Agenda packet — Diamond Bar City Council, June 20, 2023 (part 2 of 2)

Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report.

These records shall govern for all details concerning the description of the lots or parcels.

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RESOLUTION NO. 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39-2022 AND

DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 18, 2023 REGULAR MEETING.

WHEREAS, the City of Diamond Bar Assessment District No. 39-2022 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:

Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct.

Section 2. The above-described report submitted by the Engineer of Work relating to the City of Diamond Bar Assessment District No. 39-2022 is hereby approved as filed.

Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2023-24 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 39-2022,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. A general description of the improvements proposed for the aforementioned district is as follows:

Installation, maintenance and servicing of public and private areas and facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and/or maintained by the City. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39-2022 as shown on

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Resolution No. 2023-22
2 Exhibit “A,” as attached hereto and incorporated by reference. The location and type of improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39-2022 for fiscal year 2023-24. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $529.44 for Zone A, $516.20 for Zone B, and $489.73 for Zone C for fiscal year 2023-24. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding as authorized by prior majority approval of property owners. The annual CPI from December 2021 to December 2022 was 4.93%.

Section 6. This Council hereby fixes 6:30 p.m. on July 18, 2023 in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39-2022 for fiscal year 2023-24 and hereby gives notice of said hearing.

Section 7. The City Clerk shall certify to the adoption of this Resolution, and staff shall cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061.

PASSED, ADOPTED AND APPROVED this 20
th day of June 2023.

CITY OF DIAMOND BAR
Andrew Chou, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20
th day of June 2023, by the following
roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

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Resolution No. 2023-22
3 Exhibit A

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FY 2023-24 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 39-2022
June 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution

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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
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City of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Staff
Dan Fox, City Manager
David Liu, Public Works Director / City Engineer
Hall Ghafari, Public Works Manager
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E., SCI Consulting Group

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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
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Table of Contents
Introduction.................................................................................................... 1 Overview ......................................................................................................................1 Engineer’s Report and Continuation of Assessments..................................................2 Legislative Analysis.......................................................................................................2 Plans & Specifications ..................................................................................... 5 Fiscal Year 2023-24 Estimate of Cost and Budget ............................................. 7 Budget for Fiscal Year 2023-24.....................................................................................7 Method of Assessment Apportionment........................................................... 9 Method of Apportionment...........................................................................................9 Discussion of Benefit....................................................................................................9 Special Benefit............................................................................................................11 General Versus Special Benefit ..................................................................................13 Benefit Finding ...........................................................................................................14 Zones of Benefit .........................................................................................................17 Method of Apportionment.........................................................................................20 Residential Properties................................................................................................20 Vacant/Undeveloped Properties................................................................................20 Other Property Types.................................................................................................21 Annual Cost Indexing..................................................................................................22 Duration of Assessment .............................................................................................22 Appeals of Assessments Levied to Property ..............................................................22 Assessment Funds Must Be Expended Within the District Area................................23 Assessment................................................................................................... 24 Assessment Diagram ..................................................................................... 26 Assessment Roll ............................................................................................ 28

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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
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List of Tables
Table 1: FY 2023-24 Estimate of Costs................................................................................ 7 Table 2: Assessment Rate Determination........................................................................... 8 Table 3: Relative Benefit Levels........................................................................................ 13 Table 4: Zones of Benefit – Relative Levels....................................................................... 18 Table 5: FY 2023-24 Summary Cost Estimate ................................................................... 24

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City of Diamond Bar
Landscaping Assessment District No. 39
Engineer’s Report, Fiscal Year 2023-24

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Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 39 was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. Since the passage of Proposition 218, the assessments for this existing District cannot be increased beyond the previously approved amount of $236.00 per parcel. This assessment amount does not generate sufficient revenue to fund the District’s improvements and services, and the annual shortfalls have been funded by the City’s General Fund.

In 2022, the City Council directed that a new assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent was to replace the existing District No. 39 with a new District No. 39-2022 that would adhere to the existing boundary and include the same improvements and services. These proposed assessments were supported by

52.03% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on March 15, 2022 by its Resolution No. 2022-13, the City Council levied the new assessments for District No. 39- 2022.

This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the proposed assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”).

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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024

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Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2022, and were intended to replace the original District No. 39 which was established in 1985. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council.

As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District.

If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice.

Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2023-24. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2023-24.

Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024

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Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that:
 Benefit assessments are for special, not general, benefit  The services and/or improvements funded by assessments must be clearly defined
 Special benefits are directly received by and provide a direct advantage to property in the Improvement District
 The assessment paid by property should be proportional to the special benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits.

Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.

App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an

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Engineer’s Report, Fiscal Year 2023-2024

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assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.

Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property.

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties.

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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024

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Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39-2022, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District.

Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District.

As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024

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Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526).

Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments.

The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.

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Engineer’s Report, Fiscal Year 2023-2024

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Fiscal Year 2023-24 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings.

An estimate of District costs for fiscal year 2023-24 for the maintenance and servicing of the Improvements is provided below.

Table 1: FY 2023-24 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits $ 33,505
Operating Expenses
Advertising 3,500
Utilities 134,000
Maintenance of Grounds/Buildings 190,200
Professional Services 6,500
Contract Services
Trail & Landscape Maintenance 161,600
Tree Maintenance 31,000
Weed/Pest Abatement 55,700
Additional Enhancement and Improvement -
Estimated Expenditures $ 616,005
Contingencies/Reserves 214,001
Total Budget $ 830,006
Revenue Item Amount
Direct Benefit Assessments $ 642,890
Carryover from Fund Balance 144,556
General Fund Contribution 6.62% 42,560
Estimated Revenues 1 $ 830,006

1. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments.

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Engineer’s Report, Fiscal Year 2023-2024

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Table 2 below shows how the assessment rates are determined including the estimated number of single-family equivalents (“SFE”) and how the costs of improvements are allocated to parcels in the various benefit zones as defined later in this Report.

Table 2: Assessment Rate Determination
Single-Family Equivalents Parcel SFE factor SFEs
Zone A 176 100.0% 176.00
Zone B 971 97.5% 946.73
Zone C 99 92.5% 91.58
Total 1246 1,214.30
Budget Allocation to Parcels Amount
Total Assessment Revenue $ 642,890
Total SFEs 1,214.30
Assessment per SFE 1 $ 529.44
Zone A Assessment Rate $ 529.44
Zone B Assessment Rate $ 516.20
Zone C Assessment Rate $ 489.73

1. The rate shown here is for a single-family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment Apportionment” and the sections following it in this report.

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Engineer’s Report, Fiscal Year 2023-2024

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Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District.

The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."

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Engineer’s Report, Fiscal Year 2023-2024

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The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows:

A. Proximity and access to Improved Landscaped Areas and Other Public Improvements within the District.

B. Improved Views within the District.

C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

D. Safety and Security within the District
E. Creation of individual lots for residential use that, in absence of the Assessments, would not have been created.

In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:
 Proximity
 Expanded or improved access
 Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:

The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).

Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.

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Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services.

Special Benefit
SCI assessment engineers have identified the following special benefits:

Proximity and Access to Improved Landscaped Areas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.

In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.

Improved Views within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.

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Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial, and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.

Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression.

Creation of Individual Lots for Residential Use that, in Absence of the Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment.

Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments.

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Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created in the first place. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below.

Table 3: Relative Benefit Levels
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.

In other words:

Total
Benefit = GeneralBenefit
+ Special
Benefit

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There is no widely accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.

In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.

The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline.

A formula to estimate the general benefit is listed below:

General
Benefit =
Benefit to Real
Property Outside the
Assessment District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+ Benefit to the
Public at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability and other benefits from the Improvements, and the public at large does not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large.

Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.

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Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large.

However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group.

Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%. The general benefit to property outside of the District is calculated as follows.
87 Parcels Outside District
1,246 Parcels In the District
40% Benefit Factor
87 87 + 1,246
x 40%
Assumptions:

Calculation:

General Benefit to Property Ouside the District
= 2.61%
Benefit to Property Inside the Assessment Districts that is Indirect and Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District.

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Approximately 1.51% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District.

Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half the general benefit: use of parks, and pass-by trips where landscaped areas can be viewed.

In the case of the mini parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public, so no general benefit is conferred for views of landscaping.

Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of 10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the public at large.

Total General Benefits
Using a sum of these three measures of general benefit,

2.61% Outside the District

1.51% Inside the District

2.50% Public At Large

6.62% Total General Benefit
Landscaping General Benefit Calculation
we find that approximately 6.62% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

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Zones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the planning and design of the subdivisions and Improvements, and thus include only the properties in the City of Diamond Bar that are proximate to the Improvements and that would materially benefit from the Improvements. Certain other properties surrounding the District were not part of the designed association between the Improvements and the assessed areas and are generally less proximate to the Improvements. In other words, the boundaries of the District have been narrowly drawn to include only properties that will specially benefit from the Improvements and would receive a declining level of service if the Assessments were not approved.

The SVTA decision indicates:
“In a well-drawn district — limited to only parcels receiving special benefits from the improvement — every parcel within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be construed as being general benefits since they are not ‘particular and distinct’ and are not ‘over and above’ the benefits received by other properties ‘located in the district.’ “We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefiting from an improvement. Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district’s property values).”
In the District, the benefit that each parcel receives from the Improvements is direct, and the boundaries are narrowly drawn to include only parcels that benefit from the Assessment. However, proximity to the improvements varies somewhat within the District. In order to most conservatively assure that Assessments are proportional to the relative benefits in the District, three zones have been created:

A. In the area south of Grand Avenue the concentration of landscaped areas (brush and slopes) as well as mini parks is the greatest.

B. In the area north of Grand Avenue but south of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas, but still a high concentration of mini parks.

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C. In the area around and north of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas and no mini parks within a half mile.

Based on the varying characteristics of these three distinct zones, each of the five benefit categories have been assigned a benefit factor to estimate the overall relative benefit.

Using Zone A as the benchmark (100%), the other two zones derive less benefit due to the proximity of relatively fewer improvements. This estimation is summarized below.

Table 4: Zones of Benefit – Relative Levels
Benefit Category Weight
Factor Benefit Factor Benefit Factor Benefit
Proximity & Access 10% 100% 10.0% 75% 7.5% 75% 7.5%
Views 10% 100% 10.0% 100% 10.0% 75% 7.5%
Outdoor Area Ext. 10% 100% 10.0% 100% 10.0% 75% 7.5%
Safety & Security 10% 100% 10.0% 100% 10.0% 100% 10.0%
Creation of Lots 60% 100% 60.0% 100% 60.0% 100% 60.0%
Relative Benefit 100.0% 97.5% 92.5%
Zone A Zone B Zone C
A map of these zones is shown on the following page.

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Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.

The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of SingleFamily Equivalents (SFE). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.

Residential Properties
In the District, there is only one type of residential property present: the single-family home. Other types of residential property, such as multifamily, apartments and condominiums, are not present. Furthermore, the property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in that dominate land use is not expected in the future. As a result, there is no need for a detailed analysis of population densities to determine relative benefit for other types of residential properties. Each single-family residential property is assigned one SFE.

Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future.

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The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Diamond Bar found that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the dayto-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel.

Other Property Types
Notwithstanding the foregoing discussion, there are four other types of property uses to be considered: School, municipal park, water utility, and open space. These are discussed below.

School Property: Pantera Elementary School lies within the District and may derive some benefit from the Improvements. However, all benefits that may be derived from the Improvements are included in the General Benefits calculation noted earlier. Therefore, the School accrues no further Special Benefit and is not assessed a fee.

Municipal Park: Pantera Park lies partly within the District. However, all benefits that may be derived from the improvements are included in the General Benefits calculation noted earlier. Therefore, the park accrues no further special benefit and is not assessed a fee.

Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed a fee.

Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee.

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Annual Cost Indexing
The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for the Los Angeles-Riverside-Orange County area as of December of each succeeding year (the “CPI”). The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the Assessment was levied adjusted annually by the change in CPI.

Duration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued every year after their formation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.

Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the thencurrent Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final.

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Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section.

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Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District.

The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2023-24 is generally as follows:

Table 5: FY 2023-24 Summary Cost Estimate
Salaries & Benefits $ 33,505
Operating Expenses & Services 582,500
214,001
Total Budget $ 830,006
Less General Fund Contribution (42,560)
Less Carryover (144,556)
Net Amount to Assessments $ 642,890
Enhancements / Improvements / Reserves
As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll.

I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report.

The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.

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Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2023-24. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County.

I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2023-24 for each parcel or lot of land within the District.

Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.

License No. C062829

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Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39-2022 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2023-24, and are incorporated herein by reference, and made a part of this Diagram and this Report.

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Engineer’s Report, Fiscal Year 2023-2024

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Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report.

These records shall govern for all details concerning the description of the lots or parcels.

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RESOLUTION NO. 2023-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41-2021 AND

DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 18, 2023 REGULAR MEETING.

WHEREAS, the City of Diamond Bar Assessment District No. 41-2021 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:

Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct.

Section 2. The above-described report submitted by the Engineer of Work relating to the City of Diamond Bar Assessment District No. 41-2021 is hereby approved as filed.

Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2023-24 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 41-2021,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Landscape Assessment District No. 41- 2021 as shown on

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Resolution No. 2023-23
2 Exhibit "A" as attached hereto and incorporated by reference. The location and type of improvement are shown on Exhibit "A."
Section 5. Reference is hereby, made to the Engineer's Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Landscape Assessment District No. 41-2021 for fiscal year 2023-24. Said proposed assessment amounts for the single-family and multi-family parcels are $557.21 and $512.64, respectively, an increase of 3% from fiscal year 2022-23. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding, not to exceed 3%, as authorized by prior majority approval of property owners. The annual CPI from December 2021 to December 2022 was 4.93%.

The 3% cap is in effect.

Section 6. This Council hereby fixes 6:30 p.m. on July 18, 2023 in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41-2021 for fiscal year 2023-24 and hereby gives notice of said hearing.

PASSED, ADOPTED AND APPROVED this 20
th day of June 2023.

CITY OF DIAMOND BAR
__________________________
Andrew Chou, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20 th day of June 2023, by the
following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

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Resolution No. 2023-23
3 Exhibit A

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FY 2023-24 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
June 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution

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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page iii
City of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
Public Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.

SCI Consulting Group

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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page v
Table of Contents
Introduction.................................................................................................... 1 Overview ......................................................................................................................1 Engineer’s Report and Continuation of Assessments..................................................2 Legislative Analysis.......................................................................................................2 Plans & Specifications ..................................................................................... 5 Fiscal Year 2022-22 Estimate of Cost and Budget ............................................. 7 Budget for Fiscal Year 2023-24.....................................................................................7 Method of Assessment Apportionment........................................................... 9 Method of Apportionment...........................................................................................9 Discussion of Benefit....................................................................................................9 Special Benefit............................................................................................................11 General Versus Special Benefit ..................................................................................13 Benefit Finding ...........................................................................................................15 Method of Apportionment.........................................................................................17 Residential Properties................................................................................................18 Vacant/Undeveloped Properties................................................................................18 Other Property Types.................................................................................................19 Annual Assessment Calculation..................................................................................19 Duration of Assessment .............................................................................................20 Appeals of Assessments Levied to Property ..............................................................20 Assessment Funds Must Be Expended Within the District Area................................20 Assessment................................................................................................... 21 Assessment Diagram ..................................................................................... 24 Assessment Roll ............................................................................................ 25

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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page vi
List of Tables
Table 1: FY 2023-24 Estimate of Costs................................................................................ 7 Table 2: Assessment Rate Determination........................................................................... 8 Table 3: FY 2023-24 Summary Cost Estimate ................................................................... 21

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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24

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Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains turf areas, slopes and open space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment
District No. 41 was formed in 1985 by the
County of Los Angeles prior to the
incorporation of the City of Diamond Bar.

Upon incorporation in 1989, the City assumed
jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this
existing District cannot be increased beyond
the previously approved amount of $280.00
per parcel. This assessment amount does not
generate sufficient revenue to fund the
District’s improvements and services, and the
annual shortfalls have been funded by the
City’s General Fund.

In 2021, the City Council directed that a new
assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent was to replace the existing District No. 41 with a new District No. 41-2021 that would adhere to the existing boundary and include the same improvements and services.

These proposed assessments were supported by 87.55% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on July 6, 2021 by its Resolution No. 2021-33, the City Council levied the new assessments for District No. 41-2021.

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Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and were intended to replace the original District No. 41 which was established in 1985. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council.

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Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.

App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.

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Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41-2021, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District.

Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District.

As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2023-24

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The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.

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Fiscal Year 2022-22 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings.

An estimate of District costs for fiscal year 2023-24 for the maintenance and servicing of the Improvements is provided below.

Table 1: FY 2023-24 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits $ 51,788
Operating Expenses
Advertising 3,500
Utilities 78,000
Maintenance of Grounds/Buildings 13,800
Professional Services 6,500
Contract Services
Landscape Maintenance 65,000
Tree Maintenance 21,200
Weed/Pest Abatement 60,300
Capital Improvements 0
Estimated Expenditures $ 300,088
Contingencies/Reserves 31,708
Total Budget $ 331,796
Revenue Item Amount
Direct Benefit Assessments $ 301,806
Carryover from Prior Year 18,692
General Fund Contribution 3.84% 11,298
Estimated Revenues 1 $ 331,796
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021

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for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year.

The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments.

Table 2: Assessment Rate Determination
Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100% 410.00
Condominium Parcels 144 92% 132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed $ 301,806
Total SFEs 542.48
Assessment per SFE 1 $ 557.21
Single-Family Assessment $ 557.21
Condominium Assessment $ 512.64

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Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

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The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows:

A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.

B. Improved Views within the District.

C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

D. Safety and Security within the District
E. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created.

In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:

Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.

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Special Benefit
SCI assessment engineers have identified the following special benefits:

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Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.

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Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.

In other words:

Total
Benefit = General Benefit + Special
Benefit

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There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.

In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.

A formula to estimate the general benefit is listed below:

General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large.

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Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large.

Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%.

The general benefit to property outside of the District is calculated as follows. 23 Parcels Outside District
554 Parcels In the District
40% Benefit Factor
23 23 + 554
Assumptions:

Calculation:

General Benefit to Property Ouside the District
x 40% = 1.59%

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Benefit to Property Inside the Assessment Districts that is Indirect and Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District.

Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero.

Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park.

However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of passby vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore, we find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general benefits to the public at large.

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Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation

1.59%

0.00%

2.25%

3.84%
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.

The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of SingleFamily Equivalents (“SFE”). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are designated a SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.

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Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and zero-lot line houses are included in this category of single-family residential property. If there is more than one single family detached dwelling on a parcel, it will be charged one SFE per single family detached dwelling.

Another residential property type in the District is the condominium. These properties benefit from the Improvements in proportion to the average number of people who reside in multi-family residential units versus the average number of people who reside in a single-family home (Population Density Factor, or PDF). Using the total population of each property type in the City from recent Census data and dividing it by the total number of such households reveals that approximately 3.42 persons occupy each single-family residence, whereas an average of 2.48 persons occupy each condominium. The ratio of

2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for condominiums.

The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other benefit categories are applicable to condominiums in full measure. The calculation of the overall SFE factors are summarized below.

Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10% 100% 10.0% 73% 7.3%
Views 10% 100% 10.0% 73% 7.3%
Outdoor Area Extension 10% 100% 10.0% 73% 7.3%
Safety & Security 10% 100% 10.0% 100% 10.0%
Creation of Lots 60% 100% 60.0% 100% 60.0%
TOTAL Benefit 100% 100% 92%
Weight SFR Condo
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments) in the District, and none are foreseen in the near future. Therefore, no SFR-based assessment rate is calculated.

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Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to be considered: Water utility and open space. These are discussed below.

Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee.

The property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in the predominately residential land use is not expected in the future. As a result, there is no analysis of type, size and population densities for other uses such as commercial, industrial and institutional properties.

Annual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which adjustment shall be based upon actual costs, including any reasonable reserves, supported by an Engineer’s Report prepared in accordance with Article XIIID of the California Constitution. If the Engineer’s Report does not support an increase or supports a reduction in the assessment, then the assessment shall not be increased or shall be lowered as applicable.

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Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.

Appeals of Assessments Levied to Property
Any property owner who feels the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the thencurrent Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final.

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The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2023-24 is generally as follows:

Table 3: FY 2023-24 Summary Cost Estimate
Salaries & Benefits $ 51,788
Operating Expenses & Services 248,300
Capital Expenses/Reserves 31,708
Total Budget $ 331,796
Less General Fund Contribution (11,298)
Less Carryover (18,692)
Net Amount to Assessments $ 320,498
Fund and Budget Summary Fiscal Year 2023-24
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll.

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The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.

Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.

License No. C062829

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Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District No. 41-2021 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2023-24, and are incorporated herein by reference, and made a part of this Diagram and this Report.

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Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report.

These records shall govern for all details concerning the description of the lots or parcels.

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Agenda #: 5.11
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC, for Federal advocacy services through June 30, 2024.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The amount is based on a monthly retainer of $4,000 plus up to $2,500 in direct expenses.

The Fiscal Year 2023/24 Operating Budget includes sufficient funds for such services.

BACKGROUND:

Prince Global Services, LLC, (PGS) has been providing Federal advocacy services directly to the City since 2017. The main focus of the Consultant's services has been on the City's efforts in collaboration with the local, regional, and federal partners to secure funds and support for the State Route SR-57/SR-60 Confluence Project (Project). Over the years, the City has been actively pursuing funding opportunities to expedite the Project delivery to ensure that the Project progresses without a suspension. These efforts led to the successful completion of the construction of Phases I and II of the Project, the design of Phase III, and filling the funding gap of the Phase III construction.

Now that the Phase III of the Project is fully funded and ready to commence construction in summer 2023, the City will consider focusing on the missing Westbound SR-60 Direct Connector to the Grand Avenue component (WB Connector). The WB Connector was recommended by the 2017 SR-57/SR-60 Confluence Project Supplemental Needs Study (Study). The Study was supported by the City and other

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local and regional agencies and implemented by the Southern California Association of Governments (SCAG).

Additionally, the City is actively pursuing funding for various projects, including multiple parks projects at the Federal level, with support provided by PGS.

DISCUSSION:

On July 15, 2022, the City Council approved an agreement with the Consultant for Federal advocacy services. That agreement is set to expire on June 30, 2023. As a continuation of the advocacy work and consistent with the City's 2024-2027 Strategic Plan, PSG submitted a proposal in response to the City's request (Exhibit "A"). The Consultant's proposed scope of work for the Fiscal Year 2023/24 includes, but is not limited to, the following:

1. Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters which support the City’s Federal priorities.

2. Continue advocating for the 57/60 Confluence Project before Congress and the United State Department of Transportation (DOT), despite the fact the 57/60 Confluence Project's mainline improvements are underway and the City, Los Angeles Metropolitan Transportation Authority (LA Metro), and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by DB;

3. Support future applications for funding from DOT and other agency discretionary grant programs;

4. Facilitate requests for Congressional earmarks to support various City infrastructure projects;

5. Monitor and engage pertinent Congressional consideration of legislation that is of interest to the City;

6. Continue advocating for other policy measures and legislation that will assist the City in securing Federal funding to support local priorities;

7. Consider and monitor other legislation, regulations, and agency actions that would benefit or affect the City;

8. Consider and coordinate Congressional and DOT site visits to the City and otherwise as appropriate; and

9. Plan and coordinate the City’s visits to Washington, DC, as directed and recommend other visits when appropriate.

LEGAL REVIEW:

The City Attorney has reviewed and approved the agreement as to form.

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.11.a Agreement with Prince Global Solutions for Fiscal Year 2023/24

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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023, by and between the City of Diamond Bar, a municipal corporation ("City") and Prince Global Solutions, LLC ("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.

Director of Public Works/City Engineer (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, 2023, and shall continue until June 30, 2024 ("Term"), unless earlier terminated pursuant to the provisions herein.

3. Compensation.

A. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A".

B. The City shall pay Consultant a retainer in monthly increments of $4,000.

C. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty thousand five hundred ($50,500) without prior written consent of the City. This amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

D. Notwithstanding the above, if the City requests Consultants to travel, Consultant shall, upon submission of receipts evidencing the cost incurred, be paid for necessary and reasonable travel expenses in an amount not to exceed $2,500.

Professional Services – Non-Design
1292531.1

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4. Payment.

A. 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. Payment will be made only after submission of proper invoices.

D. City will pay Consultant the amount property invoiced within 30 days of receipt, which sum shall be paid within 30 days of completion of the work.

E. 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. 2 Professional Services – Non-Design
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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
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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) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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.
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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
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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.

Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.

15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) 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 thirtieth (30th) 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. 6 Professional Services – Non-Design
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17. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

18. 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 during the term.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time 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
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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. Reserved.

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"
Prince Global Solutions, LLC
P.O. Box 711572
Herndon, VA 20171
Attn.: Kevin Jones
Phone: (202) 550-9800
E-mail: [email protected]
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Daniel Fox, City Manager
Phone: (909) 839-7010
E-mail: [email protected]
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27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County.

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” “City”
Prince Global Solutions, Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Kevin D. Jones, Esq. Daniel Fox, City Manager Title: President and Sole Corporate Officer
By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
Approved as to form:

By:

Omar Sandoval
''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.
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Exhibit “A”

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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
PGS

SCOPE OF WORK -- FEDERAL ADVOCACY SERVICES

CITY OF DIAMOND BAR, CA
JULY 1, 2023 -- JUNE 30, 2024
Consistent with the City of Diamond Bar’s updated 2024-2027 Strategic Plan, the following Scope of Work (and Cost Statement) sets forth the role of Kevin Jones and Prince Global Solutions (PGS) in pursuing the City’s Federal goals and objectives.

This engagement in Washington on Federal legislation and regulation, the Federal Budget, Federal funding and grants, Federal policy development and Federal Agency activity, will be consistent with the City's commitment to the responsible stewardship of public resources and the development of a safe, sustainable and healthy Diamond Bar community.

This Scope of Work delineates the goals, priority actions, general legislative matters, dayto-day responsibilities and costs for the City of Diamond Bar’s (DB) Federal Government Affairs Representative -- Kevin Jones (PGS) -- from July 1, 2023 through June 30, 2024.

PGS expects to focus on the following activities in furtherance of DB’s Washington objectives over the next calendar year. As always, this list will necessarily change during the course of the year:
1) Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters which support DB's Federal priorities.
2) Continue advocating for the 57/60 Confluence Project before Congress and the Department of Transportation (DOT), despite the fact the 57/60 Confluence Project's

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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
mainline improvements are underway and DB, LA Metro and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by DB;
3) Support future DB applications for funding from DOT and other agency discretionary grant programs;
4) Facilitate requests for Congressional earmarks to support various DB infrastructure projects;
5) Monitor and engage pertinent Congressional consideration of legislation that is of interest to DB;
6) Continue advocating for other policy measures and legislation that will assist DB in securing Federal funding to support local priorities;
7) Consider and monitor other legislation, regulations and agency actions that would benefit or affect DB;
8) Consider and coordinate Congressional and DOT site visits to DB and otherwise as appropriate; and
9) Plan and coordinate DB visits to Washington, DC as directed and recommend other visits when appropriate.

To accomplish the goals and objectives set forth in this Scope of Work, PGS proposes compensation in the form of a fixed fee monthly retainer of $4,000. If DB requires Kevin Jones to travel in furtherance of this Scope of Work, DB will reimburse PGS for necessary and reasonable travel expenses in an annual amount not to exceed $2,500.

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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
To support the above-described Scope of Work, PGS will consider and monitor a variety of legislative matters, including, but not limited to, the following:

1. Consideration of Federal infrastructure investment laws and legislation.

2. Congressional appropriations-related earmarks and legislation;

3. Federal matters that are pertinent to important local DB objectives and priorities, such as transportation and park development projects.

4. Federal transportation law and related policy initiatives, including, but not limited to:
a. Reauthorization of Federal transportation law;
b. Annual Transportation, Housing & Urban Development Appropriations Bill, which includes funding for transportation and park development projects;
c. Freight and goods movement initiatives;
d. Issues of significance to national trade gateways and trade corridors. e. Measures to increase efficiency in transportation project development, delivery, design and construction;
f. Innovative financing proposals;
g. Consideration of public-private partnerships to support transportation projects;
h. Proposals to create new transportation loan and grant programs and to expand or constrict existing programs;
i. Transportation-related air quality and environmental review measures.

As described in detail below, PGS will keep DB informed about pertinent developments on a regular basis and propose options for direct actions in furtherance of DB’s objectives:

Regular Communications, Strategy Formulation and Execution Regularly communicate with DB staff on all matters, utilizing whatever means are preferred by DB and are most practicable under the circumstances. This will include telephone calls, e-mails, and text messages.

Agree upon strategic objectives with DB staff and modify as needed.

Regularly agree upon execution plans with DB staff.

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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
Relationship Building and Maintenance
Build and maintain relationships with Congressional and Executive Branch staff is dictated by the strategy and execution plans approved by DB.

Establish general guidelines and priorities for regular interaction with such staff in consultation with DB.

Balance contacts with Congressional and Executive Branch staff Coordinate the timing of these contacts.

Manage DC message points based on priorities set by DB.

Regular reporting to DB regarding the interaction with Congressional and Executive Branch staff.

Arranging regular interaction for Congressional and Executive Branch staff with DB officials wherever appropriate and possible.

Place particular emphasis on developing strong working relationships with DB’s Member of Congress and California Senators, as well as strategic alliances with other Members of the California Congressional delegation, especially those from DB’s region.

Intelligence Gathering and Monitoring of Federal Legislation and Regulations Accumulate information relevant to DB’s goals from:
o Personal Interaction with Congressional and Executive Branch staff, (meetings, telephone conferences, and electronic communications), o Congressional hearings and markups and
o Executive Branch rulemakings, announcements regarding Federal funding availability, webinars, etc...

Monitor, research and analyze pertinent Federal legislation.

Monitor, research and analyze pertinent Federal regulations.

Regularly analyze and report to DB on gathered intelligence.

Regularly analyze and report to DB on the status and substance of pertinent legislation and regulations.

Monitoring, Analyzing and Pursuing Relevant Funding Opportunities Actively monitor and analyze relevant Federal funding opportunities for DB at the Congressional and Executive Branch levels.

Advise DB of specific funding opportunities as they arise and recommend strategies for pursuing those opportunities.

Assist DB in the process of requesting and applying for Federal funding.

Provide strategic and logistical support for all requests and applications as

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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
appropriate.

Monitoring, Analyzing and Impacting Relevant Policy Making Activities Actively monitor and analyze legislative and regulatory initiatives, particularly those that may affect the allocation of relevant Federal funding.

Advise DB when it would be in its best interest to weigh in on such initiatives.

Devise strategies for engaging this process.

Interaction with Trade Groups and Representation at DC Events Serve as DB’s representative in connection with relevant trade associations and relevant DC events.

Strategize with DB about how best to leverage the relationship with an association and other organizations to further DB’s interests.

Provide information regarding DB and inform of DB policy positions.

Participate in strategy formulation that furthers DB’s best interests.

Work with DB to ensure that DB’s interests remain paramount throughout these interactions.

Planning of DB Visits to Washington
At the direction of DB, propose and develop a schedule of meetings for DB officials in Washington as needed.

Agree upon substantive strategy and message points for each meeting.

Contact Congressional and Executive Branch staff to request meetings.

Gather intelligence from Congressional and Executive Branch staff while arranging meetings to assist in strategy formulation and crafting message points.

Adjust meeting schedule as necessary based on intelligence gathered.

Coordinate timing of meetings.

In consultation with DB, prepare and distribute white papers and other materials that will inform Federal officials about issues to be discussed during the meetings.

Planning of Visits to DB by Congressional Members, Executive Branch Officials and their Respective Staffs
As appropriate and practicable, propose and coordinate visits to DB by Federal officials to provide them with first hand exposure to various priority issues of Federal import affecting DB.

Work with DB to identify prospective visits.

Extend invitations and work with DB to plan agendas and logistics.

Agree upon substantive strategy and message points for the visits.

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Agenda #: 5.12
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FOURTH AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S INC. FOR MECHANICAL AND

BUILDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE
AND REPAIR SERVICES THROUGH JUNE 30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, Fourth Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane through June 30, 2024.

FINANCIAL IMPACT:

The total not-to-exceed amount for FY 2023/24 would be $72,700, including $52,000 for scheduled preventative maintenance and $20,700 for as-needed services and repairs.

Sufficient funds are included in the amount of $72,700 in the Fiscal Year 2023/24 Operating Budget to cover the cost of such services. This includes the vendor’s request for a CPI increase of 2.8% pursuant to the Original Agreement.

BACKGROUND/DISCUSSION:

Over the years, the City has upgraded a number of its mechanical and building automation systems (BAS) with new Trane equipment. The current systems provide a more consistent environment in the facilities and a comprehensive method to manage our energy consumption. Preventative maintenance is a cornerstone in managing mechanical equipment's repair cost, efficiency, and life expectancy. This amendment will continue our comprehensive preventative maintenance program for all City facilities while ensuring all current warranties remain in place.

The City currently has three facilities that have building automation systems in place, which provide staff with the ability to remotely monitor the mechanical operations of the

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seventeen (17) pieces of equipment and to make changes to schedules, setpoints, airflow, and temperature to optimize the overall efficiency of the systems.

The initial term of the Original Agreement entered into on June 18, 2019, was from July 1, 2019, to June 30, 2020. Consistent with Section 2 of the Original Agreement, Term of Agreement, the City Council has the option to extend the Agreement for up to five (5), one (1)-year additional terms. This proposed extension represents the Fourth Amendment through June 30, 2024.

LEGAL REVIEW:

The City Attorney has reviewed and approved the agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.12.a Fourth Amendment - Trane

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1694877.1

FOURTH AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Fourth Amendment to Maintenance Services Agreement (“Fourth Amendment”) is made and entered into as of June 21, 2023, by and between the City of Diamond Bar, a municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 18, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated as of June 16, 2020, Second Amendment dated as of June 15, 2021 and Third Amendment dated as of June 21, 2022 which amendments are incorporated herein by this reference and are along with the Original Agreement, collectively referred to herein as the "Agreement"; and
C. The City and the Contractor desire to amend the Agreement as provided herein.

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Term. The Term of the Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. This Fourth Amendment extends the Term up to and including June 30, 2024.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Agreement was the sum of seventy thousand six hundred sixty-four dollars ($70,664) per fiscal year. Section 3 of the Agreement is hereby amended to provide for an increase of two thousand thirty-six dollars ($2,036) so that the total not-to-exceed compensation for the fiscal year July 1, 2023 to June 30, 2024, shall not exceed seventy-two thousand seven hundred dollars ($72,700) without the prior authorization of the City.

4. Integration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Fourth Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency

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between the terms and provisions of this Fourth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Fourth Amendment shall control.

IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR
*By: By:

Printed Name: Dan Fox
Title: City Manager
*By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, City Attorney
*NOTE:If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

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Agenda #: 5.13
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO ROAD MAINTENANCE SERVICES
AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR
MAINTENANCE SERVICES THROUGH JUNE 30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the First Amendment to the Road Maintenance Services Agreement with CT&T Concrete Paving, Inc.

FINANCIAL IMPACT:

The total not-to-exceed amount for the Original Agreement was $600,000. This proposed amendment adds $810,000, bringing the total amended not-to-exceed amount of the Agreement to $1,410,000. Sufficient funds in the amount of $810,000 are included in the FY 2023/24 Budget to cover the cost of such services.

BACKGROUND AND ANALYSIS:

On June 21, 2022, the City Council approved the one (1) year contract (Original Agreement) with the option to approve up to six (6) extensions, in increments of no less than one year, upon successfully demonstrating exemplary work performance for road maintenance services with CT&T Concrete Paving Inc. (CT&T). The Original Agreement is set to expire on June 30, 2023.

Overall, CT&T’s performance has met City’s expectations. Therefore, a First Amendment is proposed to extend the Original Agreement term through June 30, 2024.

Pursuant to the Original Agreement, a unit price increase of 2.8% was negotiated and applied to the unit prices in the Original Agreement using March to March Consumer Price Index for the Los Angeles-Anaheim-Riverside Metropolitan Area. The adjusted unit prices are provided in Exhibit "A" of the proposed First Amendment (Attachment 1).

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Consistent with the Original Agreement, the scope of work includes maintenance of asphalt concrete pavement, concrete sidewalks, parking lots, roadway markings, storm drains, parkway drains, block walls, and emergency call-outs. The work will be directed by staff on an as-needed basis within the budgeted resources available. The agreement is based on unit prices, and CT&T will be paid for the actual quantity of each line item performed as measured in the field during construction. Each unit price includes all labor, material, equipment, overhead, and profit attributable to that scope of work.

LEGAL REVIEW:

The City Attorney has reviewed and approved the amended agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.13.a First Amendment to Agreement with CT&T

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973895.1

FIRST AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is made and entered into as of June 30, 2023, by and between the City of Diamond Bar, a municipal corporation (“City”), and CT&T (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 21, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from June 21, 2022 to June 30, 2023. This First Amendment extends the Term up to and including June 30, 2024.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Six Hundred Thousand Dollars ($600,000).

Section 3 of the Original Agreement is hereby amended to provide for an increase of Eight Hundred Ten thousand Dollars ($810,000) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Million Four Hundred Ten Thousand Dollars ($1,410,000) without the prior authorization of the City.

4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.

IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.

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Agenda #: 5.14
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE SERVICES THROUGH JUNE 30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc. through June 30, 2024.

FINANCIAL IMPACT:

The annual not-to-exceed amount of the proposed Second Amendment for Fiscal Year 2023/24 will be $445,000, including the vendor’s request for a CPI increase of 2.8% pursuant to the Original Agreement. Sufficient funds in the amount of $445,000 are included in Fiscal Year 2023/24 Operating Budget to cover the cost of such services.

BACKGROUND/DISCUSSION:

Parkwood Landscape Maintenance, managed by City staff, has maintained thirteen (13) City-owned-or-maintained parks and facilities. On June 15, 2021, the City Council approved a one-year agreement with Parkwood Landscape Maintenance, Inc. to provide landscape maintenance services (Original Agreement). Per the Original Agreement, the City Council has the option to extend the agreement for up to five years, in increments of no less than one year. Overall, Parkwood’s performance has met City’s expectations, and this is evident in the City facilities they maintain. Therefore, this Second Amendment is proposed to extend the term of the Agreement through June 30, 2024.

LEGAL REVIEW:

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The City Attorney has reviewed and approved the agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.14.a Parkwood Landscape Maintenance Inc. - Second Amendment exec

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Agenda #: 5.15
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH MCE CORP. FOR LANDSCAPE SERVICES THROUGH JUNE
30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, First Amendment to the Maintenance Services Agreement with MCE Corporation through June 30, 2024.

FINANCIAL IMPACT:

The annual not-to-exceed amount of the proposed First Amendment for Fiscal Year 2023/24 will be $473,100, including the vendor’s request for a CPI increase of 8%.

Sufficient funds in the amount of $473,100 are included in the Fiscal Year 2023/24 Operating Budget to cover the cost of such services.

BACKGROUND:

MCE Corporation, managed by City staff, has maintained the three Landscape Assessment Districts (LADs) within the City. On June 16, 2020, the City Council approved a three-year agreement with MCE Corporation, to provide landscape maintenance services (Original Agreement). The City Council has the option to extend the agreement for up to three one-year terms. Overall, MCE’s performance has met City’s expectations, which is evident in the areas they maintain. Therefore, this first Amendment is proposed to extend the term of the Agreement through June 30, 2024.

Per the terms of the Original Agreement, MCE Corporation was not eligible for a CPI increase until the commencement of this first extension.

LEGAL REVIEW:

The City Attorney has reviewed and approved the agreement as to form.

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PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.15.a First Amendment - MCE Corporation

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FIRST AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement ("First Amendment") is made and entered into as of June 20, 2023, by and between the City of Diamond Bar, a municipalcorporation ("City"), and MCE Corporation (herein referred to as the "Contractor") with reference to the following:

A. The City and the Contractor entered into that certain Maintenance $ervices Agreement dated as of June 16, 2A2A, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the OriginalAgreement.

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as othenvise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the OriginalAgreement.

2. Term. The Term of the Original Agreement as set forth in $ection 2 therein is from July 1 , 2AZA to June 30, 2023. This First Amendment shall extend the Term up to and including June 30,2CI24

2. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of four hundred twelve thousand eight hundred twenty-nine dollars and forty cents ($412,829.40) for fiscal year 22123. Section 3 of the Original Agreement is hereby amended to provide for an increase of sixty thousand two hundred seventy dollars and sixty cents ($60,270.60) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed four hundred seventy-three thousand one hundred dollars ($473,100) for fiscal year 23124 without the prior authorization of the City.

4. lntegration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. lN WITNESS hereof, the parties enter into this First Amendment on the year and 14508 1 7. 1

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"CONTRACTOR"
MCE Corporation
"clTr

CIW OF DIAMOND BAR
*By: By:

Dan Fox
Title: City Manager
ATTEST:

Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, City Attomey
'NOTE:lf Conlractor ls a corporatlon, the Clty rqulres the followtng slgnaturc(s):
-- (1) the Chairman of the Board, the President q a Vice-President, AND (2) lhe Secrelary, the Chief Financial Officer, the Treasurer, an Asslsfanf Secretary or an Assrslant Treasurer. lf only one corporate officer exists or one cotporate officer holds morc lhan one corporate ofrce, pJsase so indicab. aR
- The corryate offar named in a corporate resoltlion as authoized to onler into this Agreement. A copy ol the corporcte rcsolution, certified by the Secretary close in time to the execution of the Agreemant, must be providedto the Crty. t4508 I 7. I
*By:

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Agenda #: 5.16
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED PARTICIPATION IN THE NATIONAL

INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Adopt Resolution No. 2023-24 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2023/24.

FINANCIAL IMPACT:

Sufficient funds for the purchase of sanitary supplies are included in the Fiscal Year 2023/24 Operating Budget for the Civic Center, Diamond Bar Center, and various Parks totaling $65,000.

BACKGROUND/ANALYSIS:

The City's purchasing ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal Code, generally requires the use of formal bidding procedures for the procurement of goods and services that cost in excess of $45,000. Section 3.24.090(f) provides an exception as follows: "When supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program.

Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council."
The City has been using Waxie Sanitary Supply for janitorial supplies at the City facilities. Waxie provides high-quality products and years of responsive customer service that staff has come to rely on. On February 17, 2015, the City Council authorized the use of the National Intergovernmental Purchasing Alliance (NIPA),

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currently part of OMNIA Partners - Public Sector, for purchases of Waxie products for the Fiscal Year 2014/15. Subsequently, the City Council has authorized the use of NIPA for the procurement of Waxie products every year since. Staff is seeking authorization for continued use of the NIPA for purchases of Waxie products.

It is recommended that the City forgo its separate bidding process and utilize the bidding process conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead agency) for the NIPA, and negotiated a contract with Network Services Company to obtain discounted pricing for about 1,400 Waxie products. These products may be purchased under the agreement by members of the NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local distributor for the Network Services Company. The NIPA is an intergovernmental cooperative purchasing alliance that procures contracted goods and services through a Request for Proposal (RFP) competitive solicitation process conducted by a public agency/governmental entity. The procurement process employed by the NIPA includes the following:

1. The lead agency prepares a competitive solicitation, incorporating language to make the agreement accessible nationally to agencies in states that allow intergovernmental (i.e., "piggyback") contract usage.

2. The lead agency issues the solicitation and any required amendments and notifications‚ and conducts pre-proposal conferences and/or meetings.

3. Interested suppliers respond to the solicitation.

4. The lead agency evaluates the responses, negotiates the final terms and conditions, and ultimately awards the master agreement.

The NIPA procurement process is similar to the City's formal bidding procedures, which makes master agreements appropriate for "piggybacking" for purchases of Waxie products included in the City of Tucson and Network Services Company master agreement.

The City's Purchasing Ordinance requires that participation in a governmental purchasing program be authorized by Council resolution. The Purchasing Ordinance also requires City Council approval for purchases from a single vendor in a fiscal year in excess of $45,000. Staff anticipates expenditures of $65,000 for Waxie products during Fiscal Year 2023/24.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.16.a Resolution No. 2023-24

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RESOLUTION NO. 2023-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR

AUTHORIZING PARTICIPATION IN THE NATIONAL

INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE

JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE

SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK
SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000
DURING FISCAL YEAR 2023/2024.

WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and
WHEREAS, Diamond Bar Municipal Code Section 3.24.090(f) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, provided such use of a government purchasing program is authorized by resolution of the City Council; and
WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf the City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and
WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract between the City of Tucson, the Network Services Company, and the National Intergovernmental Purchasing Alliance, and have determined that Waxie provides high quality product and responsive customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for City facilities.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond as follows:

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Resolution No. 2023-24
2 1. Certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of a government purchasing program as opposed to a formal bidding process.

2. Authorizes participation of the City in the National Intergovernmental Purchasing Alliance.

3. Appoints the City Manager of the City to direct and supervise the acquisition of goods and services as a participant in the National Intergovernmental Purchasing Alliance.

4. Authorizes the City Manager or his designee to purchase janitorial supplies for City facilities from Waxie Sanitary Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during Fiscal Year 2023/2024.

PASSED, APPROVED AND ADOPTED this 20
th day of June, 2023.

CITY OF DIAMOND BAR
Andrew Chou, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20
th day of June, 2023, by the following
vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

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Agenda #: 5.17
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH GUARANTEED JANITORIAL SERVICE, INC. FOR JANITORIAL SERVICE THROUGH JUNE 30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with Guaranteed Janitorial Service, Inc. for a oneyear extension through June 30, 2024.

FINANCIAL IMPACT:

The amended total not-to-exceed amount of the Agreement for Fiscal Year 2023/24 will be $264,500, including a $21,748 (7.5%) increase over the previous year’s cost.

Sufficient funds in the amount of $264,500 are included in the Fiscal Year 2023/24 PW Operating Budget to cover the cost of such services.

BACKGROUND/DISCUSSION:

Guaranteed Janitorial Service, Inc. (Guaranteed), managed by City staff, has been providing janitorial services at four (4) City facilities; City Hall & Library, Diamond Bar Center, Heritage Park, and Pantera Park. On June 18, 2019, the City Council approved a three-year agreement with Guaranteed Janitorial Service, Inc., to provide Janitorial Service. Per the Original Agreement, the pricing was fixed for the first three years of the contract. The City Council has the option to extend the Agreement for three (3) additional one (1) year terms, with the first one-year extension (22/23) including an

8.6% increase to the line-item rates in the original agreement. Overall, Guaranteed’s performance has met City’s expectations. This satisfactory performance is evident in the City facilities where Guaranteed provides services. Therefore, this Second Amendment is proposed to extend the term of the Agreement through June 30, 2024, and provide a requested cost adjustment of 7.5%.

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LEGAL REVIEW:

The City Attorney has reviewed and approved the amended agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.17.a Guaranteed Janitorial Service Inc. - Second Amendment exec

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Agenda #: 5.18
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FOURTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE
SERVICES THROUGH JUNE 30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Fourth Amendment to the Maintenance Services Agreement with West Coast Arborists, Inc. through June 30, 2024.

FINANCIAL IMPACT:

The proposed amended total not-to-exceed amount of the Agreement for Fiscal Year 2023/24 is $423,500 which includes increases for Landscape Assessment Districts 39- 2022 and 41-2021, and a 2.8% increase to the line-item rates over the previous year.

Sufficient funds are included in Fiscal Year 2023/24 Operating Budget to cover the cost of such services.

BACKGROUND/DISCUSSION:

The City is responsible for maintaining an urban forest comprised of over 12,000 trees.

To effectively maintain and manage the urban forest, approximately 2,500 trees are pruned annually to ensure that all City-owned trees are pruned every five (5) years.

Maintenance responsibilities include the daily maintenance, management, and emergency services for the urban forest. Maintenance services are completed on an annual scheduled cycle for tree pruning as well as as-needed service requests for tree pruning. Additional services include tree planting, tree removals, and emergency response services.

On June 16, 2018, the City entered into a 3-year Maintenance Services Agreement (Original Agreement) with West Coast Arborists, Inc. (WCA). On March 5, 2019, the City

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and WCA entered into the First Amendment to the Original Agreement to add additional funding for pest control services due to an insect infestation. Consistent with Section 2 of the Original Agreement, “Term of the Agreement,” the City Council has the option to extend the Agreement for up to three (3) one (1)-year additional terms. On June 15, 2021, the Second Amendment extended the term through June 30, 2022, and on June 21, 2022, the Third Amendment extended the term through June 30, 2023.

This proposed Fourth Amendment is the third and last one-year extension, which would extend the term of the Agreement through June 30, 2024. For this amendment, per Section 16.B of the Original Agreement, WCA is requesting a 2.8% increase in line-item rates based on the Consumer Price Index (CPI), as shown in Exhibit “A” of the Fourth Amendment (Attachment 1).

LEGAL REVIEW:

The City Attorney has reviewed and approved the amended agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.18.a WCA - Fourth Amendment exec

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5.18.a
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Agenda #: 5.19
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE CITYWIDE BUS SHELTER REPLACEMENT PROGRAM, CIP PROJECT #TI22300.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the Director of Public Works/City Engineer to file, the Notice of Completion.

FINANCIAL IMPACT:

Funding in the amount of $1,200,000 is included in the FY 2022/23 Capital Improvement Program. The final construction cost of the Project is $1,099,657.11, which is $100,300 under the total authorization amount of $1,199,957.11 BACKGROUND/DISCUSSION:

This Project included the removal and disposal of existing amenities, removal and replacement (R&R) of existing damaged concrete, and the procurement and installation of new amenities, i.e., shelters, benches, and trash receptacles, as applicable.

The City Council awarded a Franchise Agreement to Focus Media Group, Inc. (FMG) on November 15, 2022, which included three (3) components: Construction, Advertising, and Maintenance. The construction portion of this Agreement has a not-toexceed amount of 1,099,957.11 with a contingency amount of $100,300 for a total authorization amount of 1,199,957.11. The City authorized the Notice to Proceed for the construction project on March 24, 2023.

Focus Media Group, Inc. has completed all work and improvements required, including all punch list items, on June 6, 2023. The total construction cost was $1,099,657.11.

5.19 Packet Pg. 374
PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.19.a Notice of Completion - City Wide Bus Shelter Replacement Program

5.19 Packet Pg. 375
1762087.1
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
ATTENTION: CITY CLERK
Recording Fees Exempt per Govt. Code §§ 6103, 27383 Space Above for Recorder’s Use

NOTICE OF COMPLETION
Cal. Civ. Code 8100 et seq. and 9200 et seq.

Notice is hereby given that:

1. The undersigned is the owner or authorized officer of the owner of the fee interest in the property hereinafter described.

2. The full name of the owner is City of Diamond Bar.

3. The full address of the owner is 21810 Copley Drive, Diamond Bar, CA 91765.

4. A work of improvement on the property hereinafter described was completed on June 6, 2023. The work done was: City-wide Bus Shelters Replacement.

5. The name and address of the contractor, if any, for such work of improvement was:

FOCUS MEDIA GROUP, INC.
2271 W. Malvern Ave. #407
Fullerton, CA 92833-4080

6. The date of the contract was November 15, 2022.

7. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: City-wide Bus Shelters.

8. The street address of said property is “none” (If no street address has been officially assigned, insert “none”).

CITY OF DIAMOND BAR
Dated:

By:

VERIFICATION
I am the Public Works Director/City Engineer of the City of Diamond Bar and am authorized to execute this verify cation on its behalf. I have read the foregoing notice of completion, know the contests thereof, and the same is true of my personal knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this ____ day of _____________, 2023, at Diamond Bar, California.

By:

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Agenda #: 5.20
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR MUNICIPAL NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL
SERVICES THROUGH JUNE 30, 2026.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Services Agreement with John L. Hunter and Associates, Inc. (JLHA) for a three-year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $74,770.

FINANCIAL IMPACT:

An annual authorization of $74,770 is recommended for the as-needed consulting services for the City’s National Pollutant Discharge Elimination System Permit Program.

The Fiscal Year 2023/24 PW Operating Budget includes adequate funding for these services. For consulting services performed on development-related projects, funding will be provided through developer fees and deposits paid by the applicant prior to any work.

BACKGROUND:

The federal government enacted the Clean Water Act in 1972, which introduced the National Pollutant Discharge Elimination System (NPDES) Permit Program to regulate point sources of pollution. The State of California administers the NPDES Permit Program through the State Water Resources Control Board and the nine (9) Regional Water Quality Control Boards.

The City of Diamond Bar’s point source is the Municipal Separate Storm Sewer System (“MS4”), which is tributary to the Lower San Gabriel River (“LSGR”) and the coastal watersheds of Los Angeles County. The Los Angeles Regional Water Quality Control

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Board (Regional Water Board) regulates local MS4 discharges through the current Municipal NPDES Permit Order No. R4-2021-0105.

The City relies on the support from professional environmental engineering consultants to administer environmental programs, conduct routine inspections for commercial and industrial businesses, monitor construction projects and illicit discharges, represent the City for the activities of the LSGR Watershed Management Group, and submit reports to the Regional Water Board in compliance with the Municipal NPDES Permit.

Property owners within the Los Angeles County Flood Control District approved Measure W in 2018, which created the Safe Clean Water Program (“SCWP”) and authorized the assessment of new special property taxes for the improvement of regional stormwater quality and pollution reduction. The City’s allocation of this funding source can offset the costs for new stormwater quality related projects and programs.

ANALYSIS:

On May 1, 2023, the City released a Request for Proposals (RFP) for professional environmental engineering services through the City’s online bidding platform (PlanetBids). Upon closure of the RFP, five proposals were received as follows:

1. John L. Hunter & Associates, Inc. $74,770

2. CASC Engineering and Consulting, Inc. $80,311

3. Environmental Compliance Specialist, LLC $81,745

4. Proactive Engineering Consultants, Inc. $132,392

5. Socal Stormwater Runoff Solution Services, Inc. NONRESPONSIVE Staff utilized qualitative metrics to evaluate each firm’s proposal and subsequently compared the total fees and proposed hours for one year to complete all of the consulting tasks. Aside from its competitive pricing, the proposal submitted by John L.

Hunter & Associates, Inc. (“JLHA”) exhibited the firm’s extensive knowledge and experience with the Municipal NPDES Permit in the Los Angeles region.

JLHA has served as the City’s stormwater compliance service consultant since 2007, to the satisfaction of the City. The firm has extensive relevant experience with the State Water Resources Control Boards and other local jurisdictions within the watershed, including the Regional Water Board. Given its regional involvement, JLHA can provide high-quality services to the City in a cost-effective manner.

A short form of the JLHA’s proposal is attached as Exhibit “A” to the proposed agreement.

It is recommended that the City Council approve a three-year agreement, with an additional two-year extension option, with John L. Hunter & Associates, Inc. with an annual not-to-exceed amount of $74,770.

LEGAL REVIEW:

The City Attorney has reviewed and approved the agreement as to form.

5.20 Packet Pg. 378
PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.20.a Agreement with John L. Hunter & Associates, Inc.

2. 5.20.b JLHA Proposal (short form)

5.20 Packet Pg. 379
1 CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 21, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and John L. Hunter & Associates, Inc., a California corporation ("Consultant").

1. Consultant's Services.

Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Municipal National Pollutant Discharge Elimination (NPDES) Professional 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.

Nicholas Delgado, Engineering Technician, (
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its Project Manager, and that all performances required hereunder by Consultant shall be

2. Term of Agreement. This Agreement shall take effect July 1, 2023, and shall continue until June 30, 2026 unless earlier terminated pursuant to the provisions herein.

The City Manager shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows:

Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month.

3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of

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2 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 Seventy-Four Thousand, Seven Hundred and Seventy Dollars and Zero Cents ($74,770.00) annually without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

C. City will pay Consultant the amount 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.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

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3 audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.

D.
and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond.

8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.

9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1)
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion f unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and

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4 (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not

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5 cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention 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 due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.

H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.

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6 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.

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 services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Conflict of Interest.

15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the

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7 event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises.

17. Non-Discrimination and Equal Employment Opportunity.

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.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

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8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.

22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

25. Reserved.

26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service 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.

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9 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

John L. Hunter & Associates, Inc. City of Diamond Bar
6131 Orangethorpe Ave, Suite 300 21810 Copley Drive
Buena Park, CA 90620 Diamond Bar, CA 91765-4178
Attn.: Jillian Brickey Attn.: David G. Liu, P.E.

Phone: (562) 676-5703 Phone: (909) 839-7040
E-Mail: [email protected] E-mail: [email protected]

28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.

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5.20.a
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MUNICIPAL NPDES

PROFESSIONAL SERVICES

SERVICES PROPOSAL
2023.05.19
Prepared for: Nicholas Delgado
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Jillian Brickey Cameron McCullough

Project Manager Technical Lead
[email protected] 562.676.5703 [email protected] 562.726.4259

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Proposal for Municipal NPDES Professional Services May 19, 2023 P a g e 11

3. Project Understanding
We welcome the opportunity to provide municipal NPDES professional services to the City of Diamond Bar, prepared in response to the Request for Proposal. This section details the approach to complete the Scope of Work (SOW).

The timeframe of this proposal is for a period of three (3) years, starting July 1, 2023 – June 30, 2026, with the option for a two (2) year extension, upon written agreement by the City and JLHA. This proposal is considered valid for a period of ninety (90) days from the date of submittal. The following responses describe our understanding and approach to the scope of work.

1.a Provide project and program status updates. We understand that our clients prefer updates and reports that are clear, concise, and focused on action items and key points. In addition to written updates and reports, we can provide this service through in-person meetings, video conferences, phone calls, emails, and texting.

1.b Represent the City in meetings and correspondence with program stakeholders. We understand the City needs a representative at various MS4 NPDES related meetings and interactions. We will represent the City: 1) at relevant area-wide NPDES meetings, 2) in interactions and negotiations with regulating agencies, non-governmental agencies, and the public, 3) in compliance audits, and 4) in responding to enforcement actions. Meeting summaries will be prepared for City review. Any action items required by the City as a result of the meetings will be conveyed via email or phone call.

1.c Share technical program information and expertise with City staff. We understand that NPDES regulation is expansive, complex, and at times esoteric. We will be available to the City as-needed and will also provide technical assistance as the NPDES program develops. Summary reports on proposed changes and modifications to the stormwater program will be prepared for City review and comment. Any action items required by the City as a result of program updates will be conveyed via email or phone call.

1.d Assess program compliance, recommend actions, and prepare new program documents. Programs assessed under program compliance include provisions related to Monitoring and Reporting, Minimum Control Measures, Watershed Management, TMDLs, and statewide Trash Provisions. Our approach is to provide the assessment and recommendations in platforms preferred by City staff, to include written reports, presentations, trainings and meetings. Over the years we have modified many of our template NPDES program documents in order to make them more efficient and useful. We can modify our existing form for City use, or we can develop a new form at the request of the City.

1.e Assist with NPDES, WMP, TMDL, and Statewide Trash Provisions compliance planning . We provide this service to over 30 clients in LA County. We understand the requirements for WMP and CIMP implementation as we served as the lead consultant for the development of the WMPs for the LLAR, LSGR, Nearshore, and Peninsula Cities WMGs.

This included oversight of the development of CIMPs. We currently serve as the consultant team lead for the Nearshore, LLAR, LSGR, and Peninsula Cities WMGs. In addition to recommendations and policies, our procedures for the TMDLs may include assisting in identifying and funding infrastructure projects, assisting with requests for Time Schedule Orders (TSOs) and TMDL extensions, supporting scientific studies, and coordinating activities with local Permittees, the LA Water Board, and other stakeholders. We also understand the City is under the provisions of the Statewide Trash Provisions with a final deadline of 2030. (Although technically not a TMDL, the Trash Provisions in effect act as a Trash TMDL.) We will review and update any GIS maps, and long term compliance plans as-needed, or other information required by the Regional Board through the Annual Reporting process.

1.f Assist with the development of the WMP and CIMP. Our approach is to provide this service following the approach described for Task 1.e.

1.g Prepare the NPDES Annual Report and other compliance reports required by the MS4 Permit. We will develop Annual Report information request forms and provide them to applicable City staff. We will review the completed forms with City staff and incorporate comments into a Draft Annual Report. Based on available data we will prepare responses to program status and assessment elements of the Draft Annual Report. We will submit the Individual Annual Report prior to the final December 15th deadline. Meeting the deadline is dependent upon receiving timely responses from the City. Although we will endeavor to prepare Annual Reports that comply with the requirements of

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the LA Water Board, their assessment of the Reports in terms of MS4 NPDES Permit compliance depends on the information provided by the City.

1.h Provide data/input for the WMP Progress Reports and monitoring report. Our approach is to provide this service following the approach described for Task 1.g. Note that the 2021 MS4 Permit requires semi-annual reporting due June 15th and December 15th. We will assist in incorporating volumetric management results into WRAMPS2.org and interpreting monitoring results reported by the watershed group consultant teams. We will submit the semi-annual WMP Progress Reports with sufficient time for review by the WMG prior to the submission deadlines.

1.i Develop and provide Municipal NPDES training for city staff and contractors as applicable. Our training approach is to: 1) Conduct the training at times suitable to City staff. 2) Provide knowledgeable personnel with training. 3) Extract essential elements of the following compliance programs. 4) Place emphasis on the internal staff process and individual job responsibilities. 5) Hold Q&A with City staff. 6) Provide slide presentations, key program forms, templates, and documentation. The deliverables under this scope of services will include access to an online training portal that will permanently store all presentations and related training documentation. We can provide can additional in-depth staff training (beyond the one-hour standard training scope) on any component of the MS4 NPDES program.

1.j Operate and maintain an accessible online database of program records. We will store records of all programs provided under the scope of work on an electronic database accessible to the City online. We will also update and maintain a website of key program records to facilitate easy access by City staff for annual reporting and program audits.

1.k As needed: Assist with municipal NPDES services not listed in this scope of work. We understand tasks may include assistance with municipal NPDES activities beyond the MS4 Permit, such as the IGP, CGP, or drinking water system releases NPDES Permits.

1.l Project management: Coordinate with staff, report on progress, and QA/QC deliverables. Project team members are supervised by the Project Manager. Supervision and service quality is ensured through a QA/QC budget assigned to the program. This budget is for time spent by supervising key personnel to regularly review the Project Team’s work product. This time is also used to track and control the budget, and to ensure control of the schedule of services provided.

2.a Prepare the Safe, Clean Water Program (SCWP) Annual Plan and Annual Expenditure Report. Our approach is to request Annual Plan and Annual Expenditure Report information from City staff. We will review the responses with City staff and incorporate comments into a Draft Annual Plan and Draft Annual Expenditure Report. We will update the SCWP Reporting Module database and based on available data we will prepare responses to program status and assessment elements of the Draft Annual Plan and Annual Expenditure Report. We will submit the Annual Plan and Annual Expenditure Report prior to the final deadline due April 1st and December 31st, respectively.

2.b Provide updates on the SCWP and other funding programs. We regularly assist cities and watershed groups with stormwater funding, including identifying projects and assisting with applications for SCWP, Prop 1, Prop 68, Prop 84, and OCTA M2. Our approach is to attend applicable grant and other funding meetings and workshops, and inform the City of funding opportunities related to NPDES.

2.c Represent the City in meetings and correspondence related to program funding. Our approach is to provide this service following the approach described for Task 1.b.

2.d As needed: Assist in preparing SCWP and grant applications and assist in administration. Our approach is to prepare draft documents with sufficient time for city review and comment prior to final submittal. Final submittal will meet the applicable grant submittal deadlines. We anticipate that the not-to-exceed total provided for the scope of work will be sufficient for our assistance with the submittal of multiple projects for SCW Program funding, or grant applications. We are available to assist in administering grant agreements, including compliance with grant requirements, preparation, and submission of supporting grant documents and coordination.

2.e As needed: Develop and administer fees, budgets, and cost share agreements. Our approach is to review the existing NPDES fee structure, recommend updates for review by the City, and assist in the development and administration of fees. The City also participates in a cost-share agreement for select MS4 NPDES Permit implementation services with the LSGR WMG. We will assist in reviewing cost-share agreements.

3.a Update LID BMP records with available program information. Our approach is to provide this service following the approach described for Task 1.j. We will update LID BMP records upon receiving and availability of records and plans from the City.

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3.b Review LID Plans and related documents. Complete reviews within two weeks. We will verify conformance with MS4 Permit Part VIII.F and the municipality’s NPDES Permit criteria. This includes providing correction sheets to indicate corrections required to achieve conformance, meeting and corresponding with project applicants and engineers, and approving plans. Standard turn-around time for review is two weeks.

3.c Verify LID BMPs are properly installed. BMP verification inspections will include verifying the proper construction and installation of BMPs. We will be available to conduct inspections upon receiving notice from the city to inspect and availability of records and plans. Follow-up activities will be conducted at non-compliant projects. This includes activities related to the detection of BMPs that are improperly constructed or installed. This will also include followup inspections, corresponding with the LID BMP owner/operator, and issuing enforcement actions. We are also available to conduct maintenance inspections at private development projects as needed.

4.a Update site records with available program inventory information. Our approach is to provide this service following the approach described for Task 1.j. We will update construction site records upon receiving and availability of records from the City.

4.b Review SWPPPs for BMP implementation. Our approach is to have JLHA staff Qualified SWPPP Practitioners (QSP) review SWPPPs for BMP implementation during site inspections. Our JLHA staff Qualified SWPPP Developers (QSDs) are available to review SWPPPs during the plan review phase following a review checklist based on MS4 permit requirements.

4.c Conduct BMP inspections, follow-ups, and issue enforcement. Our approach is to: 1) determine the construction site’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 2) determine the need for corrective actions and setting up a follow-up inspection date within 4 weeks, and 3) complete an inspection form. Staff will correspond with site operators and schedule inspections as-needed, discuss corrective actions required, and provide program education as needed. For egregious or repeated cases of noncompliance, enforcement notices will be prepared following the city ordinances and NPDES Permit’s progressive enforcement requirements. If noncompliance persists, we will work with City enforcement staff to resolve the issue.

5.a Conduct the services under Task 3 and 4 for City projects. Our approach is to provide this service following the approach described for Tasks 3 and 4. We will update records for inventoried city facilities with available information.

Facilities will be inspected for proper BMP implementation. Our approach is to: 1) inspect the facility layout to locate the storm drain system and/or stormwater drainage path, storage areas, process, areas, and heavy equipment wash and maintenance areas, 2) determine the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) assess the effectiveness of facility BMPs, 4) determine the need for corrective actions and set up a follow-up inspection date, and 6) complete an inspection form. Staff will correspond with city site operators and schedule inspections as-needed, discuss corrective actions required, provide results of the report, and provide program education as needed.

5.b Verify existing City LID BMPs are properly maintained. BMP verification inspections will include verifying the proper maintenance and operation of BMPs. We will be available to conduct inspections upon receiving notice from the city to inspect and availability of records and plans. Follow-up activities will be conducted when deficiencies are noted.

This includes activities related to the detection of BMPs that are improperly maintained. This will also include followup inspections, and corresponding with the city LID BMP operator We are also available to conduct construction and installation verification inspections at city LID projects as needed.

5.c As needed: Assist in implementing NPDES capital projects and programs. Most activities in this program are typically conducted by in-house city staff, or other city contractors, such as street sweeping, catch basin cleaning, and pesticide and fertilizer application. We are available to ensure these activities are up-to-date and continue to remain in compliance with the MS4 Permit.

6.a Update industrial/commercial facility records using available data sources. Our approach is to provide this service following the approach described for Task 1.j. We will update industrial/commercial facility records upon receiving and availability of records.

6.b Distribute, develop, and purchase educational material. We can provide CASQA BMP fact sheets and/or our own BMP handouts that we have developed for certain critical source business sectors.

6.c Schedule and conduct BMP inspections, follow-up, and issue enforcement. We will conduct MS4 NPDES compliance inspections at approximately 175 industrial and commercial facilities identified by the City. We will inspect facilities for proper BMP implementation. Inspections standard operating procedures includes 1) inspecting facility layout to locate the stormwater drainage path, storage areas, process areas, and heavy equipment wash and maintenance areas, as applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation

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and illicit discharge elimination, 3) verifying industrial classification, and 4) determining the need for corrective actions and setting up follow-up dates. For egregious or repeated cases of noncompliance, we will assist in preparing enforcement notices. If noncompliance persists, we can work with City enforcement staff to resolve the issue.

7.a Conduct field investigations within 2 hours of notification by the City . Complaints received or violations observed will be investigated within the timeframes provided in the MS4 Permit. Within normal working hours, inspection staff will be available to respond to complaints within two hours. Our approach is to conduct field investigations, correspond with responsible parties and complainants, discuss corrective actions required, provide program education as-needed, and prepare reports.

7.b Follow-up and assist in issuing enforcement. Enforcement actions will be undertaken following procedures provided in the MS4 Permit. We will conduct follow-up investigations to verify elimination of illicit discharges. For egregious or repeated cases of noncompliance, enforcement notices will be prepared following city ordinances and the MS4 Permit requirements. Notices will be sent out only after City approval. If noncompliance persists, we will work with City enforcement staff to resolve the issue.

8.a Update records for inventoried city facilities with available information. Our approach is to provide this service following the approach described for Task 1.j. We will update city facility records upon receiving and availability of records.

8.b As needed: Inspect BMPs at City facilities and assist in selecting BMPs. Most activities in this program are typically conducted by in-house city staff, or other city contractors, such as street sweeping, catch basin cleaning, and pesticide and fertilizer application. We will ensure these activities are up-to-date and continue to remain in compliance with the MS4 Permit. We are available to inspect BMPs at City facilities following the approach described for Task 6.c., and assist in selecting BMPs.

9.a Update records for public outreach activities. Our approach is to provide this service following the approach described for Task 1.j. We will update public outreach activity records upon receiving and availability of records.

9.b As needed: Assist with community events to promote pollution prevention. We are available to look for opportunities to participate and promote at city community events. We can attend the chosen event(s) and educate the public in stormwater pollution through discussion, demonstrations, and material distribution.

9.c Provide and distribute educational materials. We provide this service to over 25 clients in LA County. Through this work we prepared multi-lingual press releases, materials, and content that address the pollution prevention topics listed in the MS4 Permit. We have developed and can develop materials in multiple languages, including Spanish and Chinese. We can also provide updates to the City’s website, addressing new topics as needed such as 2021 MS4 Permit requirements and SCWP reporting and public participation. Additional types of materials and content provided upon request include but are not limited to brochures, posters, articles, social media posts, websites, children’s booklets, and labeled tote bags and doggy bag dispensers. We can modify our existing materials for City distribution, or we can develop new materials at the request of the City. We will also provide and distribute educational materials to commercial points of purchase (POP). POP locations include automotive, home improvement, gardening, and pet/feed stores locations. We will visit select stores and provide brochures specific to these industries to be displayed for distribution. The program will be implemented once per reporting year.

9.d As needed: Update and develop educational materials and content. Our approach is to provide this service following the approach described for Task 9.c.

4. Terms and Conditions Statement
We have read, understood, and agreed to all statements in this request for proposal and acknowledge receipt of the terms, conditions, and attachments referenced.

5. Availability of Staff Statement
The Program Manager and key staff will be available to deliver the services on time and on budget. These principal staff members will remain assigned to the extent proposed for the duration of the contract. No person designated as “key” shall be removed or replaced without the proper written concurrence of the City. If changes occur, we will furnish the revised Staff Members information provided in this proposal.

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MUNICIPAL NPDES

PROFESSIONAL SERVICES

FEE PROPOSAL
2023.05.19
Prepared for: Nicholas Delgado
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Jillian Brickey Cameron McCullough

Project Manager Technical Lead
[email protected] 562.676.5703 [email protected] 562.726.4259

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1. Fee Proposal

1.1. Rate Schedule
Principal $220 / hour
Director $195 / hour
Program Manager $195 / hour
Staff Engineer $195 / hour
Project Manager $185 / hour
Assistant Project Manager $165 / hour
Project Engineer $165 / hour
Senior Compliance Specialist $145 / hour
Compliance Specialist II $135 / hour
Project Analyst II $135 / hour
Compliance Specialist I $125 / hour
Project Analyst I $125 / hour
Administrative Assistant, Laborer $85 / hour
State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $290 / hour Subcontracted equipment Cost + 5%
Fee Schedule effective as of April 25, 2023
This rate schedule is subject to consumer price index (CPI) increases in year four and year five, if extension is awarded.

JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city.

1.2. Estimated Not-to-Exceed Fee Proposal
The annual not-to-exceed costs for the professional services are included in the following page.

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Cost Totals Cost Totals Cost Totals Cost Totals Cost Totals

1. Program Administration, Compliance Planning, and Compliance Reporting $20,450 $20,450 $20,450 $21,064 $21,695 PM $185 30 $5,550 $5,550 $5,550 $5,717 $5,888
aPM $165 60 $9,900 $9,900 $9,900 $10,197 $10,503
PA1 $125 40 $5,000 $5,000 $5,000 $5,150 $5,305

2. Program Funding Assistance $3,980 $3,980 $3,980 $4,099 $4,222 PM $185 8 $1,480 $1,480 $1,480 $1,524 $1,570
PA1 $125 20 $2,500 $2,500 $2,500 $2,575 $2,652

3. Planning and Land Development (private development) $7,590 $7,590 $7,590 $7,818 $8,052 Assume 3 LID reviews, 2 SWPPP reviews, and 3 verification LID BMP inspections. PE $165 46 $7,590 $7,590 $7,590 $7,818 $8,052

4. Construction (For private projects that disturb ≥ 1 acre, and as needed for smaller projects) $14,310 $14,310 $14,310 $14,739 $15,181 Assume 5 projects (60 site visits, 36 follow-ups, and 10 enforcement actions) CS2 $135 106 $14,310 $14,310 $14,310 $14,739 $15,181

5. Capital Projects and Programs $2,970 $2,970 $2,970 $3,059 $3,151 Assume 1 LID review, 1 SWPPP review, 1 verification and 2 maintenance LID BMP inspections. PE $165 18 $2,970 $2,970 $2,970 $3,059 $3,151

6. Industrial/Commercial Facilities $16,250 $16,250 $16,250 $16,738 $17,240 Assume 175 facilities (100 routine, 20 follow-ups, and 10 enforcement actions) CS1 $125 130 $16,250 $16,250 $16,250 $16,738 $17,240

7. Illicit Discharge Investigations $3,000 $3,000 $3,000 $3,090 $3,183 Assume 2 investigations CS1 $125 24 $3,000 $3,000 $3,000 $3,090 $3,183

8. Public Agency Activities $2,720 $2,720 $2,720 $2,802 $2,886 PM $185 4 $740 $740 $740 $762 $785
aPM $165 12 $1,980 $1,980 $1,980 $2,039 $2,101

9. Public Information and Participation $3,500 $3,500 $3,500 $3,575 $3,652 Assume $1,000 per year to purchase and print educational materials. PA1 $125 20 $2,500 $2,500 $2,500 $2,575 $2,652 LSE2
LSE LSE $1,000 $1,000 $1,000 $1,000 $1,000
Total Not to Exceed $74,770 $74,770 $74,770 $76,983 $79,263 Grand Total for Three Years: $224,310
1 aPM: Assistant Project Manager, CS: Compliance Specialist, PA: Project Analyst, PE: Project Engineer, PM: Project Manager, SE: Staff Engineer 2 LSE: Lump sum estimate
1-Year Extension
Estimated Not-to-Exceed-Costs
Task name 2023-2024 2024-2025 2025-2026 1-Year ExtensionTeam Rate Hours

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Agenda #: 5.21
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENTS FOR ON-CALL CIVIL

ENGINEERING AND ARCHITECTURAL SERVICES THROUGH JUNE
30, 2026.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

A. Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Cannon Corporation for a three-year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $62,500; B. Approve, and authorize the City Manager to sign, the Consulting Services Agreement with HR Green Pacific, Inc. for a three-year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $62,500; C. Approve, and authorize the City Manager to sign, the Consulting Services Agreement with TAIT & Associates, Inc. for a three-year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $50,000; and
D. Approve, and authorize the City Manager to sign, the Consulting Services Agreement with LAE & Associates, Inc. for a three-year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $100,000.

FINANCIAL IMPACT:

The Fiscal Year 2023/24 Public Works Operating Budget has $65,000 for as-needed professional engineering and architectural services, $110,000 for land development plan check and inspection services, and $200,000 for project oversight and management services ($375,000 total). The following table summarizes the funding sources and amounts available in the budget for each task category.

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SERVICES FUNDING SOURCES AMOUNTS
Land Development General Fund $ 110,000
General Engineering & Architectural General Fund $ 65,000 Project Oversight & Management
General Fund $ 50,000
Proposition C $ 150,000
TOTAL AMOUNT OF RESOURCES $ 375,000
An annual not-to-exceed amount of $62,500 is recommended for Cannon Corporation, $62,500 for HR Green Pacific, Inc., $50,000 for TAIT & Associates, Inc., and $100,000 for LAE Associates, Inc. for as-needed professional engineering and architectural services, land development review and inspection services, and project oversight services ($275,000 total).

BACKGROUND:

The City consults with civil engineering and architectural firms to provide as-needed professional services, which include specialized tasks in the following capacities:
• Land Development Services (Plan Check & Inspection)
• General Engineering Services (Civil Design and Project Oversight) • Architectural Services (Building & Landscape Design)
Over the past three years, a team of consulting firms have reviewed numerous major development projects for conformance with applicable codes and engineering standards/practices; helped to redesign the Diamond Canyon Park landscape palette; prepared design plans for groundwater drainage, street pavement improvements, and Neighborhood Traffic Management Program (NTMP) traffic calming projects; provided project oversight and management support for the SR57/60 Confluence Project and City pavement rehabilitation projects; and also provided other as-needed support to the operations of the Public Works Department.

The current consultant service agreements for professional engineering and architectural services are set to expire on June 30, 2023.

ANALYSIS:

On May 1, 2023, the City released a Request for Proposals (RFP) for professional civil engineering and architectural services through the City’s online bidding platform (PlanetBids). Upon closure of the RFP, twelve (12) proposals were received from the following firms:
• Black O’Dowd & Associates, Inc. • Cannon Corporation

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• HR Green Pacific, Inc. • IMEG Corporation
• LAE Associates, Inc. • MTGL, Inc.
• NCE, Inc. • RKA Consulting Group
• TAIT & Associates, Inc. • TR Design Group, Inc.
• Transtech Engineers, Inc. • Valued Engineering, Inc.

Staff utilized qualitative metrics to evaluate each firm’s proposal and subsequently compared the hourly rates and proposed hours for each consulting task. Furthermore, all firm proposals were evaluated based on their capability to perform several of the requested tasks and relevant experience in providing similar services to other agencies in the region.

The proposals submitted by Cannon Corporation (“Cannon”), HR Green Pacific, Inc. (“HR Green”), TAIT & Associates, Inc. (“TAIT”), and LAE Associates, Inc. (“LAE”) demonstrate their extensive knowledge with civil engineering, architecture, land development, and project oversight and management. Cannon, HR Green, and TAIT currently serve as the City’s on-call consultant firms and provide high-quality services in a cost-effective manner. LAE has provided project oversight services to the City in the past, and under the proposed contract, they will be tasked with supporting the City in the oversight of the SR57/60 Confluence Project and the upcoming arterial and residential street pavement rehabilitation projects, among other tasks.

Staff recommends a three-year contract agreement, with a two-year extension option, with these firms to provide the following services:

FIRMS /

SERVICES

GENERAL

ENGINEERING
LAND

DEVELOPMENT ARCHITECTURAL PROJECT OVERSIGHT
CANNON ✓ ✓
HR GREEN ✓ ✓
LAE ✓
TAIT ✓
A short form of each firm’s proposal is attached as Exhibit “A” to their respective proposed agreements.

LEGAL REVIEW:

The City Attorney has reviewed and approved the agreements as to form.

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.21.a Agreement with Cannon Corporation

2. 5.21.b Agreement with HR Green Pacific, Inc.

3. 5.21.c Agreement with TAIT & Associates, Inc.

4. 5.21.d Agreement with LAE & Associates, Inc.

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1 CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and Cannon Corporation, 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 On-Call Civil Engineering and Architectural 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.

Nicholas Delgado, Engineering Technician, (herein r
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its services hereun
Project Manager, and that all performances required hereunder by Consultant shall be .

2. Term of Agreement. This Agreement shall take effect July 1, 2023, and shall continue until June 30, 2026 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

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2 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 Sixty Two Thousand, Five Hundred Dollars and Zero Cents ($62,500.00) annually without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

C. City will pay Consultant the amount 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.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

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3 audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

D. Consultant shal
and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond.

9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Work
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion f unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and

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4 (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not

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5 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.

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6 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.

14. Conflict of Interest.

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7 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.

17. Non-Discrimination and Equal Employment Opportunity.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

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8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to 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.

23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

25. Reserved.

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9 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

Cannon Corporation City of Diamond Bar
16842 Von Karman Avenue, Ste 150 21810 Copley Drive
Irvine, CA 92606 Diamond Bar, CA 91765-4178
Attn.: Gary Solsona, P.E. Attn.: David G. Liu, P.E.

Phone: (949) 777-1580 Phone: (909) 839-7040
E-Mail: [email protected] E-mail: [email protected]

28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

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1 CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and HR Green Pacific, Inc., a California corporation ("Consultant").

1. Consultant's Services.

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.

Nicholas Delgado, Engineering Technician, (herein r
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its services hereun the
Project Manager, and that all performances required hereunder by Consultant shall be

2. Term of Agreement. This Agreement shall take effect July 1, 2023, and shall continue until June 30, 2026 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

5.21.b
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2 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 Sixty Two Thousand, Five Hundred Dollars and Zero Cents ($62,500.00) annually without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

C. City will pay Consultant the amount 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.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

5.21.b
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3 audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

D. Consultant shal
and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond.

9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Work
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion f unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and

5.21.b
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4 (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

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5 D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating.

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6 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.

14. Conflict of Interest.

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7 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.

17. Non-Discrimination and Equal Employment Opportunity.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

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8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to 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.

23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

25. Reserved.

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9 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

HR Green Pacific, Inc. City of Diamond Bar
1260 Corona Pointe, Suite 305 21810 Copley Drive
Corona, CA 92879 Diamond Bar, CA 91765-4178
Attn.: Steve Loriso, P.E. Attn.: David G. Liu, P.E.

Phone: (855) 900-4742 Phone: (909) 839-7040
E-Mail: [email protected] E-mail: [email protected]

28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

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1 CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and TAIT & Associates, Inc., a California corporation ("Consultant").

1. Consultant's Services.

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.

Nicholas Delgado, Engineering Technician, (herein r[\[hh[Z je Wi j^[ q>_josi Khe`[Yj HWdW][hr)* i^Wbb X[ j^[ f[hied je m^ec j^[ >edikbjWnt will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunZ[h m_j^ j^[ >_josi Khe`[Yj HWdW][h je the [nj[dj h[gk_h[Z Xo j^[ >_josi Project Manager, and that all performances required hereunder by Consultant shall be f[h\ehc[Z je j^[ iWj_i\WYj_ed e\ j^[ >_josi Khe`[Yj HWdW][h WdZ j^[ >_jo HWdW][h.

2. Term of Agreement. This Agreement shall take effect July 1, 2023, and shall continue until June 30, 2026 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

5.21.c
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2 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 Fifty Thousand Dollars and Zero Cents ($50,000.00) annually without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

C. City will pay Consultant the amount 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.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

5.21.c
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3 audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

D. Consultant shalb* Wj >edikbjWdjsi ieb[ Yeij WdZ [nf[di[ \kbbo i[Ykh[ and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond.

E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty l[l_[Z W]W_dij j^[ >_jo \eh >edikbjWdjsi \W_bkh[ to comply with this Section.

9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Work[hsi >ecf[diWj_ed WYji WdZ ej^[h [cfbeo[[ benefit acts with respect to >edikbjWdjsi [cfbeo[[i eh >edikbjWdjsi contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion f_dZ >edikbjWdjsi b[]Wb Yekdi[b unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and

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4 (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claimss made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not

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5 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.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (qNDMr) WdZ-eh Z[ZkYj_Xb[ e\ j^[ feb_Yo _d b_[k e\ j^[ 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 Consultantsi 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.

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6 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.

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 _d\ehcWj_ed (Yebb[Yj_l[bo* j^[ qh[YehZir) f[hjW_d_d] je j^[ Yeiji e\ WdZ Yecfb[j_ed e\ services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Conflict of Interest.

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7 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.

17. Non-Discrimination and Equal Employment Opportunity.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

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8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to j^[ b[d]j^ e\ j^[ Z[bWo ekji_Z[ >edikbjWdjsi Yedjheb, D\ >edikbjWdj X[b_[l[i j^Wj Z[bWoi 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.

23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

25. Reserved.

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9 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
q>JINPGO<IOr q>DOTr
TAIT & Associates, Inc. City of Diamond Bar
701 Parkcenter Drive 21810 Copley Drive
Santa Ana, CA 92648 Diamond Bar, CA 91765-4178
Attn.: Jacob Vandervis, P.E. Attn.: David G. Liu, P.E.

Phone: (714) 560-8200 Phone: (909) 839-7040
E-Mail: [email protected] E-mail: [email protected]

28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

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'401.13 5$6

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Packet Pg. 483
Schedule of Fees
Employee Classification Hourly Rate
06 - Engineering Assistant ........................................................................................................................ 90.00 18 m Project Administrator ......................................................................................................................... 120.00 04 - Engineering Designer I ...................................................................................................................... 155.00 10 - Engineering Designer II ..................................................................................................................... 180.00 03 - Project Engineer I .............................................................................................................................. 205.00 25 m Project Engineer II ............................................................................................................................ 215.00 117 m Senior Project Engineer .................................................................................................................. 225.00 02 - Professional Engineer/Licensed Surveyor ........................................................................................ 245.00 17 - Senior Professional Engineer/Surveyor ............................................................................................ 260.00 52 - HcZ_TZaR] BBlllllllllllllllllllllllllllllllllllll+300.00 01 - Principal ............................................................................................................................................. 275.00 15 - Structural Engineer ............................................................................................................................ 270.00 05 - Permit Expediter I .............................................................................................................................. 120.00 11 - Permit Expediter II ............................................................................................................................. 140.00 09 m Project Coordinator ........................................................................................................................... 165.00 07 - Surveyor ............................................................................................................................................. 145.00 07 m Surveyor (Prevailing Wage) .............................................................................................................. 160.00 08 - Senior Survey Specialist/ Party Chief ................................................................................................ 190.00 08 m Senior Survey Specialist/ Party Chief (Prevailing Wage) ................................................................. 205.00 00 - Two man survey crew ........................................................................................................................ 330.00 22 - One Man Survey Crew with Robotics ............................................................................................... 210.00 13 - Project Manager I .............................................................................................................................. 180.00 54 - Entitlement Director lllllllllllllllllllllllllllll+++++++++++++ 215.00 125 - Assistane Hc`[VTe FR_RXVclllllllllllllllllllllllllllll .. 165.00 90 - Hc`[VTe FR_RXVc BBlllllllllllllllllllllllllllllllll+++205.00 The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m. will be invoiced at 1.5 times the posted rate.

The above rates are inclusive of phone charges, fax charges, software and licensing fees, and photocopying charges.

All rates will remain the same for the first three (3) years of the contract, then are subject to annual CPI increases on January 1st in year four (4) and year five (5), if a contract extension is awarded.

2. Mileage, Travel and Per Diem
Auto Mileage: IRS Rate plus 15 percent
Air Travel and Auto Rental: Actual cost plus 15 percent Per Diem: Actual cost of lodging and meals, plus 15 percent

3. Materials and Supplies
Office and CADD supplies are included in the hourly rates. Prints, plots and reproductions are charged at cost plus 15 percent from commercial blueprint companies. In-house reproduction charges are as follows:

Prints Plots Color Plots
Bond $ .95/s.f. $.95/s.f. $6.00/s.f.

Vellum 1.35/s.f. 1.65/s.f. 7.50/s.f.

4. Reimbursable Expenses
Will be billed at cost plus 15 percent. Client will pay directly for all permit and agency fees; otherwise cost plus 15%. Subconsultant invoices will be billed at cost plus 15%.

5. Insurance Coverage
General Liability: $2,000,000
Errors/Omissions: $1,000,000
California Workers' Compensation - Statutory
Certificates of insurance coverage will be provided upon request.

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3220 Executive Ridge
Suite 210
Vista, CA 92081
760.560.0100
www.salasobrien.com

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1 CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and LAE Associates, Inc., a California corporation ("Consultant").

1. Consultant's Services.

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.

Nicholas Delgado, Engineering Technician, (herein r
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its services hereun the
Project Manager, and that all performances required hereunder by Consultant shall be .

2. Term of Agreement. This Agreement shall take effect July 1, 2023, and shall continue until June 30, 2026 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

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2 services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) annually without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

C. City will pay Consultant the amount 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.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

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3 audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

D. Consultant shal
and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond.

9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Work
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion f unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and

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4 (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not

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5 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.

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6 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.

14. Conflict of Interest.

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7 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.

17. Non-Discrimination and Equal Employment Opportunity.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

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8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to 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.

23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

25. Reserved.

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9 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

LAE Associates, Inc. City of Diamond Bar
650 N Rose Drive, #182 21810 Copley Drive
Placentia, CA 92870 Diamond Bar, CA 91765-4178
Attn.: Fred Alamolhoda, P.E. Attn.: David G. Liu, P.E.

Phone: (714) 993-2840 Phone: (909) 839-7040
E-Mail: [email protected] E-mail: [email protected]

28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

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Agenda #: 5.22
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SIXTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT

WITH EXTERIOR PRODUCTS CORPORATION FOR EXTERIOR
DÉCOR & LIGHTING MAINTENANCE THROUGH JUNE 30, 2024.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Sixth Amendment to the Maintenance Services Agreement with Exterior Products Corporation through June 30, 2024.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement for Fiscal Year 2023/24 would be $182,600. Sufficient funds are included in the Fiscal Year 2023/24 Public Works Operating Budget to cover the cost of such services.

BACKGROUND:

Exterior Products has been providing exceptional service and support to the City for over 15 years, starting with the military & special event banner programs. In March of 2016, the City and Exterior Products entered into the current services agreement, which over time, has been amended to include the followings programs and services:

Military Banners
Special Event Banners
USA Flags on Grand Ave.

Restaurant Week Banners
Lighting Maintenance & Electrical services
Holiday Décor (Banners, intersections & City Hall)
Windmill Holiday Display & Lighting

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ANALYSIS:

During the preparation of the 2023/24 fiscal year operating budget, staff started negotiations with Exterior Products to secure the most competitive pricing for the services they provide. Through this process, staff was able to negotiate an average lineitem increase for labor of 2.8% (CPI).

The following are estimated program costs for fiscal year 2023/24:

Military Banners $17,000
USA Flags on Grand Ave. $20,600
Restaurant Week Banners $10,000
Lighting Maintenance & Electrical services $98,500
Holiday Décor (Banners, intersections & City Hall) $16,500 Windmill Holiday Display & Lighting (new for FY22/23) $20,000 LEGAL REVIEW:

The City Attorney has reviewed and approved the amended agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.22.a Sixth Amendment to Vendor Services Agreement - Exterior Products exec

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Agenda #: 7.1
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
PERMANENT LOCAL HOUSING ALLOCATION ("PLHA") PROGRAM.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

A. Adopt Resolution No. 2023-25 approving the City's participation in Years 1 through 3 of the Los Angeles Urban County PLHA Program; identifying proposed activities for the expenditure of $649,080 in combined PLHA funding; and authorizing the City Manager to sign a reimbursable contract with the Los Angeles County Development Authority ("LACDA"); and
B. Determine that the proposed action does not constitute a project and is therefore exempt from the California Environmental Quality Act (“CEQA”).

FISCAL IMPACT:

The PLHA Program is a SB 2 funded program that provides an ongoing annual source of funding through State Property Transfer Fees. The City has been allocated a combined $649,080 in funding for Years 1 through 3 of the PLHA Program based on the State’s allocation formula. No additional funding is required to participate in the program. If the City does NOT request the funds and identify a purpose for them, the funds will be returned to the State.

BACKGROUND
The PLHA Program was approved by the State legislature in 2017. It is designed to provide an ongoing annual source of funding for the construction of affordable housing, programs to assist persons who are experiencing or are at risk of homelessness, or other housing-related assistance programs for low-to-moderate income households.

Similar to the Community Development Block Grant program for non-entitlement cities, the PLHA funding is first allocated to a regional entity, in this case the Los Angeles

7.1 Packet Pg. 522
County Development Authority (LACDA). The funding is then distributed to individual participating cities according to an allocation formula.

In Fiscal Years 2020-21 (“Year 1”) and 2021-22 (“Year 2”), the City was allocated a combined total of $358,416 in PLHA funding. However, as a result of “many unanticipated challenges” at the County and State levels, this funding has only recently been made available to Diamond Bar. Year 1 and 2 funding is still being withheld from LACDA partner cities that do not have certified housing elements, so Diamond Bar is fortunate to have overcome that hurdle. Similarly, the allocation of Year 3 PLHA funding was delayed and is only now being allocated to the County and its partner cities.

On April 6, 2023, LACDA issued a bulletin (Attachment 2) listing the Year 3 PLHA funding allocations for each participating city. Diamond Bar is listed as eligible to receive $290,664 in Year 3 PLHA funding, for a three-year total of $649,080. To begin receiving these funds, the City is required to adopt and submit a City Council resolution to LACDA by June 30, 2023, listing the program activities that will be funded.

Pursuant to the rules set forth by LACDA, Year 1 and 2 funds must be fully expended by December 31, 2024. Year 3 funds must be spent by December 31, 2025.

DISCUSSION
The SB 2 legislation relating to PLHA funds specifies what eligible activities these funds can be used to finance. Activities can be broadly categorized as follows:

1. Activities related to the construction or preservation of affordable housing or supportive housing;

2. Matching funds to regional housing trusts;

3. Homelessness services and prevention programs;

4. Accessibility modifications for lower-income, owner-occupied housing;

5. Acquisition and rehabilitation of foreclosed or vacant homes; and

6. Programs that expand homeownership opportunities including but not limited to down-payment assistance programs.

Of the eligible activities listed above, it is recommended that the City allocate its carryover Year 1 & 2 PLHA funding totaling $358,416, and its new Year 3 PLHA funding totaling $290,664 to expand its successful Home Improvement Program. The proposed programming of these funds is summarized below:
• Home Improvement Program Funding Augmentation – $409,080 The CDBG HIP offers deferred loans to eligible low- and moderate-income homeowners of single-family detached housing for necessary home improvements,

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as well as repairs to mitigate building and safety code deficiencies and/or violations.

The City’s HIP policies currently provide interest-free, deferred loans of up to $20,000 to eligible households. Loans become payable when the homes are sold or refinanced.

The City Council adopted the current HIP Program Policies in July of 2016.

Increasing construction and materials costs over the intervening seven years have progressively limited the scope of work that a $20,000 loan can accommodate, and is no longer enough to cover certain jobs, such as reroofs that require new sheathing. However, supplementing our CDBG allocation with PLHA funding would enable the City to increase individual HIP loan amounts to keep pace with rising costs, and issue more loans, without requiring cuts in the City’s other CDBG programs, such as Senior Programming and ADA curb ramp construction.

Staff recommends that the Council allocate $409,800 of the City’s PLHA funds to increase the individual HIP loan cap to $30,000 through the end of 2025. The expenditure deadlines are as follows:
o $238,416 of Year 1 and 2 funds must be spent by December 31, 2024. o $170,664 of Year 3 funds must be spent by December 31, 2025.

The approved FY 2023/24 CDBG budget allocates $120,000 to the Home Improvement Program. If the same amount is allocated in FY 2024/25 and FY 2025/26 approximately 13 HIP loans at $20,000 apiece (including administrative costs) could be issued by the end of calendar year 2025. With the recommended allocation of PLHA funds to augment the Home Improvement program, the City would be able as many as 20 HIP loans, all at proposed increased loan limit of $30,000 each.
• Condominium Home Improvement Program (“CHIP”) – $240,000 The CHIP will offer deferred loans to eligible low- and moderate-income homeowners of residential condominiums and townhomes. The program will be administered in essentially the same manner as the HIP, but staff recommends capping the loan amount to $20,000 because costlier improvements, such as roof maintenance and exterior repairs, are the responsibility of the respective condominium homeowners associations. The proposed allocation of $240,000 would fund ten $20,000 loans through the end of 2025.

According to LACDA, the City may make adjustments to the PLHA funding allocations between the two programs, if appropriate. For example, If the demand for CHIP loans is higher than anticipated, the City could reallocate funds from the HIP allocation.

ENVIRONMENTAL ANALYSIS:

The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”). As such, this matter is exempt under CEQA.

SUMMARY OF RECOMMENDATIONS:

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It is recommended that the City Council adopt the attached resolution approving participation in Years 1 through 3 of the Los Angeles Urban County PLHA Program, identifying the use of $649,080 in combined PLHA funding to augment the existing Home Improvement Program (“HIP”), and establish the Condominium Home Improvement Program (“CHIP”) to expand the number of owner-occupied households eligible to receive interest-free, deferred loans for essential home improvements; and authorizing the City Manager to sign a reimbursable contract with LACDA.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 7.1.a Resolution No. 2023-25

2. 7.1.b April 6, 2023 LACDA Bulletin

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RESOLUTION NO. 2023-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN

COUNTY PERMANENT LOCAL HOUSING ALLOCATION PROGRAM BY

AUTHORIZING THE CITY MANAGER TO SIGN A REIMBURSABLE

CONTRACT WITH THE LOS ANGELES COUNTY DEVELOPMENT
AUTHORITY (“LACDA”) ACTING ON BEHALF OF THE COUNTY.

WHEREAS, the City of Diamond Bar (“City”) desires to participate in the Los Angeles Urban County Permanent Local Housing Allocation (“PLHA”) Program; and WHEREAS, the City authorizes the execution of a Reimbursable Contract with the County of Los Angeles in order to receive said PLHA funds.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows:

Section 1. That the City Council does hereby authorize the City Manager to execute any and all documents, including a reimbursable contract with the Los Angeles County Development Authority acting on behalf of the County of Los Angeles, necessary for participation in the Los Angeles Urban County PLHA Program on behalf on behalf of the City of Diamond Bar.

Section 2. That the City Council determines that the proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines.

Section 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023.

CITY OF DIAMOND BAR
__________________________
Andrew Chou, Mayor

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Resolution No. 2023-25
2 ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20th day of June, 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
__________________________
Kristina Santana, City Clerk

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TO: PLHA PARTICIPATING CITIES
This bulletin provides information to our Participating Cities (Cities) on the Permanent Local Housing Allocation (PLHA) Program and on PLHA Year 3 funding to Cities who meet PLHA regulatory and eligibility requirements.

We are pleased to announce that the California Department of Housing and Community Development has announced that the County of Los Angeles (County) will receive an allocation of $18,858,143 for PLHA Year 3 of this program. Cities who have a State-approved Housing Element are invited to follow the instructions below to program their PLHA Year 3 allocation to implement eligible affordable housing programs.

Cities can verify compliance with State Housing Element Law pursuant to GC Section 65585 at https://www.hcd.ca.gov/planning-and-community-development/housing-elements.

Attachment A provides the new PLHA Year 3 allocation amounts available to Cities that qualify and wish to utilize these funds for current or new eligible activities. To receive PLHA Year 3 funding, Cities with a State-approved Housing Element who wish to use their available allocation for PLHA Eligible Activities, must submit a Letter of Intent and proposed Exhibit A form to opt-in and receive funding. The Letter of Intent must include concise details of the proposed Activity and Sub-Activity, if applicable, and describe how the City will spend the funds by December 31, 2025.

Please consider the complexity of the project being proposed, available resources, and whether the funding amount can be expended by the expenditure deadline. Because the shared allocation limits the amount of funding available to each jurisdiction, PLHA may not be the best funding source for all eligible activities. If a City does not submit a Letter of Intent, the available allocation will be retained by the County and reallocated to Countywide program(s).

Please adhere to the following deadlines to receive funding:

1. May 1, 2023 - The Letter of Intent must be completed and submitted to the LACDA.

2. May 31, 2023 - Proposed Exhibit A form must be submitted (Attachment B).

3. June 30,2023 - City Council approval resolution must be submitted (Attachment C - Sample). 23-0005
April 6, 2023

PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PROGRAM YEAR 3 FUNDING INSTRUCTIONS FOR

PARTICIPATING CITIES
IMMEDIATELY 1 3

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Diamond Bar City CouncilJune 20, 2023

Diamond Bar City Council
June 20, 2023