City Council Agenda
Tuesday, March 5, 2024 6:30 PM
South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765
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American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.
MARCH 5, 2024 PAGE 2
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
STEVE TYE
Council Member
STAN LIU
Mayor
CHIA TENG
Mayor Pro Tem
City Manager Dan Fox • City Attorney Omar Sandoval • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting, may result in the person being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV (on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. The City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov/agendas General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/8192961853912224350 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 05, 2024
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Emeritus Mark Hopper,
Evangelical Free Church
ROLL CALL: Chou, Low, Tye, Mayor Pro Tem
Teng, Mayor Liu
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclamation Declaring March 2024 as Women’s History Month.
1.2 Proclamation Declaring March 2024 as American Red Cross Month.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
“Public Comments” is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute MARCH 5, 2024 PAGE 2
maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Coffee with a Cop – March 9, 2024, 8:00-10:00 a.m., The Mugs, 20657 Golden Springs Drive, Ste 101.
4.2 Planning Commission Meeting – March 12, 2024, 6:30-8:00 p.m., online teleconference and City Hall Windmill Room, 21810 Copley Dr.
4.3 Traffic and Transportation Commission Meeting – March 14, 2024, 6:30-8:00 p.m., online teleconference and City Hall Windmill Room, 21810 Copley Dr.
4.4 City Council Meeting – March 19, 2024, 6:30 p.m., online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr.
5. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration.
5.1 CITY COUNCIL MINUTES OF THE FEBRUARY 20, 2024 STUDY SESSION AND REGULAR MEETING.
5.1.a February 20, 2024 City Council Study Session Meeting Minutes
5.1.b February 20, 2024 City Council Regular Meeting Minutes Recommended Action:
Approve the February 20, 2024 Study Session and Regular City Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 14, 2024 THROUGH FEBRUARY 27, 2024 TOTALING $1,262,776.13.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 TREASURER'S STATEMENT.
Recommended Action:
MARCH 5, 2024 PAGE 3
Approve the January 2024 Treasurer’s Statement.
Requested by: Finance Department
5.4 THIRD AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
WITH LANCE, SOLL & LUNGHARD, LLP FOR AUDIT SERVICES
REQUIRED BY THE LOS ANGELES COUNTY SAFE, CLEAN WATER
PROGRAM FOR FISCAL YEARS 2020/21 THROUGH 2022/23.
Recommended Action:
Approve, and authorize the City Manager to sign, the Third Amendment to the Consultant Services Agreement with Lance, Soll & Lunghard, LLP for auditing services.
Requested by: Finance Department
5.5 CALIFORNIA NATURAL RESOURCES AGENCY GRANT FOR
HERITAGE PARK RENOVATION PROJECT AND CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION GRANT FOR MAPLE
HILL PARK PLAYGROUND/RESTROOM REPLACEMENT PROJECT.
Recommended Action:
A. Adopt Resolution No. 2024-07, approving the acceptance of general fund grant funds for the Heritage Park Renovation Project, and authorizing the City Manager, or designee, to execute and submit all documents necessary to accept, administer and expend the grant funding; and,
B. Adopt Resolution No. 2024-08, approving the application for specified grant funds for the Maple Hill Park Playground/Restroom Replacement Project, and authorizing the City Manager, or designee, to execute and submit all documents necessary to accept, administer and expend the grant funding.
Requested by: City Manager
6. PUBLIC HEARINGS: NONE.
7. COUNCIL CONSIDERATION: NONE.
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE FEBRUARY 20, 2024 STUDY SESSION AND REGULAR MEETING.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the February 20, 2024 Study Session and Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
5.1 Packet Pg. 6
REVIEWED BY:
Attachments:
1. 5.1.a February 20, 2024 City Council Study Session Meeting Minutes
2. 5.1.b February 20, 2024 City Council Regular Meeting Minutes
5.1 Packet Pg. 7
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION MINUTES
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, ROOM CC-08 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
FEBRUARY 20, 2024
CALL TO ORDER: Mayor Liu called the Study Session to order at 5:30 p.m.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Steve Tye, Mayor Pro Tem Chia Yu Teng and Mayor Stan Liu
Staff Present in Person: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Anthony Jordan, Parks & Maintenance Superintendent; Jason Williams, Maintenance Supervisor; Nicholas Delgado, Management Analyst; Ryan Wright, Parks and Recreation Director; Christy Murphey, Recreation Superintendent; Jason Jacobsen, Finance Director; Marsha Roa, Community Relations Manager; Kristina Santana, City Clerk
Staff present telephonically: Amy Haug, Human Resources and Risk Manager
1. HERITAGE PARK AND COMMUNITY CENTER RENOVATION PROJECT DESIGN CONCEPTS, CIP#FP24502:
PWM/ACE/Ghafari introduced Lok Ng, Project Manager, Eric Sterling, Josue Soma and Xitlali Casarrubias, members of the architectural firm Black, O’Dowd and Associates (BOA Associates) design team as well as, staff member PRD/Wright and others involved in developing the design concepts for the Heritage Park and Community Center Renovation Project which was originally contemplated in 2019.
Tonight’s presentation included renderings focusing on Phase I and Phase II (Options A & B) in an attempt to create a shovel-ready project design to move the project forward upon approval of the City Council.
Following the presentation, Q&A and Council discussion, Council generally preferred Option B for the floor plan and shade structures. Further consideration will be needed to evaluate an open wall for the community room, blending Options A & B of the landscape site plan, and the playground design theme.
ADJOURNMENT: With no further business to come before the City Council, Mayor Liu recessed the Study Session at 6:43 p.m. to the Regular City Council Meeting.
Respectfully submitted:
___________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved 5
th day of March, 2024
___________________________
Stan Liu, Mayor
5.1.a
Packet Pg. 8
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
FEBRUARY 20, 2024
STUDY SESSION: 5:30 p.m., Room CC-08
Heritage Park and Community Center
Renovation Project Design Concepts, CIP# FP24502
Adjourned to Regular Meeting: 6:43 p.m.
CALL TO ORDER: Mayor Liu called the Regular City Council meeting to order at 6:51 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Council Member Low led the Pledge of Allegiance.
INVOCATION: Reverend Florentine Cordova, Diamond Bar United Church of Christ provided the invocation.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Steve Tye, Mayor Pro Tem Chia Yu Teng, Mayor Stan Liu
Staff Present in Person: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Nicholas Delgado, Management Analyst; Ryan Wright, Parks and Recreation Director; Jason Jacobsen, Finance Director; Marsha Roa, Community Relations Manager; Cecilia Arellano, Senior Community Relations Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff present Telephonically: Greg Gubman, Community Development Director; Grace Lee, Planning Manager; Mayuko Nakajima, Senior Planner; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Information Systems Director; Dannette Allen, Senior Management Analyst
Others Present: Lieutenant Daniel Dail, Diamond Bar/Walnut Station; Captain Stephen Tousey, Diamond Bar/Walnut Station; Leticia Pacillas, LACFD Community Services Liaison (telephonically)
APPROVAL OF AGENDA: Mayor Liu approved the agenda as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox reported that prior to tonight’s regular City Council meeting, the City Council held a Study Session and was provided direction on proposed
5.1.b
Packet Pg. 9
FEBRUARY 20, 2024 PAGE 2 CITY COUNCIL
improvements for the Heritage Park Community building and playground design concepts.
3. PUBLIC COMMENTS:
Shelley Gentry has been unable to gather information about what is proposed to secure the Royal Vista Golf Course property upon its closing March 1 or how the property will be developed, which has not been revealed to the neighboring residents and, she is very concerned about the possibility of damage to her property as well as, that of her neighbors living next to the golf course.
Cynthia Yu, Diamond Bar Library, introduced Jennifer Gutierrez, the new Children’s Librarian who spoke about her service to various communities since 2008 and said she looked forward to introducing exciting innovative programs and services to the community including upcoming programs during February and March. For additional information on these and other programs, visit the library website at www.lacountylibrary.org
CC/Santana reported that one public comment email was received from Adam Angulo which was forwarded to the City Council and placed at the entrance to tonight’s meeting for public viewing and there were no online callers requesting to speak under Public Comments.
RESPONSE TO PUBLIC COMMENTS:
CM/Fox stated that Diamond Bar has not received a response to written comments to the Draft EIR for the Royal Vista Golf Course property that were submitted at the end of 2023. If it is the pleasure of the Council, staff can pursue the matter further and coordinate with the Diamond Bar/ Walnut Sheriff’s team which serves the area and would respond to calls for service.
4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events.
5. CONSENT CALENDAR: C/Low moved, C/Chou seconded, to approve the Consent Calendar as presented. Motion carried 5-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, M/Liu
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5.1 APPROVED CITY COUNCIL MINUTES:
5.1.1 FEBRUARY 6, 2024 REGULAR MEETING.
5.2 RATIFIED CHECK REGISTER DATED JANUARY 31, 2024 THROUGH FEBRUARY 13, 2024 TOTALING $910,652.56.
5.1.b
Packet Pg. 10
FEBRUARY 20, 2024 PAGE 3 CITY COUNCIL
5.3 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING, AND ADOPTED ORDINANCE NO. 01 (2024) ENTITLED “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS
ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS
BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.”
5.4 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN AND
SUBMIT A LETTER OF OBJECTION AND APPLICATION TO
PURCHASE TAX-DEFAULTED PROPERTY.
5.5 APPROVED AND AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
FOR THE INTERNALLY ILLUMINATED STREET NAME SIGN AND
TRAFFIC SIGNAL SAFETY LIGHT REPLACEMENT PROJECT NO.
TM23201.
5.6 APPROVED PLANS AND SPECIFICATIONS FOR THE AREA 3
RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND
ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE
FROM GRAND AVENUE TO AVENIDA RANCHEROS; AND GRAND
AVENUE FROM DIAMOND BAR BOULEVARD TO EAST CITY LIMITS - GATEWAY CORPORATE CENTER) PROJECT NO. Si24101 & Si24103;
THE GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE
IMPROVEMENTS PROJECT NO. PW 23402; AND, THE COLD SPRING LAND GROUNDWATER DRAINAGE IMPROVEMENTS PROJECT NO.
SI24101 AS FOLLOWS:
A. DETERMINED THAT APPROVING THE DESIGN AND PLANS FOR
THE PROPOSED PROJECTS IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION
15301(C) OF THE CEQA GUIDELINES; AND,
B. ADOPTED RESOLUTION NO. 2024-04 APPROVING THE DESIGN
AND PLANS FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS
REHABILITATION AND ARTERIAL STREET REHABILITATION
(GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA
RANCHEROS, GRAND AVENUE FROM DIAMOND BAR
BOULEVARD TO EAST CITY LIMITS, COLLECTOR STREETS
WITHIN THE GATEWAY CORPORATE CENTER PROJECT, THE
GRAND AVENUE MEDIAN DRAINAGE IMPROVEMENT PROJECT,
AND THE COLD SPRING LANE GROUND WATER DRAINAGE
IMPROVEMENT PROJECT.
5.1.b
Packet Pg. 11
FEBRUARY 20, 2024 PAGE 4 CITY COUNCIL
6. PUBLIC HEARINGS: NONE
7. COUNCIL CONSIDERATION:
7.1 FISCALYEAR 2023-2024 MID-YEAR BUDGET REVIEW.
FD/Jacobsen provided the staff report.
CC/Santana stated that there were no emails received and no public comments offered on this item.
C/Chou moved, C/Low seconded, to adopt Resolution No. 2024-05 amending the Fiscal Year 2023-24 Municipal Budget Revenue Estimates and Appropriations; and, Adopt Resolution No. 2024-06 amending the City’s Fiscal Year 2023-24 Compensation Plan. Motion carried 5-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng,
M/Liu
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ADDITIONAL CITY COUNCIL RECOGNITION OPTIONS:
CM/Fox provided a brief staff report and asked for Council direction.
M/Liu provided additional discussion.
C/Chou suggested the City Council consider the option of allowing individual Council Members to issue Certificates.
Following discussion, CM/Fox asked if the Council wished to have a discussion about deviating from the current Policy to permit an individual Council Member to issue Certificates. Currently, the process is that a Council Member coordinates with the Mayor to approve a request and if approved, the Certificate is delivered with all five Council Member signatures as a “City” issued Certificate.
With respect to Mayor Liu’s initial discussion item, there was Council consensus to continue to work within Recognition Policy 2019-02 and encouraged more Certificates, Certificate Plaques, and Proclamations to be presented at Council meetings.
MPT/Teng moved, C/Tye seconded, to schedule a City Council Study Session to consider the feasibility of amending the current policy to allow individual Council Members to issue certificates or other forms of recognition. Motion by the following Roll Call vote:
5.1.b
Packet Pg. 12
FEBRUARY 20, 2024 PAGE 5 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Teng, M/Liu
NOES: COUNCIL MEMBERS: Low
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff and his colleagues for the robust discussion and the midyear budget review.
C/Low thanked staff for the mid-year review and keeping the City on track, encouraged everyone to vote, and spoke about attending, along with her colleagues MPT/Teng and C/Tye, the Girls’ Softball opening day and congratulated the participants including the daughter of HR&RM/Haug and wished the teams a good season, attended the Miss Diamond Bar Fashion Show fundraiser and wished everyone a happy Lunar New Year.
C/Tye said it was exciting to be with the Diamond Girls’ Softball group on a very foggy cold morning where Pink Stars won the banner and asked CM/Fox to contact LA County in an attempt to gather information about the Royal Vista Golf Course closure and what they proposed for securing the site.
MPT/Teng offered no comments.
M/Liu thanked staff for their presentations and audience members for their participation, asked if the Public Safety Committee could participate in outreach to help residents stay safe, attended the groundbreaking for the children’s center at the EFree Church of Diamond Bar and thanked neighbors for keeping each other safe.
.
ADJOURNMENT: With no further business to conduct, M/Liu adjourned the Regular City Council Meeting at 8:13 p.m.
Respectfully Submitted,
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 5
th day of March, 2024.
__________________________
Stan Liu, Mayor
5.1.b
Packet Pg. 13
Agenda #: 5.2
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 14, 2024 THROUGH FEBRUARY 27, 2024 TOTALING $1,262,776.13.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,262,776.13.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated February 14, 2024 through February 27, 2024 totaling $1,262,776.13 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director.
PREPARED BY:
5.2 Packet Pg. 14
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 3-5-2024
2. 5.2.b Check Register 3-5-2024
5.2 Packet Pg. 15
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register including checks dated February 14, 2024 through February 27, 2024 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts:
Signed: __________________________________ Finance Director Jason M. Jacobsen
5.2.a
Packet Pg. 16
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10951 2/21/2024 COUNTY OF LOS ANGELES
TREASURER & TAX COLLECTOR
APPLICATION TO PURCHASE TAX
DEFAULTED PROPERTY
100 53999 $274.00
CHECK TOTAL $274.00
11180 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED - TC-1
100655 52210 $85.05
CHECK TOTAL $85.05
11181 2/15/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CYN RD BPED - LS-3
100655 52210 $37.39
CHECK TOTAL $37.39
11182 2/15/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN B PED - LS-3
100655 52210 $52.93
CHECK TOTAL $52.93
11183 2/15/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 23331 GOLDEN SPRINGS DR PED - GS-1
100655 52210 $95.57
CHECK TOTAL $95.57
11184 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER RD - TC-1
100655 52210 $122.82
CHECK TOTAL $122.82
11185 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED - TC-1
100655 52210 $111.29
CHECK TOTAL $111.29
11186 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE - TC-1
100655 52210 $130.43
CHECK TOTAL $130.43
11187 2/15/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED - 021324 100655 52210 $106.52 CHECK TOTAL $106.52
11188 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS - TC-1
100655 52210 $132.89
CHECK TOTAL $132.89
11189 2/16/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE & VARIOUS - TC-1
100655 52210 $570.39
CHECK TOTAL $570.39
11190 2/16/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 S. BREA CYN - GS-1 100655 52210 $90.06
5.2.b
Packet Pg. 17
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $90.06
11192 2/16/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S LEMON & VARIOUS - TC-1
100655 52210 $333.66
CHECK TOTAL $333.66
11193 2/16/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CYN RD - TC-1
100655 52210 $78.58
CHECK TOTAL $78.58
11194 2/21/2024 SOUTHERN CALIFORNIA EDISON 20980 E CYN RIDGE LN (011024-020824) FY23-24
241641 52210 $7.24
CHECK TOTAL $7.24
11195 2/21/2024 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY DR (011024- 020824) FY23-24
241641 52210 $6.80
CHECK TOTAL $6.80
11196 2/21/2024 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON AVE (011024- 020824) FY23-24
100630 52210 $36.32
CHECK TOTAL $36.32
11197 2/21/2024 SOUTHERN CALIFORNIA EDISON 633 GRAND AVE (010924-020724) FY23- 24 238638 52210 $15.59
CHECK TOTAL $15.59
11198 2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
238 21118 $4.81
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
239 21118 $4.81
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
241 21118 $4.81
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
207 21118 $20.41
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
250 21118 $35.72
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
206 21118 $55.69
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
100 21118 $1,840.03
CHECK TOTAL $1,966.28
11199 2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
225 21109 $7.50
5.2.b
Packet Pg. 18
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
201 21109 $123.97
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
239 21109 $141.34
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
241 21109 $141.34
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
206 21109 $202.97
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
250 21109 $207.19
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
207 21109 $257.41
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
238 21109 $282.68
2/16/2024 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
100 21109 $12,825.56
CHECK TOTAL $14,189.96
11200 2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24 & 2/1-2/29/24
225 21110 $76.63
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
239 21110 $160.20
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
241 21110 $160.20
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
238 21110 $228.97
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
206 21110 $513.89
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
201 21110 $539.13
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
207 21110 $635.36
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
250 21110 $1,711.63
5.2.b
Packet Pg. 19
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
100 21110 $41,216.62
CHECK TOTAL $45,242.63
11208 2/27/2024 ABSOLUTE SECURITY
INTERNATIONAL INC
SECURITY GUARD SERVICES 100510 55330 $2,720.87
CHECK TOTAL $2,720.87
11209 2/27/2024 AIRGAS INC ARGON CYLINDER REFILL (010124- 013124) FY23-24
100630 51200 $28.06
CHECK TOTAL $28.06
11210 2/27/2024 ALL CITY MANAGEMENT
SERVICES INC
CROSSING GUARD SERVICES - 1/21/24-
2/3/24
100310 55412 $13,589.82
2/27/2024 ALL CITY MANAGEMENT
SERVICES INC
CROSSING GUARD SERVICES - 1/7/24-
1/20/24
100310 55412 $12,578.28
CHECK TOTAL $26,168.10
11211 2/27/2024 ALLIANT INSURANCE SERVICES
INC
EARTH DAY EVENT INSURANCE ADDL 250170 57220 $1,013.00
CHECK TOTAL $1,013.00
11212 2/27/2024 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL
(FEB2024) FY23-24
100630 52320 $70.00
2/27/2024 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL
(FEB2024) FY23-24
100510 52320 $105.00
2/27/2024 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL
(FEB2024) FY23-24
100620 52320 $120.00
CHECK TOTAL $295.00
11213 2/27/2024 BLACK O'DOWD AND
ASSOCIATES INC
HERITAGE PARK RENOVATION DESIGN 301630 56104 $39,082.00 CHECK TOTAL $39,082.00
11214 2/27/2024 BRIAN E WORTHINGTON STIPEND - PARKS AND REC
COMMISSION MEETING
100520 52525 $45.00
CHECK TOTAL $45.00
11215 2/27/2024 BRIAN MARTINEZ PHOTOGRAPHER SR VALENTINE DANCE 100240 52130 $400.00 CHECK TOTAL $400.00
11216 2/27/2024 BROADCAST MUSIC INC MUSIC LICENSING 100520 55300 $929.18 CHECK TOTAL $929.18
5.2.b
Packet Pg. 20
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11217 2/27/2024 LINGO TELECOM LLC CITYWIDE ANALOG PHONE SYSTEM - FEB 2024
100230 52200 $2,297.63
CHECK TOTAL $2,297.63
11218 2/27/2024 CHEM PRO LABORATORY INC QTRLY WATER MANAGEMENT (DBC) FY23-24
100510 52310 $186.20
2/27/2024 CHEM PRO LABORATORY INC WATER TREATMENT (CITYHALL/FEB) FY23- 24 100620 52320 $187.95
CHECK TOTAL $374.15
11219 2/27/2024 CIVICPLUS LLC ANNUAL RENEWAL - MUNICODE - 2024 100230 52314 $900.00 CHECK TOTAL $900.00
11220 2/27/2024 COMMONWEALTH LAND TITLE
COMPANY
PROF. SERVICES - PRELIMINARY REPORT 100130 54900 $700.00 CHECK TOTAL $700.00
11221 2/27/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTORNOVEMBER 2023100120 54024 $2,495.76 2/27/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTORNOV2023-24311 KNOLL100120 54024 $2,385.35 CHECK TOTAL $4,881.11
11222 2/27/2024 DECKARD TECHNOLOGIES INC SHORT TERM RENTAL MONITORINGANNUAL MEMBERSHIP100430 55110 $3,000.00 CHECK TOTAL $3,000.00
11223 2/27/2024 CAROL A DENNIS MINUTES TRANSCRIPTION IN FEB. 100140 54900 $325.00 CHECK TOTAL $325.00
11224 2/27/2024 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $416.00 CHECK TOTAL $416.00
11225 2/27/2024 DEPARTMENT OF MOTOR
VEHICLES
CLEANAIRDECAL(LIC#1674730) FY23-24 502630 52312 $22.00
CHECK TOTAL $22.00
11226 2/27/2024 DEPARTMENT OF MOTOR
VEHICLES
CLEANAIRDECAL(LIC#1674731) FY23-24 502630 52312 $22.00
CHECK TOTAL $22.00
11227 2/27/2024 DEPT OF TRANSPORTATION TS MAINT - SHARED AGREEMENT - OCTDEC 2023100655 55536 $3,580.38 CHECK TOTAL $3,580.38
5.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11228 2/27/2024 DIAMOND BAR STORAGE
OWNER LLC
OFF SITE STORAGE #92 #376 DEPT 100420 52302 $800.00
CHECK TOTAL $800.00
11229 2/27/2024 DIAMOND PONTE DINING
SERVICES LLC
CMO WELCOME BREAKFAST - 2/14/24 100130 52410 $471.54
CHECK TOTAL $471.54
11230 2/27/2024 DUNN EDWARDS CORPORATION ROAD MAINT SUPPLIES (AREA 2 REHAB) FY23-24
100655 51250 $464.97
CHECK TOTAL $464.97
11231 2/27/2024 EATON CORPORATION ANNUAL SUPPORT - UPS SERVICES 2024 100230 52314 $7,933.77 CHECK TOTAL $7,933.77
11232 2/27/2024 ECOFERT INC FERTILIZER INJECTION SYSTEM (JAN2024) FY23-24
100630 52320 $1,207.00
CHECK TOTAL $1,207.00
11233 2/27/2024 ENVIRONMENTAL NETWORK
CORPORATION
ASBESTOS ROOF INSPECTION (CITYHALL)
FY23-24
100620 52320 $1,760.00
CHECK TOTAL $1,760.00
11234 2/27/2024 EXTERIOR PRODUCTS CORP ON-CALL ELECTRICAL WORK (JAN2024) FY23-24
100620 51200 $125.00
2/27/2024 EXTERIOR PRODUCTS CORP ON-CALL ELECTRICAL WORK (JAN2024) FY23-24
100510 52320 $234.81
2/27/2024 EXTERIOR PRODUCTS CORP ON-CALL ELECTRICAL WORK (JAN2024) FY23-24
100630 52320 $365.17
2/27/2024 EXTERIOR PRODUCTS CORP AMERICAN FLAGS (PARKS) FY23-24 100630 56116 $6,715.26 CHECK TOTAL $7,440.24
11235 2/27/2024 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILL - INTERNET SERVICE - FEB
2024
100230 54030 $398.63
2/27/2024 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILL - INTERNET/CITY HALL 100230 54030 $775.00
CHECK TOTAL $1,173.63
11236 2/27/2024 GO LIVE TECHNOLOGY INC PS/SOLAR APP PROJECT MGMT - DEC 2023
503230 56135 $270.00
CHECK TOTAL $270.00
11237 2/27/2024 GOTO COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - JAN 2024 100230 52200 $2,697.92 CHECK TOTAL $2,697.92
5.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11238 2/27/2024 GOVCONNECTION INC HP SERVER CAREPACKS 100230 52314 $21,236.00 CHECK TOTAL $21,236.00
11239 2/27/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (JAN2024) FY23-
24 100630 55505 $2,860.26
2/27/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (JAN2024) FY23-
24 100510 55505 $6,304.27
2/27/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (JAN2024) FY23-
24 100620 52320 $10,183.47
CHECK TOTAL $19,348.00
11240 2/27/2024 HIRSCH PIPE & SUPPLY INC BLDG MAINT (PARKS) FY23-24 100630 52320 $11.57 2/27/2024 HIRSCH PIPE & SUPPLY INC MAINT SUPPLIES (PARKS) FY23-24 100630 52320 $491.31 CHECK TOTAL $502.88
11241 2/27/2024 HOME DEPOT CREDIT SERVICES TRUCK TOOLS (LIC#1524113) FY23-24 502630 52312 $182.10 CHECK TOTAL $182.10
11242 2/27/2024 HUMANE SOCIETY OF POMONA
VALLEY INC
ANIMAL CONTROL SERVICES - JANUARY 100340 55404 $36,324.67 CHECK TOTAL $36,324.67
11243 2/27/2024 HWY2HEAVEN DBC MEMORIAL TILE ENGRAVING 100510 54900 $1,815.00 CHECK TOTAL $1,815.00
11244 2/27/2024 INLAND SOCAL MEDIA GROUP
LLC
MARCH 24 DBC ADVERTISEMENT 100510 52160 $750.00
CHECK TOTAL $750.00
11245 2/27/2024 INTEGRUS LLC RICOH COPIER CHARGES - 12/19/23- 01/18/24
100230 52100 $472.73
CHECK TOTAL $472.73
11246 2/27/2024 ITERIS INC CS - ON-CALL TS TIMING SUPPORT - THRU 1/31/24
207650 54410 $10,772.00
CHECK TOTAL $10,772.00
11247 2/27/2024 J & J'S SPORTS & TROPHIES PW STAFF UNIFORM FY23-24 100630 51200 $247.23 CHECK TOTAL $247.23
11248 2/27/2024 JACKSON'S AUTO SUPPLY/NAPA FLEET VEHICLES TOOLS EQUIP FY23-24 502630 52312 $128.83 2/27/2024 JACKSON'S AUTO SUPPLY/NAPA FLEET VEHICLES TOOLS EQUIP FY23-24 502655 52312 $128.84
5.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $257.67
11249 2/27/2024 JAVIER DJEU INSTRUCTOR PAYMENT - PICKLEBALL 100520 55320 $951.40 CHECK TOTAL $951.40
11250 2/27/2024 K7 ENTERPRISES PUBLIC SAFETY SEMINAR SIGNS 100240 52110 $341.56 CHECK TOTAL $341.56
11251 2/27/2024 KENS HARDWARE ROAD MAINTENANCE SUPPLIES FY23-24 100655 51250 $43.76 CHECK TOTAL $43.76
11252 2/27/2024 KIMBERLY DOWNEY ESMOND CONTRACT CLASS INSTRUCTOR - YOUTH DANCE
100520 55320 $444.00
CHECK TOTAL $444.00
11253 2/27/2024 KWIK COVERS SUPPLIES FOR CITY BIRTHDAY 100520 51200 $919.95 CHECK TOTAL $919.95
11254 2/27/2024 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - JAN 2024 100230 52314 $250.00 CHECK TOTAL $250.00
11255 2/27/2024 LIEBE SHERI-LYN CONTRACT CLASS INSTRUCTOR -DANCE 100520 55320 $864.00 CHECK TOTAL $864.00
11256 2/27/2024 LIZA G MONTIEL SENIOR DANCE DJ 2/8/24 100520 55310 $350.00 CHECK TOTAL $350.00
11257 2/27/2024 LOOMIS COURIER SVCS - JANUARY 2024 100210 54900 $718.24 2/27/2024 LOOMIS COURIER SVCS - JANUARY 2024 100510 54900 $718.24 CHECK TOTAL $1,436.48
11258 2/27/2024 LOS ANGELES COUNTY PUBLIC
WORKS
CS - INDUSTRIAL SERVICES - DEC 2023 100610 55550 $6,336.29 2/27/2024 LOS ANGELES COUNTY PUBLIC
WORKS
CS - INDUSTRIAL SERVICES - AUG 2023 100610 55550 $4,327.51 2/27/2024 LOS ANGELES COUNTY PUBLIC
WORKS
CS - INDUSTRIAL SERVICES - JAN 2024 100610 55550 $4,705.02 CHECK TOTAL $15,368.82
11259 2/27/2024 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2023-24 GEN LAW SERVICES 12-2023 100310 55400 $627,720.11 CHECK TOTAL $627,720.11
5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11260 2/27/2024 LOWE'S BUSINESS ACCOUNT MAINT OF GRNDS/BLDGS (JKTOOLS) FY23-24
100630 52320 $54.02
CHECK TOTAL $54.02
11261 2/27/2024 RICK RAYMOND MATTIE AV ASSISTANCE - COUNCIL MTG 1/16/2024
100240 54900 $150.00
2/27/2024 RICK RAYMOND MATTIE AV SUPPORT AND FILE CONVERSIONS 100240 54900 $1,170.00 CHECK TOTAL $1,320.00
11262 2/27/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD 38,39,&41)
241641 55524 $5,412.19
2/27/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41)
239639 55524 $13,200.67
2/27/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41)
238638 55524 $15,842.74
2/27/2024 MCE CORPORATION ROAD MAINTENANCE SERVICES (JAN2024) FY23-24201655 55530 $878.76 2/27/2024 MCE CORPORATION ROAD MAINTENANCE SERVICES (JAN2024) FY23-24100655 55530 $2,802.90 2/27/2024 MCE CORPORATION ROAD MAINTENANCE SERVICES (JAN2024) FY23-24100655 55528 $10,451.19 CHECK TOTAL $48,588.45
11263 2/27/2024 MCMASTER-CARR SUPPLY
COMPANY
OPS SUPPLIES (PARKS) FY23-24 100630 51200 $18.14
CHECK TOTAL $18.14
11264 2/27/2024 MNS ENGINEERS INC DESIGN OF DIAMOND BAR COMPLETE STREETS - JAN 2024
301610 56105 $51,403.25
CHECK TOTAL $51,403.25
11265 2/27/2024 MV CHENG & ASSOCIATES INC CONSULTANT SVCS - FINANCE DEPT JANUARY 2024
100210 54900 $669.38
CHECK TOTAL $669.38
11266 2/27/2024 NATIONAL TRENCH SAFETY INC ROAD MAINT (SLOPE FAILURE 02/06/24) FY23-24
100655 55512 $1,987.35
2/27/2024 NATIONAL TRENCH SAFETY INC RENTAL EQUIP GS SLOPE (KRAIL021624- 031424) FY23-24
100655 52300 $455.52
CHECK TOTAL $2,442.87
11267 2/27/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $349.00
5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/27/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $1,466.00
2/27/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $904.00
CHECK TOTAL $2,719.00
11268 2/27/2024 OFFICE OF THE STATE
CONTROLLER
ANNL STREET REPORT - FY 22/23 100210 54010 $3,500.00
CHECK TOTAL $3,500.00
11269 2/27/2024 ONE TIME PAY VENDOR BRIGHT MAGPIE FACILITY DEPOSIT REFUND 100 20202 $100.00 2/27/2024 ONE TIME PAY VENDOR BRIGHT MAGPIE FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $300.00
11270 2/27/2024 ONE TIME PAY VENDOR DIAMOND BAR FRIENDS
OF THE LIBRARY
FACILITY RENTAL REFUND 100 20202 $496.25
CHECK TOTAL $496.25
11271 2/27/2024 ONE TIME PAY VENDOR KAREN KINDER FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00
11272 2/27/2024 ONE TIME PAY VENDOR LORNA LEE RECREATION PROGRAM REFUND 100 20202 $115.00 CHECK TOTAL $115.00
11273 2/27/2024 ONE TIME PAY VENDOR DCW HOMES, LLC DEV DEPOSIT REFUND-22589 PACIFIC LN 100 22107 $12,254.35 CHECK TOTAL $12,254.35
11274 2/27/2024 ONE TIME PAY VENDOR DIAMOND BAR FRIENDS
OF THE LIBRARY
FACILITY RENTAL REFUND 100 20202 $2,493.96
CHECK TOTAL $2,493.96
11275 2/27/2024 ONE TIME PAY VENDOR TARA REYES REIMB - USED OIL PROGRAM 253180 51300 $32.83 CHECK TOTAL $32.83
11276 2/27/2024 PACIFIC PRODUCTS AND
SERVICES LLC
ROAD MAINT SIGNS FY23-24 100655 51250 $974.55
CHECK TOTAL $974.55
11277 2/27/2024 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINTENANCE (PARKSJAN) FY23-24100510 55505 $6,029.22 2/27/2024 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINTENANCE (PARKSJAN) FY23-24100630 55505 $23,278.51 CHECK TOTAL $29,307.73
5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11278 2/27/2024 PBLA ENGINEERING INC DESIGN SERVICES (DBC/CITYHALL) FY23- 24 301630 56104 $10,525.00
2/27/2024 PBLA ENGINEERING INC DESIGN SERVICES (DBC/CITYHALL) FY23- 24 301630 56104 $10,416.00
CHECK TOTAL $20,941.00
11279 2/27/2024 PROTECTION ONE INC ALARM MONITOR (CITYHALL022924- 032824) FY23-24
100620 52320 $41.74
CHECK TOTAL $41.74
11280 2/27/2024 PROTECTION ONE INC BURGLAR ALARM (SYCAMOREPARK 022824-052724) FY23-24
100630 52320 $221.68
CHECK TOTAL $221.68
11281 2/27/2024 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE
STORAGE UNITS
100520 52302 $798.00
2/27/2024 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE
STORAGE UNITS
100520 52302 $836.00
CHECK TOTAL $1,634.00
11282 2/27/2024 PUENTE HILLS FORD LLC FLEET VEHICLE MAINT (LIC#1315342) FY23-24
502620 52312 $93.99
2/27/2024 PUENTE HILLS FORD LLC FLEET VEHICLE MAINT (LIC#1479429) FY23-24
502430 52312 $944.94
2/27/2024 PUENTE HILLS FORD LLC FLEET VEHICLE MAINT (LIC#1363853) FY23-24
502630 52312 $1,368.66
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1524113) FY23-24 502630 52312 $160.42 2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1479428) FY23-24 502430 52312 $3,476.57 2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1532960) FY23-24 502620 52312 $791.61 2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1210108) FY23-24 502630 52312 $495.69 2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1442563) FY23-24 502630 52312 $137.02 2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1532940) FY23-24 502655 52312 $271.38 CHECK TOTAL $7,740.28
11283 2/27/2024 PYRO COMM SYSTEMS INC FIRE ALARM MONITORING (DBC 02/2024-04/2024) FY23-24
100510 52310 $135.00
CHECK TOTAL $135.00
11284 2/27/2024 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2024 206650 55610 $369.70 2/27/2024 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2024 206650 55620 $1,478.82
5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,848.52
11285 2/27/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $173.01 2/27/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $86.51 CHECK TOTAL $259.52
11286 2/27/2024 RICARDO MOJICA SENIOR DANCE PHOTO BOOTH 2/8/24 100520 55310 $390.00 CHECK TOTAL $390.00
11287 2/27/2024 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICESJANUARY 2024100420 55100 $43,081.54 CHECK TOTAL $43,081.54
11288 2/27/2024 ROSS CREATIONS DEPOSIT FOR CITY BIRTHDAY SOUND
SERVICES
100520 55300 $400.00
CHECK TOTAL $400.00
11289 2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124) FY23-24
502430 52330 $79.68
2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502620 52330 $363.11
2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502630 52330 $507.06
2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502655 52330 $567.87
CHECK TOTAL $1,517.72
11290 2/27/2024 SCMAF CONTRACT CLASS INSURANCE-Q1 100520 55320 $492.20 2/27/2024 SCMAF CONTRACT CLASS INSURANCE-Q2 100520 55320 $533.60 2/27/2024 SCMAF CONTRACT CLASS INSURANCE-Q3 100520 55320 $475.00 2/27/2024 SCMAF CONTRACT CLASSES INSURANCE-Q4 100520 55320 $457.50 2/27/2024 SCMAF SCMAF ANNUAL MEMBERSHIPS 100520 52400 $340.00 CHECK TOTAL $2,298.30
11291 2/27/2024 SESAC RIGHTS MANAGEMENT
INC
MUSIC LICENSING 100520 55300 $1,888.00
CHECK TOTAL $1,888.00
11292 2/27/2024 SIMPSON ADVERTISING INC DESIGN OF 2023 COMMUNITY SURVEY
RESULTS HANDOUT
100240 54900 $645.00
CHECK TOTAL $645.00
5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11293 2/27/2024 SO COAST AIR QUALITY MGT
DISTRICT
FACILITY LEASE FOR MARCH 2024 100130 52302 $2,688.58
CHECK TOTAL $2,688.58
11294 2/27/2024 SOCIAL ASSURANCE LLC SOCIAL MEDIA - MRKTG/ARCHIVING - 2024
100230 52314 $3,500.00
CHECK TOTAL $3,500.00
11295 2/27/2024 SPECTRUM BUSINESS CABLE TV - DBC - JAN 2024 100230 54030 $127.55 2/27/2024 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL - JAN 2024
100230 54030 $1,727.81
2/27/2024 SPECTRUM BUSINESS CABLE TV - DBC - JAN 2024 100230 54030 $127.15 2/27/2024 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK 100230 54030 $278.93 CHECK TOTAL $2,261.44
11296 2/27/2024 STAY GREEN INC LANDSCAPE MAINTENANCE (CITYHALL FEB2024) FY23-24
100620 52320 $1,172.00
CHECK TOTAL $1,172.00
11297 2/27/2024 THE COMDYN GROUP INC GIS SUPPORT - DEC. 2023 100230 54900 $1,826.89 2/27/2024 THE COMDYN GROUP INC GIS SUPPORT - JAN 2024 100230 54900 $4,805.35 CHECK TOTAL $6,632.24
11298 2/27/2024 THE GAS COMPANY CITYHALL (011124-020924) FY23-24 100620 52215 $804.85 2/27/2024 THE GAS COMPANY HERITAGE PARK (011224-021224) FY23- 24 100630 52215 $421.89
2/27/2024 THE GAS COMPANY DBC (011324-021324) FY23-24 100510 52215 $2,211.69 CHECK TOTAL $3,438.43
11299 2/27/2024 THE SAN GABRIEL VALLEY
NEWSPAPER GR
ORDINANCE PUBLISHING - NO. 01
(2024)
100140 52160 $423.44
2/27/2024 THE SAN GABRIEL VALLEY
NEWSPAPER GR
ORDINANCE PUBLISHING - NO. 02
(2024)
100140 52160 $423.44
CHECK TOTAL $846.88
11300 2/27/2024 THE SAUCE CREATIVE SERVICES
INC
FLYERS FOR BREAKFAST WITH THE BUNNY 100520 52110 $1,046.23 2/27/2024 THE SAUCE CREATIVE SERVICES
INC
FLYERS FOR CITY BIRTHDAY 100520 52110 $312.58
CHECK TOTAL $1,358.81
5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11301 2/27/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - 1/30/24 503230 56135 $1,600.00 2/27/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - FEB 2024 503230 56135 $2,400.00 CHECK TOTAL $4,000.00
11302 2/27/2024 ULINE INC RESIDENTIAL RECYCLING BINS 254180 56116 $49.25 CHECK TOTAL $49.25
11303 2/27/2024 UNITED RECORDS MANAGEMENT
INC
OFF-SITE BACK-UP TAPE STORAGE - JAN
2024
100230 55000 $594.00
CHECK TOTAL $594.00
11304 2/27/2024 VIDIFLO LLC AV SUPPORT OF CABLE CHANNEL 100240 54900 $460.00 CHECK TOTAL $460.00
11305 2/27/2024 WW GRAINGER INC RUBBER BOOTS(SIZE9) FY23-24 100630 51200 $84.06 2/27/2024 WW GRAINGER INC RUBBER BOOTS (SIXE14) FY23-24 100630 51200 $84.06 2/27/2024 WW GRAINGER INC PW STREETS SUPPLIES FY23-24 100655 51250 $37.78 2/27/2024 WW GRAINGER INC PW STREETS SUPPLIES FY23-24 100655 51250 $69.24 2/27/2024 WW GRAINGER INC RUBBER BOOTS (SIZE10) FY23-24 100655 51200 $84.06 CHECK TOTAL $359.20
11306 2/27/2024 WALNUT VALLEY UNIFIED
SCHOOL DISTRICT
YOUTH BASKETBALL GYM RENTAL 100520 52302 $2,116.60
2/27/2024 WALNUT VALLEY UNIFIED
SCHOOL DISTRICT
YOUTH BASKETBALL GYM RENTAL 100520 52302 $1,402.50
CHECK TOTAL $3,519.10
11307 2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (CITYHALLW 010124-013124) JAN FY23-24
100620 52220 $528.66
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D38W 010124-013124) JAN FY23-24
238638 52220 $4,589.35
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D38RW 010124-013124) JAN FY23-24
238638 52220 $572.05
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D39W 010124-013124) JAN FY23-24
239639 52220 $2,249.26
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D41W 010124-013124) JAN FY23-24
241641 52220 $1,399.54
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (DBCW 010124-013124) JAN FY23-24
100510 52220 $383.96
5.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (PARKSW 010124-013124) JAN FY23-24
100630 52220 $3,765.81
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (PARKSRW 010124-013124) JAN FY23-24
100630 52220 $115.87
CHECK TOTAL $13,604.50
11308 2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY23-24 100510 51210 $3,101.17 2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY23-24 100510 51210 $810.12 2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23- 24 100620 51200 $1,004.29
2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23- 24 100620 51200 $438.53
CHECK TOTAL $5,354.11
11309 2/27/2024 WEST COAST ARBORISTS INC TREE MAINTENANCE (011624-013124) FY23-24
100645 55522 $30,965.55
CHECK TOTAL $30,965.55
11310 2/27/2024 YUNEX LLC TS MAINT/REPAIR CLARY CONVERTERS AT 2 LOCATIONS
207650 55536 $2,375.00
2/27/2024 YUNEX LLC TS MAINT - FURNISH DECORATIVE BASE
PLATE COVERS
207650 55536 $5,800.00
2/27/2024 YUNEX LLC TS MAINT - GLDN
SPRINGS/PROSPECTORS - INSTALL DLC
207650 55536 $3,015.00
2/27/2024 YUNEX LLC TS MAINT - REPAIR CLARY INVERTERS - 3
LOCATIONS
207650 55536 $3,750.00
2/27/2024 YUNEX LLC TS MAINTENANCE - DEC 2023 207650 55536 $5,540.00 2/27/2024 YUNEX LLC TS MAINT/REPAIR - DBB/COLD SPRING - (HIT & RUN)
207650 55536 $5,637.65
2/27/2024 YUNEX LLC TS MAINT/REPAIR - INSPECTION
DBB/MTN LAUREL
207650 55536 $319.00
CHECK TOTAL $26,436.65
GRAND TOTAL $1,262,776.13
5.2.b
Packet Pg. 31
Agenda #: 5.3
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the January 2024 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy.
PREPARED BY:
REVIEWED BY:
5.3 Packet Pg. 32
Attachments:
1. 5.3.a Treasurer's Cash Report - Jan 2024
2. 5.3.b Treasurer's Certification & Portfolio Report - Jan 2024
5.3 Packet Pg. 33
CASH & INVESTMENT BALANCES
Cash Funds
General Account $2,067,106.04
Payroll Account $0.00
Change Fund - General Fund $600.00
Petty Cash Account $500.00
Cash With Fiscal Agent (US Bank 2021 Bonds) $1,526.14
Total Cash Funds $2,069,732.18
City & LAIF Invested Funds (Book Value):
Local Agency Investment Fund $2,079,076.35
City-Managed Fixed-Income Securities (0-5 year maturity) $71,594,169.86 Total Investment Funds (Book Value) $73,673,246.21
Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF) 3.71% (7 months) Fiscal YTD Interest Earnings (City Funds & LAIF) $1,517,232.17 (7 months) FY 2023-24 Budgeted Investment Earnings (City Funds & LAIF) $987,450.00 (12 months) Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $765,232.29 Historical rate of return as of 9/30/2023 (since 2016, 7.25 yrs) 1.51% OPEB Trust Fiscal Year-To-Date Unrealized Gain/(Loss) $31,795.84 (7 months) GRAND TOTAL - CASH & INVESTMENTS $76,508,210.68
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF JANUARY 31, 2024
5.3.a
Packet Pg. 34
INVESTMENTS BOOK VALUE
PERCENT OF
PORTFOLIO TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD $11,172,000.00 15.16% 1,393 1,026 4.098% Local Agency Investment Fund $2,079,076.35 2.82% 1 1 4.012% Corporate Notes $454,925.07 0.62% 1,638 1,237 5.000%
Federal Agency Coupon Securities $13,763,040.97 18.68% 1,117 639 4.011% Federal Agency Discount-Amortizing $3,173,329.80 4.31% 193 175 5.127% Treasury Coupon Securities $11,968,437.89 16.25% 1,116 485 2.664% Federal Agency Callable $8,999,031.98 12.21% 1,512 495 2.367% Certificates of Deposit-Banks $3,958,920.59 5.37% 1,523 582 2.146% Municipal Bonds $2,026,233.69 2.75% 1,565 955 3.678%
Money Market Fund $16,078,249.87 21.82% 1 1 5.260%
Total Investments and Averages $73,673,246.21 100.00% 929 487 3.822%
TOTAL INTEREST EARNED
I certify that this report accurately reflects all City pooled investments Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures.
$226,831.41 $1,517,232.17
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
January 31, 2024
MONTH ENDING FISCAL YEAR-TO-DATE
January 31, 2024 2023-2024
5.3.b
Packet Pg. 35
City of Diamond Bar
Portfolio Management
January 31, 2024
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Portfolio Summary
% of
Portfolio
Book
Value Investments
Market
Value
Par
Value
Days to
Term Maturity
YTM/C
Federal Credit Union CD 11,172,000.00 11,106,725.46 11,172,000.00 15.16 1,393 1,026 4.098 Local Agency Investment Funds 2,079,076.35 2,047,533.64 2,079,076.35 2.82 1 1 4.012 Corporate Notes 500,000.00 454,925.07 454,925.07 0.62 1,638 1,237 5.000 Federal Agency Coupon Securities 13,750,000.00 13,758,441.38 13,763,040.97 18.68 1,117 639 4.011 Federal Agency Disc. -Amortizing 3,250,000.00 3,173,329.80 3,173,329.80 4.31 193 175 5.127 Treasury Coupon Securities 12,000,000.00 11,765,933.04 11,968,437.89 16.25 1,116 485 2.664 Federal Agency Callable 9,000,000.00 8,636,023.00 8,999,031.98 12.21 1,512 495 2.367 Certificate of Deposit 3,959,000.00 3,816,644.83 3,958,920.59 5.37 1,523 582 2.146 Municipal Bonds 2,145,000.00 1,991,537.54 2,026,233.69 2.75 1,565 955 3.678 Money Market Fund 16,078,249.87 16,078,249.87 16,078,249.87 21.82 1 1 5.260 73,673,246.21 100.00%
Investments
73,933,326.22 72,829,343.63 929 487 3.822
Current Year
January 31
226,831.41
Fiscal Year To Date
1,517,232.17
Average Daily Balance
Effective Rate of Return
70,940,884.93 69,336,907.13
3.76% 3.71%
Total Earnings Month Ending
__________________________________________________ ____________________ Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 01/01/2024-01/31/2024
Run Date: 02/26/2024 - 11:27 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
02/26/2024
5.3.b
Packet Pg. 36
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
January 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Credit Union CD
03784JTK0 10443 Apple Bank For Savings 07/22/2022 248,000.00 248,000.00 248,000.00 3.200 731 172 3.200 07/22/2024 07181JAG9 10444 Baxter Credit Union 07/22/2022 248,000.00 248,000.00 248,000.00 3.150 731 172 3.150 07/22/2024 917352AA4 10454 Utah Community Fed Cr Union 07/27/2022 248,000.00 248,000.00 248,000.00 3.150 730 176 3.150 07/26/2024 00224TAL0 10528 A+ FEDERAL CU 01/27/2023 249,000.00 249,000.00 249,000.00 4.700 731 361 4.700 01/27/2025 02589ACS9 10419 American Express Bank 05/18/2022 246,000.00 244,052.66 246,000.00 3.100 1,097 473 3.100 05/19/2025 90352RCM5 10424 US ALLIANCE FED CREDIT UNION 05/31/2022 249,000.00 246,987.08 249,000.00 3.100 1,095 484 3.100 05/30/2025 130162BL3 10621 CALIFORNIA CREDIT UNION 12/28/2023 243,000.00 243,000.00 243,000.00 5.100 550 515 5.100 06/30/2025 795451BQ5 10461 Sallie Mae Bank 07/06/2022 248,000.00 248,000.00 248,000.00 3.400 1,097 522 3.400 07/07/2025 37424PAG9 10570 GESA CREDIT UNION 07/31/2023 248,000.00 248,000.00 248,000.00 5.500 731 546 5.500 07/31/2025 20825WBC3 10474 Connexus CU 08/26/2022 248,000.00 248,000.00 248,000.00 3.500 1,096 572 3.500 08/26/2025 90353EBC6 10550 USF FCU 03/15/2023 249,000.00 249,000.00 249,000.00 5.050 915 592 5.050 09/15/2025 914242AA0 10492 UNIVERSITY CREDIT UNION 09/26/2022 249,000.00 249,000.00 249,000.00 4.000 1,096 603 4.000 09/26/2025 16863LAE5 10502 CHIEF FINANCIAL FCU 10/12/2022 249,000.00 249,000.00 249,000.00 4.600 1,098 621 4.600 10/14/2025 92348DAA7 10500 VERIDIAN CU 10/24/2022 249,000.00 249,000.00 249,000.00 4.500 1,096 631 4.500 10/24/2025 20367GBD0 10440 Community Commerce Bank 07/27/2022 248,000.00 248,000.00 248,000.00 3.050 1,280 726 3.050 01/27/2026 530520AC9 10530 LIBERTY FIRST CU 01/27/2023 249,000.00 249,000.00 249,000.00 4.500 1,096 726 4.500 01/27/2026 19123RAA0 10529 COCA-COLA FCU 01/31/2023 249,000.00 249,000.00 249,000.00 4.600 1,098 732 4.600 02/02/2026 39573LAV0 10255 GREENSTATE CREDIT UNION 02/26/2021 248,000.00 224,875.74 248,000.00 0.650 1,826 756 0.650 02/26/2026 59524LAA4 10549 MID CAROLINA CU 03/13/2023 249,000.00 249,000.00 249,000.00 4.850 1,096 771 4.850 03/13/2026 87868YAL7 10551 TECHNOLOGY CU 03/23/2023 249,000.00 249,000.00 249,000.00 5.000 1,096 781 5.000 03/23/2026 722000AC0 10575 PIMA FEDERAL CREDIT 08/17/2023 248,000.00 248,000.00 248,000.00 5.300 1,096 928 5.300 08/17/2026 42228LAH4 10496 HEALTHCARE SYSTEMS FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.600 1,461 963 3.600 09/21/2026 91823MBE4 10499 VCC BANK 10/14/2022 249,000.00 249,000.00 249,000.00 4.250 1,461 986 4.250 10/14/2026 50625LBR3 10606 LAFAYETTE FCU 11/30/2023 248,000.00 248,000.00 248,000.00 5.250 1,096 1,033 5.250 11/30/2026 06251A3K4 10402 America's Credit Union 12/16/2021 248,000.00 227,139.23 248,000.00 1.350 1,826 1,049 1.350 12/16/2026 58404DUA7 10622 Medallion Bank 12/29/2023 248,000.00 248,000.00 248,000.00 4.500 1,096 1,062 4.500 12/29/2026 856285E98 10410 State Bank of India 01/31/2022 248,000.00 230,670.75 248,000.00 1.750 1,827 1,096 1.750 02/01/2027 89235MNT4 10442 Toyota Financial SGS Bank 07/22/2022 248,000.00 248,000.00 248,000.00 3.400 1,826 1,267 3.400 07/22/2027 14042THZ3 10453 Capital One Bank USA 07/27/2022 248,000.00 248,000.00 248,000.00 3.500 1,826 1,272 3.500 07/27/2027 55026MAE5 10487 LUMINATE BANK 09/15/2022 249,000.00 249,000.00 249,000.00 3.400 1,826 1,322 3.400 09/15/2027 052392BT3 10495 AUSTIN TELCO FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.800 1,826 1,328 3.800 09/21/2027 472207AE9 10491 JEANNE D'ARC CREDIT UNION 09/30/2022 249,000.00 249,000.00 249,000.00 3.800 1,826 1,337 3.800 09/30/2027 06543PDA0 10494 BANK OF THE VALLEY NE 09/30/2022 249,000.00 249,000.00 249,000.00 4.100 1,826 1,337 4.100 09/30/2027 42869GAB2 10639 Hickam 01/31/2024 249,000.00 249,000.00 249,000.00 4.150 1,461 1,460 4.150 01/31/2028 011852AE0 10547 Alaska USA FCU 03/08/2023 249,000.00 249,000.00 249,000.00 4.600 1,827 1,497 4.600 03/08/2028 89854LAD5 10564 TTCU FED CU 07/26/2023 248,000.00 248,000.00 248,000.00 5.000 1,827 1,637 5.000 07/26/2028 Portfolio POOL
AP
Run Date: 02/26/2024 - 11:27 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 37
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
January 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Credit Union CD
534574AC2 10571 LINCOLN PARK COMMUNITY BANK 08/28/2023 248,000.00 248,000.00 248,000.00 5.000 1,827 1,670 5.000 08/28/2028 72221MAA1 10578 PINAL COUNTY FED CU 09/08/2023 248,000.00 248,000.00 248,000.00 5.700 1,827 1,681 5.700 09/08/2028 291916AG9 10596 Empower FED Credit Union 10/23/2023 248,000.00 248,000.00 248,000.00 5.100 1,827 1,726 5.100 10/23/2028 91739JAD7 10589 UTAH FIRST CD 10/30/2023 248,000.00 248,000.00 248,000.00 5.100 1,827 1,733 5.100 10/30/2028 98138MCA6 10590 WORKERS FCU 10/30/2023 248,000.00 248,000.00 248,000.00 5.200 1,827 1,733 5.200 10/30/2028 89839KAD7 10604 TRUSTSTAR BANK 11/22/2023 248,000.00 248,000.00 248,000.00 4.750 1,827 1,756 4.750 11/22/2028 77357DAB4 10607 ROCKLAND FCU 11/30/2023 248,000.00 248,000.00 248,000.00 5.000 1,827 1,764 5.000 11/30/2028 949764JY1 10617 Wells Fargo 12/27/2023 248,000.00 248,000.00 248,000.00 4.100 1,827 1,791 4.100 12/27/2028 17783PAK7 10625 City Federal Credit Union 01/18/2024 249,000.00 249,000.00 249,000.00 4.000 1,827 1,813 4.000 01/18/2029 Subtotal and Average 10,786,451.61 11,172,000.00 11,106,725.46 11,172,000.00 1,393 1,026 4.098 Local Agency Investment Funds
LAIF 10028 Local Agency Investment Fund 2,079,076.35 2,047,533.64 2,079,076.35 4.012 1 1 4.012 Subtotal and Average 2,198,654.70 2,079,076.35 2,047,533.64 2,079,076.35 1 1 4.012 Corporate Notes
06048WR36 10515 Bank of America Corp. 12/27/2022 500,000.00 454,925.07 454,925.07 2.000 1,638 1,237 5.000 06/22/2027 Subtotal and Average 454,407.04 500,000.00 454,925.07 454,925.07 1,638 1,237 5.000 Federal Agency Coupon Securities
3130AV2E1 10534 Federal Home Loan Bank 02/22/2023 500,000.00 499,972.42 499,972.42 5.000 364 20 5.103 02/21/2024 3130ARHG9 10416 Federal Home Loan Bank 03/29/2022 2,000,000.00 1,974,200.00 1,999,681.02 2.125 701 27 2.344 02/28/2024 3133ENMZ0 10624 Federal Farm Credit Bank 12/21/2023 500,000.00 496,425.88 496,425.88 1.200 104 62 5.400 04/03/2024 3130ASDS5 10460 Federal Home Loan Bank 07/08/2022 1,000,000.00 998,623.17 998,623.17 2.750 721 148 3.099 06/28/2024 3130AT6G7 10483 Federal Home Loan Bank 09/22/2022 750,000.00 747,351.46 747,351.46 3.500 722 225 4.100 09/13/2024 3130ATVD6 10533 Federal Home Loan Bank 02/22/2023 750,000.00 749,191.54 749,191.54 4.875 569 225 5.058 09/13/2024 3133EPBH7 10543 Federal Farm Credit Bank 03/01/2023 500,000.00 499,058.03 499,058.03 4.750 723 386 4.939 02/21/2025 3133ENZG8 10458 Federal Farm Credit Bank 07/11/2022 500,000.00 501,303.34 501,303.34 3.375 1,075 505 3.176 06/20/2025 313373B68 10537 Federal Home Loan Bank 02/27/2023 500,000.00 497,607.63 497,607.63 4.375 1,110 771 4.619 03/13/2026 3130ASJ59 10447 Federal Home Loan Bank 07/18/2022 1,000,000.00 1,005,152.07 1,005,152.07 3.375 1,425 862 3.141 06/12/2026 3133EPQC2 10572 Federal Farm Credit Bank 08/02/2023 1,000,000.00 999,168.08 999,168.08 4.625 1,080 897 4.661 07/17/2026 45818WED4 10498 INTER-AMERICAN DEV. BANK 09/13/2022 500,000.00 491,550.46 491,550.46 2.980 1,731 1,225 3.902 06/10/2027 3130ASGU7 10432 Federal Home Loan Bank 06/16/2022 1,000,000.00 1,020,268.00 999,386.57 3.500 1,821 1,226 3.520 06/11/2027 3130AXMQ8 10588 Federal Home Loan Bank 10/30/2023 1,000,000.00 1,000,000.00 1,000,000.00 5.600 1,460 271 5.600 10/29/2027 3133EPCG8 10545 Federal Farm Credit Bank 03/01/2023 1,000,000.00 995,165.96 995,165.96 4.125 1,736 1,399 4.267 12/01/2027 3130AWMN7 10563 Federal Home Loan Bank 07/21/2023 500,000.00 503,870.94 503,870.94 4.375 1,785 1,590 4.177 06/09/2028 Portfolio POOL
AP
Run Date: 02/26/2024 - 11:27 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 38
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
January 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Agency Coupon Securities
17325FBB3 10631 CITIBANK 01/30/2024 750,000.00 779,532.40 779,532.40 5.803 1,704 1,702 4.847 09/29/2028 Subtotal and Average 13,032,366.88 13,750,000.00 13,758,441.38 13,763,040.97 1,117 639 4.011 Federal Agency Disc. -Amortizing
313384UE7 10610 Federal Home Loan Bank 12/11/2023 1,000,000.00 994,200.00 994,200.00 5.220 92 40 5.364 03/12/2024 313384A58 10626 Federal Home Loan Bank 01/29/2024 750,000.00 731,051.88 731,051.88 4.970 186 183 5.169 08/02/2024 313384J75 10627 Federal Home Loan Bank 01/29/2024 750,000.00 725,229.69 725,229.69 4.775 252 249 4.975 10/07/2024 313384N39 10628 Federal Home Loan Bank 01/29/2024 750,000.00 722,848.23 722,848.23 4.705 280 277 4.910 11/04/2024 Subtotal and Average 1,235,137.46 3,250,000.00 3,173,329.80 3,173,329.80 193 175 5.127 Treasury Coupon Securities
912828WJ5 10417 U.S. Treasury 04/25/2022 2,000,000.00 1,983,672.00 1,998,788.28 2.500 751 104 2.720 05/15/2024 9128286Z8 10435 U.S. Treasury 06/14/2022 1,000,000.00 976,875.00 994,195.53 1.750 747 150 3.222 06/30/2024 912828Y87 10434 U.S. Treasury 06/08/2022 1,000,000.00 975,742.00 995,310.51 1.750 784 181 2.730 07/31/2024 91282CED9 10415 U.S. Treasury 03/22/2022 3,000,000.00 2,903,439.00 2,982,613.64 1.750 1,089 408 2.290 03/15/2025 91282CEU1 10459 U.S. Treasury 07/08/2022 1,000,000.00 997,706.49 997,706.49 2.875 1,073 500 3.051 06/15/2025 9128285C0 10456 U.S. Treasury 07/11/2022 1,000,000.00 997,501.99 997,501.99 3.000 1,177 607 3.158 09/30/2025 9128285J5 10445 U.S. Treasury 07/18/2022 1,000,000.00 997,924.91 997,924.91 3.000 1,201 638 3.125 10/31/2025 91282CDQ1 10403 U.S. Treasury 01/04/2022 1,000,000.00 925,664.00 996,988.89 1.250 1,822 1,064 1.357 12/31/2026 91282CEW7 10436 U.S. Treasury 07/14/2022 1,000,000.00 1,007,407.65 1,007,407.65 3.250 1,812 1,245 3.014 06/30/2027 Subtotal and Average 11,966,522.31 12,000,000.00 11,765,933.04 11,968,437.89 1,116 485 2.664 Federal Agency Callable
3130ARYU9 10428 Federal Home Loan Bank 05/23/2022 1,000,000.00 994,442.00 1,000,000.00 3.000 641 22 3.000 02/23/2024 3134GXYM0 10433 Federal Home Loan Mtg Corp 06/28/2022 750,000.00 749,124.00 749,341.56 3.125 731 56 3.349 06/28/2024 3134GYE57 10527 Federal Home Loan Mtg Corp 01/26/2023 500,000.00 500,000.00 500,000.00 5.020 547 85 5.020 07/26/2024 3133EMVS8 10259 Federal Farm Credit Bank 04/14/2021 500,000.00 468,659.00 500,000.00 0.690 1,461 438 0.690 04/14/2025 3130AL7M0 10254 Federal Home Loan Bank 02/24/2021 500,000.00 460,993.50 499,690.42 0.625 1,826 23 0.676 02/24/2026 3133EMSH6 10258 Federal Farm Credit Bank 03/03/2021 500,000.00 463,515.50 500,000.00 0.790 1,826 761 0.790 03/03/2026 3133ENKG4 10397 Federal Farm Credit Bank 01/11/2022 1,000,000.00 933,642.00 1,000,000.00 1.470 1,826 1,075 1.470 01/11/2027 3133ENMA5 10405 Federal Farm Credit Bank 01/26/2022 1,500,000.00 1,417,582.50 1,500,000.00 1.840 1,826 1,090 1.840 01/26/2027 3130AQKJ1 10406 Federal Home Loan Bank 01/28/2022 1,500,000.00 1,398,064.50 1,500,000.00 1.700 1,826 87 1.700 01/28/2027 3133ENH52 10475 Federal Farm Credit Bank 08/23/2022 500,000.00 500,000.00 500,000.00 4.030 1,826 1,299 4.030 08/23/2027 3130AUDL5 10513 Federal Home Loan Bank 12/30/2022 750,000.00 750,000.00 750,000.00 4.550 1,826 333 4.550 12/30/2027 Subtotal and Average 8,998,963.28 9,000,000.00 8,636,023.00 8,999,031.98 1,512 495 2.367 Portfolio POOL
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Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
January 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Certificate of Deposit
246399AB5 10451 Deleware Police Fed Credit Uni 07/20/2022 246,000.00 245,920.59 245,920.59 3.000 618 57 3.210 03/29/2024 61760AZR3 10226 Morgan Stanley Bank 05/02/2019 246,000.00 243,893.01 246,000.00 2.750 1,827 91 2.753 05/02/2024 29278TKJ8 10230 EnerBank USA 08/07/2019 247,000.00 241,213.04 247,000.00 2.150 1,827 188 2.152 08/07/2024 75472RAE1 10233 Raymond James Bank NA 08/23/2019 247,000.00 240,310.01 247,000.00 2.000 1,827 204 2.002 08/23/2024 14042RRH6 10429 Capital One Bank 05/18/2022 248,000.00 246,036.83 248,000.00 3.100 1,097 473 3.100 05/19/2025 87165GR79 10430 Synchrony Bank 05/20/2022 248,000.00 246,033.11 248,000.00 3.100 1,096 474 3.100 05/20/2025 48128UDS5 10250 JP Morgan Chase 05/28/2020 248,000.00 231,727.23 248,000.00 1.000 1,826 117 1.001 05/28/2025 254673F68 10431 Discover Bank 06/01/2022 246,000.00 244,005.19 246,000.00 3.100 1,097 487 3.100 06/02/2025 59001PAS8 10457 Meritrust Fed CU 07/08/2022 248,000.00 248,000.00 248,000.00 3.350 1,096 523 3.350 07/08/2025 066519QK8 10256 BANK UNITED NA 03/05/2021 248,000.00 224,768.35 248,000.00 0.650 1,826 763 0.000 03/05/2026 70320KAX9 10257 Pathfinder Bank 03/11/2021 249,000.00 225,981.94 249,000.00 0.700 1,826 769 0.000 03/11/2026 70962LBH4 10414 Pentagon Federal Credit Union 03/22/2022 248,000.00 234,447.30 248,000.00 1.800 1,462 781 1.800 03/23/2026 38149MZJ5 10260 Goldman Sachs Bank 09/08/2021 248,000.00 225,703.81 248,000.00 1.050 1,826 950 1.051 09/08/2026 90348JS92 10261 UBS Bank USA 09/09/2021 248,000.00 224,604.42 248,000.00 0.950 1,826 951 0.000 09/09/2026 23288UAA5 10555 Cy Fair FCU 05/19/2023 249,000.00 249,000.00 249,000.00 4.350 1,461 1,203 4.355 05/19/2027 88413QDM7 10455 Third Fed Savings & Loan 07/27/2022 245,000.00 245,000.00 245,000.00 3.400 1,826 1,272 3.402 07/27/2027 Subtotal and Average 3,958,899.69 3,959,000.00 3,816,644.83 3,958,920.59 1,523 582 2.146 Municipal Bonds
13032UXL7 10252 CALIF STATE HLTH FACS AUTH 11/04/2020 200,000.00 189,923.60 200,000.00 0.752 1,305 121 0.752 06/01/2024 13077DMK5 10251 California St Univ Rev-Bond 09/17/2020 100,000.00 93,759.00 100,000.00 0.685 1,506 274 0.685 11/01/2024 13032UXM5 10253 CALIF STATE HLTH FACS AUTH 11/04/2020 250,000.00 231,621.25 250,000.00 0.952 1,670 486 0.952 06/01/2025 54438CYL0 10523 LOS ANGELES CA CMNTY CLG DIST 01/05/2023 365,000.00 335,693.00 335,693.00 1.174 1,304 912 4.700 08/01/2026 738850TA4 10522 POWAY UNIFIED SCHOOL DIST 01/04/2023 1,230,000.00 1,140,540.69 1,140,540.69 2.414 1,670 1,277 4.750 08/01/2027 Subtotal and Average 2,024,780.47 2,145,000.00 1,991,537.54 2,026,233.69 1,565 955 3.678 Wells Fargo Sweep Account
SWEEP 10036 Wells Fargo 07/01/2012 0.00 0.00 0.00 0.010 1 1 0.010 Subtotal and Average 0.00 0.00 0.00 0.00 0 0 0.000
Money Market Fund
857492888 10562 State Street Advisors 05/31/2023 16,078,249.87 16,078,249.87 16,078,249.87 5.260 1 1 5.260 52470G882 10561 Western Asset 05/25/2023 0.00 0.00 0.00 5.150 1 1 5.150 Subtotal and Average 16,284,701.48 16,078,249.87 16,078,249.87 16,078,249.87 1 1 5.260 Portfolio POOL
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Packet Pg. 40
Days to
Maturity
Par Value Book Value
Stated
Market Value Rate
January 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Total and Average 70,940,884.93 73,933,326.22 72,829,343.63 73,673,246.21 929 487 3.822 Portfolio POOL
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Packet Pg. 41
Days to
Maturity
Par Value Book Value
Stated
Market Value Rate
January 31, 2024
Portfolio Details - Cash
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
0.00 70,940,884.93 73,933,326.22 929 487 3.822
Average Balance 0 0
Total Cash and Investments 72,829,343.63 73,673,246.21
Portfolio POOL
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Stated
Rate
Transaction
Date
January 1, 2024 through January 31, 2024
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Federal Credit Union CD
17783PAK7 10625 City Federal Credit Union 4.000 01/18/2024 249,000.00 0.00 42869GAB2 10639 Hickam 4.150 01/31/2024 249,000.00 0.00 Subtotal 498,000.00 0.00 11,172,000.00
Local Agency Investment Funds (Monthly Summary)
LAIF 10028 Local Agency Investment Fund 4.012 26,642.82 400,000.00 Subtotal 26,642.82 400,000.00 2,079,076.35
Corporate Notes
Subtotal 454,925.07
Federal Agency Coupon Securities
17325FBB3 10631 CITIBANK 5.803 01/30/2024 779,550.00 0.00 Subtotal 779,550.00 0.00 13,763,040.97
Federal Agency Disc. -Amortizing
313384RG6 10580 Federal Home Loan Bank 5.300 01/02/2024 0.00 1,000,000.00 ** 313384A58 10626 Federal Home Loan Bank 4.970 01/29/2024 730,741.25 0.00 313384J75 10627 Federal Home Loan Bank 4.775 01/29/2024 724,931.25 0.00 313384N39 10628 Federal Home Loan Bank 4.705 01/29/2024 722,554.17 0.00 Subtotal 2,178,226.67 1,000,000.00 3,173,329.80
Treasury Coupon Securities
Subtotal 11,968,437.89
Federal Agency Callable
Subtotal 8,999,031.98
Certificate of Deposit
Subtotal 3,958,920.59
Municipal Bonds
Subtotal 2,026,233.69
Portfolio POOL
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** - Indicates incomplete recording of maturity redemption.
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 43
Stated
Rate
Transaction
Date
January 1, 2024 through January 31, 2024
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Wells Fargo Sweep Account
Subtotal 0.00
Money Market Fund
857492888 10562 State Street Advisors 5.260 6,256,466.93 3,000,000.00 Subtotal 6,256,466.93 3,000,000.00 16,078,249.87
Total 9,738,886.42 4,400,000.00 73,673,246.21
Portfolio POOL
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5.3.b
Packet Pg. 44
Agenda #: 5.4
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLP FOR AUDIT
SERVICES REQUIRED BY THE LOS ANGELES COUNTY SAFE,
CLEAN WATER PROGRAM FOR FISCAL YEARS 2020/21 THROUGH
2022/23.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Third Amendment to the Consultant Services Agreement with Lance, Soll & Lunghard, LLP for auditing services.
FINANCIAL IMPACT:
This Third Amendment would increase the total not-to-exceed compensation under the Agreement by $20,000 for a total not-to-exceed amount of $412,679. Sufficient funds have been included in the FY 2023/24 Measure W Fund (201) operating budget to cover the cost of such services.
BACKGROUND/ANALYSIS:
As required by the Municipal Transfer Agreement between the City of Diamond Bar and the Los Angeles County Flood Control District, the City is required every three years to engage the services of an outside, independent audit firm to perform an audit to determine the City’s compliance with the terms and conditions established by the Los Angeles County Flood Control District’s Safe, Clean Water Program, including utilization of annual program funds commonly referred to as “Measure W” funds.
Lance, Soll & Lunghard LLP (LSL) has provided audit services to the City under the current agreement since 2015. On May 19, 2020, the City Council approved the First Amendment extending the original term through completion of the financial reports for FY ending June 30, 2020. On April 6, 2021, the City Council approved the Second
5.4 Packet Pg. 45
Amendment extending the term through completion of the financial reports for FY ending June 30, 2025. Over the years, LSL has provided exceptional service to the City, and has worked well with the City Council, Audit Subcommittee and City staff. Based on this past performance, it is recommended that the City Council amend the existing contract with LSL to include the funding and additional scope of work (see Attachment 1 - Exhibit “A”) required to complete the compliance audit for the Safe, Clean Water Program.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a 3rd Amendment - LSL Compliance Audit for Safe, Clean Water Program
2. 5.4.b Exhibit A - Scope of Work for LSL Compliance Audit for Safe, Clean Water Program
5.4 Packet Pg. 46
1 THIRD AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
(Lance, Soll & Lunghard, LLP)
This Third Amendment to Consultant Services Agreement ("Third Amendment") is made and entered into as of March 5, 2024, by and between the City of Diamond Bar, a municipal corporation ( "City"), and Lance, Soll & Lunghard, LLP CPA's, a California limited liability company (herein referred to as the "Consultant") with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of April 7, 2015, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and Consultant entered into a First Amendment to the Original Agreement dated May 19, 2020, which is incorporated herein by this reference ("First Amendment). The City and Consultant entered into that certain Second Amendment dated as of April 6, 2021, which is incorporated herein by reference (“Second Amendment”) which First and Second Amendments and Original Agreement are collectively referred to herein as the "Agreement"; and C. The City and the Consultant desire to amend, modify, amend and supplement certain portions of the 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. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement and First Amendment, is hereby amended, modified and supplemented to include the additional services described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, as amended by the First Amendment and Second Amendment is the sum of three hundred ninety-two thousand six hundred and seventy-nine dollars ($392,679), which may not be exceeded without prior written authorization by the City. That amount is further amended and increased by this Third Amendment by twenty thousand dollars ($20,000) for a new not-to5.4.a Packet Pg. 47
2 exceed total compensation amount in the sum of four hundred twelve thousand six hundred and seventy-nine dollars ($412,679), which amount may not be exceeded without prior written authorization by the City.
4. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third 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 Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control.
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
"CONSULTANT"
Lance, Soll & Lunghard, LLP
CPA's
*By ___________________
Printed Name:
______________________
Title: _________________
*By:
Printed Name: ____________
Title:
"CITY"
CITY OF DIAMOND BAR
By:
Dan Fox, City Manager
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
5.4.a
Packet Pg. 48
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
5.4.a
Packet Pg. 49
March 17, 2023
City of Diamond Bar
Attn: Jason Jacobsen
[email protected]
21810 Copley Drive
Diamond Bar, CA 91765
Dear Mr. Jacobsen,
LANCE, SOLL & LUNGHARD, LLP (LSL) is pleased to present our scope of work proposal to provide audit services to the City of Diamond Bar, As a leader in the field of governmental accounting and auditing, we appreciate the opportunity to present our professional qualifications. Because of our extensive local government experience, previous experience with the City, dedication to excellence, and determination to retain the brightest talent, we hope you find that LSL is the most qualified accounting firm to provide these services to the City.
LSL is willing and ready to provide the following services at the request of the City of Diamond Bar:
Perform an independent audit to determine compliance with the terms and conditions of the Transfer Agreement between the City of Diamond Bar and the Los Angeles County Flood Control District, specific to the Safe, Clean Water Program, and all requirements applicable to the City contained in chapters 16 and 18 of the LACFD Code.
The audit will cover a three year period beginning with FY 20/21 through FY 22/23, and the report will be due to LACFD no later than 3/31/2024
Brandon Young, CPA, a partner with LSL would be responsible for overseeing the engagement.
Throughout the year and during the period of this engagement, we will be available on a daily basis for consultation on accounting and reporting matters related to new government accounting standards and other ongoing needs.
We will also periodically communicate new state and national developments affecting municipal finance and reporting, standards and trends including changes in federal/state grant program accounting, and other reporting requirements. These services will be provided at no additional charge.
The fee for our services will be $20,000 in total. LSL is committed to providing the services requested by the City as well as assigning the appropriate level necessary to complete the tasks to keep the costs of the services as reasonable as possible. Our proposal is a firm and irrevocable offer for a period of 90 days. For the purposes of this proposal, Brandon Young, Partner, is authorized to make representations for our firm. He can be reached at the address below, by phone at (916) 562-1579, or through email at [email protected]
Lance, Soll & Lunghard, LLP 203N.BreaBlvd.,Suite 203 Brea,CA92821 Phone: 714.672.0022
EXHIBIT - A
5.4.b
Packet Pg. 50
City of Diamond Bar
Very truly yours,
City:
________________________________________
Signature
__________
Date
5.4.b
Packet Pg. 51
Agenda #: 5.5
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CALIFORNIA NATURAL RESOURCES AGENCY GRANT FOR
HERITAGE PARK RENOVATION PROJECT AND CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION GRANT FOR MAPLE
HILL PARK PLAYGROUND/RESTROOM REPLACEMENT PROJECT.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2024-07, approving the acceptance of general fund grant funds for the Heritage Park Renovation Project, and authorizing the City Manager, or designee, to execute and submit all documents necessary to accept, administer and expend the grant funding; and,
B. Adopt Resolution No. 2024-08, approving the application for specified grant funds for the Maple Hill Park Playground/Restroom Replacement Project, and authorizing the City Manager, or designee, to execute and submit all documents necessary to accept, administer and expend the grant funding.
FINANCIAL IMPACT:
The City would be reimbursed up to $250,000 for the design of the Heritage Park Renovation Project and would need to enter into an agreement with the State of California Natural Resources Agency.
The City would be reimbursed up to $660,000 for the design and construction of the Maple Hill Park Playground/Restroom Replacement Project and would need to enter into an agreement with the State of California Department of Parks and Recreation.
BACKGROUND:
Heritage Park and Community Center Renovation Project
5.5 Packet Pg. 52
In July 2023, Assemblymember Lisa Calderon (D-56) announced she had secured a grant to support Americans with Disabilities Act (ADA) improvements for the Heritage Park and Community Center Renovation Project. As part of the Budget Act of 2023, the State of California, through the California Natural Resources Agency (CNRA), is providing the City of Diamond Bar with a $250,000 grant for this project. As a 3.4-acre park with a 3,900-square-foot Community Center and located in the southern portion of the City, Heritage Park's existing building, parking lot, playground, restrooms, and amenities are outdated and must be updated to comply with building code and ADA standards. The facility’s current condition limits the ability to provide the full benefits that it could offer Diamond Bar residents. Design work for the project has begun and is being provided by Black O'Dowd and Associates, Inc., with an anticipated completion date late this Fall.
Maple Hill Park Playground/Restroom Replacement Project Similarly, in August 2023, Senator Bob Archuleta (D-30) announced he had secured a grant for the Maple Hill Park Playground/Restroom Replacement Project. As part of the Budget Act of 2023, the State of California, through the California Department of Parks and Recreation, is providing the City of Diamond Bar with a $660,000 grant. Maple Hill Park, which includes approximately 3.5 acres of net usable area, was constructed by Los Angeles County before Diamond Bar's cityhood. Most of the park's amenities are outdated and must be updated to comply with building codes and ADA standards.
Design services for the project are currently being provided by PBLA Engineering, Inc and are nearing completion.
DISCUSSION:
California Natural Resources Agency Grant (Heritage Park) The grant funds are proposed to be used for the design of the Heritage Park Renovation Project, which is referred to as Project FP24502 in the City's Capital Improvement Program (CIP). The design will consist of a multi-phase approach towards the project, including, but not limited to, renovations of the community center, restrooms, exterior parking lots, existing playground, and the basketball court. The next step is for the City Council to adopt the attached Resolution (Attachment 1) authorizing the City Manager or designee to execute the agreement and associated application materials for $250,000 in grant funds from CNRA. A draft application and sample Agreement is included in Attachment 3.
California Department of Parks and Recreation Grant (Maple Hill Park) The grant funds are proposed to be used for the design and construction of the Maple Hill Park Playground/Restroom Replacement Project, recognized as project FP23506 in the City's CIP. The project includes the replacement of the existing playground and play surface, replacing the existing restroom building, and various ADA site improvements in and around the playground and restroom. The next step is for the City Council to adopt the attached Resolution (Attachment 2) authorizing the City Manager or designee to execute the agreement and associated application materials for $660,000 in grant funds
5.5 Packet Pg. 53
from the State of California Department of Parks and Recreation. A draft application and sample Agreement is included in Attachment 4.
NEXT STEPS:
Following adoption of the attached Resolutions, the City Manager will be able to submit the necessary documents to secure the grant funds and execute a grant agreement for each project. Additionally, it should be noted that staff will continue to seek additional funding opportunities for each project and bring forth future agenda items for the City Council's consideration associated with the design or construction of the projects above.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a Resolution No. 2024-07 CNRA Heritage Park Project
2. 5.5.b Resolution No. 2024-08 State Parks Maple Hill Project
3. 5.5.c Heritage Park Draft Application Form and Sample Agreement
4. 5.5.d Maple Hill Draft Application Form and Sample Agreement
5.5 Packet Pg. 54
RESOLUTION NO. 2024-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE ACCEPTANCE OF GENERAL FUND GRANT
FUNDS FOR THE HERITAGE PARK RENOVATION PROJECT.
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of a Project Information Package before submission of said package to the State; and WHEREAS, the Grantee will enter into an agreement with the State of California for the above project.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar as follows:
Section 1. The City Council hereby:
1. Approves the acceptance of a general fund allocation for local assistance for the above project(s); and
2. Certifies that said agency understands the assurances and certification in the Project Information Form; and
3. Certifies that said agency will have sufficient funds to develop/complete the planning or program project(s) or will secure the resources to do so; and
4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.
5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.
6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement shown in the Procedural Guide; and
5.5.a
Packet Pg. 55
Resolution No. 2024-07
2 7. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
Section 2. 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 5
th day of March 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, 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 5
th day of March 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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RESOLUTION NO. 2024-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2023, 19.561(B)(47) FOR PLAYGROUND, RESTROOM, AND SITE IMPROVEMENTS AT THE MAPLE HILL PARK.
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Diamond Bar, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar as follows:
Section 1. The City Council hereby:
1. Approves the filing of project application(s) for specified grant project(s); and
2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and
4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Section 2. 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.
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Resolution No. 2024-08
2 PASSED, APPROVED AND ADOPTED this 5
th day of March 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, 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 5
th day of March 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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PROJECT INFORMATION FORM
Project Name Estimated Date of Completion: Enter date
Heritage Park Renovation Project Grant Amount: $250,000.00 Estimated Total Project Cost: $7,500,000.00
(State grant, other funds, and in-kind)
Grantee Name (with mailing address) County Nearest City/Town City of Diamond Bar Check one: Los Angeles Walnut
21810 Copley Drive ☐ Nonprofit Project Address (or nearest cross street) Diamond Bar, CA 91765 ☒ Local Agency 2900 South Brea Canyon Road ☐ State Agency Diamond Bar, CA 91765
Senate Dist. Assembly Dist. US Congressional Dist.
29 & 30 56 38
Grantee’s Representative Authorized in Resolution (Signature required at bottom of this page) Name: Daniel Fox Title: City Manager
Phone: (909) 839 - 7011 Email: [email protected]
Project Manager – Person with day-to-day responsibility for project (if different from authorized representative) Name: Hal Ghafari Title:
Public Works Manager/Assistant City
Engineer
Phone: (909) 839 - 7044 Email: [email protected] Brief Description of Project Latitude Longitude
(Summarize major activities to be funded by this Grant) 33.97395 -117.84338 Heritage Park is a 3.4-acre park with a 3,900-square-foot Community Center built in 1993. However, the existing
fixtures, restrooms, and amenities are outdated and must be updated to meet Americans with Disabilities Act (ADA)
compliance. As such, the City has taken the initiative to design a renovation project with options to retrofit and refurbish existing amenities to address ADA compliance and promote maintenance efficiency, all without expanding the existing park footprint.
Site Control/Land Tenure (check the box that applies)
☒ Grantee owns the property
☐
Grantee leases the property – Term
End: Enter date
☐ Grantee owns an easement on the property.
☐ Grantee has an MOU with the property owner.
☐ Not applicable.
I certify that the information in this Project Information Form, including all attachments, is complete and accurate.
Signed: Enter date
Grantee’s Authorized Representative as shown in Resolution Date Daniel Fox City Manager Designee? ☐ Yes ☒ No
Print Name Title (If yes, attach letter of designation
from authorized representative.)
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SAMPLE PROGAM GRANT AGREEMENT
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME:
PROJECT TITLE:
AGREEMENT NUMBER:
AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023) PROGRAM: General Fund Specified Grant Projects
PROJECT DESCRIPTION
A detailed Project Scope and activities, Project schedule and Project Budget are described and attached hereto as Exhibit A.
Grant funds are to be used for costs in accordance with the provisions contained in the Procedural Guide for General Fund Specified Planning and Program Grant Projects and this Agreement.
TERMS AND CONDITIONS OF GRANT
General Provisions
A. Definitions
1. The term “Act” means the Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023.
2. The term “Agreement” means this Grant Agreement
3. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines.
4. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grants, FY 2023-2024, Planning & Program Projects.
5. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.
6. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.
7. The term "Grantee" means an entity who has a signed agreement for Grant Funds.
8. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.
9. The term “Payment Request Form” means Form RA212.
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10. The term "Project" means the activity described in the Application as modified by Exhibit A to be accomplished with Grant Funds.
11. The term “Project Budget” means the State approved cost estimate included as Exhibit A-1 to this Agreement.
12. The term “Project Scope” means the description or activity for work to be accomplished by the Project.
13. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.
14. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.
3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.
4. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project identified in Exhibit A, including but not limited to environmental laws, health and safety codes, and disabled access laws.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.
6. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval.
Any modification or alteration in the Project must also comply with all current laws and regulations, including, but not limited to, CEQA.
7. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.
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C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Approved direct costs attributed to the Project. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
e. Overhead costs are generally limited to a maximum of 15% of total direct costs.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.
This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the Project budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks, or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.
4. The State reserves the right to request reimbursement of any funds spent on the Project, even funds deemed eligible costs, if the Project is not completed in accordance with the Grant Agreement and the guidelines.
5. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the Grant Funds may not be
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increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents.
2. Grantee is encouraged to share photographs and other media demonstrating the benefits of the Grant with the State. Unless the Grantee states otherwise, the State will assume it is permissible to use photographs and other media (including photographs of children and other vulnerable populations) shared by Grantee with the State for publicity and education by the State. The Grantee shall consider issues of copyright, consent, and privacy before sharing media with the State.
3. Grantee shall use any income earned by the Grantee from the use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction.
4. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interestbearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final Project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.
5. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than March 1, 2027.
6. Final payment is contingent upon State verification that the Project is consistent with the Project scope as described in Exhibit A, together with any State-approved amendments.
7. This Agreement may be amended by mutual agreement in writing between the Grantee and the State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner, preferably no less than sixty (60) days before the effective date of the proposed amendment.
8. Grantee must report to the State all sources of other funds for the Project.
E. Project Termination
1. Prior to the completion of the Project, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the Grantee which affects performance of this, or any other grant agreement or contract entered into with the State.
2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement
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prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
3. If the Grantee fails to complete the Project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.
4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.
5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents, and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State and the Grantee because of the gross negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
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G. Insurance
1. Throughout the term of this Agreement, the Grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or contractors associated with the Project undertaken pursuant to this Agreement. As an alternative, with the written approval of the State, the Grantee may satisfy the coverage required by this section in whole or in part through: a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the Grantee’s participation in a “risk management” plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. The Grantee shall maintain property insurance, if required below, throughout the term of this Agreement. Any required errors or omissions liability insurance shall be maintained from the effective date through two calendar years after the completion date. The Grantee shall maintain all other required insurance from the effective date through the completion date.
2. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office (“ISO”) Commercial General Liability coverage occurrence basis (Form CG 00 01 or comparable).
b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (covering owned, hired and no-owned autos). If the Project will utilize multiple-passenger commercial vehicles, such as bus or van (i.e., common carrier vehicle(s)): coverage consistent with California Public Utilities Commission General Orders 101E, 115F and 160A and minimum limits below.
c. Workers Compensation and Employer’s Liability. Grantee shall maintain statutory worker’s compensation for all its employees who will be engaged in the performance of this Grant and employer’s liability coverage with limits of $1,000,000. If applicable, Grantee shall provide a Maritime Coverage Endorsement as well as any other endorsements required by federal and state law or regulations. By signing this Agreement, Grantee acknowledges compliance with these regulations. d. Watercraft Liability. If the Project will utilize any other watercraft, endorsement to Commercial General Liability policy or Protection and Indemnity Insurance. Such insurance shall cover liability arising out of the maintenance and use of any watercraft covering owned, hired, and non-owned vessels.
e. Vessel Damage or Destruction Insurance. Grantee shall maintain insurance to cover damage or destruction of watercraft or vessel(s) acquired under this Grant.
3. Minimum Limits of Insurance. The Grantee shall maintain coverage limits no less than:
a. General Liability (Including operations, products and completed operations, as applicable): $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this agreement or the general aggregate limit shall be twice the required occurrence limit.
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b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. If the Project will utilize multiple-passenger commercial transportation vehicles, such as bus or van (i.e., common carrier vehicle(s)): $5,000,000 per vehicle or such lower limits as are allowed by the applicable CPUC General Order.
c. Worker’s Compensation: As required by law with Employer’s Liability of no less than $1,000,000.
d. Watercraft Liability (for private vessel) Coverage, if required in 2.d., above. In the following amounts:
i. Vessels under 30 ft.: $1,000,000 combined single limit. ii. Vessels over 30 ft. or vessel involved in research: $2,000,000 combined single limit.
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the State.
5. Required Provisions Concerning the State.
a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by first class mail has been given to the State or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to the State. The Grantee shall notify the State within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the Grantee lapses or is cancelled, the Grantee shall provide the State with evidence of renewal or replacement of the policy.
b. The Grantee hereby grants to the State, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the Grantee may acquire against the State, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Grantee has received a waiver of subrogation endorsement from the insurer.
c. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions:
i. The State, its officers, agents, and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Grantee and with respect to liability arising out of work or operations, including completed operations performed by or on behalf of the Grantee, including materials, parts or equipment furnished in connection with such work or operations.
ii. For any claims related to this Agreement, the Grantee’s insurance coverage shall be primary insurance with respect to the State, its officers, agents, and employees, and not excess to any insurance or self-insurance of the State. iii. The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this Agreement.
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d. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
6. Acceptability of Insurers. Insurance shall be placed with insurers approved to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the State.
7. Verification of Coverage. Upon request, Grantee shall furnish the State with original certificates and amendatory endorsements, including the required loss payee and additional insured endorsements, effecting coverage required for adding the State as additional insureds. If common carrier vehicle or commercial or private vessel insurance is required, then in addition, the Grantee shall provide proof of compliance with the common carrier vehicle and/or vessel insurance requirements of this section and the applicable California Public Utilities Commission General Order. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.
8. Contractors. The Grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, Grantee shall also require each professional contractor to provide and maintain errors and omissions liability insurance appropriate to the contractor’s profession and in an amount no less than $1,000,000 is required in light of the nature of the Project.
9. Premiums and Assessments. The State is not responsible for premiums and assessments on any insurance policy.
H. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.
I. Nondiscrimination
1. During the performance of this Grant, Grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and
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harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this Grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. The completed Project shall be available to members of the public generally.
J. Drug-Free Workplace
The Grantee’s signature on this Agreement constitutes the certification required by Government Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees provide a drug-free workplace by doing all of the following:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition.
2. Establishing a drug-free awareness program to inform employees about all of the following a. The dangers of drug abuse in the workplace.
b. The person’s or organization’s policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations.
3. Requiring that each employee engaged in the performance of the Grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the Grant, the employee agrees to abide by the terms of the statement.
K. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.
L. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
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M. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.
N Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.
O. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:
1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.
P. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the Grant Funds were granted.
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State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Capital Outlay Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
(Use latitude and longitude if there is no street address) LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement
NEAREST CROSS STREET(S)
COUNTY OF PROJECT LOCATION
APPLICANT NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name
Title
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The following section contains a sample CONTRACT and CONTRACT provisions.
State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 CONTRACT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.
Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated into the Contract.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________
GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
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I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee] (hereinafter referred to as “grantee”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2023- 2024 California State Budget, AB 102, Chapter 38, Statutes of 2023] (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 2023 to June 30, 2027.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.
6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.
7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.
8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
9. The term “PROCEDURAL GUIDE” means the document identified as the “2023-243 Procedural Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
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B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are ADVANCED for projects, the ADVANCED funds will be deposited into a federally insured account that provides the ability to track interest earned and withdrawals.
Interest earned on the ADVANCED funds shall be used on the project as approved by the STATE. If grant monies are ADVANCED and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.
2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the
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GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation, or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of this CONTRACT.
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G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.
4. The GRANTEE shall use a generally accepted accounting system.
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I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this contract only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this contract and only with the prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration and in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
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K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.
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III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. _____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
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