Tract Map No. 73201 (Planning Case No. PL2014-619) brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 6 TTM 73201 PL2014-619 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Tract Map No. 73201 (Planning Case No. PL 2014-619) at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 7. The applicant shall comply with the requirements of Planning and Building and Safety Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. 8. These conditions of approval shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval or mitigation measure imposed as a condition of this approval, shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 14. Failure to comply with any of the conditions set forth herein or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non-compliance improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 7 TTM 73201 PL2014-619 B. FEES/DEPOSITS 1. Prior to final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Tentative Tract Map No. 73201 shall expire within three (3) years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code Section 21.20.140 and 22.66.050(b)(1). In accordance with Diamond Bar Municipal Code Section 22.60.050(c), the applicant may request, in writing, for a one-year time extension for City Council consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the Fee Schedule in effect at the time of submittal. s�,a zs7kvnixiw 1A-kni 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the City Council, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within thirty (30) days prior to final map approval. 3. Prior to final map approval, surety shall be posted guaranteeing completion of monumentation. 4. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map or addressed in the CC&R's, as approved by the City Engineer. 5. Applicant shall label and delineate on the final map or within the CC&R's any private drives or fire lanes to the satisfaction of the City Engineer. 8 TTM 73201 PL2014-619 6. The CC&R's shall address reciprocal access and parking for all property owners. 7. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map. Permission shall be obtained from each utility company for any grading or construction over existing easements. 8. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 9. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 10 Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 11. All activities/improvements proposed for Tentative Tract 73201 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer, 12. Prior to issuance of occupancy, addresses for each unit shall be submitted for review and approval by the Public Works/Engineering Department. B. DRAINAGE 1. Maintenance plan/program of all on-site facilities shall be incorporated into the CC&R's. C. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map or addressed in the CC&R's. D. SEWERS 1. Easements for the existing sewer line which crosses property lines shall be offered in the CC&R's. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 9 TTM 73201 PL2014-619 1. The additional new demising wall shall obtain building permits and inspections from the Building and Safety Division prior to leasing out any spaces. 2. Upgrades for ADA accessibility shall be required for future tenant improvements within each space as required per CBC 11 B-202. 3. The new accessible parking stall shall slope 2% maximum, not block existing drainage, and not create a slope of more than 5% in any area of the parking lot. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT, (323) 890-4243, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. ACCESS 1. Fire Department apparatus access shall be extended to within 150 feet of all portions of the exterior walls of any future buildings or structures. Verification for compliance will be performed during the building plan check review prior to building permit issuance. 2. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires all weather access. 3. All onsite driveways shall provide a minimum unobstructed width of 26 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance "clear to sky" Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Fire Code 503.1.1 & 503.2.2 4. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved Fire Department turnaround. Fire Code 503.2.5 Include: The dimensions of the turnaround, with the orientation of the turnaround shall be properly placed in the direction of travel of the access roadway. 5. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 25 tons (Engine) / 37 '/2 tons (Truck/ Quint) and shall be surfaced so as to provide all-weather driving capabilities. Fire apparatus access roads having a grade of 10 percent or greater shall have a paved or concrete surface. Fire Code 503.2.3 6. The Final Map shall be submitted to our office for review and approval prior recordation. 7. Multiple commercial buildings having entrances to individual units not visible from the street or road shall have unit numbers displayed in groups for all units within each structure. Such numbers may be grouped on the wall of the structure or mounted on a post independent of the structure and shall be positioned to be plainly visible from the street or road as required by Fire Code 505.3 and in accordance with Fire Code 505.1. 10 TTM 73201 PL2014-619 8. Fire lanes shall be designated with pavement markings and signage to enable enforcement, by the Los Angeles County Fire Department (LACFD) and Los Angeles County Sheriff's Department (LASD). The striping and signage plans shall be subject to LACFD and LASD review and approvals. B. WATER SYSTEM REQUIREMENTS 1. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. 2. Additional water systems may be required by Fire Prevention Engineering Unit if any new construction is proposed or any changes with the existing configuration. 3. All on-site fire hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. Fire Code Appendix C106 4. All private on-site fire hydrants shall be installed, tested and approved prior to building occupancy. Fire Code 901.5.1 5. Plans showing underground piping for private on-site fire hydrants shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 901.2 & County of Los Angeles Fire Department Regulation 7 6. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4 7. Spacing of fire hydrants shall not exceed the distances specified in Fire Code C105.2 & C106. Show all existing public and private on-site fire hydrants on the site plan. Include the location of all public fire hydrants within 300 feet of the lot frontage on both sides of the street. Specify size of fire hydrant(s) and dimension(s) to property lines. Additional fire hydrant requirements may be necessary after this information is provided. 8. Parking shall be restricted 30 feet adjacent to any required public fire hydrant, 15 feet on each side measured from the center of the fire hydrant. Adequate signage and/or stripping shall be required prior to occupancy. END 11 TTM 73201 PL2014-619 Attachment 2 10 DL1.�I01�D BRI PLANNING COMMISSION\� AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: May 12, 2015 CASE/FILE NUMBER: Tentative Tract Map No. 73201 — Planning Case No. PL2014-619 PROJECT LOCATION: 614-646 Brea Canyon Rd. Diamond Bar, CA 91789 (APN 8719-010-019) GENERAL PLAN DESIGNATION: Light Industrial (1) ZONING DISTRICT: Light Industry (1) PROPERTY OWNER: Peichin Lee 17582 E. Rowland Street #200 City of Industry, CA 91748 APPLICANT: Preston Chan PPCN Investment, LLC 17582 E. Rowland Street #200 City of Industry, CA 91748 SUMMARY: The applicant is requesting approval of a Tentative Tract Map to convert an existing 20,577 square -foot, single -story, multi -tenant industrial warehouse building into a 10 - unit warehouse condominium on a 74,258 gross square -foot (1.7 gross acre) lot. The property is located at the northeast corner of Brea Canyon Road and Washington Street. No exterior modifications are proposed to the building or property. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) recommending approval of Tentative Tract Map (TTM) No. 73201 (Planning Case No. PL2014-619), based on the findings of Diamond Bar Municipal Code (DBMC) Section 21.20.080, and subject to conditions of approval as listed within the draft resolution. BACKGROUND: The project site is located on the northeast corner of Brea Canyon Road and Washington Street. The property was developed in 1986 under Los Angeles County standards with a 20,577 square -foot industrial warehouse building and leased for warehouse and storage uses. The existing building is on an elevated pad, approximately 13 to 14.5 feet higher -than the intersection of the Brea Canyon Road and Washington Street centerlines. This building is presently divided into eight leasable units. The existing building complies with all required setbacks and development code regulations. The project site is legally described as Parcel 2 of Parcel Map No. 16640, and the Assessor's Parcel Number (APN) is 8719-010-902. PROJECT DESCRIPTION: The applicant proposes to subdivide the airspace within the building to create 10 for - sale condominium units, which will be governed by a property owners association (additional partitions will concurrently be constructed to increase the number of units from 8 to 10). The unit sizes range from 1,306 to 3,283 square feet. All units are designated for warehouse/storage space, with incidental office area limited to no more than 45 percent of each unit's gross floor area. There will be 58 parking spaces provided on-site with additional parking spaces available on the existing lot to the south. There will be no additional floor area or physical changes to the exterior of the building or property. SITE AND SURROUNDING GENERAL PLAN, ZONING AND LAND USES: The following table describes the surrounding land uses located adjacent to the subject property: North South N/A Light Industrial N/A OP Metrolink Station in City of Industry Professional and Medical Offices East Light Industrial I Public Storage Facility West Light Industrial I Office Industrial Park Page 2 of 6 CD: Staff Reports PC/Brea Canyon Road 614-646 PC Staff Report 5-12-15.docx IL ♦ 3 N� Fi till M7 - G � ANALYSIS: Review Authority DBMC Section 21.20.080) The proposed project requires a Planning Commission recommendation to the City Council for approval of a TTM application. Tentative Tract Map Pursuant to Section 66424 of the Subdivision Map Act, a TTM is required for the creation of condominium units on improved land for the purpose of sale, lease or financing. There are 10 units proposed within the existing warehouse building to be sold as condominiums and governed by an association. The building's common areas include exterior landscaped and walkway areas, an electrical room, and driveway and parking areas. As with any other condominium entity, all owners will have an undivided ownership interest over the entire parcel and building exterior, and a property owners association will be created to fund and manage the maintenance of all common areas and enforce CC&Rs and bylaws, among other responsibilities. The attached draft resolution includes a condition of approval requiring the CC&Rs to be submitted to the City Attorney for review and approval prior to Final Map approval and recordation. There is an existing Parking Permit with the office condominium to the south which allows shared access and parking with the subject property. The attached resolution includes a condition of approval requiring the CC&Rs to expressly include reference to the existing agreement to ensure that reciprocal access, parking and easement rights and privileges are also retained for the newly created condominiums. See Condition of Approval No. 3 under Tentative Tract Map of the Draft Resolution (Attachment 1). Parking Under the reciprocal access and parking easement, 95 off-street parking spaces are available to serve both the subject property and the neighboring office condominium to the south. Warehouse and storage facilities are required to provide one space for every 1,000 square feet of gross floor area, and incidental office space comprising more than 20 percent of the total gross floor area requires one space for every 400 square feet of gross floor area. As required by the City's code, the proposed warehouse condominiums requires 35 parking spaces. The incidental office area is limited to no more than 45 percent of each unit in order to comply with the parking requirement. With the existing office condominium building to the south requiring 60 spaces, the total number of required parking spaces between the two properties is 95 spaces. There are 95 spaces provided on both properties. Page 4 of 6 CD: Staff Reports PC/Brea Canyon Road 614-646 PC Staff Report 5-12-15.docx Parking Requirement Proposed Warehouse Condo Conversion Warehouse 10,977 1/1,000 sq. ft. 11 Incidental Office (Maximum) 9,600 1/400 sq. ft. 24 Total- 20,577 35 58 Existing Office Condo to the South Professional Office 18,351 1/400 sq. ft. 46 Medical Office 3,443 1/250 sq. ft. 14 Total 21,794 60 37 Total for Both Lots 42,371 95 95 The proposed warehouse condominium complies with the parking standards. When the neighboring two story office condominium building to the south was approved by the City Council on July 16, 2013, a parking management plan was prepared to address the operational needs of the two properties at full occupancy as part of the Parking. Permit. Using the Urban Land Institute's (ULI) shared parking methodology, the parking management plan evaluated the peak parking usage periods of the two properties and concluded that the shared parking analysis yields a peak parking demand that equates with the City's parking code requirement. The parking management plan incorporates parking practices, which are part of the CC&Rs, to require the availability of convenient parking for visitors, and to restrict the number of commercial fleet vehicles. A traffic impact analysis is not warranted because the proposed warehouse condominium conversion does not increase the floor area or change the land use/tenants from those allowed under current regulations that would affect daily trip ends, therefore, does not add a significant number of trips during the weekday peak hours to the surrounding roadway network. Therefore, all intersections and roadway segments will continue to maintain an acceptable level of service. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use. The project will not negatively affect the existing surrounding land uses since this is an existing building and the allowed uses will not change. There is an office industrial park to the west, office condominium to the south, a public storage facility to the east, and Metrolink station located in the City of Industry to the north. Therefore, operational characteristics are compatible with the surrounding uses. Page 5 of 6 CD: Staff Reports PC/Brea Canyon Road 614-646 PC Staff Report 5-12-15.docx Additional Review The Public Works/Engineering Department, Building and Safety Division, and the County of Los Angeles Fire Department reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site on April 30, 2015, and the notice was published in the Inland Valley Dailv Tribune and San Gabriel Valley Tribune newspapers on May 1, 2015. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior Alterations to an Existing Structure) and 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending approval of Tentative Tract Map No. 73201 (Planning Case No. PL 2014-619) to subdivide air space for a 10 -unit warehouse condominium, to the City Council, based on the findings of DBMC Section 21.20.080, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: ee Senior Planner Greg Gubman, AICP Community Development Director Attachments: 1. Draft PC Resolution No. 2015 -XX and Standard Conditions of Approval 2. Recorded Reciprocal Easement, Parking and Access Agreement 3. Tentative Tract Map No. 73201 Page 6 of 6 CD: Staff Reports PC/Brea Canyon Road 614-646 PC Staff Report 5-12-15.docx MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION MAY 12, 2015 CALL TO ORDER: Chairperson Ruth Low called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: 1 2. 3 CI 3 ROLL CALL: Present: Vice Chairman Pirritano led the Pledge of Allegiance. Commissioners Frank Farrago, Jennifer "Fred" Mahlke, Bob Nishimura, Vice Chairperson Peter Pirritano and Chair Ruth Low Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie T. Espinoza, Assistant Planner, and Stella Marquez; Administrative Coordinator, MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 14, 2015. C/Nishimura moved, C/Farago seconded, to approve the April 14, 2015, Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Mahlke, Nishimura, VC/Pirritano, Chair/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Tentative Tract Map No. 73201 — Planning Case No. PL2014-619 — The applicant requested approval of a Tentative Tract Map to create an airspace subdivision of an existing 20,577 square foot single story industrial ware- house building on a 1.7 gross acre lot for the purpose of creating 10 commercial/industrial condominium units. The property is zoned Light MAY 12, 2015 PAGE 2 PLANNING COMMISSION Industry (1) with a consistent underlying General Plan land use designation of Light Industrial. PROJECT ADDRESS: 614-646 Brea Canyon Road Diamond Bar, CA 91789 PROPERTY OWNER: Peichin Lee 17582 E. Rowland Street #200 City of Industry, CA 91748 APPLICANT: Preston Chen PPCN Investment, -LLC 17582 E. Rowland Street #200 City of Industry, CA 91748 SP/Lee presented staffs report and recommended that the Planning Commission recommend City Council approval of Tentative Tract Map No. 73201 PL2014- 619, based on the Findings of Fact, and subject to the conditions of approval as listed in the draft resolution. C/Nishimura referred to Exhibit B indicating parking and said he noticed that on the north parcel there are two parking spaces (No. 57 and No. 58) indicated on the west side of the parcel which do not exist. SP/Lee said that C/Nishimura was correct. She stated that after the project was approved the developer looked at other better locations and the most current site plan (Attachment No. 3, Sheet AS101) reveal that the two parking spaces (No. 57 and No. 58) were relocated and constructed at a better: location to the northeast. C/Nishimura said he visited the site today and was unable to find the two spaces on the west side of the building. C/Farago asked when the Commission approved the building a couple of years back, this was the building that had the ambulance company with several fleet vehicles and were they suppose to work something out about that because it was a real issue with the neighbors that so many of the spaces were taken up by the ambulance company. SP/Lee responded that the ambulance company left the premises and now there is a restriction in the CC&R's that limits the number of commercial fleet vehicles per unit. Chair/Low said she visited the site today and saw all kinds of vehicles parked behind units J, I, H and G all along the east side of the property. In fact, when she was there a FedEx truck came by and must have believed that it was customary to double park in the fire lane which he did, and that action prevented vehicles from getting through the area. She wanted to know if anything could be done about that issue and SP/Lee responded that she visited the site during the last couple of weeks and did not notice vehicles parked next to units I, J and H MAY 12, 2015 PAGE 3 PLANNING COMMISSION but did notice that there were cars parked next to the two-story office building which is also a fire lane. Parking in the fire lane is not allowed and she has notified the property owner accordingly and they in turn have notified all of the owners, tenants and employees. In addition, SP/Lee notified the property owners that the vehicles would need to be towed away because they are parking in a designated fire lane which is not allowed. C/Nishimura said it is a designated fire lane but it is not legally posted and there is no red curb with a contrasting white fire lane and there are inadequate signs posted at the entrance and along the walls. There are some faded signs along the east brick wall that shares a storage space but it not a legal fire lane and wanted to know if the Commission could do something to get them to post it as such. SP/Lee said the Commission could add a condition to the project that would speak to C/Nishimura's concerns should it choose to do so. C/Nishimura reiterated that he was at the site today. He noticed that the two-story building to the south is only half occupied and at lunch time when people should have been at lunch there was no parking on the front lot and there were four or five cars along the north side of the building. He did not see anybody on the east side but he could see where people would double park there to make deliveries and vehicles could not get by. He wanted to know if there was a way the City could make them legally post those fire lanes at the entrance to both properties and have both properties posted. SP/Lee reiterated that it is to the Commission's discretion. Chair/Low said she believed the requirement could be added to the Conditions of Approval to accompany the motion of approval. Chair/Low asked if the agreement for shared spaces lasts into perpetuity and SP/Lee responded that the agreement will be updated and the CC&R's for the industrial warehouse building will reference the parking agreement. Chair/Low asked if it was true that the use of these condos was for storage, etc., and that the office space was very minimal or incidental and whether the City knows what businesses currently reside in the building and what businesses are contemplated for the future. SP/Lee responded that she understands the current businesses include a watch repair business, the Korean Yellow Pages, and other warehouse storage types of uses. The applicant would need to speak to information regarding applications for purchase/occupancy. One interested buyer is a'tax accounting office which will limit office usage and store documents. She said she is not aware of any other potential buyers; however, uses are limited to warehouse/storage types of uses. Retail is not allowed and professional offices are not allowed. Preston Chan, applicant, thanked the Commission for considering this project and staff for assisting his firm through this process. PPCN Investment, LLC has MAY 12, 2015 PAGE 4 PLANNING COMMISSION done a number of projects in the City and he and his firm like working with the City, Commission and Council. The building will be primarily used for warehouse storage. To clarify the watch company's business, they actually manufacture the watches overseas, ship them to the states and store them on premises. Another woodworking company makes paddles for college fraternities and sororities and has a large inventory of woodworking items, etc. And of course it is up to the City whether these companies will qualify for their business licenses. Businesses are notified by PPCN at the time of purchase that if their businesses are not within the guidelines of warehouse/industrial they will need approval from the City. VC/Pirritano said that usually CC&R's will stipulate what they can put in the building and what they cannot. Mr. Chan agreed and said that the CC&R's have been submitted to the City and they are still under review. VC/Pirritano said he believed they have to be submitted to the state as well and Mr. Chan said he did not believe so. CC&R's go to the City's Attorney for review and recommendations. Mr. Chan further explained that certain uses are limited in the CC&R's but they are unable to capture everything in the document. VC/Pirritano said the City did not want a fireworks manufacturer in the building. Chair/Low said she did not want fireworks to be stored in the building. Mr. Chan said that is up to the discretion of the City. VC/Pirritano said he would be interested in looking at the CC&R's. SP/Lee referred the Commission to the draft Resolution which includes conditions from the County FireDepartment with regard to having the unobstructed space in the fire lanes so the applicant will be required to comply with the fire department's conditions. Chair/Low asked if the Commission's proposed amendment would then be redundant and C/Nishimura said he believed the amendment he would want to request would require signage so that enforcement could be done. Without the signs and proper lane markings the property owner cannot cite or tow. SP/Lee said that staff would recommend the Commission add a condition that states "the fire lanes shall be designated with pavement markings and signage to enable enforcement subject to the LA County Fire Department and Sheriff's Department." C/Farago, asked if the association was responsible for both the exterior and interior or is the unit owner responsible for their own interiors and SP/Lee responded that the association is responsible for the electrical room and exterior only. Chair/Low opened the public hearing. With no one present who wished to speak on this matter, Chair/Low closed the public hearing. MAY 12, 2015 PAGE 5 PLANNING COMMISSION C/Nishimura moved, VC/Pirritano seconded, to recommend City Council approval of Tentative Tract Map No. 73201 — Planning Case No. PL2014-619 as amended with the addition of the following Condition of Approval to the Resolution: "The fire lanes shall be designated with pavement markings and signage to enable enforcement, subject to the LA County Fire Department and LA County Sheriff's Department." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Mahlke, Nishimura, VC/Pirritano;Chair/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None' 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Farago said he has been driving by the corner of Diamond Bar Boulevard and Grand Avenue and noticed that it is looking pretty abandoned and''unmaintained. He asked if there had been any complaints and whether the City could do anything about the matter. CDD/Gubman said he is not aware that the Code Enforcement Officer has received any complaints but with the information provided by C/Farago the Code Enforcement Officer will be asked to look into the matter at the start of the next business day. Chair/Low asked what was happening with the shopping center across from Lorbeer Middle School and CDD/Gubman responded that the shopping center was purchased by the owner of the land upon which sits the vacant Kmart building and he is looking into long-range plans of assembling ,parcels to connect the Kmart property with that site to potentially establish a more comprehensive redevelopment plan for the area. Nothing is happening at this time with regarding to redevelopment of the site. Chair/Low asked if staff had an opening date for the Walmart Market and CDD/Gubman responded that July 1 is the targeted opening date for the market. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 "Public Hearing dates for future projects. CDD/Gubman stated that the next Planning Commission meeting is scheduled for May 26 and there is one item on the agenda which is an addition to a residence at 2657 Crooked Creek. The application for this project was deemed complete this week and staff has been able to submit the Public Hearing Notice as required. CDD/Gubman further stated that the Fiscal Year 2015-16 Budget was approved by the City Council on May 5 along with the Capital Improvement Program the Commission found to be in conformance with the City's General Plan. The MAY 12, 2015 PAGE 6 PLANNING COMMISSION budget is balanced and the Capital Improvement Plan that was adopted is the largest CIP for one year in the City's history at $20 million. There are a number of public improvements slated. The City Council established a Special Fund for the Comprehensive General Plan Update and seeded that fund with additional monies in this budget. The workload in the Planning Division at this time is going to be able to accommodate staff's ability to prepare an RFP to get a consultant on board to begin the two to three year process for the update. The entire Planning Commission will have the opportunity to participate in public meetings and public hearings and in addition, there will be community design charrettes, workshops, etc., on the weekends and all of the components will be better defined once the RFP is sent out and the City begins receiving ideas from consultants. The City is close to embarking on this very significant process on the heels of the City's first and current General Plan's 20th year of existence.'. Chair/Low said she noticed that the development on Diamond Bar Boulevard and Brea Canyon Road is moving forward. CDD/Gubman said the City continues to issue permits and just issued permits for Phase IV of the development. To date, more than 100 of 182 total building permits have been issued and the project will be completed before the end of 2016. The park component has lagged a bit behind the home construction, which is due largely to approvals that are needed from the LA County Public Works Department. Staff expects to see the approvals finalized and the easements recorded so that the developer can move forward to complete improvements such as installing the footbridge that will connect parts of the park that are separated by the channel and the landscape improvements. Much of the prep work for the park has been completed and it is expected that the park will suddenly take shape and be in`a turnkey condition to transfer to the City about the time the new homes begin to be occupied. Chair/Low said that in the news this week was an article about a parcel of land between Diamond Bar and Chino Hills (Tres Hermanos). She asked if the City of Diamond Bar had any interest or influence over the parcel. CDD/Gubman responded that the City of Diamond Bar holds the land use authority through its zoning powers to control the destiny of that site. 700 acres lies within Diamond Bar alone and the entirety of Tres Hermanos is about 2400 acres. The other 1700acres are located in the City of Chino Hills. Presumably a developer will purchase the land and have an interest in master planning it. It will definitely be a controversial project which is to be expected. 700 acres alone of undeveloped scenic land being considered for development will generate significant controversy and the City will have the power to control what is ultimately approved and the land use plan will be shaped by the public process and the Environmental Impact process that will need to take place. While it will be an exciting process, it will be arduous and one in which the City expects input from not only Diamond Bar residents but Pomona and Chino Hills as well. MAY 12, 2015 PAGE 7 PLANNING COMMISSION C/Mahlke said she noticed the City Council meeting date was incorrect on the agenda and she did not want to miss the T -Mobile discussion. CDD/Gubman stated that the item is slated for the June 2 City Council meeting. Chair/Low thanked staff for the reports and minutes. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Chair/Low adjourned the regular meeting at 7:35 p.m. Planning The foregoing minutes are hereby approved this 26th day of May, 2015 Attest: Respectfully Submitted, Greg Gubman Community Development Director Ruth Low, Chairperson Commission, Attachment 3 PLANNING COMMISSION RESOLUTION NO. 2015-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,. - .. CALIFORNIA, RECOMMENDING THAT THE.CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO. 73201 (PLANNING CASE NO. PL2014-619) TO SUBDIVIDE AIR SPACE FOR A 10 -UNIT INDUSTRIAL WAREHOUSE CONDOMINIUM LOCATED AT 614-646 BREA CANYON RD., DIAMOND BAR, CA 91789 (ASSESSOR'S PARCEL NO. 8719-010-019). A. RECITALS 1. Property owner, Peichin Lee, filed an application for Tentative Tract Map No. 73201 to subdivide air space for a 10 -unit office condominium located at 614-646 Brea Canyon Rd., Diamond Bar, Los Angeles County, California ("Project Site"). 2. The Project Site is currently comprised of one parcel totaling 1.7 gross acres. It is located in the Light Industry (1) zone and is consistent with the Light Industrial land use designation of the General Plan. 3. The legal description of the subject property is Parcel 2 of Parcel Map No. 16640. The Assessor's Parcel Number is 8719-010-019. 4. On May 1, 2015, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and public notices were posted at the City's designated community posting sites on April 30, 2015. In addition to the published and mailed notices, the project site was posted with a display board. 5. On May 12, 2015, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 6. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior Alterations to an Existing Structure) and 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this Planning Commission that the Proposed Project herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20.080, this Planning Commission hereby finds and recommends as follows: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the condominium subdivision of the site with 10 warehouse/storage units, and approximately 1.2 acres of common areas which include parking, driveway easements, and landscaped areas. The General Plan land use designation for the site is Light Industrial fl): The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development: The proposed condominium subdivision will be consistent with the General Plan land use designation of Light Industrial, which allows for the development of 10 warehouse/storage units in a 20,577 square -foot building. The property is already improved with the existing building and is located within an urbanized. area adequately served by existing roadways and infrastructure. No new construction will take place except for interior tenant improvements. Therefore, the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction will take place, and there will be no physical changes to the building and property. 2 Planning Commission Resolution No. 2015-09 4. The 'design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision is not likely to cause serious public health or safety problems because the property is already improved with the existing building and is located within an urbanized area, consistent with other similar improvements in the area. No new construction will take place except for interior tenant improvements. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: The site has existing driveway access and parking easements within the project site. A condition is added to the project requiring that the Covenants, Conditions, and Restrictions (CC&Rs) that governs the 10 -unit warehouse condominium building shall expressly include reference to the existing reciprocal access and parking agreement to ensure that reciprocal access and easement rights and privileges are also retained for the newly created condominiums, prior to final map approval. 6. The discharge of sewagefrom the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: The project site shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that the lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with an existing building. No new construction or grading will take place, and there will be no exterior changes to the building and property. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. The existing building complies with all required setbacks and development code regulations. Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 21.20.080, this Planning Commission hereby finds and recommends that the City Council approve the Tentative Tract Map, subject to the following conditions,.and the attached Standard Conditions of Approval: 3 Planning Commission Resolution No. 2015-09 A. GENERAL 1. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of Planning and Building and Safety Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department attached hereto and referenced herein. 3. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Tentative Tract Map No. 73201 (Planning Case No. PL2014-619), at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees. 4. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent landscape maintenance program shall be implemented ensuring. regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. B. TENTATIVE TRACT MAP 1. The development shall comply . with the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. 2. The approval of Tentative Tract Map No. 73201 expires within three years from the date of approval if the recordation. of the map has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing for a time extension if submitted to the City no less than 30 days prior to the approval's expiration date, subject to DBMC Section 21.20.150 for City Council approval. 3. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R's) that governs the 10 -unit warehouse condominium building shall be submitted for review and approval by the Planning Division, Public Works/Engineering Department and City Attorney and recorded with the Los Angeles County Recorder's Office. The CCRs shall expressly include reference to the existing reciprocal access and parking agreement to ensure that reciprocal access and easement rights and privileges are also retained for the newly created condominiums. 4 Planning Commission Resolution No. 2015-09 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2015, BY THE --PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. J� BY: Ruth Low, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of May 2015, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary Farago, Mahlke, Nishimura, VC/Pirritano, C/Low None None None 5 TRACT MAP NO. 73201 COMMUNITY DEVELOPMENT ,.DEPARTMENT STANDARD CONDITIONS COMMERCIAL OFFICE CONDOMINIUM CONVERSION PROJECT #: Tract Map No. 73201 Planning Case No. PL 2014-619 SUBJECT: A Tentative Tract Map to subdivide air space for a 10 -unit warehouse condominium PROPERTY Peichin Lee 17528 E. Rowland Street #200, City of Industry, OWNER: CA 91748 APPLICANT: Preston Chan 17528 E. Rowland Street #200, City of Industry, CA 91748 LOCATION: 614-646 Brea Canyon Rd., Diamond Bar, CA 91789 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval Tentative Tract Map No. 73201 (Planning Case No. PL2014-619) brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 6 Planning Commission Resolution No. 2015-09 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Tract Map No. 73201 (Planning Case No. PL 2014-619) at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 7. The applicant shall comply with the requirements of Planning and Building and Safety Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. These conditions of approval shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval imposed as a condition of this approval, shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. Failure to comply with any of the conditions set forth herein or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non-compliance improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. B. FEESIDEPOSITS Prior to final map approval, all deposit accounts for the processing of this project shall have no deficits. Planning Commission Resolution No. 2015-09 C. TIME LIMITS 1. The approval of Tentative Tract Map No. 73201 shall expire within three (3) years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code Section 21.20.140 and 22.66.050(b)(1). In accordance with Diamond Bar Municipal Code Section 22.60.050(c), the applicant may request, in writing, for a one-year time extension for City Council consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the City Council, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within thirty (30) days prior to final map approval. 3. Prior to final map approval, surety shall be posted guaranteeing completion of monumentation. 4. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map or addressed in the CC&R's, as approved by the City Engineer. 5. Applicant shall label and delineate on the final map or within the CC&R's any private drives or fire lanes to the satisfaction of the City Engineer. 6. The CC&R's shall address existing reciprocal access and parking for all property owners. 7. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map. 8 Planning Commission Resolution No. 2015-09 Permission shall be obtained from each utility company for any grading or construction over existing easements. 8. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 9. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 10. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 11. All activities/improvements proposed for Tentative Tract Map No. 73201 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 12. Prior to issuance of occupancy, addresses for each unit shall be submitted for review and approval by the Public Works/Engineering Department. B. DRAINAGE 1. Maintenance plan/program of all on-site facilities shall be incorporated into the CC&R's. C. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map or addressed in the CC&R's. D. SEWERS 1. Easements for the sewer lines which cross property lines shall be offered in the CC&R's. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The additional new demising wall shall obtain building permits and inspections from the Building and Safety Division prior to leasing out any spaces. 2. Upgrades for ADA accessibility shall be required for future tenant improvements within each space as required per CBC 11 B-202. 9 Planning Commission Resolution No. 2015-09 3. The new accessible parking stall shall slope 2% maximum, not block existing drainage, and not create a slope of more than 5% in any area of the parking lot. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT, (323) 890-4243, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. ACCESS 1. Fire Department apparatus access shall be extended to within 150 feet of all portions of the exterior walls of any future buildings or structures. Verification for compliance will be performed during the building plan check review prior to building permit issuance. 2. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires all weather access. 3. All onsite driveways shall provide a minimum unobstructed width of 26 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance "clear to sky" Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Fire Code 503.1.1 & 503.2.2 4. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved Fire Department turnaround. Fire Code 503.2.5 Include: The dimensions of the turnaround, with the orientation of the turnaround shall be properly placed in the direction of travel of the access roadway. 5. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 25 tons (Engine) / 37 '/2 tons (Truck/ Quint) and shall be surfaced so as to provide all-weather driving capabilities. Fire apparatus access roads having a grade of 10 percent or greater shall have a paved or concrete surface. Fire Code 503.2.3 6. The Final Map shall be submitted to our office for review and approval prior recordation. 7. Multiple commercial buildings having entrances to individual units not visible from the street or road shall have unit numbers displayed in groups for all units within each structure. Such numbers may be grouped on the wall of the structure or mounted on a post independent of the structure and shall be positioned to be plainly visible from the street or road as required by Fire Code 505.3 and in accordance with Fire Code 505.1. 8. Fire lanes shall be designated with pavement markings and signage to enable enforcement, by the Los Angeles County Fire Department (LACFD) and Los Angeles County Sheriff's Department (LASD). The striping and signage plans shall be subject to LACFD and LASD review and approvals. 10 Planning Commission Resolution No. 2015-09 B. WATER SYSTEM REQUIREMENTS 1. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. 2. Additional water systems may be required by Fire Prevention Engineering Unit if any new construction is proposed or any changes with the existing configuration. 3. All on-site fire hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. Fire Code Appendix C106 4. All private on-site fire hydrants shall be installed, tested and approved prior to building occupancy. Fire Code 901.5.1 5. Plans showing underground piping for private on-site fire hydrants shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 901.2 & County of Los Angeles Fire Department Regulation 7 6. All required public fire hydrants shall be installed, tested and accepted prior to beginning construction. Fire Code 501.4 7. Spacing of fire hydrants shall not exceed the distances specified in Fire Code C105.2 & C106. Show all existing public and private on-site fire hydrants on the site plan. Include the location of all public fire hydrants within 300 feet of the lot frontage on both sides of the street. Specify size of fire hydrant(s) and dimension(s) to property lines. Additional fire hydrant requirements may be necessary after this information is provided. 8. Parking shall be restricted 30 feet adjacent to any required public fire hydrant, 15 feet on each side measured from the center of the fire hydrant. Adequate signage and/or stripping shall be required prior to occupancy. END 11 Planning Commission Resolution No. 2015-09 A Attachment 4 This page is part of your document - DO NOT DISCARD of LOS 20140645495 �,�`�� II Illlllll l II Pog,4 II I III III If I lI II Il 1111111 Recorded/Filed in Official Records t ♦ Recorder's Office, Los Angeles County, tCalifornia x C'tUFO RM�r 06/23/14 AT 08:OOAM FEES: 72,00 TARES: 0.00 OTHER: 0.00 PAID: 72.00 !I�IWVRIMmIIIYINtlI�RI��IOtlI�VV� LEADSHEET IIIII I IIII I I IIII (1111 {1111 {{III III I IIIII IIII IIIII Illll IIII 11{111 IIIA III I IIII IIII 201406230150011 00009317480 111111 IIV IIIII IIIII IINI Iill lel IIIII //II/VI IIII 006254282 SEQ: 20 DAR - Title Company (Hard Copy) IVIlIIIINVNIIIIIINIIIIIIIVIIIIVIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIINIIlIIIIIIIIIIIIIIIIIIII IIIIIIIIIINIIIIIIIINIIIIIIIIIiNIIIIIIIV111111VIININNIIIIIIIIIIIIIIIIVIIIIIIlIIIIIIVIIIII THIS FORM IS NOT TO BE DUPLICATED t19 - EMMO STEWART TITLE RECORDING REQUESTED BY: Peichin Lee Brea Canyon Investment, LLC 17528 E. Rowland Street, Suite 288 City of Industry, CA 91748 WHEN RECORDED MAIL TO: Peichin Lee Brea Canyon Investment, LLC 17528 E. Rowland Street, Suite 288 City of Industry, CA 91748 06/23/2014 SPACE ABOVE THIS (WETS TOR RECORDERS USE RECIPROCAL EASEMENT, PARKING AND ACCESS AGREEMENT THIS RECIPROCAL EASEMENT, PARKING AND ACCESS AGREEMENT ("REA") is made and entered into as of June 18, 2014, by and between PPCN Investment, LLC a California Limited Liability Company ("North Owner"), and Brea Canyon Investment, LLC, a California limited liability company ("South Owner" and together with North Owner, the "Current Owners"), being all the Owners of the Parcels (as defined below). A. WHEREAS, North Owner is the Owner of certain improved real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described on Exhibit A-1 attached hereto and incorporated herein by this reference (the "North Parcel'); B. WHEREAS, South Owner is the Owner of certain unimproved real property located in the City, more particularly described on Exhibit A-2 attached hereto and incorporated herein by this reference (the "South Parcel' and together with the "North Parcel," each a "Parcel' and, collectively, the "Project Site"); C. WHEREAS, the Project Site is generally depicted on the site plan attached hereto as Exhibit B and the South Parcel is indicated thereon with a red border; D. WHEREAS, North Owner and South Owner, as the Owners of the Project Site, hereto desire to provide for mutual parking and other easements on the terms described herein, and as required by the City of Diamond Bar (the "City") on the terms described herein; E. WHEREAS, on or about July 16, 2013, pursuant to City Council Resolution Nos. 2013-23 and 2013-24, the City approved Development Review and Parking Permit No. PL2012-455 (the "Planning Application') with respect to the South Parcel, subject to the Current Owners entering into and recording this REA; l z- I F. WHEREAS, North Owner and the South Owner desire to enter into this REA in order to facilitate the development and occupancy of the South Parcel pursuant to the Planning Application. G. WHEREAS, this REA sets forth the various easements, covenants, conditions and restrictions affecting the Project Site, including, without limitation, reciprocal easements benefiting each of the Parcels; AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Ten and 00/100 Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, North Owner and South Owner hereby agree as follows: 1. Definition of Common Area. For the purpose of this REA, "Common Area" shall be all land, improvements and personal property necessary to the operation of such improvements located within the boundaries of the North Parcel and the South Parcel as depicted on the site plan attached hereto as Exhibit B; provided, however, that any building structure (including all land, improvements and personal property within) shall not be Common Area. The trash enclosures and trash collection receptacles located in, the northeast of the North Parcel are not "building structure[s]". Common Area shall include, but not be limited to, the Automobile Parking Area (as defined below), curbs, perimeter sidewalks, other sidewalks not within building limit lines, identification signs, trash enclosures and trash collection receptacles, and personal property (such as maintenance equipment) necessary for the operation of such improvements and facilities. 2. Definition of Automobile Parking Area. "Automobile Parking Area" shall be that portion of the Project Site used for the passage and parking of motor vehicles, together with all improvements, including access roads, curbs, directional signs, driveways, incidental and interior roadways, landscaping, light standards, pedestrian sidewalks and stairways, and walkways, in and adjacent to areas used for parking of motor vehicles; provided, however, that any building structure (including all land, improvements and personal property within) shall not be Automobile Parking Area. 3. Recinrocal Easements. The North Owner and the South Owner hereby declare, establish and grant to each other and all their respective heirs, personal representatives, successors and assigns for the benefit of each Parcel non-exclusive, reciprocal easements over, across and through all portions of the Common Area of the Project Site located on the North Owner and the South Owner's respective Parcels for (a) vehicle parking, pedestrian and vehicular ingress and egress, passage, travel and deliveries, and (b) sewers, utilities, communication facilities, gas and other energy facilities, and drainage facilities, provided that such easements will be limited so that the implementation and use thereof shall not interfere with the intended primary uses of the Common Area for parking and ingress and egress on an overall basis, (c) use of trash enclosures and trash collection receptacles, and (d) cross lot drainage between the North Parcel and the South Parcel. Any Owner may permit its employees, agents, contractors, -2- customers, vendors, suppliers, visitors, invitees and licensees ("Permittees") to use such easements in accordance with the provisions of this REA. No parking area shall be subject to exclusive use by Permittees of any Owner. No parking shall ever be permitted on the designated driveways, fire lanes, entranceways, and exits of the Project Site. Access to the Project Site, and/or parking on the Project Site by, full-sized (WB -40 or larger) trucks shall be prohibited. Further, each Owner agrees to grant to any public utility or governmental entity and its successors and assigns easements for sewer, utility communication facilities, gas and other energy facilities, or drainage purposes under and through the Common Area located on any Parcel in which such Owner has an interest, provided that such easements will be limited so that the use thereof will not unreasonably interfere with the intended primary uses of the Common Area for parking and ingress and egress on an overall basis, and provided further such easements shall be non-exclusive unless otherwise reasonably required by the utility company or governmental entity. All sewer, utility, drainage and flood control facilities located within the Common Area shall include the right to erect, maintain, operate, repair, remove and replace all necessary lines, facilities, transformers and meters. All sewer, utility, drainage and flood control facilities located within the Common Area shall be below finished ground surface, except for any above ground retention basins approved by the Current Owners. All such facilities that are located above finished ground surface shall be attractively painted or reasonably screened from view by landscaping or fencing. No walls, fences or barriers of any sort or nature shall be constructed or erected on or around the South Parcel, or any portion thereof, which shall prevent or impair the use or exercise of any of the easements set forth herein, or the free access and movements of vehicular and pedestrian traffic within and between the Parcels or ingress from or egress to the abutting highways and roads; provided, however, that curb stops and other reasonable traffic controls, including without limitation, direction markers and parking stops, as may be reasonably necessary to guide and control the orderly flow of traffic may be installed so long as the access driveways in the Common Areas are not closed or effectively blocked. 4. Implementation of Parking Management Plan. In accordance with the recommendations set forth in the Parking Analysis and Management Plan for Brea Canyon Business Center, dated July 3, 2013, prepared by Linscott, Law & Greenspan in conjunction with the Planning Application, the Current Owners also agree as follows: a. The South Owner and/or any property owners' association established with respect to the South Parcel shall encourage all owners and/or tenants of individual condominium units on the South Parcel and their employees to park on the North Parcel, so that there is adequate parking for guests and visitors of the owners / tenants of the units located on the South Parcel. b. The North Owner shall incorporate terms into all of its leases for units located on the North Parcel, (i) which limit the number of tenant and employee vehicles associated with each unit that are permitted to be parked at any one time on the Project Site to a number equivalent to the minimum number of parking spaces required for the type of use occupying the unit by the City of Diamond Bar Municipal Code, (ii) which restrict to a maximum of four (4) the number of commercial and company vehicles -3- associated with each unit that are pennitted to be parked at any one time on the Project Site; and (iii) which subject tenants violating such terms to penalties and/or lease termination. c. Subject to review and approval by the City, the South Owner shall construct four (4) additional parking spaces on the South Parcel, in addition to those parking spaces shown on the plans approved as part of the Planning Application. 5. Determination of Share of Common Area Maintenance Costs. All costs associated with the use of trash enclosures and trash collection receptacles (as specified in Paragraph 3) in the Common Area, including but not limited to collection services and maintenance, shall be borne sixty percent (60%) by North Owner and forty percent (40%) by South Owner. The North Owner shall, from time to time, but not more often than once each month and not less than every six (6) months, send to the South Owner a written statement itemizing the total of said costs for the preceding month (or longer period). The South Owner shall pay its share, as herein provided, within thirty (30) days after receipt of the statement. Unless otherwise set forth in this REA, each Owner shall pay all maintenance costs for the laird, improvements and personal property situated in its respective Parcel. 6. Not a Public Dedication. Nothing contained in this REA shall be deemed to be a gift, exaction, or dedication for public use of all or any portion of the Project Site to the general public or for any public purpose whatsoever, it being the intention of the Current Owners that this REA shall be strictly limited to and solely for the purposes expressly set forth in this REA. 7. Covenants Run With the Land. Each of the restrictions, obligations, easements, and covenants set forth herein (collectively, the "Covenants") shall be covenants running with the land pursuant to California Civil Code Section 1468. Such Covenants shall also be mutual equitable servitudes upon the North Parcel and the South Parcel, and each part thereof, burdening, appurtenant to, and benefitting each and every other part thereof. 8. Successors and Assigns. This REA and each of the Covenants shall inure to the benefit of and be binding upon the North Owner, the South Owner, and their heirs, personal representatives, successors and assigns. This REA and each of the Covenants shall be binding upon and benefit any person or entity acquiring an interest in the North Parcel and/or the South Parcel, including, without limitation, all tenants, lessees, licensees, subtenants and/or occupants of the North Parcel and/or the South Parcel, whether by operation of law or otherwise. Every person or entity who now or hereafter owns or acquires an), right, title or interest in or to any portion of the North Parcel and/or the South Parcel is and shall be conclusively deemed to have consented and agreed to the Covenants contained herein, whether or not any reference to this instrument is contained in the instrument by which such person or entity acquired their right, title or interest in such property. -4- I 9. Enforcement of REA by City, Waiver. The City is an intended third -party beneficiary of this REA and shall have the right, but not the obligation, to enforce this REA by a proceeding at law or in equity against any person or persons violating or attempting to violate any Covenant provided for herein, either to restrain or enjoin such violation or to recover damages. Violation of this REA by the South Owner and/or its successors or assigns shall also constitute a violation of the conditions of approval to the Planning Application, enforceable by City by any legal or administrative proceeding authorized by law. The failure of the City to insist upon the strict performance of any Covenant contained in this REA shall not be deemed a waiver of any right or remedy that City may have or a waiver of any subsequent breach or default in the performance of any Covenant contained in this REA. 10. Lienholder Protection, This REA and the rights, privileges, covenants, agreements and easements hereunder with respect to the Project Site shall be superior and senior to any lien placed upon the North Parcel or the South Parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach of this REA shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust encumbering the North Parcel or the South Parcel, and made in good faith and for value, but all the covenants and restrictions, easements and conditions and other provisions, terms and conditions contained in this REA shall be binding upon and effective against any person (including, but not limited to, any mortgagee or beneficiary under a deed of trust) who acquires title to the North Parcel and/or the South Parcel or any portion thereof by foreclosure, sale, deed in lieu of foreclosure or otherwise. 11. Counterparts. This REA may be executed in multiple counterparts, each of which, when assembled to include an original or faxed signature for each party contemplated to sign this REA, will constitute a complete and fully executed agreement. All such fully executed original or faxed counterparts will collectively constitute a single agreement. 12. Effectiveness. As a condition to the effectiveness of this REA, South Owner shall pay all fees and expenses incurred by the North Owner in connection with this REA, including, without limitation, any costs and expenses incurred in connection with the preparation, negotiation or recordation of this REA, any fees and expenses incurred in connection with obtaining any lender's approval, and any associated legal fees, costs, or expenses. 13. Choice of Law. This REA shall be governed by the laws of the state of California. 14, Severability. If any term, covenant, condition or provision of this REA, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this REA, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. -5- I 15. Amendment and Termination. This REA may not be modified, amended, removed, extinguished, rescinded or terminated, in whole or in part, except by written instrument executed by each of the North Owner, the South Owner, and the City Manager of the City, and recorded in the Official Records of Los Angeles County, California, [Remainder of this page intentionally left blank.] NORTH OWNER: PPCN Investment, LLC, A California Limited Liability Compan Xy«::.. By (Signature):. Name (Printed): I o1 A,yL Lee, Title: fA a YT STATE OF CALIFORNIA COUNTY OF L -s i !2:e4PS I SS. On u 7_0 �q before me, /1oV/4�GiN Ma, 7-71A" 1-2" %C personally Who proved to me on the basis of satisfactory evidence to be the persou(,j) whose name(&)- is/are- subscribed to the within instrument and acknowledged to me that he/she/thEy executed the same in hWfier/their authorized capacity(ies), and that by bis/her/thrrr signature(s) on the instrument the person(,s�; or the entity upon behalf of which the person*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ CHONG LAM MA Commission No. 2070230 NOTARY PUBLIC-CAUFORNIA I LOS ANGELES COUNTY LMy Comm E%PM JUNE 2, Iota %- SOUTH OWNER: Brea Canyon Investment, LLC, A California Limited Liability C By(Signature): %� ,,�, Name (Printed): Eo;4I11 / J �— Title:CL�Q�� I STATE OF CALIFORNIA COUNTY OF ,-as !01 240 } SS. IS �IWRWN before. _ -me, personally appeared' Pe,r4; A 1..2e Who proved to me on the basis of satisfactory evidence to be the person(-} whose name(gj is/ar6" subscribed to the within instrument and acknowledged to me that befshe/tiT6y executed the same in hWher/Keeir authorized capacity(ies), and that by itiether/*ir signature(sl on the instrument the persona, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature Com' ` ME CHONG LAM MA Commission No.2070230 NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY MY Carom. ErPM JUNE 2,1018 I !9 EXHIBIT A-1 (1 of 2) Parcel 2 of Parcel Map No. 16640, in the City of Diamond Bar, County of Los Angeles, State of California, as per map recorded in Book 181, Pages 74 and 75 of Parcel Maps, in the Office of the County Recorder of said County. Except a portion of said Parcel 2, described as follows: The Southerly 5:00 feet of the Easterly 103.55 feet of the Westerly 154.27 feet, measured along the Southerly line of said Parcel 2. Said land is also shown and described as Parcel 1 of an Instrument entitled "Certificate of Compliance City of Diamond Bar Case No. LLA -018-001", a certified copy of which is recorded August 01, 2013, as Instrument No. 20131133415 of Official Records. U EXHIBIT A-1 (2 of 2) Excerpt from "Certificate of Compliance City of Diamond Bar Case No. LLA -618-001" EXHIBIT 'B' LOT LINE ADJUSTMENT i NOTE, LEGEND TMs PLAr wAs PREPARED :Row FARLI EXISTING LOT LME TO N£CGRO DATA PER PM NO, 16660 Remix PMa Tat, PCS 74 AND 73. — — — — — EXISTING LOT LINE TO P -ILL 1111-74-75 Y' SE REAOVED APN: 8719-010-901 NEV LOT L16C i to 8.1460.00' L-'i7,11 PARCEL 1 8 PARCEL 2 ---- WASHINGTON STREET 10 PN NO. low m P.M,11.181-7475 1Z APN: 8719-010-902 lO � Z IQ T(BB78'S5t f03.SS' 50.17— — — Ll �y t1 M'55T 322.W i PARCEL2 8 FARLI PM MOlaw F1 P -ILL 1111-74-75 Y' APN: 8719-010-901 88456'S6T i]lOD' 8.1460.00' L-'i7,11 I 8 3 ---- WASHINGTON STREET St£ET 3 OF 4 SCALE I' = 40' CAL LAND ENGINEERING, INC. LOT LINE ADJUSTMENT dba OUARTECH CONSULTANTS q12 S GCS 576 E. LAMBERT ROAD BREA, OA 92821 JndN C. Lrr PLS 6407 614 6 650 Brea Canyon Rd (71/671-1050 Mnrcb e, 2013 Dkvwnd Bar, Caffrornk (71467I-1040 TA% -IO- EXHIBIT A-2 Lot t of Tract No. 72067, in the City of Diamond Bar, County of Los Angeles, State of California, as per map recorded in Book 1377, Pages 99 & 7,00 of Maps, in the Office of the County Recorder of said County. -11- [77ais page intentionally, left blcmk] -I2- EXHIBIT B — SITE PLAN uWWI.I bs�w.l� -13- I, IIw LL I � I II I NORTH PARCEL I, it I, :..... II I I� — --7-----------i----- PRIVATE DRIVEWAY AND FIRE ANE 1 ji � I I I ,• � y :i C3 SOUTH PARCEL -13- 618 BREA CANYON INDUSTRIAL CONDOS 618 BREA CANYON RD., DIAMOND BAR, CA 91789 FACADE AT NORTHWEST CORNER DRAWING SYMBOLS ABBREVIATIONS N9 = AOOEMLaL IIPNAN019NC DMGNPIp4 RUINING GOTTEN INDICATOR — — — NO NO =SECUDYRAL W,VAUMfAIC DECISION CAN, DING DING = Dial NUMBER WHERE SSrnGN 15 DRAWN IT AN REFLUN, EXTERIOR VIEW INNAAM WAREHOUSE DING NG = YaRNNPL ALESS C SULFATES CAG .= HEARING NUMBER WERE DEAFEN IS DRAWN AIN "N&xnram SEGPON WOIGTOA FOR POSTAL BUILDING Iw ' ' NO = ALAI AUTOMATIC DESIGNATION CA ISAAC NOMURA WHERE SALON IS pUVM 11 w DETAIL INDIANA WAREHOUSE NO NC SOUL TVL AUEANONERIC SEPT.. nwAULNIF Na. —11,AS -AS RAG OWJA G NUMBER ALLEFF ALLOW IS DAWN SAW ,wEwN,, AM REC nu u Iexeticry IXOIGIOR E1. AM SOc SO M FLOWN SUNNI WHFPE SEGWN IS MAIN ABBREVIATIONS N9 = AOOEMLaL IIPNAN019NC DMGNPIp4 AODM COME NO ll UP CAN, Am la- IT AN REFLUN, IDI=SELIEMILL ALPHANUMERIC RESIGNATION WAREHOUSE al muen AIN "N&xnram , Iw MATcx FILE INmGIOR F 11 w STM WAREHOUSE A B MARIO A R C t B = MHAIOA fLEVAFIOk INpCA10R H nwAULNIF Na. —11,AS -AS IN, SAW ,wEwN,, SUPER LAOS (SHE WO RGOR PIArvS A IXOIGIOR E1. 1306 S.F. OOMMONAREA 2 I / RITEN TWRITER q = CEVADOry R I DAVM ONE AND INOIGTDR SCOPE: SUBDIVIDE ANY CONVERT THE D19IING EIGHT (P) UNIT ILI xmN, .n FAL P olecl RMSId! INTRAMN — 0 Na PARE tt2x INNET .1 AIR FAINOOF 2. CENTER xF SLUMP a Wµ45 -a. BC INDUSTRIAL ACCmONAI NOTES: USE GF THE BUILDING WILL BE RESWICIED TO SESSION 0.9E INNCAIOR a— FEC QUE S' CRACCULL TROE NORM WOANING NORTH BE WALLY HAVE SMN1 OFFICE ROOF. RASED ON THE CEO PARKING CODE. FMN CONDO UNE WILL BE IN BCCA OFSUMR0 ALLPNED A MLANUM OF SIX OF THE UNRi NET ro x ONss THE THE GAYS CODE) AND' THE NUMMUNNING A..WAREHOUSE USE THE 'Nal, HAVE PIE ND N9 = AOOEMLaL IIPNAN019NC DMGNPIp4 AODM COME fl00M IOEMIFIEx GWG UK = DRAWING NUMBER WHERE. SECTOR G SPAIN 101 ROOM NO'—ANNE GF SPACE B WAREHOUSE 1504 S.F. IDI=SELIEMILL ALPHANUMERIC RESIGNATION WAREHOUSE 1559 S.F. !LTD` =_ WAREHOUSE Q INTERIOR fLEVAPON INOIGTOF = SEC'.If1mK NPR B@GNAllary SFE M/x—Mx MATcx FILE INmGIOR F ANERRIC TWO =ORAXINO WkfRCSftRON B DRUM 1889 S.F. O WAREHOUSE A B MARIO A R C t B = MHAIOA fLEVAFIOk INpCA10R H RN5HED N INOIGTOR 1359 S.F. I WAREHOUSE SUPER LAOS (SHE WO RGOR PIArvS A IXOIGIOR E1. 1306 S.F. OOMMONAREA 2 I / RITEN TWRITER q = CEVADOry R I DAVM ONE AND INOIGTDR SCOPE: SUBDIVIDE ANY CONVERT THE D19IING EIGHT (P) UNIT (SECIICNS ANDF1fVAnONS COLUMN GRD INDICATOR WITH COLUMN SM LINES P olecl RMSId! INTRAMN — 0 NCTE I. ME OF SULTS h WJNWOgT G-101 CHANGES TO THE E%191NF BUILDING ANG EXIATTA DE 2. CENTER xF SLUMP a Wµ45 AT EE NORTHER. BC INDUSTRIAL ACCmONAI NOTES: USE GF THE BUILDING WILL BE RESWICIED TO SESSION 0.9E INNCAIOR -- --- — A TROE NORM WOANING NORTH —11UN NNE CODE SUMMARY ALL WORK PERTAINING 10 AND ALL MATERNES SUPPLIED FOR EXECLIDNG HE COMPLETING THIS CONRTACT SHALL COMPLY WIRE PROVISIONS SPECIFIED IN THE CONTRACT DOCUMENTS h NITH ALL APPLICABLE LAWS, REGULATIONS k ORDINANCES GOVERNING WORK INCLUDING. BUT NOT UAITEO TO THOSE OF. 2000 T-24 2000 CALIFORNIA ENERGY STANDARDS 2013 GUFORNA BUILDING CODE (GAC) 2013 GUFORNIA FIRE CODE (CFC) 2013 CALIFORNIA ELECTRIC CODE (CEC) 2013 CALIFORNIA MECHANICAL CODE (CMC) 2013 CALIFORNIA PLUMBING CODE (CPC) AND LOCAL AMENDMENTS PARTICIPANTS OWNER PPCN INVESTMENT, LLC 17528 ROWIIWD ST. CTIY OF INDUSTRY, CA 91748 CONTACT: PRESTON CHNN TEL (626) 913-8939 ARCHIN CREATIVE DESIGN ASSOCIATES 17528 E ROWIAND STREET, CITY OF INDUSTRY, CA 91748 PHONE: (626) 913-8101 FAX: (626) 913-8102 EMAIL:. ECHHTJ®CA—ARI CONTACT: ERIC. CHEN CIVIL ENGINEER APPLE ENGINEERING 9080 IELSTAR AVE. 1)309 EL MONTE, CA 91731 (909) 522-9818 CONTACT: MIKE WAD NO CHANGE UP FASIWG CONSENCALU N R9PNC FROM 1ENANF IMPRWEMENT.. COMRPITCR TO VERIFY AND OBIAN OWNER APPPWPI FCR MVS. MW AT AND FINISR OF ALL FIx1URE5/NRUCAND/ AND CR D.C. THAT STROLL ME INCLUDING AS A USE OF THD WORK A THE TENMT CONM9C10R TO COORDINATE AS REQUIRED WITH RECORD ENGINFFAS ON FAR MOM FOR COMPUANCE A, BUILDING DEPARTMENT APPROVAL CONDMNS. SHEETINDEX GENERAL G-101 SHEET INDEx, GENERAL NOTES k PROJECT DATA T — 1 TFNTATNE MAP ARCHITECTURAL AS -101 OVERALL SITE PLAN: MAE OEM CONDITIONS OF APPROVAL AS -1 O2 SHE DETAILS A-101 FASTING At PROPOSED FLOOR PLANS A-102 ROOF PUN A-200 UNIFORM ELEVATIONS PROJECT DESCRIPTION THE EXISTING INDUSTRIAL BUILDING IS CURRENTLY SUBDIVIDED NiIEIGHT (8) SEPARATE UNIT.T E PROPOSED PROJECT WILL BE TO SUBDIVIDE THE ROGERS BUILDING WID TEM (10) INDUSTRIAL CONDO IL IR. UNITAREA (EXISTING CONDO UNITS) FIRSTFLOOR 1EA, Lai 618 BREA CANYON RD.CORNER BW, 0,q 91789 AREA A WAREHOUSE 2889 S.F. B WAREHOUSE 1504 S.F. O WAREHOUSE 1559 S.F. O WAREHOUSE 3283 S.F. E WAREHOUSE 2696 SF.11 F WAREHOUSE 1889 S.F. O WAREHOUSE 1339 S.F. H WAREHOUSE 1359 S.F. I WAREHOUSE 1359 S.F. J WAREHOUSE 1306 S.F. OOMMONAREA 1394 S:F. TOTAL AREA 20.5T/ S.F. Attachment 5 PROJECT SUMMARY 1EA, PXWECI SCOPE. 618 BREA CANYON RD.CORNER BW, 0,q 91789 V L / A ASSESSOR'B PARLEY NO 3119-01 0-01A U Tp ¢Ga GMNAPP 9 (SEI SURIBV Na CREATIVE DESIGN } a z } LCM1 ASSOCIATES LOULm AME, (EOMs Ia.zse sF ry : x1503 SF HNibcWR.In10YIar D. Nal(FOAM SWTCAAD 56 STARS NL CEL ONLY) AMMANA3e10y LOU 2—THEA RUTTING P.E. MMM$ PROPOSED USE INC. CONOD G{y NIMwW,fA 91'NB OCCUPANCY GROUP: R A S wmv.vin2.mn OCCUPANCY LOW: 2057 S, F./1GC = 206 REASONS CepyryNBNy Creaiva OvgnNuely. Mc HAL 1DG4.1.1) RUINING CWERAGF 20,97 S.F./74,76 IF. = 275% o ALWa :l ME CF WNSIRUBTIM: TIRE III —N SCOPE: SUBDIVIDE ANY CONVERT THE D19IING EIGHT (P) UNIT INOUARPL WAREHOUSE RUIIDING 117 A TEN (10) UNC P olecl INDITRIAL WAREHOUSE LADDS DRILLING NO PHYSICAL (Yt x MN,N.p;,D, a G-101 CHANGES TO THE E%191NF BUILDING ANG EXIATTA DE AI AT EE NORTHER. BC INDUSTRIAL ACCmONAI NOTES: USE GF THE BUILDING WILL BE RESWICIED TO CONDOS WMEHOIAE USE AD WAREHOUSE USE 5 DEFINED IN THE UIYS CODE). HOWE ,, WAREHOUSE BUILDINGS BE WALLY HAVE SMN1 OFFICE ROOF. RASED ON THE CEO PARKING CODE. FMN CONDO UNE WILL BE IN BCCA OFSUMR0 ALLPNED A MLANUM OF SIX OF THE UNRi NET 01.0..1ON SPACE FOR OFFME WE AS OFFICE USE 6 O61NEC W THE THE GAYS CODE) AND' THE NUMMUNNING A..WAREHOUSE USE THE 'Nal, HAVE PIE MIIHORCY TO MMKE THIS REOUWENENT THROUGH THE bSUANfF CA MENIAL OF BUSINESS MATT SES AND TWJiI INDEMNIFIED PERMITS. IF ANY OTHER USE IS REOUESTRY BY A BUSINESS LAMER/I THE BUSINESS GONER/USER WILL NEED TO GO THROUGH THE CIMS CONCDIGNAI USE FRESH PROCESS FOR APPROVAL PPCN INVESTMENT, LLC TOTAL BREWING AMER,; FACTOR BUILDING NG 20,5)) S.P. TOTAL AREA 20.57 SI - STORY: ECUADOR 1—STORY FAO: REQUIRED: ¢25 — 1.00 PRONOEC: 20,577 CE/74,7S"SE - 0.20, SETBACKS REJmam EXISTING PROMISED MOAT 1' 31'—V .it'—C RUN r, 20'—O' SQ•_7• 53•_7• ¢FT SIDO NONE 711 79'-4' ROAD 510E NONE 2B'-0" TB'—GY PARKING ANALYSIS E PAMIMG 1EA, TOTAL PARKING PEOUIRLD 95 PERE STARS LOS 1— WAMRHUSE ANNE &E. O 4W 5F MIT PARKING = 24 STALLS 1G,9T7 SF O IOW CF GIH 111= 11 STALLS LOU 2— DFROU BI.. U Tp MOST S.F. O WO SF, MIT PARKING =46MI5 m'[ 3,03 SS. 0 250 S.F. ULN PAI = 14 STALES } a z } >f'Pi✓07 PA9HINC PROPOSED 95 SIAILS }t b aG1LV LOT 1— wMFNWss SWTCAAD 56 STARS PAa, PNNW} NWRICW 2 SWISS (I VAN AENGABLE) LOU 2—THEA RUTTING VANMVTO 37 STNLS C 91GRU TRIM = 5% OF PARKING = 3 SINLS .NO TERM = IF OF ..NO 2 AA115 PAOv10E0 4 atop L'U.. SHEET INDEX, SHOW FORM PROTIDES 2 IRAQ TEAM PAEANS z GENERAL NOTES $PROJECTDATA TOTAL LANDSCAPE COVERAGE REDNRM: 2RF N TOTAL COMBINED AREA (OWN) 1696N2=ZSdCI IF LGAProfe�INo. fiM I IS PAa, PNNW} C N' VICINITYMAP © _ PROJECT T o 1ALANMND CoRRmnow / 2 FEREDEIT COkREGTION I �A IAIwN.n.Myl vvqq M'A o ALWa :l xym Re.x.r.r Na WaMIIAy1VII AS Wr a wmp re: (Yt x MN,N.p;,D, a G-101 AI JACK IEE, RCE 40870 GAL LAND ENGINEERING, INC. 576E. LAMBERT RI BREA, CA 92521 TEL (714) 671-1050 FAX: (714) 671-1090 OWNER. PEON INVESTMENT, DEC 17528 E. ROWW D STREET. CITY OF INDUSTRY. CA 91748 (626) 913-6939 EASEMENT NOTES: ACENTERUNE OF 1S WIDE EASEMENT TO WNNUT VALLEY WATER DISTRICT, PER INST. NO. 55-1124534. RECO SEPTEMBER 26, 1965, O.R. B. 10' WIDE EASEMENT TO EGG COMPANY, PER INST. 20111174009. RECO AUGUST 23, 20101 O.R. C. 5.5' WIDE EASEMENT TO CITY OF INDUSTRY. PER INST. NO. 20110483144, RECD MARCH 31, 2011- 0, SLOPE EASEMENT, PER INST, NO. 20140570232, RECO JUNE 03, PO1C TENTATIVE TRACT NO. 73201 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES STATE OF CALIFORNIA PARCEL 2 OF PARCEL MAP NO. 16640. IN THE CITY OF DIAMOND BAR; COUNTY OF LOS ANGELES. STATE OF CAUFORNIA, AS PER MAP RECORDED IN ROOK 181, PAGES 74 TO 75 OF PARCEL MAPS, IN THE COUNTY RECORDER OFFICE OF SAID COUNTY. PROPERTY INFORMATION: FOR CONDOMINIUM CONVERSION PURPOSES ZONE: LORI PER: 8719-010-019 LOT SIZE: 74,258 3 SO. FT (1.70 AC) GROSS AREA: 74,258 SO. FT N0. OF EXISTING UNIT(S): 10 NET AREA, 61.602 50. FE. 019 NO. OF PROPOSED UNII 10 3 NO. OF STORY(IES): 1 r -. NO OF PARKING(5): PROPOSED 56 EX SEWERAGE DEPOSAL: BY GRAVITY SEWER PIPES TO SEWER MAIN r WATER WALNUT VALLEY wANGELES DISTRICT SEWER COUNTY OF LOAN EIEGTWCN. - SOUTHERNSCALFORNA SANITATEDISONIOCOOISIRICT TELEPHONE GENERAL TELEPHONE COMPANY (VERIZCN) GAS THE GAS COMPANY FIRE LRS ANGELES ES NTYCOU FIRE SHERIFF DEPARTMENT SHERIFF—LOS ANGELES COUNTY SHERIFF BENCH MARK'f\FF'\aA LA COUNTY BMG 4738 1R/Q- IIOPW OM TqG IN N EB 1Fi W/0 BCR NW LOR BRG CYN RD /�J� h 3 LYCOMING ST i 6EuvAnoN: s6z 65z' h � 1 ABBREVlA770NSJLEGENO 35 2� Y , BMs + CBW CQVG &IX]( WALL GM .. GAS METER CM:G . CURB AND GDTRA MN . MAN HOYE SIJ. ��O 6 -.�J7 / OMY£WAY APRQV SMR SERE? MANHOLE �6 - \ 4 y pWl DGMEWAY .. SIOEWAU( EP 5/W ONSIN POLE Sp _-. STORM DRAM / C 111 /T / .r L " FL. PROPERTY LINE `re 6 B j IiN3ig EY EXISPNG 1BR TO RE REMOVED / - 3 FN .FIRE HYDRANT TC TOP OF CURE EUI / 2a . now LINE ELEVATION WF WROCN GRACE i 5 LS .. �Ra�z9`z@�hr1 // \-. 11308 d9SE LQ ... LANpSCPPINC W✓ WRIER VALVE 2 I O EXISTING STRUCTURES a �� 52 © / S PROPOSED SEWER ' UNIT -I EXITING CONTOURS _ 'Vc611 il` ;' �1,35866SF Q� NEW STRUCTURES 3 4 8 _ F DRAINAGE PATTERN N�NN / 1"� t"� uaO�\�\ UNIT -H 10.26' �2 Q 1,358.68 S.F. R �1 BPS EXISTING FIRE HYDRANT� ` - 1 �. �� NSI -- LIMIT OF GRADING�p,w� - I - - -- - - - - - DRAINAGE PIPE i NIT -O i l11 U n N� I v 3a a a11 99 40 al az 43 as as aR J7 `• �' ' Q UNIT -F G O / ♦ ) _ 1.888855 S F I� Q HUMAN I8{I�'/SII/ 1 Q2 NNNfaN El9mIV0 OWJNY£ PATIFRJ � I UNIbA UNfi-8 UNIT -0 UNIT -O 'i Q I N xe 1 O O Q UNIT -E O3 EcsRNG aTo BE rm TONED _ 'O Qi ® NN'SRUL4 Cum ryLJj DE DEL 2,88917 S E 1,503.76 S E 1559.45 S F 3,28327 S.F. 2,696.44 S.F. Q AR O N R EDDY— COAST. 0.N—msr. rc PAIEHFNr 7 O ExlmR0 TREEs TO BE roa.6n . Y s ,r' 1. Q CCIST. mNO>EIE PANP * _. - _ ,. - •.� n V� r u o- N N89 36 55 E 157.72'7 ,893655E 50 2 N8936'55E 10355 - 't� © Q` 9 13716' e ✓I __ - _ _1� ,. o „w rarr ..NIt T.c.: 61 INfAE45 8 RAE. EASLIIFNI RR INS. RaI N✓b561], RI JANUARY U. 2013, DR. 51 �etl,L� ��vss�l �1 TENTATIVE TRACT NO. 73201 Q_ W 01 r OQO7 > C) o z Q YCD o O m o m Z I W tt ODS <Z quo 0clQ T-1 / I n I �yxSS"11• ,J Q I I v a,J 21 F52 pxiSilrvc I � NnscAPE II i" i " y5 xsnrvG TR ccosuRE EXISTING EIRE HYDRANT PER si oPEN 1607E s PER DHM[ 2216,070 (l) 6 21 TEXISIING PARKING STALLS _ a6 — BIKE RACKS HEN 06 CH - 11 14 11 96 11 ]B Jb <1 4 qii 19 <6 P � PGTiE➢ PLANT RI 4 / <1 .. I I .SI,NG ,�, / LOT II EXISTING ENE HYDRANT I _ I III I 4: I — 4._ PRIVATEDRIVE AYANDFIRE aIIIE 15 92 LOT 12 LOT L t1 1J I fJ llII , • 7 J� z, 6—o 1 II Q as W CL 3A J PI HYDRANT SITE PLAN ........................ NTS CD/A CREATIVE DESIGN ASSOCIATES awwcmm.Im.nm Des,a�.6��loe c mEfl n az vsmeRwn..cx cm�iwww.cAe,w m..m.mm Jrorrom a er caaow o�� a.,zw�m BC INDUSTRIAL CONDOS fi 6(JIEAGIIVCNrIJ NAdgN&A G PPCN INVESTMENT, LLC V., a g T 1, SITE PLAN IYANNWCERPETKYI FlRE DEP,. DDRREDTON O�awln9 Ma.: AS -101 Te021NLNES AOOERSIBILITY� GQ som P c SIGN PFR SFL.112Y0.5 NLN. n 9 938°L S53% - AIM. MF%. CURB PAGES SO SEE TYPIGL FRDNT EDGE RESERVED OF 9IDEWPLN P SCSUUE STOP IF Ishom wFrrr NEWSLWRELL TH 91GEWFLKIE< IN WIDTH FOR MXELL AOP NGT PEOD STNPES qT �nvn:� RWALK WIOTn.2 3C ON LET GREATER) OF IYP. PAVEME NTSYM9GL /f RDNT DF C PER SEC. T%SC tTA"MIN. 9.C'MIN- VNV ACGE051BLE PAPNINGSTAIL 5'-0'MIN. AT TYP. ACGF991S'E NOTES SH EEi FOR AGD'L PASSING ST DOUBLE PARKING STALLS uuw,rente FIGURE II13-16A AS OCCURS T MIN 9GRGER - < M 10°A MA%. CIECILOPE cBoovES AT Y4w...SACGESSIBI1l1Y IF FRONTEDo LOpu� x1,: _r✓ fly SIGN PER SEC iR9B5 STRIPESAT ON CENTER 5'A"MID ATTYP. J AGASINFLE SINGLE PARKING STALLS PAFMNG STALL FIGURE 119-109 OFFNSUR. ATVAN ACCESid BLE Fig. 5 .KING STALL ,,'L, 24" MIN. OF yds NLN. B TYPICALDETECTABLE WANING TILES 4D WiLl �SERAIDXT CURB PAGES A SEE TYPIGL LT P LTR. IP. _ RESERVED _ NOTEESD SIT NOTED SIT 0 Ishom wFrrr EOR MORE FOR INFO }� a �nvn:� mrap. OF nANOIcAPPED /f RDNT DF C TYPICAL OG,.1E LE—' WARrvl4c GRDCVEO BORDER DF REC 2, 1_ pgrercwc SPACE% q ^d IETiwNs MINIMUM FINE $250 NOTES SH EEi FOR AGD'L (TYPICAL) FTy.\\\� OBSTRGCTION UEE THIS DETAIL AT uuw,rente ACCESSIBLE PARKING STALL(5) AS OCCURS 4. Every nguirea exit doarxoy Shell be at o e to rnsurTN 11 11 IF x� in exit doorni visit man ,nml be capable BC INDUSTRIAL of parmg at Las[ 9G a.,..a add abcn be s° maantea CONDOS Pet the floor wide FEE IS. mal way To not Lem than 32 inches. 11330.2.3.1 S.Ths floor or landing 11,111 at be mare than 1/2 inch GUIRDS.a RESERVED 6. The level a ° ental nave a Noggin in m. dlmation of Goo .ou..Of door owing of at least fid inches and Pe length FOR glde to Pe 1-. of the char in its measured at right onP wGsfort HANDICAPPED RL Me wimn of the leve ame I, the aide to whim me ENDS sac ape, .wing 'nog .xt.na Ra. inch.. peal the .111c,.age MINIMUM FINE or m. door for exterior doors and 16 Inches pest the 1I 'no do Pool wake edge for intoner domd.1DORF, 4.1 $250 e. Maxlmam Bron to operate man mel not exceed 3 Pi 6" being appiml 1t right inglm m Fill roam and at the Ifil'El can for plane of alining ar folding doors. Compenmting VAN.pCCE55181F devices 1r aalandmi. ala, a mendre may be mMiea m IN 1. 121— meet the aGa. l fand.r s. When Om occur 1 RIITT. n required, She .... Enmi W p.ml Pe moor mar be -, i ID increased b the ron, ageorm. by In. appropriate vdupmrpwue>E mmimwWtme: aSthorar. Pat to .soca IS ...has. 11338.25.1 ,.The beUom 10 inches of all doors except automatic and eliding moon ah ell Flee aamu. mirtempted FORD Ses— .urtoce to allow the door A, be opened by a wheelchair footrest without creating a trap or Formed m mndil 11330.2.6. (DRP) mawrm 1. Wmb and emewalks Flat have a mnnnuaaa common ❑1 serrate not inlrrupba by step, or by abrupt changes in level ....did, 1/2', and shop bs o minimum N 18" 'IC UN "oar m 2 Wren the elope in to. direction be travel of any walk 'wade 1 swa l l0 2G non—dal it .Fall comply with the previa lona of Section 33PI ac 1 pedeaMon ramp. Slsaf in23e Firg 6 �mado ..ad 1/4per fool 1023.1.3 . ,,'L, 24" MIN. OF yds NLN. CURB NLN, TYPICALDETECTABLE WANING TILES 4D �SERAIDXT CURB PAGES r SEE TYPIGL LT P LTR. IP. _ Apymdure. I....r Deaign.'Wol., _ NOTEESD SIT NOTED SIT 0 l- EOR MORE LINE OF 112 SLOPE AR ARG INFO }� a CURB AS MAX TTP. �OCGURS Tn <9 b0 MI �LLIN OF p RE55 LlIR t 1 �A8 REO. I i /f RDNT DF C TYPICAL OG,.1E LE—' WARrvl4c GRDCVEO BORDER DF REC 2, 1_ pgrercwc SPACE% q ^d - sEE ttPICAL ACCESS. L 11D MAX aL LINE OF NOTES SH EEi FOR AGD'L (TYPICAL) FTy.\\\� OBSTRGCTION UEE THIS DETAIL AT ORE A WALL( APEA ACCESSIBLE PARKING STALL(5) AS OCCURS Thin Fig. 8 \ S-TTO R R ARTS m MIRSOLLSOMRAL DOOR HARDWARE ES"OSIIGEKICK PUiE 1 FI�NI54 FLOOR LEVEL RUBSFR BUMPER ON CHAIR CDMPRESSEDi 114'MP%. L eELCWVEGwTiIREsxDLO CLEAR AT a SNE 24, MIN EXTERIOR Twi Y. DOORS IS IN 114'MaC CLEAR AT Q1 INTERKKt DOORSto v• PROVIDE TWs f� ARDITIONALSPAGE e PyeH am I DOORISEDNPcED Fig. 7 Wamado. to FUSTS, Mum C D/A L ul entrances and .Marler ,Fund -noon e.i< dao, m baildings dna Iacilltiea. Shall be mode acceavibe !a pezna with aiaobilinea. 113313.1.1 CREATIVE DESIGN 2. Exit doom shell be operable from the advice Without ASSOCIATES the ua o1 o Sam ii, arty apodal knowledge or effort Apymdure. I....r Deaign.'Wol., 113313.2.2.1 LmSsaelm 3. Nand- e.-Ifled door -opening hardware Ball heP6IDSI6Tm centered between 30 Inches and 44 inch- ohms the6MWme9t Haan Tal and loosing doom that are bond- Gas as. r lndceuroy.UPT scaLted and wmon an In o p.In of Ur..I'I de operable WINE single effortby lever -type nartlware, c°pyrdAlfi By CkYIre L`Psigeassrcrzlea lrc. vania hem, push -pall activonng bars. or ou., hmawme fi lgnea lc pmst. coma,. Mahout thoinng the ability to grasp the opening M1aNeort. 1e Med exit doors .1.11 apemh oa oboe. in egress brood— 11338.2.24 4. Every nguirea exit doarxoy Shell be at o e to In's" permit She instalul of ° it-, at less. than 3G inch.. inwmm and wt [ad. Can 60 tames an Seven. anon in exit doorni visit man ,nml be capable BC INDUSTRIAL of parmg at Las[ 9G a.,..a add abcn be s° maantea CONDOS Pet the floor wide FEE IS. mal way To not Lem than 32 inches. 11330.2.3.1 S.Ths floor or landing 11,111 at be mare than 1/2 inch bwv then to lhimah id of the doorway. 1133e 21.1 INRE Over. . 6. The level a ° ental nave a Noggin in m. dlmation of Goo .ou..Of door owing of at least fid inches and Pe length ...alto en. F.&IN a1 door awing e1 48 mm.. ae glde to Pe 1-. of the char in its measured at right onP .lowed pa slnan. 112182.4.2 RL Me wimn of the leve ame I, the aide to whim me Cuani: ape, .wing 'nog .xt.na Ra. inch.. peal the .111c,.age or m. door for exterior doors and 16 Inches pest the wake edge for intoner domd.1DORF, 4.1 e. Maxlmam Bron to operate man mel not exceed 3 Pi pound. for interior doper. ouch pull or push .Hon being appiml 1t right inglm m Fill roam and at the INVESTMENT, LLC can for plane of alining ar folding doors. Compenmting devices 1r aalandmi. ala, a mendre may be mMiea m , meet the aGa. l fand.r s. When Om occur 1 RIITT. n required, She .... Enmi W p.ml Pe moor mar be -, i ID increased b the ron, ageorm. by In. appropriate mmimwWtme: aSthorar. Pat to .soca IS ...has. 11338.25.1 ,.The beUom 10 inches of all doors except automatic and eliding moon ah ell Flee aamu. mirtempted .urtoce to allow the door A, be opened by a wheelchair footrest without creating a trap or Formed m mndil 11330.2.6. (DRP) a fol k SIGEWAtxs 1. Wmb and emewalks Flat have a mnnnuaaa common serrate not inlrrupba by step, or by abrupt changes in level ....did, 1/2', and shop bs o minimum N 18" an ell 1023.1 2 Wren the elope in to. direction be travel of any walk 'wade 1 swa l l0 2G non—dal it .Fall comply with the previa lona of Section 33PI ac 1 pedeaMon ramp. Slsaf in23e 3. Wolk and .fell eunoce trove Moore shell nal ..ad 1/4per fool 1023.1.3 ACCESSIBLE PARKING REQUIRED 1. Aca„ime pinking paces shall b, mcat.a a, near J .n.. and shit be sized os pmdical to a primarynitro J s -9A1 n y i follows m112913.4.1 Nroagh 1129 ISIA-(helow). F. Whom single apaces are provided, in, dhoti be 16 feet wide and outlined to provide o 9 -bot polling ored � P.AL\f and o 5 -foot loading and unloading access °isle on the Spends- aide of the velvets. 1 in. every 0 am.aaible wpocq. but not leas Than 1. meg be .._it by an as -I ales 96 holes wide mm. to ,net be designated van aassebie oa required ay 1'"FLE5 All such maces may be grouped on 1 level of a pork,, strueduddliffB,4.2 dr—,Lll.: pAQKING RICN 1. The sign shall not be indoor than 70 square Inches in ma and. Who, m path .r 1.1.1..hel m posted at a SITEPLAN minimum Fw FdL of 6D inch® from the bottom of the .(go to the. Palling pace nni'nedgrade and shall be DETAILS ubacurW by a pinked vehold2BB.5 no 2. Signs may ado be centered on the wall at the interior end of fine parking apace 1! , minimum height of 36 Inches from the coming ,pace Maned grade, ground ma Pm)eal Na .SC r edewalk. 11290.5 0°le: n/mw 3. Spews complying with 11298.4.2 moll have on Pe vs e: Pkmtp cd Mon., sign eating Yon-Acceroble- mounted ac below Pe rymbol a accessibility. 112913.5 .Gal 1. The sign ffiml not be lead than 11` r 2Y in old wild Frzpeld 4 lumfor, not fes. than 1 -Inch in heigM1t which door, p. ren �u cp antl consptoo ousy at b following; l"Ahmzed I.N.Ifled I n tl I. d g trd wDle spaces not diply g distinguishing 1 ATIRMNSCORRECTICN 'I cards or I'wnse pl @ d Bar ora. wM deabntea me, b. ...a ay at omidrs aspera.- . FMEDERTCORRECTION Towel sentries may as mcdaidned at DIAMOND BAR Poles Department " 11295.5 • EL2CIRIGL 1 Toe. center of elenci and commun'mhon ryeem recepta h. petters Whop be 'mtallea not less than 15' above Now floor or eorkn, plafla TB6 3 z Th. Santa, of the gnp of the opening handl or conboa or dommea Intended to be used by the occuaont I the roam or ams to control lighting and cePt^cle oullete.op Ispostoor coaling. Foetid 9. oda '0.", Na V.n MiloMg equipment .11,111 at by more than 40- AS -102 I hove the far or Marking dromem. CEC3G0.0(c) (DRP) EXISTING FLOOR PLAN N DI ,, ...PII "I c.- r.ff 'I 13 1@ PROPOSED FLOOR PLAN Nyti0 ,�� 1", III sw„ FB CD/A :REATIVE DESIGN ASSOCIATES Annagicton Inga—Dssign Planning T . aZ6913.BtBt Ywvyf 91i mrw.vfxic.mc 2p)gNFBy Gmww gengo/amkiss, M, BC INDUSTRIAL CONDOS mBeecs wnvcnao oun�orloena ca PPCN INVESTMENT, LLC Oaring TIII.' EXISTING & PROPOSED FLOOR PLANS ooe P,nlal x� to Ea onm 9 .';P.. _ 1 FIL2ja ii 1L,iIPe mnnlau Au A-101 EXISTING ROOF PLAN N BUILDING AREA : 20,577. BE 5.F. SCALE: N.T,5 O C D/A CREATIVE DESIGN ASSOCIATES NtliiYCNn.Infena oeslpt Ravd� R91. F.8fl 3mm 1RE�E.IbNaMA I �xwMVl .tdsaevmef]IB CryW^ mBY Cmewrmagno-smskr mc. BC INDUSTRIAL CONDOS mceeuw+rorvao wnnrormvEcn PPCN INVESTMENT, LLC ARcH� +O+ 4Nm �a�3 1.a.1�1 nu.: ROOFPLAN CGA P,aI'al Np. ll59 Uefe: SY,g11. 'Pufmg � a�aR'iLb4 f9Y f vinemmG cowviav z Eia=oEPT CZRRFCT i G'a bin9 W: A-102 SOUTH ELEVATION NORTH ELEVATION EAST ELEVATION (E) WEST ELEVATION (NO CHANGES MADE ON THE ELEVATIONS) C D/A CREATIVE DESIGN ASSOCIATES aniurnre. Imenw oe«9n. vwmrtq e.ma.slssoi 6 Pay.Ln09G. GryoflMwYµ C491]IB vnrraae9rcre.,. ou�a�.a�•,m� BC INDUSTRIAL CONDOS mn90 mawrwmza PPCN INVESTMENT, LLC :rs999roru.,n arvanevos-evs...c. EXISTING ELEVATIONS I Pu NNGCo,REEUIV' FIRE JET,. ORECT01 SURVEY MAP --I a HIGH G.- F., .. A.. DRN D 2D 40 (�S<.csl uxlsw mssx ••Ta: F _Ac Iwxr- ..Ac Pan - f ) _ 61 lY' stlj' 1 "=20' F ) RF MI w,: P NE - �s HIGH 9LOCit_-'--`---IAMv- 0 MNWAGpE OE 73) &'a)' 01 55E 4� \ R3 ^x S\ IgSSl.aol x vy. �) A . vq u€). — — t \ s HIGH oH.lx urvx NHOE ,� E \ ran g $TH A� IIS o� �. V•L� �5 Y vuv & (sA ( ) 1 � ��P . I1 Oyu Pc\) l:1171 /p \� N sT�l al.xoSraPE \ WE of EFT \i\\ \° I „s,: wu1 Fsscic) � BUILDINO IS 20,577 S.F. _ III R W AIL Ili w I x >L.P -AC _ a ,x, 1ATI( A") «) GENERAL NOTES: \ �A 5 W V ( ( J s5 1. SURVEY OF THE SIZE IS PROVIDED i0 VERILY \ la \ a I THAT THE EXISTING BUILDING IS 203]7 SY. PER V x. 'C'11) REQUEST OF THE CITY OF DIAMOND BAR PLANNING u- ¢ —_ -� �E 1 'rye 11 GsMRTMENT. \ ucx u 75) �I a A Sw15) Box I 1�. �=3 — L�s q \\ EASEMENT NOTES \ \ 50FW MALMe cM \\ - l4F(aseW �E%sseY i rue rrnF Iva E 1. CENTERLINE OF 15' WIDE EASEMENT TO' WALNUT VALLEY WATER DISTRICT, PER \ \ `, pall INST. NO. 85-1124534. REC'0 SEPTEMBER 25, 1985, O.R EsE<s y�\ IIII ppp��,��r I III 5 I 2 $ I S.(55A) ` \ N R69) SSOZ) I LIT ex S 10WIDE EASEMENT TO SCG COMPANY, PER NET, 20111194009, REGD AUG OF 25. 2010. C.R. EAS`-AGAA� 'A 1 _pyyl_ I Ia L 3. s.5' WIDE EASEMENT TO ClCITY44 OF INDUSTRY. PER INST. NO 201104831. DEVIL 11. MARCH 31. 20M (113 FTAN'SL'. V A V V 1. LIR I Iq fP AT ^ V 11 sH H.P_ cps uxebm Hox cxauxo i �I iwoscwE n E \� Ssvi I m� 'sV / III WF j s \ Kms_ III r W1(55511) \ \� usxi roI _wl 1QW"� 1111 1 4 �i I �I _N I Ig }GO d MI .5) �� >-� V I p Im. VnL E an)�FS1111111 - o so)j )-2s Bei / aus_w�cA�cga- cps— t -. - 'G1 = M s ( ) I AGO- -__— _ - J L, ii� s iM — __ vZz _A .;°,s° ,PuEL :off, 'So�IN,< — �;; -� � — — _ RESULTING MAP. \ \\ \ 3. THE BOUNDARY SHOWN HEREON HAS BEEN ESTABLISHED BASED ON THE RECORD DATA.\ l a(, 3) aARI x ux M Its_ ♦ IGH M, EFHCE� �) \ \ Inr Tor aT xEr wu I L a): \ \ v F. GH \ \ kill PALL MM 'S \ SURVEYEDNOTES- - L ALL INFORMATION SHOWN ON THE DRAWINGS IS GNEN AS THE BEST PRESENT KNOWLEDGE AND PERFORMED \ WITHIN GENERALLY ACCEPTED ENGINEERING PRACTICE BUT WITHOUT GUARANTEE OF ACCURACY. WHERE ACTUAL - c 4 CONDITIONS CONFLICT WRH THE DRAWINGS. THEY SHALL BE REPORTED TO THE ENGINEER SO THAT THE PROPER \ REVISIONS MAY BE MADE. 2. ESTABUSHMENT OF CONTOUR: CONTOURING IS THE GRAPHICAL REPRESENTATION OF CONSTANT ELEVATION \ ONES THAT ARE INTERPOLATED OR EKTRAPOIATED BETWEEN ACNAL FIELD MEASURED ELEVATIONS OR MAP \ DPW BM TAG IN N CB TFT W/O RICK NW COR BREA CYN RD & LYCOMING OF ELEVATIONS, AND SHOULD NOT BE INTERPRETED AS PRECISE GROUND CONDITIONS, ONLY AN INFINITE NUMBER (A, OF FIELD MEASUREMENTS WOULD REPRESENT SUCH PRECISE CONDITIONS, WHICH OBVIOUSLY ARE NOT POSSIBLE. THE NUMBER OF SUCH FRED MEASUREMENTS ARE THEREFORE LIMITED TO THE SCOPE AND INTENT OF THE \ Al �I _N I Ig }GO d MI .5) �� >-� V I p Im. VnL E an)�FS1111111 - o so)j )-2s Bei / aus_w�cA�cga- cps— t -. - 'G1 = M s ( ) I AGO- -__— _ - J L, ii� s iM — __ vZz _A .;°,s° ,PuEL :off, 'So�IN,< — �;; -� � — — _ RESULTING MAP. \ — �5)No'rzixi 3. THE BOUNDARY SHOWN HEREON HAS BEEN ESTABLISHED BASED ON THE RECORD DATA.\ I� a(, 3) aARI x ux M Its_ \ L a): LEGAL DESCRIPTION: PARCELS 1 & 2 OF PARCEL MAP NO, 16640, IN THE Cltt OF DIAMOND BAR, COUNTY OF LOS ANGELES STATE OF C UEORNIA, AS PER MAP RECORDED IN BOOK 161. PAGES 74 TO 75 OF PARCEL MAPS. IN THE COUNTY IF sMiTJ�`L'i \ \ kill RECORDER OFFICE OF SAID COUNTY. \�y I \ APN: 5719-010-901 & 8719-010-902 IT IKx - - c BENCHMARK: \ TA COUNTY BM G 4738 \ DPW BM TAG IN N CB TFT W/O RICK NW COR BREA CYN RD & LYCOMING OF ELEVATON: 562852 RETuxlxc Wµl/ ME'Gl RVUNES S16x qRA uErtA spx BREA CANYON ROAD AN �HHAI Lxc ANY ucxr I a 0 C z 0 O Q U Q U m U N O m m U c W LD O 0 o E V t0 a Lo 1rz.0i1 Mff 4-13-2012 M9 GI 12 G51 -0G1 SFµE sew .3Fx3v �w>THE E., 11, t zo' -- S-1 SHEET 1 OF 1 SET. III Y I� III Its_ L a): IF sMiTJ�`L'i "V `�ii\\Y kill \�y I I SaI .as ( IT IKx �HHAI Lxc ANY ucxr I a 0 C z 0 O Q U Q U m U N O m m U c W LD O 0 o E V t0 a Lo 1rz.0i1 Mff 4-13-2012 M9 GI 12 G51 -0G1 SFµE sew .3Fx3v �w>THE E., 11, t zo' -- S-1 SHEET 1 OF 1 SET. O]SIRCOfN NOTES' 10 ENL SIRRLIEM E TO REM^JN Q2 MINWAN EYDRING DRAINAGE PAITERi Q CxELvG CESS TO EE RMJrID ®/� tpNSINILT GIRD LA. fiAl� 3NfT2 QFAVCY.If © DJISE PC PAMEENT Q7 Damrs TrEs ro I£ la3am ABBREVIA 710NSAEGEND COW .. GONG. BLOCK WALL GM ... GAS METER C&C .. Cl/RB ANG GUFIER MH MAN HOLE 0/A ... DRIVEWAY APRON SMH SERER MANH01£ CRY OEDISON 5 .. SIDEWAIX EP ... FA'SM P01£ 50 SSWIM DRAIN EX M _ FI RErvC TBR....TO BE OFRENEWED RB xc _. 10P OF CURB E1Eva nON DPW aM ACT ANON*w In ING BIR xw MIR BAEA .. ELOW UNE ElEVAnON FLOW ONE EL xE .. FORCE Ls L ..... urroscn�rvc wv _:_ wA1Bx vALK WAPER -- PROPERTY LINE — — — — EXISTING STRUCTURES S PROPOSED SEWER -- — — EXISTING CONTOURS NEW STRUCTURES F— DRAINAGE PATTERN m JiL bIn en\tt ne w64e oNer EXISTING PRE HYDRANT — — — — — LIMIT OF GRADING ----_ ------ DRAINAGE PIPE DRAINAGE PLAN EASEMENT NOTES: / ACE RUNE OF 15' WIDE EASEMENT TO WALNUT VALLEY WATER / DISTRICT, PER INST.NO. 85-1124534, REC'D SEPTEMBER 26, 1985, O.R. / B. 10' WIDE EASEMENT TO SCG COMPANY, PER INST. 20111174009, RECD AUGUST 23, 2010, O.R. F 5,5' WIDE EASEMENT TO CITY OF INDUSTRY, PER INST. INC. / 20110483144. RECO MARCH 31, 2011. / p SLOPE EASEMENT, PER INST. NO. 20140570232, REC'0 JUNE 03, 2014. H � N"6 fed/5� / C<Jrs rz 2 3 sua z V � � SCALE : 1R=20'-01' y� i• i i i R11 4 1 6 6 >--- 2 R Oj / •J iC 555591.11655)n 656.9Y1 4 F5666. 56669 RAP. C . ` 6 i iE SYW®� UNIT -J - I% / •�: " u 00 1 :z5 }'A r,• rs S'A�fi® 1,306.49S,F_ / �T 7 l / Q � III , " O RD UNITI 1 101,35a66S-F- I� /nA as UNIT H '� I1 �N 6a 4B cu PRaBgna 1.356.66 S.F. ',RE RFIRIO J 47 UNrr-G I /� �N1� yi Tn _ 36 si as .B e0 11 11 m 44 a N[ 1,338.99.5.E s �!Q� UNIT -F W _ a / 1.EaB.556F I� l O D 1�� UNITA UNIT -B UNIT -G UNIT -0 UNIT -F -@ OT II V A — 2089.17S.F. 1.50176 S.Fi 1,559.45 SE 3, 253.27 S.F. 2,fi9644 S. FF.. L m BBQ V L-�.e v t�R2 DIP_ j F zvW 5B - N�.2a _ N89 36 55 E 157.72 ' - 5150 12 N89 -36'55"E 103,55' - ' "'- s _ O —moi i e smsss M. 6]9-C-2 BASIS OF BEARING Underground Service Alert 06 3 M CENTER UNE OF BAER Gnmx xogo o Call: TOLL FREE BENCH MARK DPW aM ACT ANON*w In ING BIR xw MIR BAEA 1-800 z cm Bo s pcOMING 9 422-4133 I FIfVAnON: 562852' 31I TWO WORKING DAYS BEFORE YOU DIC seumx' R . usA Bmin x.11 1' m JiL bIn en\tt ne w64e oNer e smsss M. 6]9-C-2 'NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. IT' / .i �ag VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: L_r � i� f'OA2� le '� DATE: {{ ADDRESS: PHONE C -X' "1' (pptionaU a „ VIA St � (Optional) ORGANIZATION: �5 t`�� AGENDA#/SUBJECT: Of( expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. CIT V M one ae's"'O Igg9� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY //CLERK dd / FROM: I �utl�t� z r9� DATE: f: r "i Li ADDRESS: PHONE: (Optional) II (Optional) ORGANIZATION: AGENDA#/SUBJECT:nK: uti�,c expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signa%+re_ This document is a public record subject to disclosure under the Public Records Act.