City Council Agenda
Tuesday, June 18, 2024
Closed Session 5:30 PM
Regular Meeting 6:30 PM
South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765
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JUNE 18, 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.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 18, 2024
CLOSED SESSION 5:30 p.m., CC-8 Conference Room, In
Person ONLY – no teleconference
Public Comments
CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Per Govt. Code 54956.8
Property: 22601 Sunset Crossing Road,
Diamond Bar
City negotiator: City Manager Dan Fox,
Assistant City Manager Ryan McLean,
Parks and Recreation Director Ryan Wright
Negotiating parties: Devang Mehta,
Diamond Bar Little League, Inc., dba
Diamond Bar PONY Baseball (DBPB)
Under negotiation: To obtain direction
regarding the price/terms of payment for
the acquisition of the property.
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
JUNE 18, 2024 PAGE 2
INVOCATION:
ROLL CALL: Chou, Low, Tye, Mayor Pro Tem Teng,
Mayor Liu
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Carol Dennis.
1.2 San Gabriel Valley Regional Chamber of Commerce Annual Report.
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 maximum time limit when addressing the City Council.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Concerts in the Park/Movies Under the Stars – Continues each Wednesday through July 31, 2024, 6:30 – 9:30 p.m., Summitridge Park, 1425 Summitridge Dr.
4.2 Free Catalytic Converter Etching – June 19, 2024, 9:00 – 11:00 a.m., Calvary Chapel Golden Springs, 22324 Golden Springs Dr.
4.3 Planning Commission Meeting – June 25, 2024 – cancelled.
4.4 Coffee with a Cop – June 29, 2024, 8:00 – 10:00 a.m., The Coffee Bean & Tea Leaf, 235 S. Diamond Bar Blvd., Ste A.
4.5 City Council Meeting – July 2, 2024 – Cancelled in observance of Independence Day Holiday.
4.6 City Council Meeting – July 16, 2024, 6:30 p.m., online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr.
JUNE 18, 2024 PAGE 3
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 JUNE 4, 2024 REGULAR MEETING.
5.1.a June 4, 2024 City Council Regular Meeting Minutes Recommended Action:
Approve the June 4, 2024 Regular City Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED MAY 29, 2024
THROUGH JUNE 11, 2024 TOTALING $996,059.58.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 TREASURER'S STATEMENT
Recommended Action:
Approve the May 2024 Treasurer’s Statement.
Requested by: Finance Department
5.4 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA)
BY AND BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY
OF DIAMOND BAR FOR A FIVE-YEAR TERM THROUGH JUNE 30,
2029.
Recommended Action:
A. Approve, and authorize the Mayor to sign, the five-year Municipal Law Enforcement Services Agreement (MLESA) by and between County of Los Angeles and City of Diamond Bar; and
B. Authorize the City Manager to sign the annual 575 based on the Council-approved appropriations in the adopted operating budget.
Requested by: City Manager
JUNE 18, 2024 PAGE 4
5.5 CONSULTING SERVICES AGREEMENT WITH REGIONAL CHAMBER
OF COMMERCE SAN GABRIEL VALLEY FOR BUSINESS
DEVELOPMENT AND ENGAGEMENT SERVICES THROUGH JUNE 30,
2025.
Recommended Action:
Approve and authorize the City Manager to sign the Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley.
Requested by: City Manager
5.6 EIGHTH AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH OPCO TRANSIT, INC. FOR SENIOR AND
DISABLED TRANSPORTATION SERVICES THROUGH JUNE 30, 2025.
Recommended Action:
A. Approve, and authorize the City Manager to sign, the Eighth Amendment to the Consultant Services Agreement with OpCo Transit, Inc. for senior transportation services through June 30, 2025; and B. Approve updates to the Diamond Ride Program Rules.
Requested by: City Manager
5.7 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH WOODS MAINTENANCE SERVICES, INC. (DBA GRAFFITI
CONTROL SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT
SERVICES THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with Woods Maintenance Services, Inc., to provide graffiti abatement services through June 30, 2025.
Requested by: Community Development Department
5.8 SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR
LANDSCAPE PLAN CHECKING AND INSPECTION SERVICES
THROUGH JUNE 30, 2025.
Recommended Action:
Approve and authorize the City Manager to sign the Second Amendment to the Consulting Services Agreement with David Evans and Associates, Inc., granting the second of two optional one-year extensions to June 30, 2025.
JUNE 18, 2024 PAGE 5
Requested by: Community Development Department
5.9 PRINTING AND MAILING SERVICES FOR THE CITY NEWSLETTER AND RECREATION GUIDE WITH DIRECT CONNECTION.
Recommended Action:
Approve and authorize the City Manager to issue a Purchase Order to Direct Connection for printing and mailing services in the not-to-exceed amount of $78,820 for FY 2024/25.
Requested by: City Manager
5.10 CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC. FOR FISCAL YEAR 2024/25.
Recommended Action:
Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC, for Federal advocacy services through June 30, 2025.
Requested by: Public Works Department
5.11 MAINTENANCE SERVICES AGREEMENT WITH MCE CORPORATION
FOR STREET MAINTENANCE AND VEGETATION CONTROL
SERVICES THROUGH JUNE 30, 2027.
Recommended Action:
Approve, and authorize the City Manager to sign, the Street Maintenance and Vegetation Control Services Agreement with MCE Corporation for an initial three year term through June 30, 2027.
Requested by: Public Works Department
5.12 AUTHORIZATION TO SUBMIT A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FY 2024/25.
Recommended Action:
Adopt Resolution No. 2024-22 authorizing the submission of FY 2024/25 list of road projects funded by the SB-1: The Road Repair and Accountability Act of 2017.
Requested by: Public Works Department
5.13 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39-2022 AND 41-2021 FOR FISCAL YEAR 2024/25.
Recommended Action:
JUNE 18, 2024 PAGE 6
A. Adopt Resolution No. 2024-23 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting;
B. Adopt Resolution No. 2024-24 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 39-2022 and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting; and
C. Adopt Resolution No. 2024-25 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 41-2021 and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting.
Requested by: Public Works Department
5.14 FIRST AMENDMENTS TO CONSULTANT SERVICES AGREEMENTS CONTRACT WITH ITERIS, INC., FEHR & PEERS AND KIMLEY HORN
FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING
SERVICES THROUGH JUNE 30, 2026.
Recommended Action:
Approve and authorize the City Manager to sign the First Amendments to Consultant Services Agreements with Iteris, Inc., Fehr & Peers, and Kimley Horn.
Requested by: Public Works Department
5.15 FIFTH AMENDMENT TO SERVICES AGREEMENT WITH TRANE U.S INC. FOR MECHANICAL AND BUILDING AUTOMATION SYSTEM
PREVENTATIVE MAINTENANCE AND REPAIR SERVICES THROUGH
JUNE 30, 2025.
Recommended Action:
Approve, and authorize the City Manager to sign, the Fifth Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane through June 30, 2025.
Requested by: Public Works Department
5.16 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH MCE CORP. FOR LANDSCAPE SERVICES THROUGH JUNE 30,
2025.
Recommended Action:
Approve, and authorize the City Manager to sign, Second Amendment to the Maintenance Services Agreement with MCE Corporation through June JUNE 18, 2024 PAGE 7
30, 2025.
Requested by: Public Works Department
5.17 THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE SERVICES THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the City Manager to sign, the Third Amendment to the Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc. through June 30, 2025.
Requested by: Public Works Department
5.18 SECOND AMENDMENT TO ROAD MAINTENANCE SERVICES
AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR
MAINTENANCE SERVICES THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the City Manager to sign, the Second Amendment to the Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. through June 30, 2025.
Requested by: Public Works Department
5.19 CONTINUED PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES.
Recommended Action:
Adopt Resolution No. 2024-26 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2024/25.
Requested by: Public Works Department
5.20 SEVENTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH EXTERIOR PRODUCTS CORPORATION FOR EXTERIOR
DECOR & LIGHTING MAINTENANCE THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the City Manager to sign, the Seventh Amendment to the Maintenance Services Agreement with Exterior Products Corporation through June 30, 2025.
Requested by: Public Works Department
JUNE 18, 2024 PAGE 8
5.21 MAINTENANCE SERVICES AGREEMENT WITH ULTIMATE
MAINTENANCE SERVICES, INC. FOR JANITORIAL SERVICES
THROUGH JUNE 30, 2029, WITH THE OPTION TO EXTEND FOR
THREE ADDITIONAL ONE-YEAR TERMS.
Recommended Action:
Approve and authorize the City Manager to sign the Maintenance Services Agreement with Ultimate Maintenance Services, Inc. for Janitorial services at City facilities.
Requested by: Public Works Department
5.22 MAINTENANCE SERVICES AGREEMENT WITH WEST COAST
ARBORISTS, INC. TO PROVIDE TREE CARE AND MAINTENANCE
SERVICES THROUGH JUNE 30, 2029.
Recommended Action:
A. Adopt Resolution No. 2024-27 approving cooperative purchasing for the Maintenance Services Agreement with West Coast Arborists, Inc. for Tree Care and Maintenance Services; and
B. Approve, and authorize the City Manager to sign, the Maintenance Services Agreement with West Coast Arborists, Inc. for Tree Care and Maintenance Services in the annual not-to-exceed amount of $443,300.
Requested by: City Attorney
5.23 PURCHASE OF NEW SITE FURNISHINGS FROM OUTDOOR
CREATIONS INC. FOR SYCAMORE CANYON PARK.
Recommended Action:
Approve, and authorize the City Manager to sign, the Purchase Order with Outdoor Creations Inc. for the purchase of new site furnishings at Sycamore Canyon Park in the not-to-exceed amount of $98,632.13.
Requested by: Public Works Department
6. PUBLIC HEARINGS:
6.1 DEVELOPMENT CODE AMENDMENT TO IMPLEMENT HOUSING
PROGRAMS CONTAINED IN THE CERTIFIED 2021-2029 HOUSING
ELEMENT AND TO CONFORM WITH STATE LAW (PL 2022-59).
Recommended Action:
A. Determine that the proposed Development Code Amendment is categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”); and
JUNE 18, 2024 PAGE 9
B. Introduce first reading by title only, waive full reading of the Ordinance, open the Public Hearing to receive public testimony, schedule the second reading and adoption at the next regularly scheduled City Council meeting:
“Ordinance No. 03 (2024): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING VARIOUS PROVISIONS OF TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO
IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S
CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO
CHANGES IN NEW STATE HOUSING LAWS AND CITY
POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS
AND CLARIFICATIONS.”
Requested by: Community Development Department
7. COUNCIL CONSIDERATION: NONE.
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JUNE 4, 2024 REGULAR MEETING.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 4, 2024 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
5.1 Packet Pg. 12
Attachments:
1. 5.1.a June 4, 2024 City Council Regular Meeting Minutes
5.1 Packet Pg. 13
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
JUNE 4, 2024
CLOSED SESSION: 5:30 p.m. – Room CC-8
Public Comments: None Offered.
Conference with Legal Counsel –
Anticipated Litigation
Initiation of Litigation Pursuant to Government Code
Section 54956.9(d) (4) - One potential Case
Adjourned to Regular Meeting: 6:30 p.m.
CALL TO ORDER: Mayor Liu called the Regular City Council meeting to order at 6:35 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Council Member Chou led the Pledge of Allegiance.
INVOCATION: Jim Wes, Evangelical Free Church, 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; Amy Haug, Human Resources and Risk Manager; Greg Gubman, Community Development Director; Jason Jacobsen, Finance Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Ehren Magante, Network Administrator; Cecilia Arellano, Senior Community Relations Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk
Others present: Daniel Dail, Lieutenant, Diamond Bar/Walnut Sheriff’s Station; Leticia Pacillas, LACFD Community Services Liaison (online).
Mayor Liu announced that the Council met in Closed Session prior to the Council Meeting and City Attorney Sandoval confirmed that there was no reportable action out of closed session.
APPROVAL OF AGENDA: Mayor Liu approved the agenda as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE
5.1.a
Packet Pg. 14
JUNE 4, 2024 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
The following provided public comments:
Marriyan Hill, Diamond Bar Woman’s Club
Cynthia Yu, Diamond Bar Library Manager
CC/Santana reported that no emails were submitted and that no online callers requested to speak under Public Comments.
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 MARCH 26, 2024 JOINT CITY COUNCIL & PLANNING
COMMISSION STUDY SESSION
5.1.2 MAY 21, 2024 STUDY SESSION
5.1.3 MAY 21, 2024 REGULAR MEETING
5.2 RATIFIED CHECK REGISTER DATED MAY 15, 2024 THROUGH MAY 28 2024 TOTALING $690,908.60.
5.3 ADJOURNED THE JUNE 18, 2024 CITY COUNCIL MEETING TO JULY 16, 2024.
5.4 CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION
AND CONSOLIDATING THE GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION ON NOVEMBER 5, 2024; AND,
ADOPTING REGULATIONS RELATED TO CANDIDATE STATEMENTS
AS FOLLOWS:
A. ADOPTED RESOLUTION NO. 2024-15 CALLING THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024 FOR THE ELECTION OF TWO (2) MEMBERS OF THE CITY
COUNCIL;
5.1.a
Packet Pg. 15
JUNE 4, 2024 PAGE 3 CITY COUNCIL
B. ADOPTED RESOLUTION NO. 2024-16 REQUESTING APPROVAL
FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE THE GENERAL JUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND,
C. ADOPTED RESOLUTION NO. 2024-17 ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE RELATED TO
CNADIDATE STATEMENTS.
5.5 APPROVED AND AUTHORIZED THE CITY MANAGER TO EXECUTE
THE WIRELESS SITE LICENSE AGREEMENT AND ASSOCIATED
DOCUMENTS REQUIRED FOR THE OPERATION OF THE DISH
WIRELESS CELLULAR SITE AT PETERSON PARK THROUGH JUNE
2044.
5.6 APPROVED AND AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
FOR THE GROUNDWATER DRAINAGE IMPROVEMENTS AT COPLEY
DRIVE AND AT MOONLAKE STREET (PROJECT NO. PW23401).
5.7 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
WITH TORTI GALLAS + PARTNERS TO DEVELOP CITYWIDE
OBJECTIVE DESIGN STANDARDS.
6. PUBLIC HEARINGS: NONE
7. COUNCIL CONSIDERATION:
7.1 ADOPTION OF THE FISCAL YEAR 2024/2025 CITY OPERATING
BUDGET AND CAPITAL IMPROVEMENT PROGRAM, INCLUDING
ESTABLISHMENT OF THE APPROPRIATIONS LIMIT, EMPLOYEE
COMPENSATION PLAN AND INVESTMENT POLICY.
A. ADOPT RESOLUTION NO. 2024-18 APPROVING THE FY 2024/25
CITY OPERATING BUDGET AND CAPITAL IMPROVEMENT
PROGRAM;
B. ADOPT RESOLUTION NO. 2024-19 ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FY 2024/25 IN THE AMOUNT OF
$61,282,567;
C. ADOPT RESOLUTION NO. 2024-20 ESTABLISHING THE
COMPENSATION PLAN, SALARYRANGES AND FRINGE BENEFITS
FOR ALL EMPLOYEE CLASSIFICATIONS; AND,
D. ADOPT RESOLUTION NO. 2024-21 APPROVING THE FY 2024/25
5.1.a
Packet Pg. 16
JUNE 4, 2024 PAGE 4 CITY COUNCIL
INVESTMENT POLICY.
FD/Jacobson presented the staff report and responded to Council Member questions and comments.
No public comments were offered.
C/Chou Moved, C/Low seconded, to adopt the Fiscal Year 2024/2025 City Operating Budget and Capital Improvement Program Resolution No. 2024-18, establishment of the Appropriations Limit Resolution No. 2024- 19, Employee Compensation Plan Resolution No. 2024-20 and Investment Policy Resolution No. 2024-21. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng,
M/Liu
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
There were no Council Member reports on meetings attended at the expense of the local agency per Government Code 53232.3(d).
ADJOURNMENT: With no further business to conduct, M/Liu adjourned the Regular City Council Meeting at 7:15 p.m.
Respectfully Submitted,
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 18th day of June, 2024. __________________________
Stan Liu, Mayor
5.1.a
Packet Pg. 17
Agenda #: 5.2
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED MAY 29, 2024 THROUGH JUNE 11, 2024 TOTALING $996,059.58.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $996,059.58.
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 May 29, 2024 through June 11, 2024 totaling $996,059.58 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. 18
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 6-18-2024
2. 5.2.b Check Register 6-18-2024
5.2 Packet Pg. 19
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 May 29, 2024 through June 11, 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. 20
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12105 5/29/2024 SOUTHERN CALIFORNIA EDISON PARKS (032724-042524) FY23-24 100630 52210 $3,674.74 CHECK TOTAL $3,674.74
12106 6/4/2024 AARP INSTRUCTOR PAYMENT - AARP MATURE
DRIVING COURSE
100520 55310 $230.00
CHECK TOTAL $230.00
12107 6/4/2024 ALLIANT INSURANCE SERVICES
INC
INSURANCE FOR CONCERTS IN THE
PARK
100520 55300 $1,186.00
CHECK TOTAL $1,186.00
12108 6/4/2024 AMERICOMP TONER & REPAIR
LLC
PRINTER MAINTENANCE/TONER 100230 55000 $0.00
6/4/2024 AMERICOMP TONER & REPAIR
LLC
PRINTER MAINTENANCE/TONER 100230 51200 $2,106.69
6/4/2024 AMERICOMP TONER & REPAIR
LLC
PRINTER MAINTENANCE/TONER 100230 55000 $0.00
6/4/2024 AMERICOMP TONER & REPAIR
LLC
PRINTER MAINTENANCE/TONER 100230 51200 $131.35
6/4/2024 AMERICOMP TONER & REPAIR
LLC
PRINTER MAINTENANCE/TONER 100230 55000 $0.00
6/4/2024 AMERICOMP TONER & REPAIR
LLC
PRINTER MAINTENANCE/TONER 100230 51200 $120.40
CHECK TOTAL $2,358.44
12109 6/4/2024 BRIAN MARTINEZ PHOTO SERVICES 100240 54900 $450.00 CHECK TOTAL $450.00
12110 6/4/2024 CANNON CORPORATION PLAN CHECK - 2500 CROW FOOT LANE 100 22109 $48.50 6/4/2024 CANNON CORPORATION PLAN CHECK - 2176 ROCKY VIEW RD 100 22109 $48.50 CHECK TOTAL $97.00
12111 6/4/2024 CRAFCO INC ROAD MAINTENANCE SUPPLIES
(SYCAMORE CYN PARK)
100655 51250 $1,886.20
CHECK TOTAL $1,886.20
12112 6/4/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR - APRIL 2024
100120 54024 $2,677.66
6/4/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR- 24311 KNOLL-APRIL 2024
100120 54024 $4,332.00
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 CHECK TOTAL $7,009.66
12113 6/4/2024 DAVID EVANS AND ASSOCIATES
INC
CIP FP23506 (DESIGN) MAPLE HILL
PARK- LANDSCAPE PC
301630 56104 $283.50
CHECK TOTAL $283.50
12114 6/4/2024 CAROL A DENNIS MINUTES TRANSCRIPTION FOR COUNCIL
MEETINGS
100140 54900 $300.00
CHECK TOTAL $300.00
12115 6/4/2024 DIAMOND BAR STORAGE
OWNER LLC
OFF SITE STORAGE -JUNE 2024 100420 52302 $800.00
CHECK TOTAL $800.00
12116 6/4/2024 DUNN EDWARDS CORPORATION PAINT SUPPLIES (DBC) FY23-24 100510 52320 $60.39 CHECK TOTAL $60.39
12117 6/4/2024 FUN EXPRESS LLC SUPPLIES FOR BREAKFAST WITH THE BUNNY
100520 51200 $1,169.41
CHECK TOTAL $1,169.41
12118 6/4/2024 GIGAKOM NEW TV MONITORS FOR CITY HALL 503230 56130 $11,577.94 CHECK TOTAL $11,577.94
12119 6/4/2024 GO LIVE TECHNOLOGY INC ELM PROJECT MANAGEMENT - JUNE 2024
503230 56135 $5,312.50
CHECK TOTAL $5,312.50
12120 6/4/2024 GOTO COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - JUNE 2024 100230 52200 $3,002.33 CHECK TOTAL $3,002.33
12121 6/4/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (MAY2024) 100630 55505 $2,860.26
6/4/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (MAY2024) 100510 55505 $6,304.27
6/4/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (MAY2024) 100620 52320 $10,183.47
CHECK TOTAL $19,348.00
12122 6/4/2024 HARKINS INVESTMENTS LLC DAY CAMP EXCURSION 100520 53520 $703.00 CHECK TOTAL $703.00
12123 6/4/2024 HODGMAN ENTERPRISES PRINTING AND MAILING OF SUMMER
REC GUIDE
100240 52110 $10,177.79
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 6/4/2024 HODGMAN ENTERPRISES PRINTING AND MAILING OF JUNE
NEWSLETTER
100240 52110 $2,428.29
CHECK TOTAL $12,606.08
12124 6/4/2024 IMPROV 2 IMPROVEMENT DAY CAMP STAFF TRAINING 100520 55315 $67.78 6/4/2024 IMPROV 2 IMPROVEMENT DAY CAMP STAFF TRAINING 100520 52500 $2,432.22 CHECK TOTAL $2,500.00
12125 6/4/2024 INLAND SOCAL MEDIA GROUP
LLC
DBC AD FOR JUNE 2024 ISSUE 100510 52160 $750.00
CHECK TOTAL $750.00
12126 6/4/2024 INTEGRUS LLC RICOH COPIER SERVICE - 3/19/24- 04/18/24
100230 52100 $2,148.53
CHECK TOTAL $2,148.53
12127 6/4/2024 JACKSON'S AUTO SUPPLY/NAPA VEHICLE MAINT (LIC#1524126) FY23-24 502630 52312 $23.36 CHECK TOTAL $23.36
12128 6/4/2024 JERMAR 29:11 INC DEPOSIT - DAY CAMP EXCURSION 100520 53520 $198.55 CHECK TOTAL $198.55
12129 6/4/2024 JOE A GONSALVES & SON INC STATE LOBBYIST PROF SERVICES IN JUNE 100130 54900 $2,500.00 CHECK TOTAL $2,500.00
12130 6/4/2024 JOHN L HUNTER & ASSOC INC NPDES PROFESSIONAL SVCS - MARCH 2024
201610 54200 $1,529.00
6/4/2024 JOHN L HUNTER & ASSOC INC NPDES LAND DEVELOPMENT - MARCH 2024
100 22109 $202.50
6/4/2024 JOHN L HUNTER & ASSOC INC NPDES LAND DEVELOPMENT - MARCH 2024
100 22109 $236.25
CHECK TOTAL $1,967.75
12131 6/4/2024 KENS HARDWARE ROAD MAINTENANCE SUPPLIES 100655 51250 $21.88 CHECK TOTAL $21.88
12132 6/4/2024 KIMBERLY DOWNEY ESMOND CONTRACT CLASS INSTRUCTOR - YOUTH DANCE
100520 55320 $1,139.21
CHECK TOTAL $1,139.21
12133 6/4/2024 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC ENGINEER SVCS -
MARCH 2024
100615 54410 $675.47
6/4/2024 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC ENGINEER SVCS -
MARCH 2024
100 22109 $941.56
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 6/4/2024 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC ENGINEER SVCS -
MARCH 2024
100 22109 $2,100.51
CHECK TOTAL $3,717.54
12134 6/4/2024 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - APR 2024 100230 52314 $200.00 CHECK TOTAL $200.00
12135 6/4/2024 LEWIS ENGRAVING INC CITY TILE FOR CAROL DENNIS 100140 52140 $26.84 CHECK TOTAL $26.84
12136 6/4/2024 LIEBERT CASSIDY WHITMORE CONSULT WITH LEGAL 100220 54900 $217.50 CHECK TOTAL $217.50
12137 6/4/2024 LIZA G MONTIEL SENIOR DANCE DJ 100520 55310 $350.00 CHECK TOTAL $350.00
12138 6/4/2024 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES - APRIL
2024
100610 55550 $2,680.71
CHECK TOTAL $2,680.71
12139 6/4/2024 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2023-24 GEN LAW ENF SERVICES
MARCH 2024
100310 55400 $657,980.44
CHECK TOTAL $657,980.44
12140 6/4/2024 LOWE'S BUSINESS ACCOUNT PARK FACILITIES MAINT SUPPLIES (JKTOOLS)
100630 51200 $146.95
6/4/2024 LOWE'S BUSINESS ACCOUNT PARK FACILITIES MAINT SUPPLIES 100630 51200 $46.76 CHECK TOTAL $193.71
12141 6/4/2024 MARIPOSA LANDSCAPES INC CONTRACT WITHHOLDING: 24000084
RETENTIONS
238 29004 $1,110.60
CHECK TOTAL $1,110.60
12142 6/4/2024 RICK RAYMOND MATTIE AV ASSISTANCE FOR MEETINGS APRIL 2024
100240 54900 $1,230.00
CHECK TOTAL $1,230.00
12143 6/4/2024 MILES COOKIES SUPPLIES FOR GRADUATION SOCIAL 100520 51200 $1,581.00 6/4/2024 MILES COOKIES SUPPLIES FOR GRADUATION SOCIAL 100520 51200 $2,418.00 CHECK TOTAL $3,999.00
12144 6/4/2024 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY
PREPARDNESS
100350 52300 $78.75
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 CHECK TOTAL $78.75
12145 6/4/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $190.00
CHECK TOTAL $190.00
12146 6/4/2024 ONE TIME PAY VENDOR BAPS FACILITYY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00
12147 6/4/2024 ONE TIME PAY VENDOR BRITHNEY CRAWFORD FACILITY DEPOSIT REFUND 100 20202 $1,400.00 CHECK TOTAL $1,400.00
12148 6/4/2024 ONE TIME PAY VENDOR FIRST CLASS EVENTS FACILITY DEPOSIT REFUND 100 20202 $1,350.00 6/4/2024 ONE TIME PAY VENDOR FIRST CLASS EVENTS FACILITY DEPOSIT REFUND 100 20202 $1,355.02 CHECK TOTAL $2,705.02
12150 6/4/2024 ONE TIME PAY VENDOR LOS ALTOS HIGH
SCHOOL ASB
FACILITY DEPOSIT REFUND 100 20202 $750.00
CHECK TOTAL $750.00
12151 6/4/2024 ONE TIME PAY VENDOR MEHUL PRAJAPATI FACILITY DEPOSIT REFUND 100 20202 $1,420.50 CHECK TOTAL $1,420.50
12152 6/4/2024 ONE TIME PAY VENDOR NORTH AMERICAN
TAIWANESE WOMENS
ASSOCIATION INC
FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
12153 6/4/2024 ONE TIME PAY VENDOR ADEL JAMALEDDINE REFUND - LC20240000209 226 20602 $4.00 6/4/2024 ONE TIME PAY VENDOR ADEL JAMALEDDINE REFUND - LC20240000209 100 48130 $43.39 CHECK TOTAL $47.39
12154 6/4/2024 ONE TIME PAY VENDOR AMANDA ESPINOZA FACILITY REFUND 100 20202 $1,655.78 CHECK TOTAL $1,655.78
12155 6/4/2024 OOTWI INC DAY CAMP ENTERTAINMENT 100520 55315 $560.00 CHECK TOTAL $560.00
12156 6/4/2024 PACIFIC OFFICE AUTOMATION
INC
NEW VERKADA CAMERA SYSTEM - CITY
HALL
503230 56130 $33,761.76
CHECK TOTAL $33,761.76
12157 6/4/2024 PAPER RECYCLING &
SHREDDING
TWO CONSOLES AT CH- MAY 250170 55000 $105.00
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 CHECK TOTAL $105.00
12158 6/4/2024 PBLA ENGINEERING INC DESIGN SERVICES APRIL 2024 301630 56104 $4,280.00 CHECK TOTAL $4,280.00
12159 6/4/2024 PRINTING DYNAMICS INC CERTIFICATE PAPERS 100140 51400 $1,314.00 CHECK TOTAL $1,314.00
12160 6/4/2024 PROTECTION ONE INC ALARM MONITORING (DBC 060124- 083124)
100510 52310 $221.52
CHECK TOTAL $221.52
12161 6/4/2024 RAYMOND TARAZON PARK MAINTENANCE (SYCAMORE CYN PARK)
100630 52320 $135.00
CHECK TOTAL $135.00
12162 6/4/2024 REINBERGER CORPORATION WINDOW ENVELOPES 100140 52110 $333.98 6/4/2024 REINBERGER CORPORATION WINDOW ENVELOPES 100130 52110 $1,095.00 6/4/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $86.51 CHECK TOTAL $1,515.49
12163 6/4/2024 RICHDAI INC INSTRUCTOR PAYMENT - ART - WS24 100520 55320 $453.60 CHECK TOTAL $453.60
12164 6/4/2024 SC FUELS FLEET VEHCILE FUEL (050124-051524) FY23-24
502620 52330 $340.63
6/4/2024 SC FUELS FLEET VEHCILE FUEL (050124-051524)
FY23-24
502630 52330 $447.98
6/4/2024 SC FUELS FLEET VEHCILE FUEL (050124-051524)
FY23-24
502655 52330 $594.76
CHECK TOTAL $1,383.37
12165 6/4/2024 SIMPSON ADVERTISING INC LAYOUT AND DESIGN OF JUNE 2024
CITY NEWSLETTER
100240 54900 $1,775.00
CHECK TOTAL $1,775.00
12166 6/4/2024 SITEIMPROVE INC ANNUAL SUBSCRIPTION - 6/24/24- 6/24/25
100230 52314 $6,665.83
CHECK TOTAL $6,665.83
12167 6/4/2024 SPECTRUM BUSINESS SUMMARY BILL-CABLE TV/INTERNET - MAY 2024
100230 54030 $1,739.35
CHECK TOTAL $1,739.35
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 12168 6/4/2024 TAIT AND ASSOCIATES INC CIP SI23101 (DESIGN) GROUNDWATER DRAINAGE PHASE 6
301610 56101 $16,425.00
6/4/2024 TAIT AND ASSOCIATES INC DIAMOND BAR CENTER - LANDSCAPE
DESIGN SVCS
100615 54400 $8,600.50
6/4/2024 TAIT AND ASSOCIATES INC CIP PW23401 (DESIGN) GROUNDWATER PHASES 4 & 5
301610 56105 $957.50
6/4/2024 TAIT AND ASSOCIATES INC CIP PW23401 (DESIGN) GROUNDWATER PHASES 4 & 5
301610 56105 $1,830.00
6/4/2024 TAIT AND ASSOCIATES INC CIP SI23101 (DESIGN) GROUNDWATER PHASE 6
301610 56101 $17,800.50
6/4/2024 TAIT AND ASSOCIATES INC CIP FP23504 (DESIGN) PANTERA PARK
HARDSCAPE
301630 56104 $15,504.50
6/4/2024 TAIT AND ASSOCIATES INC CIP PW23401 (DESIGN) GROUNDWATER PHASES 4 & 5
301610 56105 $122.50
6/4/2024 TAIT AND ASSOCIATES INC DIAMOND BAR CENTER - LANDSCAPE
DESIGN SVCS
100615 54400 $360.00
6/4/2024 TAIT AND ASSOCIATES INC CIP SI23101 (DESIGN) GROUNDWATER PHASE 6
301610 56101 $735.00
6/4/2024 TAIT AND ASSOCIATES INC CIP SI23101 (DESIGN) GROUNDWATER PHASE 6
301610 56101 $245.00
6/4/2024 TAIT AND ASSOCIATES INC CIP FP23503 (DESIGN) PANTERA PARK
HARDSCAPE
301630 56104 $260.00
6/4/2024 TAIT AND ASSOCIATES INC GRAND AVE MEDIANS - LANDSCAPE
DESIGN SVCS
100615 54400 $2,832.00
CHECK TOTAL $65,672.50
12169 6/4/2024 TENCO SOLAR INC CONTRACT WITHHOLDING: 24000076 -
RETENTION
301 29004 $1,200.00
CHECK TOTAL $1,200.00
12170 6/4/2024 TENNIS ANYONE INC TENNIS INSTRUCTION 23-24 100520 55320 $8,841.14 CHECK TOTAL $8,841.14
12171 6/4/2024 THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION
USED OIL FILTER EXCHANGE
ADVERTISEMENT
253180 52160 $800.00
CHECK TOTAL $800.00
12172 6/4/2024 THREE VALLEYS MUNICIPAL
WATER DISTRICT
LEADERSHIP BREAKFAST FOR MAYOR
PRO TEM TENG
100110 52410 $30.00
CHECK TOTAL $30.00
12173 6/4/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS-5/6 - 5/7 503230 56135 $4,000.00
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 6/4/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS-5/15-5/16 503230 56135 $3,200.00 6/4/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS 5/21-5/22 503230 56135 $4,000.00 CHECK TOTAL $11,200.00
12174 6/4/2024 ULINE INC DBC SUPPLIES - COBWEB DUSTER 100510 51200 $169.51 CHECK TOTAL $169.51
12175 6/4/2024 US BANK CALCARD STATEMENT - MAY 2024 999 28100 $21,053.45 CHECK TOTAL $21,053.45
12176 6/4/2024 VERIZON WIRELESS WIRELESS PHONE SVCS - 4/17-5/16 100230 52200 $2,189.64 CHECK TOTAL $2,189.64
12177 6/4/2024 WALNUT STATION BOOSTER CLUB ANNUAL VOLUNTEER RECOGNITION DINNER
100130 52410 $80.00
6/4/2024 WALNUT STATION BOOSTER CLUB ANNUAL VOLUNTEER RECOGNITION DINNER
100110 52410 $160.00
CHECK TOTAL $240.00
12178 6/4/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23- 24 100620 51200 $686.30
6/4/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY23-24 100510 51210 $529.97 CHECK TOTAL $1,216.27
12179 6/4/2024 WEST COAST ARBORISTS INC TREE MAINT (050124-051524) 100645 55522 $1,254.00 CHECK TOTAL $1,254.00
12180 6/4/2024 WESTERN A/V DBC AV SYSTEM PORTABLE SCREEN
OUTPUT REPAIR
100510 52310 $360.00
CHECK TOTAL $360.00
12181 6/4/2024 WILLDAN GEOTECHNICAL PR2016-2111 GEOTECHNICAL REVIEW 100 22109 $420.00 CHECK TOTAL $420.00
12182 6/4/2024 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE (LIC#1570799) 502630 52312 $190.20 CHECK TOTAL $190.20
12183 6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $580.80
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $1,953.60
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 6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $712.80
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $132.00
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $132.00
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $765.60
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $3,326.40
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100 22107 $132.00
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100 22107 $580.80
6/4/2024 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SERVICES - APRIL 2024 100120 54020 $4,888.70
CHECK TOTAL $13,204.70
12184 6/4/2024 YUNEX LLC BATTERY BACKUP/CCTV REPLACEMENT
PROJECT
301610 56102 $50,450.00
CHECK TOTAL $50,450.00
GRAND TOTAL $996,059.58
5.2.b
Packet Pg. 29
Agenda #: 5.3
Meeting Date: June 18, 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 May 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. 30
Attachments:
1. 5.3.a Treasurer's Cash Report - May 2024
2. 5.3.b Treasurer's Certification & Portfolio Report - May 2024
5.3 Packet Pg. 31
CASH & INVESTMENT BALANCES
Cash Funds
General Account $1,321,392.62
Payroll Account $0.00
Change Fund - General Fund $600.00
Petty Cash Account $700.00
Cash With Fiscal Agent (US Bank 2021 Bonds) $597,850.39 Total Cash Funds $1,920,543.01
City & LAIF Invested Funds (Book Value):
Local Agency Investment Fund $2,101,635.72
City-Managed Fixed-Income Securities (0-5 year maturity) $77,813,765.23 Total Investment Funds (Book Value) $79,915,400.95
Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF) 3.79% (11 months) Fiscal YTD Interest Earnings (City Funds & LAIF) $2,485,764.38 (11 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) $774,084.40 Annualized rate of return as of 03/31/2024 (since 2016, 7.75 yrs) 4.03% OPEB Trust Fiscal Year-To-Date Unrealized Gain/(Loss) $40,647.95 (11 months) GRAND TOTAL - CASH & INVESTMENTS $82,610,028.36
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF MAY 31, 2024
5.3.a
Packet Pg. 32
INVESTMENTS BOOK VALUE
PERCENT OF
PORTFOLIO TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD $13,642,000.00 17.07% 1,384 976 4.200% Local Agency Investment Fund $2,101,635.72 2.63% 1 1 4.332% Corporate Notes $958,784.80 1.20% 1,570 1,318 4.989%
Federal Agency Coupon Securities $11,268,612.84 14.10% 1,300 685 4.234% Federal Agency Discount-Amortizing $2,215,555.84 2.77% 239 115 5.018% Treasury Coupon Securities $10,440,331.97 13.06% 1,216 498 2.730% Federal Agency Callable $8,999,325.60 11.26% 1,572 549 2.592% Certificates of Deposit-Banks $7,171,124.60 8.97% 1,590 983 3.537% Municipal Bonds $2,038,661.22 2.55% 1,565 836 3.684%
Money Market Fund $21,079,368.36 26.38% 1 1 5.230%
Total Investments and Averages $79,915,400.95 100.00% 964 519 4.066%
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.
$257,533.87 $2,485,764.38
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
May 31, 2024
MONTH ENDING FISCAL YEAR-TO-DATE
May 31, 2024 2023-2024
5.3.b
Packet Pg. 33
City of Diamond Bar
Portfolio Management
May 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 13,642,000.00 13,576,725.46 13,642,000.00 17.07 1,384 976 4.200 Local Agency Investment Funds 2,101,635.72 2,069,750.75 2,101,635.72 2.63 1 1 4.332 Corporate Notes 1,000,000.00 958,784.80 958,784.80 1.20 1,570 1,318 4.989 Federal Agency Coupon Securities 11,250,000.00 11,289,433.43 11,268,612.84 14.10 1,300 685 4.234 Federal Agency Disc. -Amortizing 2,250,000.00 2,215,555.84 2,215,555.84 2.77 239 115 5.018 Treasury Coupon Securities 10,500,000.00 10,239,627.49 10,440,331.97 13.06 1,216 498 2.730 Federal Agency Callable 9,000,000.00 8,641,287.12 8,999,325.60 11.26 1,572 549 2.592 Certificate of Deposit 7,216,000.00 7,030,955.83 7,171,124.60 8.97 1,590 983 3.537 Municipal Bonds 2,145,000.00 2,003,965.07 2,038,661.22 2.55 1,565 836 3.684 Money Market Fund 21,079,368.36 21,079,368.36 21,079,368.36 26.38 1 1 5.230 79,915,400.95 100.00%
Investments
80,184,004.08 79,105,454.15 964 519 4.066
Current Year
May 31
257,533.87
Fiscal Year To Date
2,485,764.38
Average Daily Balance
Effective Rate of Return
76,391,018.08 71,177,749.17
3.97% 3.79%
Total Earnings Month Ending
__________________________________________________ ____________________ Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 05/01/2024-05/31/2024
Run Date: 06/11/2024 - 14:49 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
06/11/2024
5.3.b
Packet Pg. 34
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 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 51 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 51 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 55 3.150 07/26/2024 00224TAL0 10528 A+ FEDERAL CU 01/27/2023 249,000.00 249,000.00 249,000.00 4.700 731 240 4.700 01/27/2025 219873AB2 10649 CORP AMERICA FAMILY CU 03/27/2024 248,000.00 248,000.00 248,000.00 5.250 365 299 5.250 03/27/2025 02589ACS9 10419 American Express Bank 05/18/2022 246,000.00 244,052.66 246,000.00 3.100 1,097 352 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 1,095 363 3.100 05/30/2025 130162BL3 10621 CALIFORNIA CREDIT UNION 12/28/2023 243,000.00 243,000.00 243,000.00 5.100 550 394 5.100 06/30/2025 795451BQ5 10461 Sallie Mae Bank 07/06/2022 248,000.00 248,000.00 248,000.00 3.400 1,097 401 3.400 07/07/2025 37424PAG9 10570 GESA CREDIT UNION 07/31/2023 248,000.00 248,000.00 248,000.00 5.500 731 425 5.500 07/31/2025 20825WBC3 10474 Connexus CU 08/26/2022 248,000.00 248,000.00 248,000.00 3.500 1,096 451 3.500 08/26/2025 90353EBC6 10550 USF FCU 03/15/2023 249,000.00 249,000.00 249,000.00 5.050 915 471 5.050 09/15/2025 914242AA0 10492 UNIVERSITY CREDIT UNION 09/26/2022 249,000.00 249,000.00 249,000.00 4.000 1,096 482 4.000 09/26/2025 16863LAE5 10502 CHIEF FINANCIAL FCU 10/12/2022 249,000.00 249,000.00 249,000.00 4.600 1,098 500 4.600 10/14/2025 92348DAA7 10500 VERIDIAN CU 10/24/2022 249,000.00 249,000.00 249,000.00 4.500 1,096 510 4.500 10/24/2025 20367GBD0 10440 Community Commerce Bank 07/27/2022 248,000.00 248,000.00 248,000.00 3.050 1,280 605 3.050 01/27/2026 530520AC9 10530 LIBERTY FIRST CU 01/27/2023 249,000.00 249,000.00 249,000.00 4.500 1,096 605 4.500 01/27/2026 320165LR2 10648 FIRST FARMERS BK & TRUST 03/28/2024 249,000.00 249,000.00 249,000.00 4.850 671 606 4.850 01/28/2026 19123RAA0 10529 COCA-COLA FCU 01/31/2023 249,000.00 249,000.00 249,000.00 4.600 1,098 611 4.600 02/02/2026 39573LAV0 10255 GREENSTATE CREDIT UNION 02/26/2021 248,000.00 224,875.74 248,000.00 0.650 1,826 635 0.650 02/26/2026 59524LAA4 10549 MID CAROLINA CU 03/13/2023 249,000.00 249,000.00 249,000.00 4.850 1,096 650 4.850 03/13/2026 87868YAL7 10551 TECHNOLOGY CU 03/23/2023 249,000.00 249,000.00 249,000.00 5.000 1,096 660 5.000 03/23/2026 62847NEL6 10646 MVB BANK INC 03/27/2024 249,000.00 249,000.00 249,000.00 4.800 730 664 4.800 03/27/2026 722000AC0 10575 PIMA FEDERAL CREDIT 08/17/2023 248,000.00 248,000.00 248,000.00 5.300 1,096 807 5.300 08/17/2026 42228LAH4 10496 HEALTHCARE SYSTEMS FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.600 1,461 842 3.600 09/21/2026 91823MBE4 10499 VCC BANK 10/14/2022 249,000.00 249,000.00 249,000.00 4.250 1,461 865 4.250 10/14/2026 50625LBR3 10606 LAFAYETTE FCU 11/30/2023 248,000.00 248,000.00 248,000.00 5.250 1,096 912 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 1,826 928 1.350 12/16/2026 58404DUA7 10622 Medallion Bank 12/29/2023 248,000.00 248,000.00 248,000.00 4.500 1,096 941 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 1,827 975 1.750 02/01/2027 849061AF3 10644 SPOKANE TEACHERS CR UN 03/25/2024 245,000.00 245,000.00 245,000.00 4.750 1,095 1,027 4.750 03/25/2027 89235MNT4 10442 Toyota Financial SGS Bank 07/22/2022 248,000.00 248,000.00 248,000.00 3.400 1,826 1,146 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 1,151 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 1,201 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 1,207 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 1,216 3.800 09/30/2027 Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 35
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 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
06543PDA0 10494 BANK OF THE VALLEY NE 09/30/2022 249,000.00 249,000.00 249,000.00 4.100 1,826 1,216 4.100 09/30/2027 42869GAB2 10639 Hickam 01/31/2024 249,000.00 249,000.00 249,000.00 4.150 1,461 1,339 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 1,376 4.600 03/08/2028 61690DQK7 10662 Morgan Stanley Bank 05/08/2024 244,000.00 244,000.00 244,000.00 4.700 1,461 1,437 4.700 05/08/2028 89854LAD5 10564 TTCU FED CU 07/26/2023 248,000.00 248,000.00 248,000.00 5.000 1,827 1,516 5.000 07/26/2028 534574AC2 10571 LINCOLN PARK COMMUNITY BANK 08/28/2023 248,000.00 248,000.00 248,000.00 5.000 1,827 1,549 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 1,560 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 1,605 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 1,612 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 1,612 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 1,635 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 1,643 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 1,670 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 1,692 4.000 01/18/2029 654062LP1 10643 NICOLET NATIONAL BANK 03/08/2024 249,000.00 249,000.00 249,000.00 4.250 1,826 1,741 4.250 03/08/2029 91527PCF2 10651 Univest Bank & Trust Co. 03/13/2024 249,000.00 249,000.00 249,000.00 4.250 1,826 1,746 4.250 03/13/2029 12481GAZ0 10663 CBC Federal Credit Union 05/14/2024 249,000.00 249,000.00 249,000.00 4.650 1,826 1,808 4.650 05/14/2029 32026U5U6 10664 First Foundation Bank 05/22/2024 244,000.00 244,000.00 244,000.00 4.600 1,826 1,816 4.600 05/22/2029 93883MBA5 10674 WASHINGTON FINANCIAL 05/31/2024 244,000.00 244,000.00 244,000.00 4.500 1,826 1,825 4.500 05/31/2029 Subtotal and Average 13,073,032.26 13,642,000.00 13,576,725.46 13,642,000.00 1,384 976 4.200 Local Agency Investment Funds
LAIF 10028 Local Agency Investment Fund 2,101,635.72 2,069,750.75 2,101,635.72 4.332 1 1 4.332 Subtotal and Average 2,101,635.72 2,101,635.72 2,069,750.75 2,101,635.72 1 1 4.332 Corporate Notes
06048WR36 10515 Bank of America Corp. 12/27/2022 500,000.00 459,355.03 459,355.03 2.000 1,638 1,116 5.000 06/22/2027 24422EXB0 10668 JOHN DEERE CAPITAL CORP 05/29/2024 500,000.00 499,429.77 499,429.77 4.950 1,507 1,504 4.979 07/14/2028 Subtotal and Average 507,168.91 1,000,000.00 958,784.80 958,784.80 1,570 1,318 4.989 Federal Agency Coupon Securities
3130ASDS5 10460 Federal Home Loan Bank 07/08/2022 1,000,000.00 999,747.11 999,747.11 2.750 721 27 3.099 06/28/2024 3130AT6G7 10483 Federal Home Loan Bank 09/22/2022 750,000.00 748,783.10 748,783.10 3.500 722 104 4.100 09/13/2024 3130ATVD6 10533 Federal Home Loan Bank 02/22/2023 750,000.00 749,628.55 749,628.55 4.875 569 104 5.058 09/13/2024 3133EPBH7 10543 Federal Farm Credit Bank 03/01/2023 500,000.00 499,355.49 499,355.49 4.750 723 265 4.939 02/21/2025 3133ENZG8 10458 Federal Farm Credit Bank 07/11/2022 500,000.00 500,989.91 500,989.91 3.375 1,075 384 3.176 06/20/2025 Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 36
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 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
313373B68 10537 Federal Home Loan Bank 02/27/2023 500,000.00 497,984.38 497,984.38 4.375 1,110 650 4.619 03/13/2026 3130ASJ59 10447 Federal Home Loan Bank 07/18/2022 1,000,000.00 1,004,425.57 1,004,425.57 3.375 1,425 741 3.141 06/12/2026 3133EPQC2 10572 Federal Farm Credit Bank 08/02/2023 1,000,000.00 999,280.75 999,280.75 4.625 1,080 776 4.661 07/17/2026 45818WED4 10498 INTER-AMERICAN DEV. BANK 09/13/2022 500,000.00 492,389.12 492,389.12 2.980 1,731 1,104 3.902 06/10/2027 3130ASGU7 10432 Federal Home Loan Bank 06/16/2022 1,000,000.00 1,020,268.00 999,447.41 3.500 1,821 1,105 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 1,460 150 5.600 10/29/2027 3133EPCG8 10545 Federal Farm Credit Bank 03/01/2023 1,000,000.00 995,586.32 995,586.32 4.125 1,736 1,278 4.267 12/01/2027 3130AWMN7 10563 Federal Home Loan Bank 07/21/2023 500,000.00 503,574.70 503,574.70 4.375 1,785 1,469 4.177 06/09/2028 17325FBB3 10631 CITIBANK 01/30/2024 750,000.00 777,420.43 777,420.43 5.803 1,704 1,581 4.847 09/29/2028 3130B0N70 10645 Federal Home Loan Bank 03/27/2024 500,000.00 500,000.00 500,000.00 4.850 1,826 664 4.850 03/27/2029 Subtotal and Average 11,268,419.75 11,250,000.00 11,289,433.43 11,268,612.84 1,300 685 4.234 Federal Agency Disc. -Amortizing
313384A58 10626 Federal Home Loan Bank 01/29/2024 750,000.00 743,580.42 743,580.42 4.970 186 62 5.169 08/02/2024 313384J75 10627 Federal Home Loan Bank 01/29/2024 750,000.00 737,266.67 737,266.67 4.775 252 128 4.975 10/07/2024 313384N39 10628 Federal Home Loan Bank 01/29/2024 750,000.00 734,708.75 734,708.75 4.705 280 156 4.910 11/04/2024 Subtotal and Average 2,211,040.21 2,250,000.00 2,215,555.84 2,215,555.84 239 115 5.018 Treasury Coupon Securities
9128286Z8 10435 U.S. Treasury 06/14/2022 1,000,000.00 976,875.00 998,877.80 1.750 747 29 3.222 06/30/2024 912828Y87 10434 U.S. Treasury 06/08/2022 1,000,000.00 975,742.00 998,445.47 1.750 784 60 2.730 07/31/2024 91282CED9 10415 U.S. Treasury 03/22/2022 3,000,000.00 2,903,439.00 2,987,769.89 1.750 1,089 287 2.290 03/15/2025 91282CEU1 10459 U.S. Treasury 07/08/2022 1,000,000.00 998,261.52 998,261.52 2.875 1,073 379 3.051 06/15/2025 9128285C0 10456 U.S. Treasury 07/11/2022 1,000,000.00 997,999.95 997,999.95 3.000 1,177 486 3.158 09/30/2025 9128285J5 10445 U.S. Treasury 07/18/2022 1,000,000.00 998,318.46 998,318.46 3.000 1,201 517 3.125 10/31/2025 91282CDQ1 10403 U.S. Treasury 01/04/2022 1,000,000.00 925,664.00 997,331.32 1.250 1,822 943 1.357 12/31/2026 91282CEW7 10436 U.S. Treasury 07/14/2022 1,000,000.00 1,006,687.71 1,006,687.71 3.250 1,812 1,124 3.014 06/30/2027 91282CEE7 10654 U.S. Treasury 04/08/2024 500,000.00 456,639.85 456,639.85 2.375 1,818 1,764 4.393 03/31/2029 Subtotal and Average 11,341,414.06 10,500,000.00 10,239,627.49 10,440,331.97 1,216 498 2.730 Federal Agency Callable
3134GXYM0 10433 Federal Home Loan Mtg Corp 06/28/2022 750,000.00 749,124.00 749,879.06 3.125 731 27 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 55 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 1,461 317 0.690 04/14/2025 3133EREU1 10667 Federal Farm Credit Bank 05/29/2024 500,000.00 499,706.12 499,706.12 5.000 537 534 5.041 11/17/2025 3130AL7M0 10254 Federal Home Loan Bank 02/24/2021 500,000.00 460,993.50 499,740.42 0.625 1,826 84 0.668 02/24/2026 Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 37
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Agency Callable
3133EMSH6 10258 Federal Farm Credit Bank 03/03/2021 500,000.00 463,515.50 500,000.00 0.790 1,826 640 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 1,826 954 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 1,826 969 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 57 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 1,178 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 1,826 212 4.550 12/30/2027 3010B07G8 10641 Federal Home Loan Bank 02/26/2024 500,000.00 500,000.00 500,000.00 5.000 1,827 1,731 5.000 02/26/2029 Subtotal and Average 8,547,909.42 9,000,000.00 8,641,287.12 8,999,325.60 1,572 549 2.592 Certificate of Deposit
29278TKJ8 10230 EnerBank USA 08/07/2019 247,000.00 241,213.04 247,000.00 2.150 1,827 67 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 83 2.002 08/23/2024 14042RRH6 10429 Capital One Bank 05/18/2022 248,000.00 246,036.83 248,000.00 3.100 1,097 352 3.100 05/19/2025 87165GR79 10430 Synchrony Bank 05/20/2022 248,000.00 246,033.11 248,000.00 3.100 1,096 353 3.100 05/20/2025 48128UDS5 10250 JP Morgan Chase 05/28/2020 248,000.00 231,727.23 248,000.00 1.050 1,826 361 1.010 05/28/2025 254673F68 10431 Discover Bank 06/01/2022 246,000.00 244,005.19 246,000.00 3.100 1,097 366 3.100 06/02/2025 59001PAS8 10457 Meritrust Fed CU 07/08/2022 248,000.00 248,000.00 248,000.00 3.350 1,096 402 3.350 07/08/2025 066519QK8 10256 BANK UNITED NA 03/05/2021 248,000.00 224,768.35 248,000.00 0.650 1,826 642 0.000 03/05/2026 70320KAX9 10257 Pathfinder Bank 03/11/2021 249,000.00 225,981.94 249,000.00 0.700 1,826 648 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 1,462 660 1.800 03/23/2026 38149MZJ5 10260 Goldman Sachs Bank 09/08/2021 248,000.00 225,703.81 248,000.00 1.050 1,826 829 1.051 09/08/2026 90348JS92 10261 UBS Bank USA 09/09/2021 248,000.00 224,604.42 248,000.00 0.950 1,826 830 0.000 09/09/2026 89236TLD5 10670 Toyota MTR Credit Corp 05/29/2024 500,000.00 502,519.33 502,519.33 5.400 905 902 5.179 11/20/2026 23288UAA5 10555 Cy Fair FCU 05/19/2023 249,000.00 249,000.00 249,000.00 4.350 1,461 1,082 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 1,151 3.402 07/27/2027 69353RFG8 10669 PNC BANK NA 05/29/2024 500,000.00 465,656.12 465,656.12 3.100 1,244 1,241 5.335 10/25/2027 882508CG7 10653 TEXAS INSTRUME 04/01/2024 750,000.00 753,679.15 753,679.15 4.600 1,774 1,713 4.480 02/08/2029 91282CKG5 10657 UST 04/22/2024 750,000.00 733,270.00 733,270.00 4.125 1,804 1,764 4.647 03/31/2029 3135GARH6 10655 Federal National Mtg Assn 04/16/2024 500,000.00 500,000.00 500,000.00 5.650 1,826 319 5.650 04/16/2029 3130B0YH6 10661 Federal Home Loan Bank 04/19/2024 500,000.00 500,000.00 500,000.00 5.010 1,826 1,783 5.010 04/19/2029 356436AR6 10658 Freedom Northwest CU 04/19/2024 249,000.00 249,000.00 249,000.00 4.550 1,826 1,783 4.550 04/19/2029 Subtotal and Average 6,304,466.55 7,216,000.00 7,030,955.83 7,171,124.60 1,590 983 3.537 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 0 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 1,506 153 0.685 11/01/2024 Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 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
May 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Municipal Bonds
13032UXM5 10253 CALIF STATE HLTH FACS AUTH 11/04/2020 250,000.00 231,621.25 250,000.00 0.952 1,670 365 0.952 06/01/2025 54438CYL0 10523 LOS ANGELES CA CMNTY CLG DIST 01/05/2023 365,000.00 339,600.60 339,600.60 1.174 1,304 791 4.700 08/01/2026 738850TA4 10522 POWAY UNIFIED SCHOOL DIST 01/04/2023 1,230,000.00 1,149,060.62 1,149,060.62 2.414 1,670 1,156 4.750 08/01/2027 Subtotal and Average 2,037,208.00 2,145,000.00 2,003,965.07 2,038,661.22 1,565 836 3.684 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 21,079,368.36 21,079,368.36 21,079,368.36 5.230 1 1 5.230 52470G882 10561 Western Asset 05/25/2023 0.00 0.00 0.00 5.150 1 1 5.150 Subtotal and Average 18,998,723.20 21,079,368.36 21,079,368.36 21,079,368.36 1 1 5.230 Total and Average 76,391,018.08 80,184,004.08 79,105,454.15 79,915,400.95 964 519 4.066 Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 39
Days to
Maturity
Par Value Book Value
Stated
Market Value Rate
May 31, 2024
Portfolio Details - Cash
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
0.00 76,391,018.08 80,184,004.08 964 519 4.066
Average Balance 0 0
Total Cash and Investments 79,105,454.15 79,915,400.95
Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 40
Stated
Rate
Transaction
Date
May 1, 2024 through May 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
12481GAZ0 10663 CBC Federal Credit Union 4.650 05/14/2024 249,000.00 0.00 32026U5U6 10664 First Foundation Bank 4.600 05/22/2024 244,000.00 0.00 61690DQK7 10662 Morgan Stanley Bank 4.700 05/08/2024 244,000.00 0.00 93883MBA5 10674 WASHINGTON FINANCIAL 4.500 05/31/2024 244,000.00 0.00 Subtotal 981,000.00 0.00 13,642,000.00
Local Agency Investment Funds (Monthly Summary)
Subtotal 2,101,635.72
Corporate Notes
24422EXB0 10668 JOHN DEERE CAPITAL CORP 4.950 05/29/2024 499,429.00 0.00 Subtotal 499,429.00 0.00 958,784.80
Federal Agency Coupon Securities
Subtotal 11,268,612.84
Federal Agency Disc. -Amortizing
Subtotal 2,215,555.84
Treasury Coupon Securities
912828WJ5 10417 U.S. Treasury 2.500 05/15/2024 0.00 2,000,000.00 ** Subtotal 0.00 2,000,000.00 10,440,331.97
Federal Agency Callable
3133EREU1 10667 Federal Farm Credit Bank 5.000 05/29/2024 499,705.00 0.00 Subtotal 499,705.00 0.00 8,999,325.60
Certificate of Deposit
61760AZR3 10226 Morgan Stanley Bank 2.750 05/02/2024 0.00 246,000.00 ** 69353RFG8 10669 PNC BANK NA 3.100 05/29/2024 465,600.00 0.00 89236TLD5 10670 Toyota MTR Credit Corp 5.400 05/29/2024 502,525.00 0.00 Subtotal 968,125.00 246,000.00 7,171,124.60
Municipal Bonds
Subtotal 2,038,661.22
Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM3) 7.3.0
** - Indicates incomplete recording of maturity redemption.
Report Ver. 7.3.6.1
5.3.b
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Stated
Rate
Transaction
Date
May 1, 2024 through May 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 5.230 4,575,882.52 2,000,000.00 Subtotal 4,575,882.52 2,000,000.00 21,079,368.36
Total 7,524,141.52 4,246,000.00 79,915,400.95
Portfolio POOL
AP
Run Date: 06/11/2024 - 14:49 PM (PRF_PM3) 7.3.0
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Agenda #: 5.4
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
(MLESA) BY AND BETWEEN THE COUNTY OF LOS ANGELES AND
THE CITY OF DIAMOND BAR FOR A FIVE-YEAR TERM THROUGH
JUNE 30, 2029.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Approve, and authorize the Mayor to sign, the five-year Municipal Law Enforcement Services Agreement (MLESA) by and between County of Los Angeles and City of Diamond Bar; and
B. Authorize the City Manager to sign the annual 575 based on the Council-approved appropriations in the adopted operating budget.
FINANCIAL IMPACT:
There is no specific fiscal impact related to the approval of this agreement. Financial implications related to the Diamond Bar Los Angeles County Sheriff’s Department (LASD) contract are based on the deployment levels established in the Service Level Authorization Form 575 (Form 575). The Form 575 with corresponding unit costs and Liability Trust Fund surcharge is updated annually and contains the personnel services approved by the City Council in the annual budget.
BACKGROUND:
Every five years, cities contracting with LASD must enter into the MLESA, which establishes standard the terms and conditions for the provision of law enforcement services in contract cities. This master services agreement includes the basic scope of services, administration and deployment of LASD personnel, performance requirements, and overall contract administration standards. The proposed MLESA is valid from July 1, 2024 through June 30, 2029.
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ANALYSIS:
The development of the 2024 MLESA was the result of negotiations led by the City Manager Working Group of the California Contract Cities Association. With the exception of the following, the proposed agreement contains no other substantive changes.
• Adjustment to Standard Performance Measurement. Historically, MLESA performance has been based on the overall number of service minutes produced by all deputies procured by the City, with a combined target of 98%-102% deemed to be compliant. This approach allows LASD to mix-and-match deputy time across procured units to meet requirements.
The revised MLESA would retain the same 98%-102% performance target, but apply it to each deputy procured by the City. This change ensures that each position meets the City’s requirements, with no offsets or balancing between one position and another. For example, if there was an overage in service minutes produced by a patrol deputy, it would no longer be acceptable for it to be offset by a reduction in Special Assignment Deputy time, ensuring full accountability with contracted service requirements.
• Service Unit Vehicles. Upon adding a new deputy unit to its Form 575, the City must incur an initial one-time vehicle acquisition cost for the new position.
Ongoing maintenance and replacement costs for the vehicle associated with the position are incorporated into the annual contract cost of the deputy. The revised MLESA includes language to ensure that the City is not responsible for the onetime vehicle cost when a deputy position is deleted and restored to the Form 575 within 24 months.
• Transfer of City Property to County. In the past, the City has purchased additional equipment for use by Diamond Bar deputies, including items such as LIDAR (traffic radar) and trackers used to solve package theft cases. The revised MLESA requires separate written agreements managed at contract city stations to govern items purchased by the City and temporarily transferred to the County and requires the County to maintain a detailed and regularly updated inventory of all non-vehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location. • Equipment Replacement. The revised MLESA includes new language requiring the County to make every effort to provide temporarily replacement equipment when original equipment assigned to a City deputy unit is out of service for 60 days or more.
• Continued Negotiations on Liability and Indemnity. The Liability Trust Fund (LTF) is a County trust account funded by contract cities to reimburse the County for all costs related to litigation and settlements as a part of MLESA operations. The Liability Trust Fund is self-insured for liabilities up to $10 million and carries
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insurance up to $50,000,000. In recent years, LASD has been involved in significant litigation and a number of high-cost settlements that have led insurers to require increased self-insurance retention amounts. In turn, the annual LTF surcharge paid by cities has risen to 12%, a figure that increases the City’s annual law enforcement bill by approximately $900,000 in FY 24-25.
During negotiations for the revised MLESA the City Manager Working Group of the California Contract Cities Association proposed changes to current liability and indemnity language to reduce overall exposure of contract cities, protect the long-term sustainability of the LTF and contract model, and encourage the County to implement effective risk mitigation measures in the department.
Ultimately, since LASD does control the training, supervision, recruitment/hiring, and discipline of deputies without City input, the full cost of liability for departmental actions should not be borne by contract cities. As the deadline to complete the MLESA approached, the County requested additional time to discuss and consider changes to the liability and indemnification language. A Letter of Understanding between the County and the California Contract Cities Association outlines how both parties will continue discussions to address these concerns.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
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1. 5.4.a 2024-2029 MLESA
5.4 Packet Pg. 46
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF DIAMOND BAR
TABLE OF CONTENTS
SECTION TITLE PAGE
RECITALS............................................................................................................. 1
1.0 SCOPE OF SERVICES…………............................................................ 1
2.0 ADMINISTRATION OF PERSONNEL................................................. 2
3.0 DEPLOYMENT OF PERSONNEL......................................................... 3
4.0 PERFORMANCE OF AGREEMENT.................................................... 6
5.0 INDEMNIFICATION............................................................................... 7
6.0 TERM OF AGREEMENT........................................................................ 8
7.0 RIGHT OF TERMINATION................................................................... 9
8.0 BILLING RATES….................................................................................. 9
9.0 PAYMENT PROCEDURES.................................................................... 10
10.0 NOTICES……………………................................................................... 11
11.0 AMENDMENTS…………….................................................................... 11
12.0 AUTHORIZATION WARRANTY......................................................... 12
13.0 ENTIRE AGREEMENT.......................................................................... 12 SIGNATURES....................................................................................................... 13 ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form
ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet
ATTACHMENT C: Public Safety Equipment Use Requirements
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1 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF DIAMOND BAR
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this 18th day of June, 2024 by and between the County of Los Angeles ("County") and the City of Diamond Bar ("City").
RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, this Agreement is authorized by Sections 56½ and 56¾ of the County Charter and California Government Code Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
1.1 The County, by and through the Sheriff's Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.
1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, State of California statutes, and the City municipal codes.
1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
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2 2.0 ADMINISTRATION OF PERSONNEL
2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City.
2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours.
2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City.
The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff.
2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.
2.5 All City employees who work in conjunction with the Sheriff’s Department pursuant to this Agreement shall remain employees of the City and shall not have
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3 any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions.
2.6 While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances.
2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriff's Department salaries, wages, or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of the performance of services under this Agreement.
2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT OF PERSONNEL
3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.
3.2 The City, or its designated representative, shall meet with its respective Sheriff's Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriff's Department Station Captain regarding the method of deployment for such services. The City and the
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4 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriff's Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City.
3.3 The Sheriff's Department shall make every attempt to avoid deployment deficiencies (i.e., “busting” of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the
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5 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above.
3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter.
3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available.
3.4 A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement.
3.5 Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement.
3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City.
3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth
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6 in Paragraphs 3.4 and 3.5 above.
3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement.
3.9 When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services.
4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures.
4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location
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7 of equipment. The inventory shall be kept current and accurate at all times during the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level.
4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff’s Department substation within the City which would not normally be provided by the Sheriff’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities.
4.4 It is expressly further understood that in the event a local office or building is maintained in the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City.
4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.
5.0 INDEMNIFICATION
5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein.
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8 5.2 The parties hereto have also executed a County-City Special Indemnity Agreement approved by the County Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein.
5.3 In the event the County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.
5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and incorporated herein for the entire duration of this Agreement.
6.0 TERM OF AGREEMENT
6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless sooner terminated or extended as provided for herein.
6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each.
6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then-existing term.
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9 7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than one hundred eighty (180) calendar days prior thereto.
7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City’s notice to the County.
7.3 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination.
7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law.
8.0 BILLING RATES
8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller.
8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.
8.3 The City shall be billed at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County
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10 Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.
8.4 The billing rates for other services and equipment requested pursuant to Paragraph
3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice.
9.2 If such payment is not delivered to the County office which is described on the invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice.
The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.
9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the invoice due date, or in the case of disputed amounts, calculated from the date the resolution is memorialized.
9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's
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11 intention to do so.
10.0 NOTICES
10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.
10.2 Notices to the County shall be addressed as follows:
Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7th Floor
Los Angeles, California 90012
Phone #: 213-229-1647
10.3 Notices to the City of shall be addressed as follows:
City of Diamond Bar
Attn: Dan Fox, City Manager
Address: 21810 Copley Drive
Phone #: 909-839-7011
11.0 AMENDMENTS
11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, all changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City.
11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement.
11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City
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12 Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
This Agreement, including Attachment A, Attachment B, and Attachment C, and any Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
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13 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF DIAMOND BAR
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below.
COUNTY OF LOS ANGELES
By ________________________________
ROBERT G. LUNA
Sheriff
Date _______________________________
CITY OF DIAMOND BAR
By ________________________________
STAN LIU
Mayor
Date _______________________________
ATTEST:
By__________________________
KRISTINA SANTANA
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
DAWYN R. HARRISON CITY ATTORNEY
County Counsel
By _________________________ By _________________________ Principal Deputy County Counsel Omar Sandoval, City Attorney
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Agenda #: 5.5
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH REGIONAL CHAMBER
OF COMMERCE SAN GABRIEL VALLEY FOR BUSINESS
DEVELOPMENT AND ENGAGEMENT SERVICES THROUGH JUNE
30, 2025.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve and authorize the City Manager to sign the Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for Fiscal Year 2024/25 would be $12,000. Sufficient funds are included in the Fiscal Year 2024/25 Economic Development budget.
BACKGROUND:
The Regional Chamber of Commerce San Gabriel Valley (“Chamber”) began as the Diamond Bar Chamber of Commerce before expanding eastward to also include the communities of Walnut, Rowland Heights, Hacienda Heights, Avocado Heights, La Puente, Bassett and Valinda. According to its website, the Chamber seeks to “promote civic, commercial, industrial commerce and enhance the quality of life within our community” while advocating for the business interests of its members. The City of Diamond Bar has partnered with the Chamber for many years, focusing primarily on local business development and engagement efforts.
ANALYSIS:
The FY 2023/24 Consulting Services Agreement included a revised scope of work designed to enhance cooperation between the City and Chamber, with specific
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deliverables defined. The Chamber met these terms with actions including but not limited to:
• Regular meetings with staff from the City’s Office of Economic Development to improve communication, develop programming, and strategize for business attraction and development.
• The development of local business development workshops and networking events, including Gas Company grant programs, Mayor’s Prayer Breakfast, and Business Roundtables, among other events.
• Assistance with City business engagement efforts, including Restaurant Week, City Anniversary Celebration, ribbon cuttings/grand opening, etc. • Business assistance/service matching programming.
• Quarterly reporting.
In FY 2024/25, the Chamber is expected to continue to provide business education and engagement programming, events including grand openings/ribbon cuttings and the annual Mayor’s Prayer Breakfast, participate in the City’s Restaurant Week program, and drive new local business membership.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
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1. 5.5.a Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley
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CONSULTING SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2024 by and between the City of Diamond Bar, a municipal corporation ("City") and the Regional Chamber of Commerce—San Gabriel Valley, a California nonprofit public benefit corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
Assistant City Manager Ryan McLean (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager.
2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall continue until June 30, 2025 unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twelve Thousand dollars ($12,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. Consultant shall submit to City an invoice monthly for the services completed, authorized expenses and authorized extra work actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
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C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of alldeliverables.
D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing
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requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section.
8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
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(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever isgreater.
B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible
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constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City.
City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or
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completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.
13. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises.
16. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto.
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Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or rawmaterials.
17. Time of Completion. Reserved.
18. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.
19. Delays and Extensions of Time. Reserved.
20. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
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24. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.
25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
26. Reserved.
27. Reserved.
28. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY”
Regional Chamber of Commerce SGV City of Diamond Bar
PO Box 5251 21810 Copley Drive
Hacienda Heights, CA 91745 Diamond Bar, CA 91765-4178
Attn.: Aziz Amiri, CEO Attn.: Ryan McLean, Assistant City Mgr.
Phone: 626-810-8476 Phone: 909-839-7016
E-Mail: [email protected]: [email protected]
29. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County.
30. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
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31. Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
32. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
REGIONAL CHAMBER OF COMMERCE CITY OF DIAMOND BAR
SAN GABRIEL VALLEY
By: ______ By: ____
Ken Leibman Dan Fox, City Manager
President and Chairman of the Board
ATTEST:
Kristina Santana, City Clerk
Approved as to form:
By:____
Omar Sandoval, City Attorney
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EXHIBIT “A”
FY 2024-2025 CITY SERVICES CONTRACT
REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY
SCOPE OF SERVICES
July 1, 2024 through June 30, 2025
A. The Chamber will partner with the City of Diamond Bar to promote business development in the City of Diamond Bar. The Chamber CEO and City Manager or their designee will meet no less than bimonthly to discuss issues impacting the Diamond Bar business community and the Chamber’s efforts to carry out the terms of this agreement.
B. The City shall have a non-voting liaison position on the Regional Chamber of Commerce – San Gabriel Valley (“Chamber”) Board of Directors. The position shall be appointed by the Mayor.
C. Upon commencement of this agreement, the Chamber shall provide a list of all current Diamond Bar-based business members. The Chamber shall continue efforts to increase Diamond Bar-based business membership by at least 10% by June 30, 2025.
D. The Chamber shall organize and promote open-to-the-public events that foster local business development, engagement, and economic growth, including:
• A minimum of five (5) business development/coaching workshops (including one-on-one meetings with licensed business counselors or partnerships with other reputable business development agencies) with topics relevant to the current needs of local businesses. Topics may include, but are not limited to business plan development, access to capital and financing opportunities, marketing techniques, emerging technologies, how to expand, job development, etc.
• A minimum of four (4) business networking events to be held in Diamond Bar, including the annual Mayor’s Prayer Breakfast event. As an in-kind donation, the City shall provide free access to a City facility (subject to availability) for two (2) of the four (4) events. The City shall receive a minimum of two (2) complimentary passes to each scheduled networking event.
E. The Chamber shall provide support for City-sponsored business engagement programs and activities, including:
• Provide logistical support, marketing, supplies/materials and other
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assistance as requested to the City in the course of staging local business engagement events, including, but not limited to, Grand Openings/Ribbon Cuttings and business milestone recognition events.
• Assist the City with the annual Diamond Bar Restaurant Week (DBRW) Program which will take place in October. Chamber shall participate in DBRW events (including the 2024 Beerfest/Taste of Diamond Bar event scheduled for September 8, 2024) coordinate and solicit any donations/sponsorships, and provide a grand raffle prize to be distributed to DBRW Dine and Win contest participants at the end of the program.
Chamber shall promote DBRW information on the Chamber website, as well as provide content on Chamber social media platforms. Chamber shall, whenever possible coordinate existing professional development events to take place at DBRW participating restaurants and furnish Chamber membership information to local business participants.
• Promote City-sponsored Business Watch events to Diamond Bar-based Chamber members.
F. The Chamber shall develop and implement a program designed to match Diamond Bar-based businesses with Chamber members that can provide fee-based ondemand business assistance or expertise necessary to their success, including but not limited to attorneys, human resources professionals, graphic designers, marketing professionals, etc.
G. The Chamber shall upgrade its official website (www.regionalchambersgv.com), ensuring all content is current and accurate. The City shall be provided second tier banner advertising for City programs on the Chamber website at no cost.
H. The Chamber shall implement technology designed to increase communications by facilitating mass e-mail, text, and phone outreach capabilities.
I. The Chamber shall submit quarterly reports to the City Manager or designee. At a minimum, the reports shall contain the following information:
• A list of all Diamond Bar-based businesses with active Regional Chamber of Commerce-SGV membership status.
• A summary of all Chamber Business Development Workshops held during the quarter and the total number of Diamond Bar-based
businesses/residents participating.
• A summary of all Networking Events held and the total number of Diamond Bar-based businesses/residents participating.
• Website data, including the total number of website visits/hits and esubscribers. • A summary of other relevant Chamber activities conducted during the period, as determined by the CEO.
J. At a regular City Council meeting in May or June (to be determined by the City and
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Chamber CEO), the Chamber shall present an annual report to the City Council highlighting its accomplishments for the year, with particular focus on those included in this scope of services.
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Agenda #: 5.6
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: EIGHTH AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH OPCO TRANSIT, INC. FOR SENIOR AND
DISABLED TRANSPORTATION SERVICES THROUGH JUNE 30,
2025.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Approve, and authorize the City Manager to sign, the Eighth Amendment to the Consultant Services Agreement with OpCo Transit, Inc. for senior transportation services through June 30, 2025; and
B. Approve updates to the Diamond Ride Program Rules.
FINANCIAL IMPACT:
Sufficient funds are included in the FY 2024-2025 Budget to cover the cost of such services in the amount of $350,000, which is funded exclusively through Proposition A Local Return Funds.
BACKGROUND:
The City’s Diamond Ride (or "dial-a-cab") program, established in April 1995, provides supplemental transportation for residents aged 60 and older ("seniors") and disabled adults aged 18 and older. Over the years, the program has undergone various modifications to enhance service quality and ensure fiscal sustainability, with the most recent changes implemented in December 2014. The most recent contract service provider, Network Paratransit Systems Inc., underwent a name change to OpCo Transit, Inc. in March 2024.
Currently, the Diamond Ride program serves approximately 3,000 active cardholders and facilitates over 9,000 trips annually. Operating daily from 7 am to 8 pm, the program
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allows riders to use 30 one-way trips or 15 round trips per month. The City’s existing service boundaries include:
• City Service Area 1: Fare $0.50 one-way - within Diamond Bar city limits • Medical Facilities Service Area 2: Fare $1.50 one-way. Trips to medical facilities within an approximately 5-mile radius beyond city limits bounded by the San Bernardino Freeway (10) to the north, Ramona Avenue/Mills Avenue to the east, Imperial Highway/Carbon Canyon Road to the south, and Azusa Avenue to the west. This service area extends coverage for trips to Pomona Valley Hospital Medical Center and St. Jude Hospital/Medical Center in Fullerton. • Conversion Trips - Trips that extend beyond Service Areas Number 1 and Number 2 are treated as conversion trips, where riders pay a standard per mile rate of $3.15 after the cab leaves the designated boundaries.
ANALYSIS:
To ensure a thorough review and evaluation of the existing Diamond Ride Program, it is necessary to extend the current contract with the service provider OpCo Transit, Inc. (OpCo) by one (1) year, through June 30, 2025. This extension will provide the City with sufficient time to conduct a comprehensive assessment of the program, including a detailed analysis of service delivery, user needs, and financial sustainability.
Maintaining continuity of service during this evaluation period is crucial to prevent any disruption for the approximately 3,000 active cardholders who rely on the Diamond Ride Program for their transportation needs. In the meantime, a few updates are recommended.
Increase of Per Mile Rate
The proposed amendment (Attachment 1) includes an increase to the “Per Mile” rate as outlined in Exhibit “B” of the Eighth Amendment to the Consultant Services Agreement.
Due to rising operational costs, OpCo has requested a 3% rate increase adjusting the per mile rate from $3.15 to $3.25 (shown in the below table). All other rates remain unchanged.
Rate Type Current Rate Proposed Rate
Flag Drop Per Trip $3.00 $3.00
Per Mile $3.15 $3.25
Wheelchairs Additional $5.00
per trip
Additional $5.00
per trip
Admin/Vehicle Sanitization $2,500 per month $2,500 per month Updates to Diamond Ride Program Rules (Attachment 2)
Inclusion of Baldwin Park Kaiser in Medical Service Area 2 Including Kaiser Permanente Baldwin Park Medical Center in Medical Service Area 2 addresses a critical need for comprehensive healthcare access. While there are Kaiser Medical Offices in Diamond Bar, many specialty care and surgical services are located
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at the Baldwin Park facility. By incorporating Baldwin Park Kaiser in Medical Service Area 2, the City ensures that residents can conveniently access the full spectrum of medical care they require without the additional financial burden of conversion fares.
The proposed services boundaries include:
• Service Area 1: Fare $0.50 one-way - Trips to/from any destination within Diamond Bar city limits.
• Service Area 2: Fare $1.50 one-way - Trips to/from approved medical facilities beyond Diamond Bar city limits in the area bound by the San Bernardino Freeway (I-10) to the north, Ramona Ave. to the east, Imperial Hwy./Carbon Canyon Rd./Chino Hills Pkwy. to the south, and Harbor Blvd./Azusa Ave. to the west. Trips to/from the following medical facilities are included in Service Area 2:
Pomona Valley Hospital Medical Center in Pomona, Providence St. Jude Medical Center in Fullerton, and Kaiser Permanente Baldwin Park Medical Center in Baldwin Park. Additionally, this includes associated medical facilities located within a half-mile radius of the campuses of these hospitals. • Conversion Trips: Trips that extend beyond Service Area 1 that are nonmedical in nature are treated as conversion trips. Riders will be charged a standard per mile rate of $3.25, in addition to the $0.50 base fare set for Service Area 1, after the Diamond Ride vehicle leaves the designated Service Area boundary. In addition, trips that extend beyond Service Area 2 that are medical in nature are treated as conversion trips. Riders will be charged a standard per mile rate of $3.25, in addition to the $1.50 base fare set for Service Area 2, after the Diamond Ride vehicle leaves the designated Service Area boundary.
Miscellaneous Updates to the Diamond Ride Program Rules Further updates to the Diamond Ride Program Rules aim to simplify and clarify the guidelines for users and are outlined in the attached red-lined version. This commitment to user-friendly programs underscores the City’s dedication to maintaining a supplemental transportation service that supports the independence and well-being of senior and disabled residents.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.6.a Eighth Amendment to Consultant Services Agreement with OpCo Transit, Inc.
2. 5.6.b REDLINED - Diamond Ride Program Rules - 06.18.2024
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1450782.1
EIGHTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Eighth Amendment to Consultant Services Agreement (“Eighth Amendment”) is made and entered into as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and OpCo Transit, Inc. “(“OpCo”), (herein referred to as the “Contractor”) with reference to the following:
A. The City and American Cab Co., LLC entered into a Contractor Services Agreement dated March 17, 2015 (the "Agreement") wherein American Cab Co. was to provide Dial-A-Cab services to City as set forth in the Agreement.
B. The City and American Cab executed the First Amendment to the Agreement dated July 1, 2018, which extended the Agreement term through June 30, 2019.
C. American Cab Co. assigned the Agreement to NPS by that Assignment and Amendment of Contractor Services Agreement effective October 22, 2018.
D. The City and NPS entered into the Third, Fourth, Fifth, and Sixth Amendments to the Agreement extending the term thereof through June 30, 2024.
E. The City and Contractor entered into that Seventh Amendment to Contract Services Agreement on March 1, 2024, assigning its obligations under the Agreement to OpCo., a related company, thereunder (''Seventh Amendment''), which is incorporated herein by reference.
F. The City and the Contractor desire to amend the Agreement as provided herein.
NOW, THEREFORE, the parties 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, is hereby amended, modified and supplemented to include the services described in the updated Diamond Ride Program Rules, Exhibit "A", attached hereto and incorporated herein by this reference.
3. Term. The Term of the Original Agreement, as amended was from July 1, 2015 to June 30, 2024. The Original Agreement provides that upon mutual agreement and successful demonstration of exemplary contract performance, the parties may extend the DocuSign Envelope ID: BA55CC73-7D29-4C6B-B654-FE56AE768AD8
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Agreement beyond the two annual extensions. This Eighth Amendment extends the Term from July 1 , 2024 (“Effective Date”) up to an including June 30, 2025.
4. Compensation. The total not-to-exceed compensation, as amended by this Eighth Amendment shall not exceed Three Hundred and Fifty Thousand Dollars ($350,000) for FY 24-25 without the prior authorization of the City, subject to the rates identified in the attached Exhibit “B”, which is incorporated herein by reference. Contractor acknowledges and agrees that it shall not be entitled to any compensation above this amount unless it receives prior approval of the City’s City Council and the Agreement is amended in writing.
Contractor shall be responsible for notifying the City if the not to exceed amount will be exceeded prior to the expiration of the Term; provided that in no event shall Contractor be required to provide services which costs thereof are in excess of the not to exceed amount.
5. Integration. This Eighth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Eighth Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Eighth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Eighth Amendment shall control.
IN WITNESS hereof, the parties enter into this Eighth Amendment on the year and day first above written.
“CONSULTANT” “CITY”
OPCO TRANSIT, INC. CITY OF DIAMOND BAR
*By: By:
Printed Name: Petros Keshishian Dan Fox, City Manager
Title: CEO
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
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*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
DocuSign Envelope ID: BA55CC73-7D29-4C6B-B654-FE56AE768AD8
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EXHIBIT “A”
DocuSign Envelope ID: BA55CC73-7D29-4C6B-B654-FE56AE768AD8
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Diamond Ride Program Rules – Effective July 1, 2024 (Rev 6/18/24) A. Hours & Days of Operation
Diamond Ride service is available seven (7) days a week, including holidays, from 7:00 a.m. to 8:00 p.m. Standard service hours apply except in the following circumstances:
1. Special Medical Exceptions: Trips to dialysis centers within Service Area 1 and 2 may be scheduled and fulfilled outside the standard service hours.
2. Holiday Ride: This free seasonal program runs from the day after Thanksgiving (“Black Friday”) to January 2. During this period, Diamond Bar residents eighteen (18) years of age or older may schedule trips to and from Diamond Bar-based businesses at no charge from 7:00 a.m.-8:00 p.m.
B. Eligible Users
Service is available to Diamond Bar residents who are:
1. Sixty (60) years of age or older; or
2. Disabled adults aged eighteen (18) years or older.
To enroll, residents must:
• Complete, sign, and meet all eligibility requirements of the Diamond Ride Application and/or Diamond Ride Disability Eligibility Form. • Provide proof of current Diamond Bar residency (valid government issued identification card or utility bill).
• Provide proof of age (valid Driver’s License, DMV Identification Card, or Birth Certificate).
• If enrolling as a participant with a disability, provide proof of disability, which includes verification with a written diagnosis that meets the requirements of CVC 295.5 or a disability card/document issued by the Veterans Administration, Department of Motor Vehicles, or Social Security Department. • Review and sign the Waiver, Release and Discharge of Liability Form.
Eligible users shall be issued a uniquely numbered Diamond Ride identification card bearing the user’s name, address, telephone number, and photograph.
Diamond Ride identification cards are valid for two (2) years from the date of issuance. Diamond Ride cardholders are responsible for renewing their eligibility before the card’s expiration date.
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If an eligible user needs transportation to City Hall to receive a Diamond Ride identification card, please contact the City Manager’s Office for accommodations.
For regular Diamond Ride vehicles, Diamond Ride cardholders must be able to enter and exit Diamond Ride vehicles on their own. If assistance is required, one (1) guest may accompany a Diamond Ride cardholder at no additional charge.
Diamond Ride drivers are not permitted to physically assist Diamond Ride cardholders with entry or exit from the vehicle.
For wheelchair-accessible vehicles, Diamond Ride cardholders may receive assistance from Diamond Ride drivers, if necessary, by opening the door, loading mobility devices and Diamond Ride cardholders onto the vehicle, and safely securing Diamond Ride cardholders inside the vehicle.
C. Guests
Only one (1) guest may accompany a cardholder without paying an additional fare.
Cardholders cannot schedule trips solely to transport a guest.
D. Service Area
Cardholders may schedule trips to destinations within two (2) established Service Areas (see map). All rides must start or end in Diamond Bar.
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Service Area 1: Trips to/from any destination within Diamond Bar city limits.
Service Area 2: Trips to/from approved medical facilities beyond Diamond Bar city limits in the area bound by the San Bernardino Freeway (I-10) to the north, Ramona Ave. to the east, Imperial Hwy./Carbon Canyon Rd./Chino Hills Pkwy to the south, and Harbor Blvd./Azusa Ave. to the west.
Trips to/from the following medical facilities are included in Service Area 2:
Pomona Valley Hospital Medical Center in Pomona, Providence St. Jude Medical Center in Fullerton, and Kaiser Permanente Baldwin Park Medical Center in Baldwin Park. Additionally, this includes associated medical facilities located within a half-mile radius of the campuses of these hospitals.
E. Approved Medical Facilities
Approved Medical Facilities are defined as those located in Service Area 2 (see Section D, Service Area 2) that provide direct in/outpatient medical, dental or vision services/appointments under the care of a licensed doctor, registered nurse, physician assistant, or physical therapist. Adult Day Care facilities do not qualify as an Approved Medical Facility in Service Area 2.
F. Number of Trips
Cardholders may schedule up to thirty (30) one-way trips (15 round trips) per month. Each point-to-point trip counts as a single trip towards the monthly limit.
G. Fares
All fares must be paid by the cardholder prior to the commencement of any trip.
1. Trips within the City (Service Area 1) - $0.50 one way ($1.00 round-trip)
2. Trips within medical service area (Service Area 2) - $1.50 one way ($3.00 round-trip)
3. Trips that extend beyond Service Area 1 that are non-medical in nature are treated as conversion trips. Riders will be charged a standard per mile rate of $3.25, in addition to the $0.50 base fare set for Service Area 1, after the Diamond Ride vehicle leaves the designated Service Area boundary.
Trips that extend beyond Service Area 2 that are medical in nature are treated as conversion trips. Riders will be charged a standard per mile rate of $3.25, in addition to the $1.50 base fare set for Service Area 2, after the Diamond Ride vehicle leaves the designated Service Area boundary.
Fares are subject to change at the discretion of the City Council.
H. Scheduling a Trip
Reservations may be made by calling dispatch at 800-578-6555. Diamond Ride cardholders may not request specific drivers.
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When scheduling a trip, Diamond Ride cardholders must provide:
• Their Diamond Ride identification number. The date, time and location of the requested pickup and destination.
• A special needs request for a wheelchair-accessible vehicle, if necessary.
Upon arrival of a Diamond Ride vehicle, cardholders must present their valid Diamond Ride identification card to the driver to confirm eligibility.
I. Response Time
Arrival time may vary within a forty-five (45)-minute window after the scheduled time. For example, a 9:00 a.m. scheduled pick-up may arrive between 9:00 a.m. to 9:45 a.m. The fare is waived if a Diamond Ride vehicle arrives more than 45 minutes after the Diamond Ride cardholder’s scheduled time.
Note: While every effort to arrive within the forty-five (45)-minute window will be made, arrival times may vary depending on traffic, peak travel times, service availability, or special requests, including the use of wheelchair-accessible vehicles.
Please schedule such trips accordingly.
J. Shared Rides
Diamond Ride dispatchers may schedule trips jointly with other Diamond Ride cardholders to promote efficiency. In the event of an "incremental shared ride," where a Diamond Ride vehicle picks up joint Diamond Ride cardholders successively and delivers them to the same or successive destinations, each Diamond Ride cardholder shall pay the respective trip fare based on the rates established in Section F, Fares.
K. Cancelling a Trip
Cancellations must be made at least one (1) hour before the scheduled pick-up time.
L. Suspension or Revocation of Diamond Ride Privileges
In cases of fraud or unauthorized use, the City of Diamond Bar reserves the right to suspend or revoke any Diamond Ride cardholder’s access to the service in accordance with the Diamond Ride Program Rules. Service suspensions last for thirty days (30) days, while revocations extend for two (2) years.
The City of Diamond Bar will notify Diamond Ride cardholders of any fraud or unauthorized use, as well as the intent to suspend or revoke service, via the United States Postal Service in accordance with the Diamond Ride Program Rules.
Diamond Ride cardholders who receive a notice of suspension or revocation have the right to appeal. To file an appeal, the Diamond Ride cardholder or their
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representative must submit a written explanation, along with supporting facts and statements, detailing why the suspension or revocation should not occur. Appeals must be received within fifteen (15) business days and sent to: City of Diamond Bar, Attn: Diamond Ride Program, 21810 Copley Drive, Diamond Bar, CA 91765.
Rulings by the City of Diamond Bar shall be deemed final.
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EXHIBIT “B”
As of the Effective Date of the Eighth Amendment the Following Pricing Shall Apply:
1. Flag Drop per trip: $3.00.
2. Per Mile: $3.25.
3. Wheelchairs: additional $5.00 per trip.
4. Administrative/Vehicle Sanitization: $2,500 per month.
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Diamond Ride Program Rules – Effective December 1, 2014 July 1, 2024 (Rev 7/21/16 6/18/24)
A. Hours & Days of Operation
Diamond Ride service is available seven (7) days a week, including holidays, from 7:00 a.m. to 8:00 p.m. Standard service hours of operation shall apply in all circumstances except: Standard service hours apply except in the following circumstances:
1. (1) Special Medical Exceptions: Trips to dialysis centers within the established medical boundary (Service Area 2) Service Area 1 and 2 may be scheduled and fulfilled outside the standard service hours. of operation.
2. (2) Holiday Ride: Holiday Ride is a This free seasonal program beginning runs from the day after Thanksgiving (“Black Friday”) and ending to January 2. During this period, Diamond Bar residents eighteen (18) years of age or older may schedule trips to and from Diamond Bar-based businesses at no charge. The Holiday Ride program is available from 7:00 a.m.-8:00 p.m. during the operational period.
B. Eligible Users
The service shall be Service is available to Diamond Bar residents who are:
1. (a) Sixty (60) years of age or older; or
2. (b) Disabled adults aged eighteen (18) years of age or older.
To participate enroll, residents must:
complete, sign, and meet all eligibility requirements of the Diamond Ride application and/or Diamond Ride Disability Eligibility Form, complete and sign the Waiver, Release and Discharge of Liability Form, and provide proof of current Diamond Bar residency (valid government issued identification card or utility bill). • Complete, sign, and meet all eligibility requirements of the Diamond Ride Application and/or Diamond Ride Disability Eligibility Form. • Provide proof of current Diamond Bar residency (valid government issued identification card or utility bill).
• Provide proof of age (valid Driver’s License, DMV Identification Card, or Birth Certificate).
• If enrolling as a participant with a disability, provide proof of disability, which includes verification with a written diagnosis that meets the requirements of CVC 295.5 or a disability card/document issued by the Veterans Administration, Department of Motor Vehicles, or Social Security Department. • Review and sign the Waiver, Release and Discharge of Liability Form.
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Upon completion, eEligible users shall be issued a uniquely numbered Diamond Ride identification card bearing the user’s name, address, telephone number, and photograph. Diamond Ride identification cards are valid for two (2) years from the date of issuance. It is the cardholder’s responsibility to renew his/her eligibility prior to the expiration date. Diamond Ride cardholders are responsible for renewing their eligibility before the card’s expiration date.
In the event an eligible user needs transportation to City Hall to receive a Diamond Ride identification card, a free complementary trip will only be authorized with prior submittal of a complete Diamond Ride application and waiver form to the City by mail, email, or fax. Diamond Ride applicants that are unable to provide the complete application must arrange for transportation to City Hall at their own expense.
If an eligible user needs transportation to City Hall to receive a Diamond Ride identification card, please contact the City Manager’s Office for accommodations.
For regular Diamond Ride vehicles, Diamond Ride cardholders must be able to enter and exit Diamond Ride vehicles on their own. If assistance is required, one (1) guest may accompany a Diamond Ride cardholder at no additional charge.
Diamond Ride drivers are not permitted to physically assist Diamond Ride cardholders with entry or exit from the vehicle.
For wheelchair-accessible vehicles, Diamond Ride cardholders may receive assistance from Diamond Ride drivers, if necessary, by opening the door, loading mobility devices and Diamond Ride cardholders onto the vehicle, and safely securing Diamond Ride cardholders inside the vehicle.
C. Guests
No more than one (1) guest may accompany a cardholder without paying a fare.
Cardholders may not schedule trips with the sole purpose of transporting a guest to/from any destination.
Only one (1) guest may accompany a cardholder without paying an additional fare.
Cardholders cannot schedule trips solely to transport a guest.
D. Service Area
Cardholders may schedule rides trips to destinations within one of two (2) established Service Areas (see map). All rides must originate or terminate start or end in Diamond Bar.
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Service Area 1: Trips to/from any destination within Diamond Bar city limits.
Service Area 2: Trips to/from approved medical facilities beyond Diamond Bar city limits in the area bound by the San Bernardino Freeway (I-10) to the north, Ramona Ave.nue/Mills Avenue to the east, Imperial Hwy./Carbon Canyon Rd./Chino Hills Pkwy oad to the south, and Harbor Blvd./Azusa Ave. to the west., with exceptions for trips to Pomona Valley Hospital/Medical Center in Pomona and St. Jude Hospital/Medical Center in Fullerton.
Trips to/from the following medical facilities are included in Service Area 2:
Pomona Valley Hospital Medical Center in Pomona, Providence St. Jude Medical Center in Fullerton, and Kaiser Permanente Baldwin Park Medical Center in Baldwin Park. Additionally, this includes associated medical facilities located within a half-mile radius of the campuses of these hospitals.
E. Approved Medical Facilities
Approved Mmedical Ffacilities are defined as those located in Service Area 2 (see Section D, Service Area 2) that provide direct in/outpatient medical, dental or vision services/appointments under the care of a licensed doctor, registered nurse, physician assistant, or physical therapist. Adult Day Care facilities do not qualify as an Approved Medical Facilityies in Service Area 2.
EF. Number of Trips
Cardholders may schedule up to thirty (30) one-way trips (15 round trips) per month.
Each point-to-point trip counts as a single trip towards the monthly limit.
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Note: Each point-to-point trip counts as a single trip toward the monthly limit.
FG. Fares
All applicable fares must be paid by the cardholder prior to the commencement of any trip.
1. (1) Trips within the City (Service Area 1) - $0.50 one way ($1.00 roundtrip)
2. (2) Trips within medical service area (Service Area 2) - $1.50 one way ($3.00 round-trip)
(3) Trips to a destination outside Service Area boundaries will be charged the standard commercial per-mile rate, or “cab conversion” fare for the remainder of the trip beyond the Service Area boundary.
3. Trips that extend beyond Service Area 1 that are non-medical in nature are treated as conversion trips. Riders will be charged a standard per mile rate of $3.25, in addition to the $0.50 base fare set for Service Area 1, after the Diamond Ride vehicle leaves the designated Service Area boundary.
Trips that extend beyond Service Area 2 that are medical in nature are treated as conversion trips. Riders will be charged a standard per mile rate of $3.25, in addition to the $1.50 base fare set for Service Area 2, after the Diamond Ride vehicle leaves the designated Service Area boundary.
Fares are subject to change at the discretion of the City Council.
GH.Scheduling a Trip
Reservations may be made by calling dispatch at 800-578-6555 (800-578-6555).
Diamond Ride cardholders may not request specific drivers.
When placing the call scheduling a trip, Diamond Ride cardholders must provide:
cardholders will be required to provide the dispatcher:
• A valid personal Diamond Ride card number. Their Diamond Ride identification number.
• The Ddate, time and location of the requested pickup and destination. • A special needs request for a wheelchair-accessible vehicle, if necessary.
Upon arrival of the taxicab a Diamond Ride vehicle, cardholders must present their valid Diamond Ride identification card to the driver to confirm eligibility. Cardholders may not request specific drivers.
I. Response Time
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Diamond Bar-based initial trips will be scheduled with a fifteen (15) minute pick-up window. Thus, if a customer schedules a trip for 9:00am, the taxi cab may arrive between 8:45am and 9:15am. Return trips will arrive within forty (40) minutes of the request. If a taxicab arrives more than forty (40) minutes after the cardholder’s reservation, the trip shall be free of charge.
Please note: While every effort to arrive within the forty (40) minute window will be made, trips scheduled during peak travel times or special requests, including the use of wheelchair accessible vehicles, may result in extended response times. Please schedule such trips accordingly.
Arrival time may vary within a forty-five (45)-minute window after the scheduled time.
For example, a 9:00 a.m. scheduled pick-up may arrive between 9:00 a.m. to 9:45 a.m. The fare is waived if a Diamond Ride vehicle arrives more than 45 minutes after the Diamond Ride cardholder’s scheduled time.
Note: While every effort to arrive within the forty-five (45)-minute window will be made, arrival times may vary depending on traffic, peak travel times, service availability, or special requests, including the use of wheelchair-accessible vehicles. Please schedule such trips accordingly.
J. Shared Rides
Diamond Ride dispatchers may schedule trips jointly with other Diamond Ride cardholdersriders to promote efficiency. Cardholders traveling to the same destination in the same taxicab may ride for a single fare per taxicab. In the event of an "incremental shared ride," where a taxicab Diamond Ride vehicle picks up joint travelers Diamond Ride cardholders successively and delivers them to the same or successive destinations, each Diamond Ride cardholder rider shall pay the respective full rider trip fare based on the rates established in Section F, Fares.
K. Cancelling a Trip
Cancellations must be made at least one (1) hour before prior to the scheduled pickup time. of your scheduled trip.
L. Suspension or Revocation of Diamond Ride Privileges
In the event of fraud or unauthorized use, the City reserves the right to revoke any Diamond Ride card. Users found to have fraudulently used program will be banned from Diamond Ride for a minimum period of two years.
In cases of fraud or unauthorized use, the City of Diamond Bar reserves the right to suspend or revoke any Diamond Ride cardholder’s access to the service in accordance with the Diamond Ride Program Rules. Service suspensions last for thirty days (30) days, while revocations extend for two (2) years.
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The City of Diamond Bar will notify Diamond Ride cardholders of any fraud or unauthorized use, as well as the intent to suspend or revoke service, via the United States Postal Service in accordance with the Diamond Ride Program Rules.
Diamond Ride cardholders who receive a notice of suspension or revocation have the right to appeal. To file an appeal, the Diamond Ride cardholder or their representative must submit a written explanation, along with supporting facts and statements, detailing why the suspension or revocation should not occur. Appeals must be received within fifteen (15) business days and sent to: City of Diamond Bar, Attn: Diamond Ride Program, 21810 Copley Drive, Diamond Bar, CA 91765.
Rulings by the City of Diamond Bar shall be deemed final.
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Agenda #: 5.7
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH WOODS MAINTENANCE SERVICES, INC. (DBA GRAFFITI
CONTROL SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT
SERVICES THROUGH JUNE 30, 2025.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with Woods Maintenance Services, Inc., to provide graffiti abatement services through June 30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Second Amendment is $36,900.
Sufficient funds are included in the FY 2024/25 budget for graffiti removal services.
BACKGROUND/DISCUSSION:
On April 6, 1993, the City Council adopted Ordinance 02(1993) adding Chapter 8.20 to the Diamond Bar Municipal Code authorizing the use of public funds to combat graffiti.
On July 1, 2020, the City entered into a three-year Maintenance Services Agreement with Woods Maintenance Services (“WMS”) to provide graffiti abatement services through FY 2022/23 for a not-to-exceed cost of $107,100, or $35,700 per year, and includes two one-year extension options. On July 1, 2023, the City exercised the first option, and increased the annual compensation to $36,900, or an increase of $100 per month, which the Contractor requested to cover increased fuel expenses.
The City and Contractor now desire to exercise the second and final one-year extension option. No increase in annual compensation is requested for the upcoming year.
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The proposed amendment serves the public’s interests in a prudent and fiscally responsible manner. WMS has provided consistently exemplary service to citizens of Diamond Bar. WMS’s service technicians know where the City’s “hot spots” are, and they often proactively remove all traces of a tagging incident before it is seen by our residents. Based on the service provider’s successful performance, it is recommended that the City Council grant the one-year extension through June 30, 2025.
LEGAL REVIEW:
The City Attorney has approved the attached Second Amendment to the Maintenance Services Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.7.a Second Amendment - Graffiti Control Systems
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SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“Second Amendment”) is made and entered into as of June 18, 2024 by and between the City of Diamond Bar, a municipal corporation (“City”), and Woods Maintenance Services, dba Graffiti Control Systems, a California Corporation (“Contractor”) with reference to the following:
A. The City and Contractor entered into that certain Maintenance Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and Contractor entered into that certain First Amendment dated as of July 1, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to as the “Agreement; and B. The City and Contractor desire to amend the Agreement to amend the agreement as provided herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Reserved.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. The First Amendment extended the Term up to and including June 30, 2024. This Second Amendment shall extend the Term up to and including June 30, 2025.
4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of ONE HUNDRED SEVEN THOUSAND ONE HUNDRED dollars ($107,100). The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of ONE HUNDRED FORTY-FOUR THOUSAND dollars ($144,000). The total not-to-exceed compensation of the Agreement is hereby amended to provide for an increase of THIRTY-SIX THOUSAND NINE HUNDRED dollars ($36,900) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed ONE HUNDRED EIGHTY THOUSAND NINE HUNDRED dollars ($180,900) without the prior authorization of the City.
5. Integration. This Second Amendment integrates all of the terms and conditions mentioned herein, and supersedes all negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Original
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Agenda #: 5.8
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR
LANDSCAPE PLAN CHECKING AND INSPECTION SERVICES
THROUGH JUNE 30, 2025.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve and authorize the City Manager to sign the Second Amendment to the Consulting Services Agreement with David Evans and Associates, Inc., granting the second of two optional one-year extensions to June 30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Consulting Services Agreement is $125,000 per fiscal year. Landscape plan checking and inspection services are funded through application and processing fees paid to the City by project applicants.
BACKGROUND:
David Evans and Associates, Inc. (DEA) has provided landscape plan checking and inspection services to the City since August 17, 2012. Throughout that time, the firm has consistently provided the City and project applicants with thorough, detail project reviews in a timely manner and continues to provide exemplary customer service to the City and its constituents.
The City’s current Consulting Services Agreement with DEA to provide landscape plan checking and inspection services was executed on July 1, 2020. That Agreement provided for an initial three-year term and allowed for the City to grant up to two (2) oneyear extensions. On August 1, 2024, the City executed a First Amendment to the Consulting Services Agreement.
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DISCUSSION:
In addition to extending the term of the agreement, the consultant is also requesting an increase in compensation to keep pace with inflation. Section 2 of the original agreement allows for annual increases in the consultant’s hourly rates, provided that such increases do not exceed the Consumer Price Index (“CPI”) for the Los Angeles/Long Beach/Anaheim metropolitan area for the month immediately preceding the Adjustment Date (the “Index Month”) as reported by the Bureau of Labor Statistics of the United States Department of Labor. Although DEA was eligible for an annual CPI increase after the first year of the agreement, this is the first year that the consultant requested an increase, and is asking that the new rates be based on the aggregate CPI increase starting from the original execution of the agreement. The table below shows what the progression of rate increases would have been if DEA exercised its option on an annual basis, and confirms that the requested increases in the consultant’s hourly rates are in line with the CPI:
Proposed Hourly Rates
DEA continues to provide thorough and timely landscape plan review services, ensuring that planting and irrigation system designs comply with the City and State’s complex water efficient landscape requirements, and continues to provide outstanding customer service to all stakeholders. Therefore, it is recommended that the City Council approve the second one-year extension through June 30, 2025, including an increase in hourly rates.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Second Amendment to the Consulting Services Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.8.a Second Amendment to Consulting Services Agreement with DEA, Inc.
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1 SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR
LANDSCAPE PLAN CHECK CONSULTING SERVICES
This Second Amendment to Consulting Services Agreement (“Second Amendment”) is executed as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and David Evans and Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consulting Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and Consultant entered into that certain First Amendment dated as of August 1, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to as the “Agreement;” and
C. The City and the Consultant desire to amend the Agreement as provided herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. The First Amendment extended the Term up to and including June 30, 2024. This Second Amendment extends the Term up to and including June 30, 2025.
3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in “Agreement.” The hourly rates of Consultant staff time are hereby amended to provide for an increase based on Consumer Price Index (“CPI”) for the Los Angeles/Long Beach/Anaheim metropolitan areas pursuant to Section 2 of the Original Agreement. The rates applicable to the extended term commencing July 1, 2024 shall be pursuant to the fee schedule attached hereto as Exhibit “A.”
4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control.
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2 IN WITNESS hereof, the parties enter into this Second Amendment on the year and day as first set forth above.
"Consultant" "City"
DAVID EVANS AND ASSOCIATES, INC. CITY OF DIAMOND BAR
4141 East Inland Empire Blvd. Suite 250 21810 Copley Drive Ontario, CA 91764 Diamond Bar, CA 91765
Attn: Kim S. Rhodes, Vice President Attn: Dan Fox, City Manager Phone: 909-481-5750 Phone: 909-839-7010
Email: [email protected] Email: [email protected] By: ______ By: ____
Kim S. Rhodes, Vice President Dan Fox, City Manager
ATTEST:
____
Kristina Santana, City Clerk
Approved as to form:
By:____
Omar Sandoval, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
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3 Exhibit “A”
Rate Schedule
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4141 East Inland Empire Boulevard Suite 250 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.481.5757 Rates Effective through June 30, 2025.
Classification Hourly Rate
Senior Project Manager $186.00
Senior Landscape Architect $186.00
Senior Irrigation Specialist $165.00
Senior Landscape Designer $165.00
Landscape Designer $132.00
Accounting $102.00
Reimbursable Expenses: Client shall pay the costs plus 15% for any applicable governmental fees, title company charges, outside vendor reproduction costs, in-house reproduction costs, mileage, printing, postage, and delivery or messenger services incurred on Client’s behalf.
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Agenda #: 5.9
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PRINTING AND MAILING SERVICES FOR THE CITY NEWSLETTER AND RECREATION GUIDE WITH DIRECT CONNECTION.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve and authorize the City Manager to issue a Purchase Order to Direct Connection for printing and mailing services in the not-to-exceed amount of $78,820 for FY 2024/25.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for Fiscal Year 2024/25 would be $78,820. Sufficient funds are included in the Fiscal Year 2024/25 Community Relations’ Operating Budget to cover such expenditures.
BACKGROUND:
The City’s monthly newsletter, Diamond Bar Connection, is a valuable communication tool used to keep residents and businesses informed about City projects, programs and services. Diamond Bar Connection is produced as a four-page publication five times a year, to a six-page publication four times a year, and increased a 32-page publication in April, August and December to include the seasonal recreation guide. It is mailed to approximately 22,100 Diamond Bar residential and business addresses, with extra copies printed for placement on information racks in various City facilities and distribution at community events throughout the year.
ANALYSIS:
To accommodate the printing and mailing of newsletter and recreation guide, the Community Relations Division solicited proposals from qualified commercials printers through the PlanetBids portal. Five printers responded to the request for proposals, with
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the lowest responsive bid received from Direct Connection. Direct Connection is a fullservice printing, bindery and mail service provider located in La Verne that has been printing the City’s newsletter since August 2020. It is worth noting that, in compliance with CalRecycle's SB 1383 regulations, printing done this year will be on 30% postconsumer recycled content paper.
The total expenditure requested for printing and mailing of the Diamond Bar Connection newsletter for Fiscal Year 2024/25 is $78,820 which covers the bid price of $71,654.55 plus a 10 percent contingency ($7,165.45).
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.9.a FY 2025 Newsletter Rec Guide Printing Quotation Worksheet 6-3-2024
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Cecilia Arellano
Phone Number:
1 Address
2 Address
3 Address
Description: Quantity: Unit Price: Unit Price Unit Price 4-Page
Newsletter 5 $ 2,709.50 $ 4,141.48 $ 4,876.67
6-Page
Newsletter 4 $ 4,275.20 $ 5,240.83 $7,179.45
32-Page
Rec Guide 3 $ 13,668.75 $ 12,901.88 $ 16,813.00
Subtotal: Subtotal: Subtotal:
Freight: Freight: Freight:
Sales Tax: Sales Tax: Sales Tax:
TOTAL: $ 71,654.55 TOTAL: $ 80,376.36 TOTAL: $ 103,540.15 $ 71,654.55 $ 80,376.36 $ 103,540.15
$ - $ - $ -
$ 41,006.25 $ 38,705.64 $ 50,439.00
$ 13,547.50 $ 20,707.40 $ 24,383.35
$ 17,100.80 $ 20,963.32 $ 28,717.80
BID/QUOTE TABULATION
DIRECT CONNECTION ADVANTAGE MAILING MARINA GRAPHIC CENTER Total: Total: Total:
MARINA GRAPHIC CENTER 4/19/2024
12901 CERISE AVE., HAWTHORNE, CA 90250 Contact: BOB RUIZ 1600 N. KRAEMER BLVD., ANAHEIM, CA 92306 Contact: SCOTT OGLE ADVANTAGE MAILING 4/23/2024 909-633-9090
DIRECT CONNECTION 4/23/2024 909-392-2334
1538 E. ARROW HIGHWAY, LA VERNE, CA 91750 Contact: CHRIS HODGMAN Description of Item(s) or Service(s): Quantity:
Printing and mailing services for fiscal year 2025 - five 4-page newsletters, four 6-page newsletters, and three 32-page recreation guides.
Vendor Name Date of Quote Method (email/fax/phone)
Extension: Date: 6/3/24
Account Number: 100-240-52110
City of Diamond Bar
BID /QUOTATION WORKSHEET FORM
Attach Written Bids from Vendors To This Form
Employee Name: Dept./Div.: Community Relations
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Cecilia Arellano
Phone Number:
4 Address
5 Address
Address
Description: Quantity: Unit Price: Unit Price Unit Price 4-Page
Newsletter 5 $ 5,008.68 $ 5,583.75
6-Page
Newsletter 4 $6,344.48 $ 7,624.60
32-Page
Rec Guide 3 $23,704.27 $ 21,534.78
Subtotal: Subtotal: Subtotal:
Freight: Freight: Freight:
Sales Tax: Sales Tax: Sales Tax:
TOTAL: TOTAL: TOTAL:
$ -
City of Diamond Bar
Employee Name: Dept./Div.:
Extension: Date:
Attach Written Bids from Vendors To This Form
$ 25,377.92
$ 27,918.75
$ 123,021.49
Total:
$ -
$ 123,021.49
BID /QUOTATION WORKSHEET FORM
$ 121,534.13
Total:
$ 71,112.81
$ 121,534.13
$ -
$ 25,043.40
$ 64,604.34
$ 30,498.40
Vendor Name Date of Quote
4/23/2024 909-305-8800
4/25/2024
Contact:
Method (email/fax/phone)
DAY & NITE PRINTING AND GRAPHICS
456 S. SAN DIMAS AVE., SAN DIMAS, CA 91773
937 PINE AVENUE, LONG BEACH, CA 90813
Total:
Contact:
909-595-1108
Description of Item(s) or Service(s):
Printing and mailing services for fiscal year 2025 - five 4-page newsletters, four 6-page newsletters, and three 32-page recreation guides.
KEN BURTON
CALIFORNIA DESIGN, PRINTING AND MAILING
Community Relations
Quantity:
Account Number: 100-240-52110
Contact: YAMIT RATANJEE
BID/QUOTE TABULATION
CALIFORNIA DESIGN,
PRINTING AND MAILING
DAY & NITE PRINTING AND
GRAPHICS
6/3/24
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Agenda #: 5.10
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC. FOR FISCAL YEAR 2024/25.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC, for Federal advocacy services through June 30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The amount is based on a monthly retainer of $4,000 plus up to $2,500 in direct expenses.
The Fiscal Year 2024/25 Operating Budget includes sufficient funds for such services.
BACKGROUND:
Prince Global Services, LLC, (PGS) has been providing Federal advocacy services directly to the City since 2017. The main focus of the Consultant's services has been on the City's efforts in collaboration with the local, regional, and federal partners to secure funds and support for the State Route SR-57/SR-60 Confluence Project (Project). Over the years, the City has been actively pursuing funding opportunities to expedite the Project delivery to ensure that the Project progresses without a suspension. These efforts led to the successful completion of the construction of Phases I and II of the Project, the design of Phase III, and filling the funding gap of the Phase III construction.
Now that Phase III of the Project is fully funded and the construction work has commenced, the City will consider focusing on the missing Westbound SR-60 Direct Connector to the Grand Avenue component (WB Connector). The WB Connector was recommended by the 2017 SR-57/SR-60 Confluence Project Supplemental Needs Study (Study). The Study was supported by the City and other local and regional
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agencies and implemented by the Southern California Association of Governments (SCAG).
Additionally, the City is actively pursuing funding for various projects, including multiple parks projects at the Federal level, with support provided by PGS.
DISCUSSION:
On July 20, 2023, the City Council approved an agreement with the Consultant for Federal advocacy services. That agreement is set to expire on June 30, 2024. As a continuation of the advocacy work and consistent with the City's 2024-2027 Strategic Plan, PGS submitted a proposal in response to the City's request (Exhibit "A"). The Consultant's proposed scope of work for the Fiscal Year 2024/25 includes, but is not limited to, the following:
1. Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters that support the City’s Federal priorities.
2. Facilitate requests for Congressional earmarks to support City infrastructure projects, such as parks and community centers.
3. Support future City applications for funding from the Department of Transportation (DOT) and other agency discretionary grant programs;
4. As necessary and requested, continue advocating for the 57/60 Confluence Project before Congress and the Department of Transportation (DOT), as the Project's mainline improvements are underway and the City, LA Metro and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by DB;
5. Monitor and engage pertinent Congressional consideration of legislation that is of interest to the City;
6. Continue advocating for other policy measures and legislation that will assist the City in securing Federal funding to support local priorities;
7. Consider and monitor other legislation, regulations, and agency actions that would benefit or affect the City;
8. Consider and coordinate Congressional and DOT site visits to the City and otherwise as appropriate; and
9. Plan and coordinate the City’s visits to Washington, DC, as directed and recommend other visits when appropriate.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.10.a Agreement with Prince Global Solutions LLC (FY 2024/25)
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 18, 2024, by and between the City of Diamond Bar, a municipal corporation ("City") and Prince Global Solutions, LLC ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
Director of Public Works/City Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall continue until June 30, 2025 ("Term"), unless earlier terminated pursuant to the provisions herein.
3. Compensation.
A. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A".
B. The City shall pay Consultant a retainer in monthly increments of $4,000.
C. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty thousand five hundred ($50,500) without prior written consent of the City. This amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.
D. Notwithstanding the above, if the City requests Consultants to travel, Consultant shall, upon submission of receipts evidencing the cost incurred, be paid for necessary and reasonable travel expenses in an amount not to exceed $2,500.
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4. Payment.
A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
C. Payment will be made only after submission of proper invoices.
D. City will pay Consultant the amount property invoiced within 30 days of receipt, which sum shall be paid within 30 days of completion of the work.
E. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 2 Professional Services – Non-Design
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C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.
D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section.
8. Standard of Performance. Consultant shall • perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination
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of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement;
(2) Property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof.
Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.
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D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach, G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.
Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
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for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement.
Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 6 Professional Services – Non-Design
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16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.
20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 7 Professional Services - Non Design
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21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.
23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
24. Reserved.
25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
"CONSULTANT" "CITY"
Prince Global Solutions, LLC
P.O. Box 711572
Herndon, VA 20171
Attn.: Kevin Jones
Phone: (202) 550-9800
E-mail: [email protected]
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Daniel Fox, City Manager
Phone: (909) 839-7010
E-mail: [email protected]
8 Professional Services - Non Design
1292531.1
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County.
28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
“Consultant” “City”
Prince Global Solutions, Inc. CITY OF DIAMOND BAR
By: By:
Printed Name: Kevin D. Jones, Esq. Daniel Fox, City Manager Title: President and Sole Corporate Officer
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:______________________
Omar Sandoval, City Attorney
''NOTE: if Consultant is a corporation, the City requires the following signature(s):
(1) the Chairman of the Board, the President or a Vice President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
9 Professional Services – Non-Design
129253
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Exhibit “A”
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
PGS
Prince Global Solutions, LLC
SCOPE OF WORK -- FEDERAL ADVOCACY SERVICES
CITY OF DIAMOND BAR, CA
JULY 1, 2024 -- JUNE 30, 2025
The following Scope of Work (and Cost Statement) sets forth the role of Kevin Jones and Prince Global Solutions (PGS) in pursuing the City of Diamond Bar’s Federal goals and objectives, consistent with the values and priorities established in the City’s FY 2024-2027 Strategic Plan.
Through continuous engagement in Washington on Federal legislation and regulation, the Federal Budget, Federal funding and grants, Federal policy development and Federal Agency activity, the City will be promoting the development of a safe, sustainable and healthy Diamond Bar community through the efficient and visionary pursuit and stewardship of public resources.
Summary and Priority Actions
This Scope of Work delineates the goals, priority actions, general legislative matters, day-today responsibilities and costs for the City of Diamond Bar’s (DB) Federal Government Affairs Representative -- Kevin Jones (PGS) -- from July 1, 2024 through June 30, 2025.
PGS expects to focus on the following activities in furtherance of DB’s Washington objectives over the next calendar year. As always, this list will necessarily change during the course of the year:
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
1) Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters which support DB's Federal priorities.
2) Facilitate requests for Congressional earmarks to support various DB infrastructure projects;
3) Support future DB applications for Federal funding from DOT and other agency discretionary grant programs;
4) As necessary and requested, continue advocating for the 57/60 Confluence Project before Congress and the Department of Transportation (DOT), as the Project's mainline improvements are underway and DB, LA Metro and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by DB;
5) Monitor and engage pertinent Congressional consideration of legislation that is of interest to DB;
6) Continue advocating for other policy measures and legislation that will assist DB in securing Federal funding to support local priorities;
7) Consider and monitor other legislation, regulations and agency actions that would benefit or affect DB;
8) Consider and coordinate Congressional and DOT site visits to DB and otherwise as appropriate; and
9) Plan and coordinate DB visits to Washington, DC as directed and recommend other visits when appropriate.
Cost Statement – 2024-25
To accomplish the goals and objectives set forth in this Scope of Work, PGS proposes compensation in the form of a fixed fee monthly retainer of $4,000. If DB requires Kevin Jones to travel in furtherance of this Scope of Work, DB will reimburse PGS for necessary and reasonable travel expenses in an annual amount not to exceed $2,500.
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
Legislative Matters and Day-to-Day Activities
To support the above-described Scope of Work, PGS will consider and monitor a variety of legislative matters, including, but not limited to, the following:
1. Consideration of Federal infrastructure investment laws and legislation.
2. Congressional appropriations-related earmarks and legislation;
3. Federal matters that are pertinent to important local DB objectives and priorities, such as transportation and park development projects.
4. Federal transportation law and related policy initiatives, including, but not limited to:
a. Reauthorization of Federal transportation law;
b. Annual Transportation, Housing & Urban Development Appropriations Bill, which includes funding for transportation and park development projects;
c. Freight and goods movement initiatives;
d. Issues of significance to national trade gateways and trade corridors. e. Measures to increase efficiency in transportation project development, delivery, design and construction;
f. Innovative financing proposals;
g. Consideration of public-private partnerships to support transportation projects;
h. Proposals to create new transportation loan and grant programs and to expand or constrict existing programs;
i. Transportation-related air quality and environmental review measures.
As described in detail below, PGS will keep DB informed about pertinent developments on a regular basis and propose options for direct actions in furtherance of DB’s objectives:
Regular Communications, Strategy Formulation and Execution • Regularly communicate with DB staff on all matters, utilizing whatever means are preferred by DB and are most practicable under the circumstances. This will include telephone calls, e-mails, and text messages.
• Agree upon strategic objectives with DB staff and modify as needed. • Regularly agree upon execution plans with DB staff.
• Regular telephone conferences to provide updates on DC activities. • Provide a monthly summary of activities.
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
Relationship Building and Maintenance
• Build and maintain relationships with Congressional and Executive Branch staff is dictated by the strategy and execution plans approved by DB. • Establish general guidelines and priorities for regular interaction with such staff in consultation with DB.
• Balance contacts with Congressional and Executive Branch staff • Coordinate the timing of these contacts.
• Manage DC message points based on priorities set by DB. • Regular reporting to DB regarding the interaction with Congressional and Executive Branch staff.
• Arranging regular interaction for Congressional and Executive Branch staff with DB officials wherever appropriate and possible.
• Place particular emphasis on developing strong working relationships with DB’s Member of Congress and California Senators, as well as strategic alliances with other Members of the California Congressional delegation, especially those from DB’s region.
Intelligence Gathering and Monitoring of Federal Legislation and Regulations • Accumulate information relevant to DB’s goals from:
o Personal Interaction with Congressional and Executive Branch staff, (meetings, telephone conferences, and electronic communications),
o Congressional hearings and markups and
o Executive Branch rulemakings, announcements regarding Federal funding availability, webinars, etc...
• Monitor, research and analyze pertinent Federal legislation. • Monitor, research and analyze pertinent Federal regulations. • Regularly analyze and report to DB on gathered intelligence. • Regularly analyze and report to DB on the status and substance of pertinent legislation and regulations.
Monitoring, Analyzing and Pursuing Relevant Funding Opportunities • Actively monitor and analyze relevant Federal funding opportunities for DB at the Congressional and Executive Branch levels.
• Advise DB of specific funding opportunities as they arise and recommend strategies for pursuing those opportunities.
• Assist DB in the process of requesting and applying for Federal funding. • Provide strategic and logistical support for all requests and applications as appropriate.
Monitoring, Analyzing and Impacting Relevant Policy Making Activities • Actively monitor and analyze legislative and regulatory initiatives, particularly those that DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
[email protected]
202-550-9800
may affect the allocation of relevant Federal funding.
• Advise DB when it would be in its best interest to weigh in on such initiatives. • Devise strategies for engaging this process.
Interaction with Trade Groups and Representation at DC Events • Serve as DB’s representative in connection with relevant trade associations and relevant DC events.
• Strategize with DB about how best to leverage the relationship with an association and other organizations to further DB’s interests.
• Provide information regarding DB and inform of DB policy positions. • Participate in strategy formulation that furthers DB’s best interests. • Work with DB to ensure that DB’s interests remain paramount throughout these interactions.
Planning of DB Visits to Washington
• At the direction of DB, propose and develop a schedule of meetings for DB officials in Washington as needed.
• Agree upon substantive strategy and message points for each meeting. • Contact Congressional and Executive Branch staff to request meetings. • Gather intelligence from Congressional and Executive Branch staff while arranging meetings to assist in strategy formulation and crafting message points. • Adjust meeting schedule as necessary based on intelligence gathered. • Coordinate timing of meetings.
• In consultation with DB, prepare and distribute white papers and other materials that will inform Federal officials about issues to be discussed during the meetings.
Planning of Visits to DB by Congressional Members, Executive Branch Officials and their Respective Staffs
• As appropriate and practicable, propose and coordinate visits to DB by Federal officials to provide them with first hand exposure to various priority issues of Federal import affecting DB.
• Work with DB to identify prospective visits.
• Extend invitations and work with DB to plan agendas and logistics. • Agree upon substantive strategy and message points for the visits.
DocuSign Envelope ID: 3B966D69-9B44-4B98-835F-3774FD4E16EF
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Agenda #: 5.11
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH MCE CORPORATION
FOR STREET MAINTENANCE AND VEGETATION CONTROL
SERVICES THROUGH JUNE 30, 2027.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Street Maintenance and Vegetation Control Services Agreement with MCE Corporation for an initial three year term through June 30, 2027.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for FY 2024/25 and FY 2025/26 would be $255,000. Sufficient funds are included in the adopted FY 2024/25 Public Works Operating Budget to cover the cost of such services. Adjustments to the not-toexceed amounts for FY 2026/27 and any subsequent years within the Agreement Term would be limited to the Consumer Price Index (CPI) and subject to the approval of the City Manager.
BACKGROUND:
The City contracts for street maintenance and vegetation control services to ensure that all streets, sidewalks, parkways, and other public properties within the right-of-way are regularly maintained. The scope of services provided through this contract includes some of the following tasks:
• Removal of illegal dumping and litter pickup;
• Removal of trash overflow at bus stops (as-needed);
• Storm patrol, inspection and debris cleanup;
• Spill cleanups (emergency response);
• Brush removal, tree pruning, and tree staking;
5.11 Packet Pg. 129
• Manual weed control and weed spraying;
• Sidewalk cleaning via backpack blower (prior to street sweeping); • Pine needle pickup and removal (supplemental to street sweeping); • Drainage v-ditch and catch basin debris removal and cleaning; and • Cleaning of paved medians, crosswalks, and decorative amenities.
The contractor follows a routine schedule and their performance is supervised by the Public Works Department.
MCE Corporation is the City’s current vendor for this contract service, and their existing agreement is set to expire on June 30, 2024.
ANALYSIS:
On April 25, 2024, a Request for Proposals (RFP) was released for Street Maintenance and Vegetation Control Services through the City’s online bidding platform (PlanetBids).
Upon closure of the RFP, only one proposal was received from MCE Corporation (“MCE”). Although no other proposals were received, staff still evaluated this proposal against the current contract to appraise the overall costs for these contract services.
The current contract's annual not-to-exceed amount is $190,000. The proposed not-toexceed amount for FY 2024/25 and FY 2025/26 services is $255,000 per fiscal year, which is a 34% overall cost increase.
It is important to note that the annual contract budget includes funding for certain tasks that are only to be performed on an as-needed basis, which are ordered at the discretion of the Public Works Department. Standby availability for special events and after-hours emergency responses are a few examples of the on-call services provided in this contract.
MCE has provided street maintenance and vegetation control services to the City since July 2000. Furthermore, MCE also provides landscape maintenance services under a separate contract for LLADs 38, 39, and 41.
A short form of the MCE proposal is attached as Exhibit “A” to the proposed agreement.
It is recommended that the City Council approve a three-year agreement, with a threeyear extension option, with MCE Corporation, with a FY 2024/25 and FY 2025/26 notto-exceed amount of $255,000 per fiscal year, and subsequent years to be increased by no more than CPI and subject to the approval by the City Manager.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.11.a Contract
2. 5.11.b MCE Proposal
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1715351.1
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as June 18, 2024 by and between the City of Diamond Bar, a municipal corporation ("City") and MCE Corporation, a California corporation ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the Street Maintenance and Vegetation Control Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
Jorge Garcia, Street Maintenance Superintendent (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager.
2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall continue until June 30, 2027 (“Term”), unless earlier terminated pursuant to the provisions herein.
The City shall have the option to extend this Agreement for one (1) additional three (3) year term subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Contractor’s compensation shall be subject to an adjustment upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month.
3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. For Fiscal Year 2024/25 and Fiscal Year 2025/26, the total payment to Contractor pursuant to this Agreement shall not exceed Two Hundred Fifty-Five Thousand Dollars and Zero Cents ($255,000.00) per fiscal year without the prior written consent of the City.
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Compensation for Fiscal Year 2026/27 will be subject to an increase negotiated between the City and the Contractor, but in no event shall the increase exceed the amount of the Consumer Price Index (“CPI”) for the Los Angeles-Long Beach-Anaheim metropolitan area for the month immediately preceding the Adjustment Date (the “Index Month”) as reported by the Bureau of Labor Statistics for the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month.
Any exercise of an option to extend the Term of this Agreement, compensation shall increase by the amount negotiated between the City and the Contractor as per Section 2 of this Agreement. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses.
4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor.
6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The City's Request for Proposal, dated April 4, 2024; and (c) Contractor’s Proposal dated April 25, 2024.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.
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B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.
D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.
9. Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City.
10. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and
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(2) Any and all claims arising out of Contractor's performance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind.
11. Insurance.
A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater.
B. The Indemnitees shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.
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D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.
12. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects.
13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information
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(collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.
14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015.
This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
17. Non-Discrimination and Equal Employment Opportunity.
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A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
19. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this
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1715351.1
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
24. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.
25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONTRACTOR” “CITY”
MCE Corporation City of Diamond Bar
4000 Industrial Way 21810 Copley Drive
Concord CA 94520 Diamond Bar, CA 91765-4178
Attn.: Jeff Core Attn.: Jorge Garcia
Phone: (925) 803-4111 Phone: (909) 839-7046
E-Mail: [email protected] E-mail: [email protected]
26. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.
27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
28. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
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1715351.1
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Contractor"
MCE Corporation
By: ______
Printed Name: Jeffrey Core
Title: President/ CEO
By:
Printed Name: Vince Cudia
Title: Director of Operations -Maintenance
State of California "Contractor's" License No. 439295 .
Contractor's Business Phone _ (925) 803-4111______.
Emergency Phone __ (909) 973-7162_ at which Contractor can be reached at any time. ffiM
"City"
City of Diamond Bar
By:
Dan Fox, City Manager
ATTEST:
Kristina Santana, City Clerk
Approved as to form:
By:
Omar Sandoval, City Attorney
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1715351.1
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
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Request for Proposals
Street Maintenance and Vegetation Control Services
City of Diamond Bar
Public Works Department
21810 Copley Drive
Diamond Bar, CA 91765
Submitted By: MCE Corporation
6805-B Sierra Court
Dublin, California 94568
Due: Thursday, April 25, 2024
By 2:00 PM
Attn: Jorge Garcia
Street Maintenance Superintendent
Original
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STREET MAINTENANCE/VEGETATION CONTROL SERVICES
1 of 2
ATTACHMENT #3
COMPENSATION SCHEDULE
ACTIVITY TO BE BILLED AS HOURLY FOR A TWO-MAN CREW AS DETERMINED BY THE CITY.
RIGHT-OF-WAY/STREET MAINTENANCE ACTIVITIES
ACTIVITIES SCHEDULE PER
MONTH
ESTIMATED
ANNUAL HOURS
ESTIMATED
ANNUAL COST
LITTER PICKUP 2-TIMES 480 $22,080.00
EMPTY BUS STOPS OVERFLOW
TRASH RECEPTACLES
AS NEEDED 52 $2,392.00
ILLEGAL DUMP REMOVAL PER REQUEST 52 $2,392.00
SPILL CLEANUP PER REQUEST 24 $1,104.00
STORM PATROL INSPECTION/
CLEANUP
RAINY DAYS 96 $4,416.00
RESIDENTIAL SLOTTED CROSS
GUTTERS CLEANUP
PER REQUEST 192 $8,832.00
SPECIAL EVENTS PER REQUEST 8 $368.00
CALTRANS ON/OFF RAMPS LITTER
REMOVAL
1-TIME 192 $8,832.00
SUBTOTAL ANNUAL COST: $50,416.00
VEGETATION MAINTENANCE ACTIVITIES
ACTIVITIES SCHEDULE PER
MONTH
ESTIMATED
ANNUAL HOURS
ESTIMATED
ANNUAL COST
BRUSH REMOVAL 1-TIME 480 $22,080.00
TREE PRUNING 1-TIME 52 $2,923.96
TREE SUCKERS PRUNING 2 TIMES 96 $5,398.08
TREE STAKING PER REQUEST 24 $1349.52
TREE WELL COVERS PER REQUEST 8 $368.00
MANUAL WEED CONTROL AS NEEDED 8 $368.00
SPOT SPRAY WEEDS AS NEEDED 192 $8,832.00
PRE-EMERGENT WEED SPRAY 1 TIME PER YEAR 4 $184
BACKPACK BLOWER - SIDEWALK
CLEANING (DAY PRIOR TO STREET
SWEEPING) 2 TIMES
1856 $85,376.00
CLEAN/SWEEP PAVED MEDIANS 1 TIME 192 $8,832.00
V-DITCH CLEANING PER REQUEST 8 $368.00
SUBTOTAL ANNUAL COST: $136,079.56
GRAND TOTAL: $186,495.56
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STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE
2 of 2
ATTACHMENT #3
TIME AND MATERIALS RATES
LABOR RATES PER HOUR REGULAR OVERTIME HOLIDAY
SUPERVISOR $65.00 $97.50 $130.00
LEAD PERSON $40.00 $60.00 $80.00
WORKER I $37.50 $56.25 $75.00
WORKER II $35.00 $52.50 $70.00
WORKER III $32.50 $48.75 $65.00
EQUIPMENT RATES PER HOUR HOURLY RATE
LANDSCAPE DUMP TRUCK $12.50
PICKUP TRUCK $11.00
BACKPACK BLOWER $3.45
HEDGE TRIMMER $5.10
CHAIN SAW $5.10
BRUSH/WEED CUTTER $4.99
PREVAILING WAGE HOURLY ACTIVITIES
ACTIVITIES LABOR RATES
PER HOUR
TRAFFIC CONTROL $191.10 for 2-Person Crew
POTHOLE PATCHING $191.10 for 2-Person Crew
TRAFFIC SIGNS & ROAD MARKINGS $197.14 for 2-Person Crew
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SERVICE AREAS
A. ARTERIAL STREET MAINTENANCE
x Grand Ave, from City Limits to City Limits
x Diamond Bar Blvd, from Temple Ave to SR-57/Brea Canyon Rd x Brea Canyon Cut-Off, from SR-57/Brea Canyon Rd to City Limits x Brea Canyon Rd, from City Limits to City Limits
x Golden Springs Dr, from Avenida Rancheros to City Limits x Temple Ave Southside, from SR-57 to City Limits
x Chino Ave, from Chino Hills Pkwy to City Limits
x Chino Hills Pkwy, from City Limits to City Limits
x Pathfinder Rd, from Diamond Bar Blvd to Canyon Ridge Ln x Lemon Ave, from Golden Springs Dr to City Limits
B. COLLECTOR/RESIDENTIAL STREETS MAINTENANCE
x Sunset Crossing Rd, Northside from Diamond Bar Bl to Chaparral Dr x Sunset Crossing Rd, Southside from Diamond Bar Bl to First Residential Home x Sunset Crossing Rd, Cul-de-Sac YMCA
x Beaverhead Dr Cul-de-Sac, West of North Palo Cedro Dr x Carpio Dr Northside, from Golden Springs Dr to First Residential Home x Carpio Dr Southside, from Golden Springs Dr to Silver Spray Dr x South Prospectors Rd, from Golden Springs Dr to SR-60/57 Overpass x Goldrush Dr Southside, from Diamond Bar Bl to First Residential Home x Tin Dr, from Diamond Bar Blvd to Great Bend Dr
x Steep Canyon Rd, from Diamond Bar Bl to Clear Creek Canyon Dr x Clear Creek Canyon Dr Cul-de-Sac, to Steep Canyon Rd
x Mountain Laurel Wy, Southside from Diamond Bar Bl to First Residential Home x Silver Rain Dr Cul-de-Sac, South of Bent Oak Rd
x Castle Rock Rd Cul-de-Sac, South of Silver Buller Dr
x Fallowfield Dr Northside, from Brea Canyon Cut-Off to Pasco Ct x Fallowfield Dr Eastside, from Riego Dr to End of Cul-de-Sac x Autumnglow Dr Cul-de-Sac, at Fernhollow Dr
x Rapidview Dr Eastside, from End of 1322 address to Cul-de-Sac x Calbourne Dr, from Golden Springs Drive to Gernside Pl x Calpet Drive, North of 20594 Address Empty Lot
x Washington St, from Brea Canyon Road to End of Cul-de-Sac x Via Sorella, from Brea Canyon Rd to End of Cul-de-Sac x Prospectors Rd, Center Paved Median
x Palomino Dr, Center Paved Medians
C. FREEWAY RAMPS – LITTER REMOVAL MAINTENANCE (FIRST 100 FEET ONLY) x SR-57 Southbound off-ramp at Temple Ave
x SR-57 Southbound on-ramp at Sunset Crossing Rd
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x SR-57 Northbound off-ramp at Sunset Crossing Rd
x SR-57 Northbound on-ramp at Diamond Bar Blvd
x SR-60 Westbound on-ramp at Diamond Bar Blvd
x SR-60 Westbound off-ramp at Diamond Bar Blvd
x SR-60 Eastbound on-ramp at Diamond Bar Blvd
x SR-60 Eastbound off-ramp at Diamond Bar Blvd
x SR-60 Eastbound on-ramp at Grand Ave
x SR-60 Eastbound off-ramp at Grand Ave
x SR-60 Westbound off-ramp at Brea Canyon Rd
x SR-60 Westbound on-ramp at Brea Canyon Rd
x SR-60 Eastbound off-ramp at Golden Springs Dr
x SR-60 Eastbound on-ramp at Golden Springs Dr
x SR-60 Eastbound on-ramp at Lemon Ave
x SR-60 Eastbound off-ramp at Lemon Ave
x SR-60 Westbound on-ramp at Lemon Ave
x SR-57 Northbound on-ramp at Pathfinder Rd
x SR-57 Northbound off-ramp at Pathfinder Rd
x SR-57 Southbound on-ramp at Pathfinder Rd
x SR-57 Southbound off-ramp at Pathfinder Rd
x SR-57 Northbound on-ramp at Brea Canyon Cut-Off
x SR-57 Northbound off-ramp at Brea Canyon Cut-Off
x SR-57 Southbound off-ramp at Brea Canyon Cut-Off
x SR-57 Southbound on-ramp at Brea Canyon Cut-Off
D. AS-NEEDED RESIDENTIAL MAINTENANCE ACTIVITIES (PER REQUEST) x Clean Slotted Cross Gutters
x Tree Suckers Pruning
x Tree Pruning/Skirting for Pedestrians (8ft)/Street Sweeper (16ft) Clearance
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Agenda #: 5.12
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AUTHORIZATION TO SUBMIT A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017 FOR FY 2024/25.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2024-22 authorizing the submission of FY 2024/25 list of road projects funded by the SB-1: The Road Repair and Accountability Act of 2017.
FINANCIAL IMPACT:
Sufficient funds, in the amount of $1,300,000 have been included in the FY 2024/25 budget for the new capital improvement projects funded under the Road Repairs and Accountability Act of 2017 (RMRA). In addition to these new appropriations, the remaining RMRA balance of $4,050,000 from FY 2023/34 capital improvement projects will remain effective and carried over to FY 2024/25.
New Appropriation FY 24/25: $1,300,000
Carryover Appropriation from FY 23/24: $4,050,000
Total FY 24/25 Appropriation: $5,350,000
BACKGROUND:
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act (RMRA) of 2017. In order to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system, SB 1 increased per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees.
SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, to be eligible for RMRA funding, the
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statute requires cities and counties to provide annual RMRA project reports to the California Transportation Commission (CTC).
Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city must submit to the CTC a list of projects proposed to be funded with these funds.
All projects proposed to receive funding must be included in the budget and adopted by resolution by the City Council in a public meeting.
Once the CTC receives the project list from the City, it will report to the Controller that the list of projects has been submitted and those projects are, therefore, eligible to receive an apportionment of RMRA funds for the applicable fiscal year. Attached to this report is the required resolution and project list that will be submitted to the CTC by July 1, 2024 (Attachment 1).
DISCUSSION:
The proposed FY 2024/25 budget anticipates allocating $5,350,000 in RMRA funds for the following four (4) capital improvement projects:
Carryover funding from FY 2023/24 to FY 2024/25 - $4,050,000 1- Area 3 Residential and Collector Street Rehab (Construction) - $738,100 2- Arterial Street Rehab (Construction) - $3,311,900
• Golden Springs Dr. from Grand Ave. to Temple Ave.
• Grand Ave. from Diamond Bar Blvd. to East City Limits • Gateway Center Dr., Copley Dr., and Bridgegate Dr.
New funding in FY 2024/25 - $1,300,000
1- Arterial – Lemon Avenue (SR-60 to City Limit); Brea Canyon Cut-Off (SR57 to City Limits) - $900,000
2- Residential and Collector Street Rehab – Area 4 - $400,000 A city receiving an apportionment of RMRA funds is required to sustain maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009/10, 2010/11, and 2011/12 fiscal years for street, road and highway purposes from the City’s general fund. This amount for the City of Diamond Bar has been determined to be $467,701. This MOE will be easily met each fiscal year.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.12.a Resolution No. 2024-22
2. 5.12.b Exhibit A - Project List FY 24-25
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RESOLUTION NO. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF A PROJECT LIST OF ROAD
PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 FOR FY 2024/25.
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs; and WHEREAS, the City of Diamond Bar must submit a project list on an annual basis to the California Transportation Commission in order to be eligible for Road Maintenance and Rehabilitation Account (RMRA) funding; and WHEREAS, SB 1 requires the City to include the project list in the budget and adopt the list by resolution of the City Council in a public meeting; and WHEREAS, The City of Diamond Bar will receive an estimated $5,350,000 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2024-25; and
WHEREAS, The City of Diamond Bar will carry over an estimated $4,050,000 of RMRA funding from Fiscal Year 2023-24 to FY 2024-25 with a new appropriation in the amount of $1,300,000 for a total of $5,350,000 for FY 2024-25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Diamond Bar adopts the attached project list of road projects funded by RMRA funds (Exhibit A) attached hereto.
PASSED, APPROVED AND ADOPTED this 18
th Day of June 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
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Resolution No. 2024-22
2 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 18
th day of June, 2024, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
* Required
Type
(Select from dropdown
list)
Explanation
(if "Other" is selected,
please explain)
?
PreConstruction
(mm/yyyy)
Construction
(mm/yyyy) Min. Max. Sustainability ? Technologies ? Climate Change ? Complete Streets Elements ? Description of Elements PP01 5455
Arterial Street Rehab: -
(Golden Springs Drive from Grand Avenue to Temple Avenue, Grand Avenue from Diamond Bar Boulevard to Eas of City Limits, and Gateway Center-Copley DriveBridgegate Drive) - construction SI24103 Road Maintenance &
Rehabilitation
As part of the City's ongoing pavement rehabilitation program, the entire width of Golden Springs Drive from Grand Avenue to Temple Avenue, Grand Avenue from Diamond Bar Boulevard to Eas of City Limits, and Gateway Center-Copley Drive-Bridgegate Drive will be scheduled for rehabilitation. This project cosist of a total of aproximately 6 center miles that are slated for rehabilitation.
Golden Springs Drive from Grand Avenue to Temple Avenue, Grand Avenue from Diamond Bar Boulevard to Eas of City Limits, and Gateway Center-Copley DriveBridgegate Drive 02/2024 04/2024 10 20 29 55 No No No No PP02 5455
Area 3 Residential and Collector Street Rehab (construction) SI24101 Road Maintenance &
Rehabilitation
As part of the City's ongoing pavement rehabilitation program, the entire width of the residential and collector roadway will be rehabilitated. This project cosist of a total of aproximately 17 center miles that Residential and Collectors streets
02/2024 04/2024 10 20 29 55 No No No No
PP03 5455
Arterial – Lemon Avenue (SR-60 to City Limit); Brea Canyon Cut-Off (SR57 to City Limits) SI25105 Road Maintenance &
Rehabilitation
As part of the City's ongoing pavement rehabilitation program, the entire width of the Lemon Avenue (SR 60 freeway to City Limits), Brea Canyon Cut-Off (SR 57freeway to City Limits). This project cosist of a total of aproximately 0.7 center miles that are slated for rehabilitation.
Lemon Avenue (SR 60 freeway to City Limits), Brea Canyon Cut-Off (SR 57 freeway to City Limits) 02/2025 04/2025 10 20 29 55 No No No No
PP04 5455
Residential and Collector Street Rehab - Area 4 (Construction) SI25101 Road Maintenance &
Rehabilitation
As part of the City's ongoing pavement rehabilitation program, the entire width of the residential and collector roadway will be rehabilitated. This project cosist of a total of aproximately 14.5 center miles that are slated for rehabilitation.
Residential and Collectors streets
02/2025 04/2025 10 20 29 55 No No No No
PP05 5455PP06 5455PP07 5455PP08 5455PP09 5455PP10 5455PP11 5455PP12 5455PP13 5455PP14 5455PP15 5455PP16 5455PP17 5455PP18 5455PP19 5455PP20 5455PP21 5455PP22 5455PP23 5455PP24 5455PP25 5455PP26 5455PP27 5455PP28 5455PP29 5455PP30 5455PP31 5455PP32 5455PP33 5455PP34 5455PP35 5455PP36 5455PP37 5455 Legislative District(s)
LoCode
Part 2: Project Information
Local Streets and Roads Program
Additional Project Elements
(Does the project include element(s) as described in SHC 2030 (c)-(f)? (Select Y/N from dropdown list)
Proposed ?
Project
(PP#)
* Project Title Project ID
(if any)
* Project Description
?
* Project Location
?
State Senate State Assembly
* Estimated
Completion Date
* Estimated
Useful Life
(# of Yr)
Project Type
?
1 of 2
Exhibit A
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Agenda #: 5.13
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39-2022 AND 41-2021 FOR
FISCAL YEAR 2024/25.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Adopt Resolution No. 2024-23 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting; B. Adopt Resolution No. 2024-24 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 39-2022 and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting; and C. Adopt Resolution No. 2024-25 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 41-2021 and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting.
FINANCIAL IMPACT:
District No. 38
The assessment generated by this District, in the amount of $276,780, and $308,477 of the General Fund contribution, are approved for the operation and maintenance costs in the Fiscal Year 2024/25 Budget, Special Fund No. 238.
District No. 39-2022
The assessment generated by this District, in the amount of $665,215, and $31,249 of the General Fund contribution (6.62% General Benefit), with a $447,097 Fund Balance Carryover, are approved for the operation and maintenance costs in the Fiscal Year
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2024/25 Budget, Special Fund No. 239.
District No. 41-2021
The assessment generated by this District, in the amount of $311,346, and $11,955 of the General Fund contribution (3.84% General Benefit), with a $157,185 Fund Balance Carryover, are approved for the operation and maintenance costs in the Fiscal Year 2024/25 Budget, Special Fund No. 241.
BACKGROUND/DISCUSSION:
District No. 38
On April 2, 2024, the City Council adopted Resolution No. 2024-09, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 and any assessment thereon for Fiscal Year 2024/25.
The attached Engineer’s Report (Attachment 2) for the City’s Landscaping Assessment District Number 38 which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments.
The estimated number of assessable parcels within the District is 18,452 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2023/24 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2024/25 is to remain at $15.00 per parcel. The assessments will be utilized to maintain the City’s medians and parkways.
The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control.
District No. 39-2022
On April 2, 2024, the City Council adopted Resolution No. 2024-10, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 39-2022 and any assessment thereon for Fiscal Year 2024/25.
The attached Engineer’s Report (Attachment 4) for the City’s Landscaping Assessment District Number 39-2022, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments.
The estimated number of assessable parcels within the District is 1,246 parcels. The
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draft Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within the District. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $547.82 for Zone A, $534.12 for Zone B, and $506.73 for Zone C for Fiscal Year 2024/25. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding. The annual CPI from December 2022 to December 2023 was 3.47%.
The assessments will be utilized for the general maintenance of slopes, open space areas, and the five (5) mini parks within the District.
District No. 41-2021
On April 2, 2024, the City Council adopted Resolution No. 2024-11 ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 41-2021 and any assessment thereon for Fiscal Year 2024/25.
The attached Engineer’s Report (Attachment 6) for the City’s Landscaping Assessment District Number 41-2021, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments.
The estimated number of assessable parcels within the District is 554 parcels. The draft Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the District for Fiscal Year 2024/25. Said proposed assessment amounts for the single-family and multi-family parcels are $573.93 and $528.02, respectively, an increase of 3% from Fiscal Year 2023/24.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.13.a Resolution No. 2024-23 (LAD No. 38)
2. 5.13.b LAD 38 Engineer's Report for FY 2024/25 (Preliminary)
3. 5.13.c Resolution No. 2024-24 (LAD No. 39-2022)
4. 5.13.d LAD 39-2022 Engineer's Report for FY 2024/25 (Preliminary)
5. 5.13.e Resolution No. 2024-25 (LAD No. 41-2021)
6. 5.13.f LAD 41-2021 Engineer's Report for FY 2024/25 (Preliminary)
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RESOLUTION NO. 2024-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT
CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 16, 2024 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 38 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work relating to the City of Diamond Bar Assessment District No. 38 is hereby approved as filed.
Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2024-25 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 38,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the aforementioned district is as follows:
The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing
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Resolution No. 2024-23
2 of related work shall be within the area of Assessment District No. 38 as shown on Exhibit “A,” as attached hereto and incorporated by reference. The location and type of improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2024-25. Said proposed assessment per lot is the amount of $15.00, the same amount that was levied in fiscal year 2023-24.
Section 6. This Council hereby fixes 6:30 p.m. on July 16, 2024 in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2024-25 and hereby gives notice of said hearing.
Section 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessment are exempt from the requirements of Article XIIID, Section 4 of the California Constitution.
Section 8. The City Clerk shall certify to the adoption of this Resolution, and staff shall cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 18th day of June 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
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Resolution No. 2024-23
3 ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June 2024, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
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Resolution No. 2024-23
4 Exhibit A
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Fiscal Year 2024-25 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 38
June 2024
Preliminary Report
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution
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CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
City of Diamond Bar
City Council
Stan Liu, Mayor
Chia Yu Teng, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth M. Low, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
Public Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
(This Page Intentionally Left Blank)
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Table of Contents
Introduction.................................................................................................... 6 Overview ......................................................................................................................6 Engineer’s Report and Continuation of Assessments..................................................6 Legislative Analysis.......................................................................................................7 Plans & Specifications ................................................................................... 10 Fiscal Year 2024-25 Estimate of Cost and Budget ........................................... 13 Budget for Fiscal Year 2024-25...................................................................................13 Method of Assessment Apportionment......................................................... 14 Method of Apportionment.........................................................................................14 Discussion of Benefit..................................................................................................14 Special Benefit............................................................................................................16 General Versus Special Benefit ..................................................................................17 Benefit Finding ...........................................................................................................18 Method of Apportionment.........................................................................................22 Annual Assessment Calculation..................................................................................23 Duration of Assessment .............................................................................................23 Appeals of Assessments Levied to Property ..............................................................23 Assessment Funds Must Be Expended Within the District Area................................24 Assessment................................................................................................... 25 Assessment Diagram ..................................................................................... 27 Assessment Roll ............................................................................................ 29
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
List of Tables
Table 1: FY 2024-25 Estimate of Costs.............................................................................. 13 Table 2: FY 2024-25 Summary Cost Estimate ................................................................... 25
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CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains perimeter and median landscaping, and other improvements (“Improvements”) to various parts of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 38 (“District”) was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2024-25 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”).
Engineer’s Report and Continuation of Assessments
The assessments have been continued for over 35 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice.
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CITY OF DIAMOND BAR PAGE 7
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 16, 2024. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2024-25. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2024-25.
Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District.
To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited in italics as appropriate.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found:
Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined
Special benefits are directly received by and provide a direct advantage to property in the Improvement District
The assessment paid by property should be proportional to the special benefits it receives from the Improvements
This Engineer’s Report and the process used to establish the continuation of the assessments for fiscal year 2024-25 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:
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CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is expended only on the Improvements in the District.
2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision.
3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values.
4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because:
a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi-family residential parcels, commercial parcels, industrial parcels, etc.
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits.
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CITY OF DIAMOND BAR PAGE 9
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties.
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CITY OF DIAMOND BAR PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as follows:
Medians
The landscaped islands to be maintained by the District are located as follows:
Diamond Bar Blvd
Grand Ave
Golden Springs Dr – 57 freeway overcrossing to West City Limits Golden Prados Dr – Golden Springs Dr to Hopi St
Tin Dr – Great Bend Dr to Diamond Bar Blvd
Lemon Ave – Lycoming St to Golden Springs Dr
Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr Pathfinder Rd at Brea Canyon Rd (east of 57 freeway)
Parkways
The landscaped parkways to be maintained by the District are located as follows:
Grand Ave – Summit Ridge to Diamond Bar Blvd, north side Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side Golden Springs Dr – Ballena Dr to End of cul-de-sac
Golden Springs Dr – El Encino Dr to Platina Dr
Golden Springs Dr – Rancheria Rd to end of cul-de-sac
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac Brea Canyon Rd – at Gerndal St
Golden Springs Dr – at Adel Ave
Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides Sunset Crossing Rd – Big Falls Dr to Chapparal Dr
Turf Areas
The landscaped turf areas to be maintained by the District are located as follows:
Diamond Bar Blvd – at Gold Rush Dr
Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond Bar Center
Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF DIAMOND BAR PAGE 12
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.
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CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Fiscal Year 2024-25 Estimate of Cost and Budget
Budget for Fiscal Year 2024-25
The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of the Improvements is provided below.
Table 1: FY 2024-25 Estimate of Costs
A. The Act requires proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments.
Expenditure Item
Salaries & Benefits (subsidized by General Fund) $ 50,557 Operating Expenses
Advertising $ 3,000
Utilities $ 160,500
Maintenance of Grounds/Buildings $ 50,000
Professional Services $ 7,000
Contract Services
Landscape Maintenance $ 230,500
Trees Maintenance $ 83,700
Estimated Expenditures $ 585,257
Revenue Item
Direct Benefit Assessments $ 276,780
Fund Balance Reserves $ -
General Fund Contribution $ 308,477
Estimated Revenues $ 585,257
Budget Allocation to Parcels
Total Assessment BudgetA $ 276,780
Total Assessable Parcels $ 18,452
Assessment per Parcel $ 15
LANDSCAPING ASSESSMENT DISTRICT NO. 38
FY 2024-25
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District.
The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.
B. Access to Improved landscaped areas and Other Public Improvements within the District.
C. Improved Views within the District.
D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.
Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Special Benefit
The District was formed by a different engineer of record. From the original Engineer’s Report, the primary special benefits on landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond Bar.
2. A sense of community pride resulting from well-maintained green spaces.
3. The enhancement of the value of property which results from the foregoing benefits.1
In addition, SCI assessment engineers have identified the following special benefits:
Proximity to Improved Landscaped Areas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.
Access to Improved Landscaped Areas within the District Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments.
This is a direct advantage and special benefit to property in the District. 1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Improved Views within the Assessment Districts
The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.
Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.
In other words:
Total
Benefit = General Benefit + Special Benefit
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large.
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group.
Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views.
Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows.
Benefit to Property Inside the Assessment Districts that is Indirect and Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District.
18 Parcels Outside District
18,422 Parcels In the District
18 18 + 18,422 = 0.10%
Calculation:
Assumptions:
General Benefit to Property Ouside the District
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park.
One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District.
Of the four ways benefits are conferred (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident.
Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large.
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
0.10%
4.43%
5.00%
9.53%
Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits.
Current General Benefit Contribution from the City
This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in-lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s Assessments.
A summary and quantification of these other contributions from the City is discussed below:
The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements.
The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%.
The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%.
The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%.
The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City.
Method of Apportionment
The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer’s Report is included below:
The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value.
The primary benefits on landscaping are set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond Bar.
2. A sense of community pride resulting from well-maintained green spaces.
3. The enhancement of the value of property which results from the foregoing benefits.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
The existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2
Annual Assessment Calculation
For fiscal year 2024-25 the amount of Assessments for the District is not increased from prior years. The assessment per parcel is $15.
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the thencurrent Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2024-25 is generally as follows:
Table 2: FY 2024-25 Summary Cost Estimate
As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.
Salaries & Benefits $ 50,557
Operating Expenses & Services $ 534,700
Total for Services $ 585,257
Less General Fund Contribution $ (308,477)
Net Amount to Assessments $ 276,780
CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2024-25. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2024-25 for each parcel or lot of land within the District.
Dated: June 18, 2024 Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
Assessment Diagram
The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2024-25
BY SCICONSULTINGGROUP