1715351.1
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Contractor" "City"
PYRO-COMM SYSTEMS, INC. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: John Solonynko Daniel Fox, City Manager
Title: Vice President
By: ATTEST:
Printed Name: Randy Jara
Title: Vice President
Kristina Santana, City Clerk
Approved as to form:
By: ____
Omar Sandoval, City Attorney
State of California "CONTRACTOR'S" License No. 612153.
CONTRACTOR'S Business Phone 714-902-8000.
Emergency Phone 714-902-8000 at which CONTRACTOR can be reached at any time. *NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
1715351.1
EXHIBIT “A”
Diamond Bar City Hall Fire Alarm System Replacement
[Behind this page.]
V25.06.01
TO: City of Diamond Bar Date: 8/14/2025
ATTN: Jason Williams Plans: 10/24/2011
PROJECT: Diamond Bar City Hall Fire Alarm Sys Spec:
LOCATION:
PRODUCT: Fire Alarm Equipment V25.06.01
QTY DESCRIPTION QTY DESCRIPTION
1 Fire Alarm Control (Inspire N16e) - Notifier LOT Fire Alarm System Engineering and Drawings 2 Batteries LOT Permit, Plan Check, and Inspection Fees 1 Remote LCD Annunciator LOT Fire Alarm System Installation Material & Labor 1 CLSS LOT Fire Alarm System Project Management Labor
13 Addressable Manual Pull Station LOT Fire Alarm System Programming Labor 66 Intelligent Smoke Detectors 1 Fire Alarm System Pre-Test 39 Addressable Heat Detector 1 Fire Alarm Final Inspection with the Fire Department 4 Monitor Module (Flow Switch) LOT Tax and Freight
4 Monitor Module (Tamper Switch)
1 Monitor Module (P.I.V. Switch)
1 Monitor Module (OS & Y Switch)
2 Elevator (Pri & Alt) Recall Modules
1 Elevator Hat Lamp Activation Module
1 Elevator Shunt Trip Module
2 Elevator Shunt Trip Control Ckt Monitoring
1 Elevator Battery Lowering
8 Pre-Action/Clean Agent Monitor Module
SCOPE:
Pyro-Comm Systems, Inc.
This quotation supersedes any oral quotation which may have been furnished by seller to buyer with respect to the above mentioned project. The prices and terms on this quotation are not subject to oral changes or other agreements unless approved by seller in writing. Quotation are valid for 30 days but cancelable in the event of strikes, accidents, fires and material availability and all other causes beyond seller's control. Terms inconsistent with order will not be binding on seller.
Prices cover only materials listed below based on our interpretation of plans and specifications. Additional equipment unless negotiated prior to order placement shall be billed accordingly and become an integral part of any Contract, Written Agreement, or Purchase Order. There is a re-stocking fee equal to a minimum of 25% of the manufacture's list price on all returned material. PCSI cannot be held to their pricing for material for more than 10 days because of the everchanging market increases. Once design has been completed PCSI will provide additional material cost as a change order.
PYROCOMM is pleased to provide pricing for the above-mentioned project. This proposal includes the following:
- Provide engineered drawings, plan check, permit, and inspection fees. - Furnish and install fire alarm equipment as listed below as a one for one replacement of the existing obsolete and unsupported fire alarm control panel and associated field devices. - The existing wiring shall be reused in its entirety. If any existing cabling cannot be reused, new wiring will be provided via a change order.
- This proposal is based upon work during normal working. Off hour work will require additional costs. - This proposal does not include "fire watch" and associated fees. Fire watch shall be provided by others during construction. The existing fire alarm system will need to be brought offline at the start of construction.
- All existing audible/visual field devices are thought to be serviceable at the time of installation (see note 8). Replacement of existing field devices is based on the current fire alarm panel program. If field conditions differ from program, additional cost will apply outside of this proposal.
Please see Conditions/Exclusions below for full scope of work. 15215 Alton Parkway, Suite 100, Irvine, CA 92618 (714) 902-8000 fax (714) 902-8001 C-10 #612153 21810 E. Copley Drive Diamond Bar, CA
PROPOSAL
V25.06.01 1 of 3 8/14/2025
4 Addressable Monitor Module
8 Addressable Relay Module
1 Document Box
The price for the above outlined scope including sales tax is: $108,364 CONDITIONS/EXCLUSIONS:
1. 2.
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29. All wire from relay(s) provided for smoke/fire damper control, elevator capture, elevator shunt trip by electrical contractor.
Paid until paid clause not acceptable.
All relays provided by Pyro-Comm Systems Inc. for shut down functions are pilot duty only. Electrical contractor to provide contactors when circuits being shut down exceed the provided pilot duty relay ratings.
A lift will be required to access above 12 feet. Two lifts at a minimum will be required to be provided to Pyro-Comm Systems Inc. from owner/contractor.
Parking to be provided on site.
Work areas to be asbestos free.
Quotation excludes 2 hour rated cable for fire alarm riser feeds, if two hour rated enclosure is not provided for on project for survivability of fire alarm circuits.
If any legal action or arbitration or other proceedings are brought for enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation connection with any prevision of this Agreement and Pyro-Comm Systems Inc. is found to be not at fault, the party shall be responsible for reasonable attorney’s fees and the costs incurred therein in addition to any relief sought therein.
Sprinkler contractor is responsible to adjust all sprinkler valves.
On projects that require plan checks and or submittals, no work shall be performed until all approvals have been received by this office. The liability for any work requested prior to approvals shall be the sole responsibility of the owner/company requesting the work.
Disputed charges; the owner/contractor shall not retain any amount that exceeds the value of any disputed item including its labor.
Failure to follow Pyro-Comm Systems Inc. plans may result in additional labor to investigate and correct electrician’s work to meet Pyro-Comm Systems Inc. engineered plans outside of this proposal. Pyro-Comm Systems Inc. will not be responsible for delays in meeting your final inspection dates if plans are not followed.
Patching & painting by others.
To insure against manufacturers price increases and to avoid backorders, Pyro-Comm Systems Inc. reserves the right to purchase the equipment required within 30 days of contract and submittal approval and to invoice the owner/contractor when the equipment is received.
Work shall not be performed until a contract/purchase order has been received and approved by this office.
Painting of conduit if required by specs by owners.
Pyro-Comm Systems Inc. does not accept responsibility for discounts in payment, back charges, or other adjustments, without receipt of written notification to Pyro-Comm Systems Inc. of specific problems and or conditions. Should adjustments be found to be appropriate and correct Pyro-Comm Systems Inc. will provide written authorization to proceed.
All work to be during normal hours (7:00AM to 3:00PM).
All software programming of system to remain the property of Pyro-Comm Systems Inc.
All access panels to service any fire alarm equipment or junction boxes by others.
All conduit runs outside of building to have ¼” nylon pull ropes installed by electrical contractor.
All wiring of 120 VAC and greater, mounting cabinets and 120vac emergency circuits to cabinets provided by electrical contractor.
Final inspection is included, although if Pyro-Comm Systems Inc. has to return for additional inspections due to causes beyond our control, additional fees and labor will apply.
Upon completion of work if any existing field devices are found to need service and/or replacement or if troubleshooting of the system is needed, additional costs will apply outside of this proposal.
No central station monitoring is provided in this quotation. Owners to sign separate monthly monitoring agreement at a monthly rate of $75.00 a month for a minimum of 36 months.
A CAD disc/file will be required before plans can be started. Allow four working days for plan engineering to start after receipt of CAD disc/file. Allow ten working days of engineering, Allow three weeks at plan check minimum.
Electrical contractor to call for rough wire inspection after Pyro-Comm Systems Inc. has completed wire rough in. No finish device to be hung until electrical contractor has received rough wire inspection. Any finish equipment asked to be hung before rough wire inspection shall be electrical contractor’s responsibility.
Invoicing shall be monthly, based on progress of labor and material. Pyro-Comm Systems Inc. reserves the right to stop work when any invoice exceeds 30 days past due. 20% upon approved submittals.
Retention is due and payable upon completion.
V25.06.01 2 of 3 8/14/2025
30. 31.
32. RESPECTFULLY SUBMITTED BY, Accepted by:
Pyro-Comm Systems, Inc.
Ernie KnustGraichen Signature ___________________Date ________ All access doors and wire guards in elevator shaft for smoke & heat detectors by general contractor.
Pyro-Comm Systems, Inc. is not responsible for any Fire Watch.
The installation of cellular monitoring equipment is dependent upon the area signal strength of the location of the proposed cellular communicator system and may require additional equipment to increase the cellular signal strength. If required, this equipment will be at an additional cost.
(714) 932-8810
V25.06.01 3 of 3 8/14/2025
1715351.1
EXHIBIT “B”
Fire Alarm Testing, Inspection, Monitoring, and Maintenance Services [Behind this page.]
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 1 OF 10 REVISION 20250807
FIRE ALARM TESTING, INSPECTION, MONITORING AND MAINTENANCE SERVICE AGREEMENT Subscriber’s Company Name: City of Diamond Bar
Subscriber’s Company Address: 21810 Copley Drive Diamond Bar, CA 91765 Subscriber’s Premises Name: Diamond Bar City Hall
Subscriber’s Premises Address: 21810 Copley Drive Diamond Bar, CA 91765 Due to fluctuation in material, fuel charges and labor rates, all pricing is valid for 30 days from 7-23-2025 .
Once fully executed, proposal transfers to an agreement between Pyro-Comm Systems, Inc. and City of Diamond Bar , under the terms and conditions below.
PYRO-COMM SYSTEMS, INC. (hereinafter referred to as “PCSI” or “ALARM COMPANY") agrees to service, monitor and / or test the systems selected below, and instruct Subscriber in the proper use of the Fire Alarm Equipment or System, at Subscriber's premises, in accordance with this agreement, consisting of the following equipment: See attached Schedule of Equipment and Services. Passcode to software remains property of PCSI. Software programmed by PCSI is the intellectual property of PCSI and any unauthorized use of same, including derivative works, is strictly prohibited and may violate Federal Copyright laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties.
CONTRACT EFFECTIVE DATE: 7-23-2025
Testing and Inspection Services
1. INSPECTIONS: ܈ APPLICABLE ܆ NOT APPLICABLE
܈ ANNUAL TEST ܈ SEMI-ANNUAL TEST ܆ QUARTERLY TEST ܆ SATURDAY TEST ܆ AFTER HOURS TEST ܈ FIRE ALARM (NFPA72 CODE REQUIREMENT ܆ FIRE SPRINKLER (NFPA25 CODE REQUIREMENT) ܆ SMOKE CONTROL ܆ TWO-WAY / (AOR)
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Subscriber agrees to pay PCSI the sum of $14,025.00, per year, invoiced at $12,375.00, for annual test, and/or $1,650.00, for semi-annual test and/or $N/A, for each quarterly test of the fire alarm system. PCSI will make 2 inspections of the fire alarm system. Inspections will be invoiced at the completion of each inspection. Unless otherwise noted in the Schedule of Equipment and Services inspection will be performed to meet the minimum requirements of the applicable code or Authority Having Jurisdiction (AHJ). PCSI will notify Subscriber 3 days in advance of inspection date, and it is Subscriber's responsibility to reschedule or permit access. Testing at inspection insures only that components are in proper working order at time of inspection unless otherwise reported to Subscriber at time of inspection. Inspection does not include repair or corrections due to deficiencies found during the inspection. Unless otherwise specified in the attached Schedule of Equipment and Service, it is Subscriber’s responsibility to provide a means of access to devices requiring more than a 12’ ladder to reach.
Access methods include any ladders, lifts, and hatches that may be required. Should PCSI technicians show up to a scheduled inspection and are turned away by the Subscriber or their tenant or if test is cancelled with less than 24 hours’ notice, Subscriber agrees to pay PCSI’s turn-away fee. PCSI’s turn-away fee is four hours at our current rates, per scheduled technician. If the inspection scheduled was for less than four hours, the turn-away fee will be equal to half the number of hours of the inspection was scheduled for per technician.
2. Pre-Authorized Repairs: ܈ APPLICABLE ܆ NOT APPLICABLE Subscriber has pre-authorized $ 500.00 worth of repairs for deficiencies found during the inspection to provide a same day passed Inspection.
For entering into testing agreement, Subscriber shall receive 20% off the list price of replacement parts.
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3. CERTIFICATES/LICENSES/PERMITS: ܆ APPLICABLE ܈ NOT APPLICABLE Subscriber agrees to pay PCSI the amount indicated below, per filing, in advance for the term of this agreement, for the selected services. ܆ UL CERTIFICATE:
If this option is required PCSI will issue a UL Certificate for the fire alarm system. Subscriber acknowledges that UL is a separate AHJ that may want to inspect the fire alarm system. UL or the Local AHJ can require changes to the system to keep the Certificate in force. ܆ SAN FRANCISCO POLICE CODE ARTICLE 37 ALARM LICENSE:
If this option is required PCSI will process alarm system registration with the San Francisco Police Department. ܆ LOS ANGELES FIRE DEPARTMENT CHIEF’S REGULATION 4:
If this option is required PCSI will process fire alarm system inspections with the Los Angeles City Fire Department ܆ LONG BEACH FIRE DEPARTMENT FP REQUIREMENT 12.001:
If this option is required PCSI will process fire alarm system inspections with the Long Beach Fire Department. ܆ AHJ COMPLIANCE ENGINE UPLOAD REQUIREMENT:
If this option is required PCSI will process and upload the fire alarm system inspections with the appropriate AHJ, . ܆ CITY/COUNTY/STATE AHJ PERMIT:
If this option is required PCSI will process permits with the appropriate AHJ, .
Subscriber agrees to pay PCSI for any inspections or required changes at our current rates.
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 2 OF 10 REVISION 20250807
4. RUNNER SERVICE: ܆ APPLICABLE ܈ NOT APPLICABLE
Subscriber agrees to pay PCSI the sum Based on T&M at PCSI’s Service Rates, per Service Call, invoiced After the service is provided. Payments of Based on T&M, for the term of this agreement, for UL Runner Response Service for up to unlimited Runs per year. If this option is selected PCSI’s Runner upon notification from Remote Supervising Station of any alarm, supervisory or trouble signals, to the best of PCSI’s ability will respond to Subscriber’s location within 1 hour for alarm and supervisory signals and 4 hours for trouble signals. Subscriber agrees to issue PCSI two (2) sets of all keys necessary for PCSI to enter into all locked areas of Subscriber’s location. Subscriber agrees to pay PCSI for any additional Runs at PCSI’s then prevailing labor rate. Subscriber acknowledges that Runner Service is for response only and does not cover any work or repairs once PCSI is on site.
If AHJ requires a technician to be sent to Subscriber’s premises after a fire alarm is dispatched Subscriber agrees to pay for such service at the rate of Based on T&M at PCSI’s Service Rates
5. MODIFICATION TO SITE:
Subscriber agrees that during the terms of the contract any additions and modification made to the systems, PCSI has the right to modify the value of the contract. PCSI must be notified in advance of any modifications to the Fire Alarm Systems. PCSI shall be the preferred vendor for any modification to the fire alarm system. The Customer Representative will refer PCSI to all bidding contractors.
6. CUSTOMER PORTALS:
PCSI will charge a fee of $300.00 per year to upload documents into the customers or Authority Having Jurisdiction Portals
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 3 OF 10 REVISION 20250807 Central Station Monitoring Services
1. MONITORING CHARGES: ܈ APPLICABLE ܆ NOT APPLICABLE
܈ Fire Alarm: Subscriber agrees to pay PCSI the sum of, $75.00, per Month invoiced in Quarterly payments of $225.00, in advance for the term of this agreement, for the monitoring of the FIRE ALARM system for the term of this agreement commencing on the first day of the month next succeeding the date hereof. Subscriber requires 1 such monitoring accounts for their Premises. If sub accounts are required, the cost shall be $10.00 per month, per sub account.
܆ DEDICATED PHONE LINE(S) ܈ CELLULAR ܆ IP MONITORING SYSTEM:
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܆ Two Way Communication System / Area of Refuge (AOR) Subscriber agrees to pay PCSI the sum of $ , per , invoiced in payments of $ , in advance for the term of this agreement, for the monitoring of the Two Way Communication System/AOR for the term of this agreement commencing on the first day of the month next succeeding the date hereof. Subscriber requires such monitoring accounts for their Premises.
If sub accounts are required, the cost shall be $10.00 per month, per sub account. ܆ DEDICATED PHONE LINE(S) ܆ CELLULAR ܆ IP MONITORING SYSTEM:
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܆ Elevator or Emergency Phone Subscriber agrees to pay PCSI the sum of $ , per , invoiced in payments of $ , in advance for the term of this agreement, for the monitoring of the Elevator Phone system for the term of this agreement commencing on the first day of the month next succeeding the date hereof. Subscriber requires such monitoring accounts for their Premises. If sub accounts are required, the cost shall be $ per month, per sub account.
܆ DEDICATED PHONE LINE(S) ܆ CELLULAR ܆ IP MONITORING SYSTEM:
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2. INSTALLATION / PROGRAMMING CHARGES: ܆ APPLICABLE ܈ NOT APPLICABLE Subscriber agrees to pay PCSI the sum of $N/A, $N/A of which being due upon execution of this agreement, and $N/A upon completion of installation.
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3. SUBSCRIBER TO SUPPLY THE FOLLOWING FOR THEIR ܆ DEDICATED PHONE LINE(S) ܈ CELLULAR ܆ IP MONITORING SYSTEM:
Subscriber agrees to supply, maintain, and have installed in advance of the installation of the monitoring equipment, the following equipment:
܆ , dedicated analog phone lines terminated with a RJ31x jack. ܈ 110VAC power adjacent to the control panel.
܆ UL certified network equipment.
܆ Cable and connection from network equipment.
ڧ Secondary power for all equipment necessary for the transmission and reception of alarm, supervisory, and trouble signals at the protected premises.
4. MONITORING SERVICES PROVIDED:
Upon receipt of a fire alarm signal from Subscriber’s Fire Alarm System, Two Way Communication/AOR, Emergency Phone System, and/or Elevator Emergency Phones or its designee communication center, hereinafter referred to as Remote Supervising Station, shall make every reasonable effort to notify Subscriber and the appropriate municipal fire department and comply with Authority Having Jurisdiction (AHJ) dispatch procedures. Only Subscriber will be notified of fire trouble, fire supervisory or other off normal signals as soon as may be practical. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to fire departments are not monitored by personnel of PCSI or its Remote Supervising Station and PCSI does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, Managed Facilities Voice Networks, VOIP, or other modes of communication pass through communication networks wholly beyond the control of PCSI and are not maintained by PCSI except PCSI may own the radio network and PCSI shall not be responsible for any failure which prevents transmission signals or data from reaching the Remote Supervising Station or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the communication equipment and Two Way Communication System/AOR, Emergency Phone System and/or Elevator Emergency Phones. The fire alarm system and communication pathway may not function during a power failure or not maintain functionality for a 24 hour period as required by NFPA-72 for fire alarm systems and Subscriber is responsible for verifying operation of the communication pathway with the communications pathway provider. Subscriber agrees to furnish PCSI with a written Call List of names and telephone numbers of persons Subscriber wishes to receive notification of fire alarm signals. Unless otherwise provided in the Call List PCSI will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with PCSI’s notification obligation. All changes and revisions to the account information shall be supplied to PCSI in writing. Subscriber authorizes PCSI to access the control panel and/or communicator to input or delete data and programming. PCSI may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this agreement or in event Remote Supervising Station’s facility or communication network is nonoperational or Subscriber’s system is sending excessive false alarms. Remote Supervising Station is authorized to record and maintain all data, voice and alarm communications and shall be the exclusive owner of such property.
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 4 OF 10 REVISION 20250807
5. COMMUNICATION CONNECTION:
Communication link between Elevator / Emergency Phone System and the control panel with associated wiring shall be installed and maintained by the installing contractor, not PCSI and the installing contractor shall program the communication device installed in Emergency Phone System to central station assigned communication channel.
6. TELEPHONE OR OTHER COMMUNICATION PATHWAY SERVICE IS NECESSARY AND SUBSCRIBER’S RESPONSIBILITY:
Subscriber acknowledges that the Area of Refuge Emergency Phone System and Elevator cab connects to a standard telephone jack and communicates over standard telephone lines using two-way voice communication unless the AHJ approves other communication pathways, such as but not limited to Internet VoIP, cellular or radio.
7. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE:
Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by PCSI.
8. RUNAWAY ACCOUNTS:
Monitoring accounts that send excessive trouble signals may be subject to additional charges. Excessive signals are determined as more than 75 or more signals in a 24-hour period. Monitoring accounts which meet these criteria may be subject to the additional charge of $0.10 per signal.
9. CUSTOMER PORTALS:
PCSI will charge a fee of $300.00 per year to upload documents into the customers or Authority Having Jurisdiction Portals
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 5 OF 10 REVISION 20250807 Service and Maintenance
1. MAINTENANCE AGREEMENT: ܆ APPLICABLE ܈ NOT APPLICABLE Subscriber agrees to pay PCSI the sum of $N/A, Annually, in advance, for the term of this agreement.
Equipment Covered under contracted Maintenance Agreement:
Annunciator, Amplifier, Power Supply, Smoke Detector, Heat Detector, Duct Detector, Beam Detector, Manual Pull Stations, Magnetic Door Holder, Modules, Relays. Sprinkler Bell, Strobe Light, Horn/ Strobe Light, Horn, Mini Horn, Speaker, Speaker Strobe Light, Service Call.
Should a device listed above malfunction due to normal wear and tear, and not anything related to the circumstances listed below device will be covered under the contracted Maintenance Agreement
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Not covered under contracted Maintenance Agreement:
Service Calls that include, Emergency Panel Replacements, Dirty smoke detectors and the labor to clean dirty smoke detectors, batteries, Carbon Monoxide Detector, CPU failures due to electrical surges, water and/or lightning damage, misuse or vandalism, software upgrades and repairs, waterflow switches, tamper switches, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense payable at time of service. Additionally, any service or repair work performed by another vendor shall void the service portion of this agreement. This work will be invoiced per Pyro-Comm Systems Inc Preferred Customer service rates
2. SERVICE ON A PER CALL BASIS: ܈ APPLICABLE ܆ NOT APPLICABLE Subscriber agrees to pay PCSI on a per call basis. Customer agrees to pay PCSI for all parts and labor at time of service as listed in Pyro-Comm Systems Inc current service rates.
3. EMERGENCY/AFTER HOURS CALLS:
If service has been contracted under this agreement, and Subscriber is requesting same-day emergency or after-hours service outside of PCSI’s business hours of Monday through Friday 8:00 a.m. and 4:00 p.m., Subscriber will be charged per the current service rates.
4. MODIFICATIONS TO THE SYSTEMS:
Any Modifications to the Fire Alarm System that are not completed by PCSI will void any warranties provided by PCSI. PCSI will not be held liable for any modifications made to the Fire Alarm System by any vendor other than PCSI.
5. CUSTOMER PORTALS:
PCSI will charge a fee of $300.00, per year to upload documents into the customers or Authority Having Jurisdiction Portals
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 6 OF 10 REVISION 20250807 Terms and Conditions
1. TERM OF AGREEMENT AND RENEWAL:
The term of this agreement shall be for a period of 36 Months. This Agreement shall renew every 12 Months thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention to not renew the agreement at least 30 days prior to the expiration of any term. Termination shall comply with local law.
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2. CREDIT INVESTIGATION:
Subscriber and any guarantor authorize PCSI to conduct credit investigations from time to time to determine Subscriber’s and guarantor’s credit worthiness.
3. PAYMENT REMITTANCE:
Total outstanding on all invoices must be remitted Net 15
4. TERMINATION OF SERVICES:
PCSI reserves the right, and shall if required by the AHJ, notify the AHJ that PCSI’s monitoring services have been terminated. PCSI shall be permitted to terminate its monitoring services in the event of Subscriber’s nonpayment or upon notice that the communication device or pathway is inoperable, and Subscriber shall remain liable for continued performance under this agreement.
5. THIRD PARTY VENDOR PORTALS:
Subscriber agrees to pay PCSI additional costs for any insurance certificates, W-9s, and third-party vendor portal creation and maintenance fees.
6. INCREASES OF AGREEMENT CHARGES:
After the expiration of one year from the date hereof PCSI shall be permitted from time to time to increase charges, and Subscriber agrees to pay such increase as invoiced.
7. EQUIPMENT LIMITED WARRANTY:
In the event that any part of the equipment becomes defective, PCSI agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of ninety (90) days from the date of installation. PCSI reserves the option to either replace or repair the equipment and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. PCSI’s warranty does not include damage caused by electric, plumbing or construction, nor damage by lightning, electrical surge, or misuse. PCSI is not the manufacturer of the equipment and other than PCSI’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, PCSI makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. PCSI does not represent nor warrant that the equipment may not be compromised or circumvented, or that the system will prevent any loss by fire, smoke, or water or otherwise; or that the system will in all cases provide the protection for which it is installed.
PCSI expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than PCSI. PCSI shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by PCSI shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on PCSI’s skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that PCSI has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for PCSI’s breach of this agreement or negligence to any degree under this agreement is to require PCSI to repair or replace, at PCSI’s option, any equipment which is non-operational. Some states do not allow the exclusion or limitation of consequential or incidental damages, or a limitation on the duration of implied warranties, so the above limitations or exclusions may not apply to you. The warranty gives you specific legal rights and you may also have other rights which may vary from state to state. Fire Alarms are required to be approved by AHJ and may require plans and specifications designed, signed, and submitted by a licensed architect or professional engineer, which must be engaged by Subscriber. If PCSI is installing a Fire Alarm System to code installation must be approved by the AHJ. This Limited Warranty is independent of and in addition to service contracted under paragraph 4 of this agreement.
8. DELAY IN INSTALLATION/ALTERATION OF PREMISES FOR INSTALLATION/RISK OF LOSS OF MATERIAL:
PCSI shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including PCSI’s negligence in the performance of this agreement. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. PCSI is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in PCSI’s sole discretion for the installation and service of the equipment, and PCSI shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the equipment, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the equipment under the terms of this agreement.
Subscriber assumes all risk of loss of material once delivered to the job site.
9. SERVICE OF SYSTEM:
The parties hereto agree that the equipment, once installed, is in the exclusive possession and control of the Subscriber. PCSI shall not be required to service the equipment unless it has received notice from Subscriber, and upon such notice, PCSI shall, during the warranty period or if service has been contracted under this agreement, service the equipment to the best of its ability within 72 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 8:00 a.m. and 4:00 p.m. Service outside of business hours will be at PCSI’s then prevailing rates for labor, travel, and expenses. It is the responsibility of Subscriber to provide a means of access to devices requiring more than a 12’ ladder to reach. Access methods include any ladders, lifts, and hatches that may be required.
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 7 OF 10 REVISION 20250807
10. LIEN LAW:
PCSI or any subcontractor engaged by PCSI to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
11. ADDITIONAL PAYMENTS:
In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to PCSI any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon PCSI because of this agreement. Should PCSI be required by existing or here after enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay PCSI for such service or material.
12. SUBSCRIBER RESPONSIBLE FOR FALSE ALARMS/PERMIT FEES:
PCSI shall have no liability for permit fees, false alarms, false alarm fines, fire response, any damage to personal or real property or personal injury caused by fire department response to alarm, whether false alarm or otherwise, or the refusal of the fire department to respond. In the event of termination of fire response by the fire department this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should PCSI be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay PCSI for such service or material.
13. INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS:
Subscriber agrees to and shall indemnify and hold harmless PCSI, its employees, agents, and subcontractors, from and against all claims or lawsuits brought by third parties, including reasonable attorneys' fees and losses asserted against and alleged to be caused by PCSI’s performance, negligent performance, or failure to perform any obligation, except to the extent such claims or lawsuits result from the gross negligence, willful misconduct, or illegal acts of PCSI or its employees, agents, or subcontractors. Parties agree that there are no third-party beneficiaries of this agreement. Subscriber shall not be permitted to assign this agreement without written consent of PCSI. PCSI shall have the right to assign this agreement and shall be relieved of any obligations created herein upon such assignment, provided that the assignee expressly agrees in writing to assume all rights and obligations of PCSI under this agreement; PCSI shall provide prompt written notice to Subscriber of such assignment.
14. EXCULPATORY CLAUSE:
PCSI and Subscriber agree that PCSI is not an insurer, and no insurance coverage is offered herein. The fire equipment and PCSI’s services are designed. to reduce certain risks of loss, though PCSI does not guarantee that no loss will occur. PCSI is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by PCSI’s negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty, to the extent not covered by insurance carried by PCSI pursuant to this agreement.
15. INSURANCE:
The Subscriber shall maintain a policy of public liability, property damage, fire insurance under which PCSI and the Subscriber are named as insured. PCSI shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. Subscriber shall obtain insurance to cover any loss the fire alarm services are intended to detect to one hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against PCSI and its subcontractors for loss or damages caused by perils intended to be detected by the fire alarm services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.
16. LIMITATION OF LIABILITY:
Subscriber agrees that should there arise any liability on the part of PCSI as a result of PCSI’s negligent performance to any degree or negligent failure to perform any of PCSI’s obligations pursuant to this agreement or any other legal duty, equipment failure, or strict products liability, that PCSI’s liability shall be limited to the sum of $250.00 or 5% of the sales price or 6 times the aggregate of monthly payments for services being provided at time of loss, or available insurance proceeds under PCSI’s insurance policies required hereunder, whichever is greater. If Subscriber wishes to increase PCSI’s amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement obtain a higher limit by paying an annual payment consonant with PCSI’s increased liability. This shall not be construed as insurance coverage.
17. LEGAL ACTION:
The parties agree that due to the nature of the services to be provided by PCSI, the payments to be made by Subscriber for the term of this agreement are an integral part of PCSI’s anticipated profits and in the event of Subscriber’s breach of this agreement it would be difficult if not impossible to reasonably estimate PCSI’s actual damages. Therefore, in the event of Subscriber’s default of this agreement Subscriber shall pay to PCSI all amounts due for installation, extras, and 80% of the balance due for the term of this agreement as liquidated damages. Additionally, in the event PCSI retained ownership of the communication system and Subscriber breaches this agreement PCSI may, at its option, either remove its Communication System or deem same sold to Subscriber for 80% the amount specified as the agreed value of the communication system. PCSI may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this agreement and shall be permitted to terminate all its services under this agreement and deactivate the System without relieving Subscriber of any obligation herein and may notify AHJ of termination. All actions or proceedings against PCSI must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against PCSI in respect to services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and this consent to arbitrate shall survive the termination of this agreement. If PCSI prevails in any litigation or arbitration between the parties, Subscriber shall pay PCSI’s legal fees. The parties waive trial by jury in any action between them unless prohibited by law. In any action commenced by PCSI against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. Any action by Subscriber against PCSI must be commenced within one year of the accrual of the cause of action or shall be barred. Subject to Subscriber’s right to bring any claim against PCSI for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Commercial Arbitration Rules www.ArbitrationServicesInc.com, except that no punitive damages may be awarded. Service of processor papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 8 OF 10 REVISION 20250807 California and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where PCSI’s principal place of business is located.
18. PCSI’S RIGHT TO SUBCONTRACT SPECIAL SERVICES:
Subscriber agrees that PCSI is authorized and permitted to subcontract any services to be provided by PCSI to third parties who may be independent of PCSI, and that PCSI shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties and that Subscriber appoints PCSI to act as Subscriber’s agent with respect to such third parties, except that PCSI shall not obligate Subscriber to make any payments to such third parties. PCSI shall be permitted to assign this agreement and upon such assignment shall have no further obligation hereunder. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to PCSI’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors, and communication centers of PCSI.
19. NON-SOLICITATION:
Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity any employee of PCSI assigned by PCSI to perform any service for or on behalf of Subscriber for a period of two years after PCSI has completed providing service to Subscriber. In the event of Subscriber’s violation of this provision, in addition to injunctive relief, PCSI shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee's termination of employment with PCSI, times twelve, together with PCSI’s counsel and expert witness fees.
20. SECURITY INTEREST/COLLATERAL:
In order to secure all indebtedness or liability of Subscriber to PCSI, Subscriber hereby grants and conveys to PCSI a security interest in, and mortgages to PCSI all of Subscriber's equipment, inventory and proceeds thereof, accounts receivables and cash on hand. Subscriber agrees to allow PCSI to execute in Subscriber's name a UCC-1 statement.
21. FULL AGREEMENT/SEVERABILITY/CONFLICTING DOCUMENTS:
This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified, or canceled, except in writing signed by both parties, except PCSI’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement, or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS 10 PAGE AGREEMENT WITH SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION. READ THEM BEFORE YOU SIGN THIS AGREEMENT.
Subscriber Company: City of Diamond Bar Pyro-Comm Systems, Inc.:
Signature Signature
Print Name Print Name
Title Title
Date Date
Subscriber’s Company Name:
Internal Use Only
PyroComm Systems, Inc. Service Department Acceptance:
_________________________ ____________________ Signature Date
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 9 OF 10 REVISION 20250807 Subscriber’s Company Name: City of Diamond Bar
Subscriber’s Company Address: 21810 Copley Drive Diamond Bar, CA 91765 Subscriber’s Premises Name: Diamond Bar City Hall
Subscriber’s Premises Address: 21810 Copley Drive Diamond Bar, CA 91765 Schedule of Equipment and Services
In accordance with the agreement dated 7-23-2025 between PYRO-COMM SYSTEMS, INC. (hereinafter referred to as "PCSI" or "ALARM COMPANY") and Subscriber, which this Schedule supplements, the following equipment is covered therein. All provisions of the agreement govern this Schedule of Equipment and Services and nothing contained herein is intended to modify or terminate the agreement or any provision contained therein.
INSPECTIONS DEFINED
An annual inspection provides for one 100% inspection of the alarm system. A semi-annual inspection provides for one 100% inspection of the alarm system and one inspection of any waterflow switches and tamper valve sensors. These occur six months apart. A quarterly inspection provides for one 100% inspection of the alarm system and three inspections of any waterflow switches and tamper valve sensors. These occur three months apart. All Fire Alarm System inspections are per the NFPA72 Chapter 14 code requirements.
EQUIPMENT COUNT
Qty Description Qty Description
1 Control Panel 1 Pre-Action Supervision
1/0/2 DACT Hood Supervision
Annunciator/Amplifier/Power Supply Elevator Recall Supervision Voice Evacuation System 2 Sprinkler Tamper Valve
66 Smoke Detector 2 Sprinkler Waterflow
37 Heat Detector 1 Sprinkler PIV
Heat Detector - Attic 2 Sprinkler OS & Y
Duct Detector Sprinkler Bell
In-Duct Detector 59 Strobe Light
Beam Detector 43 Horn/Strobe Light
Carbon Monoxide Detector Horn
13 Manual Pull Station Mini Horn
Magnetic Door Holder Speaker
21 Modules Speaker/Strobe Light
Relays Remote Test Indicator
7 Batteries Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text.
CERTIFICATES, LICENSES, AND PERMITS
UL Certificate LBFD FP Requirement 12.001
SFPC Article 37 Alarm License LAFD Chief’s Regulation 4 Click or tap here to enter text. Click or tap here to enter text.
REPORTS
Sensitivity Report Click or tap here to enter text.
SUB CONTRACTORS
Click or tap here to enter text. Click or tap here to enter text.
CUSTOMER INITIAL : PYRO-COMM INITIAL :
WWW.PYROCOMM.COM C-10 612153
NORTHERN CA REGIONAL OFFICE ▪ 6960 KOLL CENTER PARKWAY #300▪ PLEASANTON, CA 94566 (510) 632-1208 SAN DIEGO REGIONAL OFFICE ▪ 5115 AVENIDA ENCINAS, SUITE G ▪ CARLSBAD, CA 92008 (760) 930-6014 FIRE ALARM TESTING, INSPECTION, MONITORING AND SERVICE AGREEMENT PAGE 10 OF 10 REVISION 20250807 NOTES
This Agreement confirms to prevailing wage requirements of California Elevator recall or other supervision function testing shall be scheduled by the subscriber and should be scheduled in conjunction with the Annual 100% Fire Alarm Inspection. Service rates will apply if elevator or other supervision testing is scheduled outside of Annual Fire Alarm Inspection. A fire vendor technician is needed to assist in the elevator or other supervision equipment testing.
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
Subscriber Company: City of Diamond Bar Pyro-Comm Systems, Inc.:
Signature Signature
Print Name Print Name
Title Title
________________________________________________ ____________________________________________________ Date Date
Internal Use Only
PyroComm Systems, Inc. Service Department Acceptance:
_________________________ ____________________
Signature Date
Agenda Item #: 7.7
Meeting Date: September 16, 2025
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Appropriation for Special Legal Counsel Services.
STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:
Appropriate $100,000 from the General Fund Unassigned fund balance for Special Legal Services.
FINANCIAL IMPACT:
A total of $100,000 would be appropriated from the General Fund to the City Attorney Special Legal Services account (100120-54022) to cover such costs.
BACKGROUND:
In addition to the City’s primary legal services through Woodruff & Smart, the City often enlists the services of additional legal experts to assist in a number of matters important to the community. The City has secured the services of Claire Collins of Hansen Bridgett LLP for special legal counsel services related to issues involving the sanitary sewer system serving properties in the City.
ANALYSIS:
Ms. Collins’ services were initially retained for a not-to-exceed amount of $45,000 under the City Manager’s signature authority. In May 2025, the City Council approved an additional appropriation of $100,000, bringing the total appropriations to date to $145,000. It is anticipated that at some future date, the cost of Ms. Collins’ services will exceed that amount and thus, City Council approval of an additional appropriation is required.
It is therefore recommended that the City Council appropriate $100,000 from the available General Fund balance to cover such services.
LEGAL REVIEW:
The City Attorney has reviewed and approved this item as to form.
PREPARED BY:
Agenda Item #: 7.7
Meeting Date: September 16, 2025
Daniel Fox, City Manager
ATTACHMENTS:
None
Agenda Item #: 7.8
Meeting Date: September 16, 2025
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Hispanic Heritage Month Proclamation.
STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION:
Adopt a Proclamation declaring September 15 - October 15, 2025 as Hispanic Heritage Month.
FINANCIAL IMPACT:
None.
BACKGROUND:
The United States is home to over 60 million Latinos, nearly 19% of the population. Hispanic people have been a part of this country from the very beginning, and continue to fuel the economy, and enrich our culture as entrepreneurs, scientists, public servants, athletes, artists, entertainers and much, much more.
Hispanic Heritage Week was first observed in 1968 and in 1988 Congress enacted it into law by Public Law 100- 402 and expanded to cover a 30-day period starting on September 15 and ending on October 15.
Each year, Americans observe and celebrate National Hispanic Heritage month from September 15 to October 15 as a time to celebrate the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America.
September 15 is significant because it is the anniversary of independence for Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico, and Chile observe their independence on September 16 and 18, respectively.
ANALYSIS:
Hispanic Heritage Month is an important event to honor and celebrate the achievements that Hispanic people have made throughout history and to educate our community on the benefit of a diverse and inclusive world.
Agenda Item #: 7.8
Meeting Date: September 16, 2025
PREPARED BY:
Kristina Santana, City Clerk, City Clerk's Office
ATTACHMENTS:
1. Hispanic Heritage Month Proclamation
PROCLAMATION
“HISPANIC HERITAGE MONTH 2025”
WHEREAS, for over 50 years, Hispanic Heritage month has been celebrated in the United States from September 15 – October 15 as a time to recognize and celebrate the many contributions, diverse cultures, and extensive histories of the American Latino community; and WHEREAS, we begin the observance on September 15 because it is the anniversary of independence for: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18, respectively; and
WHEREAS, the observation began in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson; and in 1988, it was expanded by Congress to cover a 30-day period and enacted into federal law, calling upon all the people of the United States to observe this time with ceremonies, activities and programs; and
WHEREAS, the Hispanic population of the United States totals 66.66 million people, making it the largest ethnic or racial minority and 19.5% of the total population; and WHEREAS, the nationwide observance theme for Hispanic Heritage Month 2025, “Collective Heritage: Honoring the Past, Inspiring the Future” encourages reflection on the historical achievements and contributions of Hispanic and Latine communities, while also looking forward to how these communities are shaping the future; and NOW, THEREFORE, BE IT RESOLVED, that the Diamond Bar City Council does hereby proclaim September 15 – October 15, 2025 as “Hispanic Heritage Month" in Diamond Bar and urges the community to learn more about the various Hispanic key figures, cultures, traditions and values that have positively enriched our community and our nation.
September 16, 2025
Chia Yu Teng
Mayor
Steve Tye Andrew Chou
Mayor Pro Tem Council Member
Stan Liu Ruth M. Low
Council Member Council Member
Agenda Item #: 7.9
Meeting Date: September 16, 2025
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Childhood Cancer Awareness Month Proclamation.
STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION:
Adopt a Proclamation declaring September as Childhood Cancer Awareness Month.
FINANCIAL IMPACT:
None.
BACKGROUND:
Cancer remains the leading cause of death by disease for children in the United States. National Childhood Cancer Awareness Month is an annual national health campaign organized by major childhood cancer organizations to increase awareness of pediatric cancer and to raise funds for research into its cause, prevention, diagnosis, treatment and cure.
In 1990, President George H.W. Bush signed a proclamation naming October as National Awareness Month for Children with Cancer. In 2008, the United States Senate passed the "National Childhood Cancer Awareness Day" resolution, recognizing September 13, 2008 as National Childhood Cancer Awareness Day. In 2012, 2015 and 2016, President Barack Obama signed proclamations recognizing September as National Childhood Cancer Awareness Month.
ANALYSIS:
The aim of adopting this proclamation is to elevate awareness, and encourage action to the fight against childhood cancer. During National Childhood Cancer Awareness Month, we honor the courage of the children who fight cancer every day and all the loved ones who support them.
PREPARED BY:
Kristina Santana, City Clerk, City Clerk's Office
Agenda Item #: 7.9
Meeting Date: September 16, 2025
ATTACHMENTS:
1. Childhood Cancer Awareness Month Proclamation
PROCLAMATION
“CHILDHOOD CANCER AWARENESS MONTH”
WHEREAS, childhood cancer is the leading cause of death by disease in children, with approximately 47 children diagnosed with cancer every day in the United States; and WHEREAS, 1 in 285 children in the United States will be diagnosed with cancer by their 20th birthday; and
WHEREAS, two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity, with one quarter being classified as severe to life-threatening; and
WHEREAS, in the last 30 years the number of drug approvals is still significantly lower for pediatric cancers than for adult cancers; and
WHEREAS, hundreds of non-profit organizations at the local and national level are helping children with cancer and their families cope through educational, emotional and financial support; and
WHEREAS, researchers and healthcare professionals work diligently dedicating their expertise to treat and cure children with cancer; and
WHEREAS, increased awareness and support for childhood cancer research is needed to improve treatments, find cures, and enhance the quality of life for young cancer patients and survivors;
NOW, THEREFORE, the City Council of Diamond Bar, does hereby proclaim September 2025 as CHILDHOOD CANCER AWARENESS MONTH in Diamond Bar, California. We encourage all residents to join in recognizing the impact of childhood cancer on families in our community and supporting efforts to combat this devastating disease affecting our youngest citizens.
IN WITNESS WHEREOF, we have hereunto set our hands and caused the Seal of the City of Diamond Bar to be affixed this 16th day of September, 2025.
September 16, 2025
Chia Yu Teng
Mayor
Steve Tye Andrew Chou
Mayor Pro Tem Council Member
Stan Liu Ruth M. Low
Council Member Council Member