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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc. 










 


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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc. 










 


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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc. 










 


Exhibit A

Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.

Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
ine
Item Cate or or T pe Offered Comments
90 Services for the acquisition by Sourcewell participating entities, whether by lease or financing, of on-road vehicles of all types or classifications, all weight classes, and all engine types Yes
No
As the largest purchaser of vehicles in
North America, Enterprise has the ability
to acquire vehicles from nearly any
manufacturer. This includes specialty
vehicles and Emergency Response
Vehicles.
*
91 New vehicle service and preparation for the vehicles described in Line 90 above, such as, pre-delivery inspection, parts and accessories installation, and vehicle marking application or installation
Yes
No
Through our Fleet Management programs
we are able to offer all of these services. *
92 Preventative maintenance plans, vehicle maintenance and repair services, and related service level agreements for Sourcewell participating entity on-road vehicle fleets of all types Yes
No
Through our Fleet Management programs
we are able to offer all of these services. *
93 In addition to the solutions described in Lines 90-92 above, proposers may include a complementary offering of the following ancillary services:
i. Short-term rental programs;
ii. Upfitting of after-market programs;
iii. Fleet management information technologies, such as:
telematics, fleet monitoring, fuel management, fuel tank management, and motor pool/fleet sharing software and systems; iv. Roadside assistance including towing, emergency towing, and repairs;
v. Installation, operation, and maintenance of dedicated charging and fueling stations; and
vi. Vehicle battery longevity monitoring and replacement plans.

Yes
No
Through our Fleet Management programs
we are able to offer all of these services.

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure our submission document(s) conforms to the following :

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Pricing-Final.xlsx - Tuesday March 01, 2022 14:16:51 Financial Strength and Stability - Enterprise Financial Stability.pdf - Tuesday March 01, 2022 14:16:39 Marketing Plan/Samples - Sample Marketing Plan.pdf - Tuesday March 01, 2022 14:19:21 WM8E/M8E/S8E or Related Certificates - Wade Ford 2022 GMSDC Certificate.pdf - Tuesday March 01, 2022 14:27:57 Warranty Information - Sample Warranty Information.pdf - Tuesday March 01, 2022 14:26:14 Standard Transaction Document Samples - Sample Quote 2427574.pdf - Tuesday March 01, 2022 15:27:53 Upload Additional Document - Sourcewell Submission.zip - Tuesday March 01, 2022 14:20:22 










 


Exhibit A

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Exhibit A

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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc. 










 


Exhibit A

Exhibit B
Sourcewell Contract Extension with Enterprise Fleet Management, Inc.

RFP#030122
Exhibit B

Rev. 7/2022 1

CONTRACT EXTENSION
Contract Number: 030122-EFM
Sourcewell and
202 12th Street Northeast
Staples, MN 56479
Enterprise Fleet Management, Inc.
600 Corporate Park Drive
St. Louis, MO 63105
(Sourcewell) (Supplier)
have entered into Contract Number: 030122-EFM for the procurement of:

Fleet Management Services
The Contract has an expiration date of 2026-04-18 , but the parties may extend the Contract by mutual consent.

Participating Entities. Supplier and Sourcewell agree to extend the Contract listed above for an additional period, with a new contract expiration date of 2027-04-18. All other terms and conditions of the Contract remain in full force and effect.

Sourcewell Enterprise Fleet Management, Inc.

Authorized Signature Authorized Signature
Jeremy Schwartz
Name Name
Chief Operating and Procurement Officer
Title Title
Date Date
Exhibit B

Exhibit C
Master Equity Lease Agreement and all Supplemental Agreements and Documents Exhibit C

AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT (“Amendment”) dated this ____ day of ____________, 2026 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the ____ day of ____________, 2026 (“Agreement”) by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and City of Diamond Bar, CA ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.

Section 17 of the Master Equity Lease Agreement is amended to read as follows:

Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles).

All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.

IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day and year first above written.

City of Diamond Bar, CA (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact By By
Title: Title:

Date Signed:_________________, _______ Date Signed:________________________, _______

Agenda Item #: 6.10
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Services Agreement with the Regional Chamber of Commerce San Gabriel Valley through June 30, 2027.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement for Fiscal Year 2026/27 would be $12,000. Sufficient funds are included in the Fiscal Year 2026/27 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 2026/27 Consulting Services Agreement scope of work is designed to continue cooperation between the City and Chamber, with specific core deliverables defined. These include:
• Meetings with staff from the City's Office of Economic Development to improve communication, develop programming, and develop relationships in the business community. • 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. • Business assistance/service matching programming.
• Quarterly reporting.

Agenda Item #: 6.10
Meeting Date: June 16, 2026
In FY 2026/27, 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:

Ryan McLean, Assistant City Manager, City Manager's Office ATTACHMENTS:

1. Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley Through June 30, 2027

CONSULTING SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2026 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, 2026, and shall continue until June 30, 2027 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.

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

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 followinginsurance:

(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

constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

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

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

I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.

11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City.

City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects.

12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.

13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or

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

13. Conflict of Interest.

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

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

14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as 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.

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.

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.

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: ____
Lauren James Dan Fox, City Manager
President and Chairman of the Board

ATTEST:

Kristina Santana, City Clerk

Approved as to form:

By:____
Omar Sandoval, City Attorney

EXHIBIT “A”
FY 2026-2027 CITY SERVICES CONTRACT

REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY

SCOPE OF SERVICES
July 1, 2026 through June 30, 2027
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, 2027.

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

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 2026 Beerfest/Taste of Diamond Bar event scheduled for Spetember 20, 2026) 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 continue to 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 maintain 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), 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.

Agenda Item #: 6.11
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Printing and Mailing Services for the City Newsletter and Recreation Guide with The Dot Printer, Inc.

STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION:

Approve, and authorize the City Manager to issue, a Purchase Order to The Dot Printer, Inc. for printing and mailing services in the not-to-exceed amount of $78,981 for FY 2026/27.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Purchase Order for Fiscal Year 2026/27 would be $78,981 which includes the bid amount of $71,801 plus a 10% contingency amount of $7,180. Sufficient funds are included in the Fiscal Year 2026/27 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 increases to 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 the newsletter and recreation guide, the Community Relations Division solicited proposals from qualified commercial printers through the PlanetBids portal. Of the 46 vendors that were notified of the bidding opportunity, six printers responded, with bid amounts ranging from $71,801 to $170,720. The lowest responsive bid was received from The Dot Printer, Inc. Based in Irvine, The Dot Printer is a full-service printer that has been in business since 1980. They have the equipment and expertise to manage the printing and mailing of both publications in-house using 30% post-consumer recycled content paper, in compliance with CalRecycle's SB 1383 regulations.

Agenda Item #: 6.11
Meeting Date: June 16, 2026
PREPARED BY:

Cecilia Arellano, Community Relations Manager, Community Relations ATTACHMENTS:

1. PlanetBids Bid Summary-Printing and Mailing Services 2026

2. FY27 Newsletter Rec Guide Printing Quotation Packet

City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 188 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 189 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 190 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 191 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 192 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 193 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 194 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 195 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 196 of 655
City of Diamond Bar
Printing and Mailing of the City Newsletter and Recreation Guide (CRD-2026-001), bidding on 06/05/2026 12:00 PM (PDT)

Printed 06/08/2026
PlanetBids Page 197 of 655
Cecilia Arellano
Phone Number:
1 Address
2 Address
3 Address
Description: Quantity: Unit Price: Unit Price Unit Price 4-Page
Newsletter 6 $ 2,747.08 $ 3,531.70 $ 3,018.66
6-Page
Newsletter 3 $ 4,419.94 $ 4,581.09 $4,463.33
32-Page
Rec Guide 3 $ 14,019.46 $ 14,832.00 $16,368.33
Subtotal: Subtotal: Subtotal:

TOTAL: $ 71,800.68 TOTAL: $ 79,429.47 TOTAL: $ 80,606.94 $ 71,800.68 $ 79,429.47 $ 80,606.940
$ 42,058.38 $ 44,496.00 $ 49,104.99
$ 16,482.48 $ 21,190.20 $ 18,111.96
$ 13,259.82 $ 13,743.27 $ 13,389.99

BID/QUOTE TABULATION
THE DOT PRINTER DIRECT CONNECTION iCOLOR PRINTING &

MAILING
Total: Total: Total:
iCOLOR PRINTING & MAILING 6/1/2026 714-550-9779
937 PINE AVENUE, LONG BEACH, CA 90813 Contact: SAMEER KHAN 1538 E. ARROW HIGHWAY, LA VERNE, CA 91750 Contact: CHRIS HODGMAN DIRECT CONNECTION MAILING 6/4/2026 310-997-1452
THE DOT PRINTER 6/5/2026 414-712-6952
2424 McGAW AVE., IRVINE, CA 92614 Contact: ERIQ ZAQUETA Description of Item(s) or Service(s): Quantity:

Printing and mailing services - nine monthly newsletters and four seasonal recreation guides for fiscal year 2027.

Vendor Name Date of Quote Method (email/fax/phone)
Extension: Date: 6/8/26
Account Number: 100240-52110
City of Diamond Bar

BID /QUOTATION WORKSHEET FORM
Attach Written Bids from Vendors To This Form
Employee Name: Dept./Div.: Community Relations

Cecilia Arellano
Phone Number:
4 Address
5 Address
6 Adddress
Description: Quantity: Unit Price: Unit Price Unit Price 4-Page
Newsletter 6 $ 4,175.45 $ 4,825.98 $ 7,524.46
6-Page
Newsletter 3 $6,208.95 $ 6,670.82 $8,611.00
32-Page
Rec Guide 3 $ 15,478.86 $ 21,182.24 $33,246.57
Subtotal: Subtotal: Subtotal:

TOTAL: TOTAL: TOTAL:

City of Diamond Bar
Employee Name: Dept./Div.:

Extension: Date:

Attach Written Bids from Vendors To This Form
$ 18,626.85
$ 28,955.88
$ 112,515.06
Total:
$ 45,146.76
$ 112,515.06 $ 170,719.47

BID /QUOTATION WORKSHEET FORM
$ 90,116.13
Total:
$ 46,436.58
$ 90,116.13
$ 25,052.70
10266 BIRTCHER DRIVE, JURUPA VALLEY, CA 91752
$ 25,833.00
$ 63,546.72 $ 99,739.71
$ 20,012.46
Vendor Name
$ 170,719.47
Date of Quote
6/2/2026 909-595-1108
6/4/2026
Contact:

Method (email/fax/phone)

KES MAIL, INC

ACP PUBLICATIONS & MARKETING
20268 CARREY ROAD, WALNUT, CA 91789
2930 VAIL AVE., COMMERCE, CA 90040
Total:

Contact: CARMINA BAUTISTA
310-970-8041
Description of Item(s) or Service(s):

Printing and mailing services - nine monthly newsletters and four seasonal recreation guides for fiscal year 2027.

YAMIT RATANJEE

DAY & NITE PRINTING & GRAPHICS
Community Relations
Quantity:

Account Number: 100240-52110
Contact: STEVEN KRIZEK

BID/QUOTE TABULATION

DAY & NITE
PRINTING & GRAPHICS KES MAIL, INC. ACP PUBLICATIONS &

MARKETING
6/8/26

City of Diamond Bar
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Attn: Cecilia Arellano, Community Relations Manager
RE: Proposal Submission – Printing and Mailing of City Newsletter and Recreation Guide (FY26) 06/05/2026 12:00 PM (PDT)
Cover Letter
Dear Cecilia,
On behalf of Dot Printer, I am pleased to submit our bid for the Printing and Mailing of the City Newsletter and Recreation Guide CRD-2026-001.

Dot Printer has experience working with cities, public agencies, and community organizations on printed materials such as newsletters, recreation guides, brochures, postcards, and other mailed pieces. We understand how important these publications are for keeping residents informed, and we take pride in producing quality work that is accurate, professional, and delivered on time.

For this project, our team is prepared to handle the printing, mailing preparation, sorting, bundling, and delivery needed to complete each newsletter and recreation guide mailing. We will make sure communication stays clear throughout the process and that each mailing is handled with care from start to finish.

We appreciate the opportunity to submit our bid and would be grateful for the chance to work with the City on this project. Please let me know if there is anything else you need from us.

Sincerely,
Eriq Zazueta
Business Development Representative

Vendor
Address
Representative Name
Phone Email
Description Quantity Monthly Price 6 Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Description Quantity Monthly Price 3 Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost

CITY NEWSLETTER - 4 PAGE ISSUE
CITY NEWSLETTER - 6 PAGE ISSUE
CITY NEWSLETTER - 32 PAGE ISSUE
City of Diamond Bar
Request for BID - BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 $1,549.92
$240.00
$92.19
$8.99
$75.00
$629.86
$151.12
$1,941.04
$806.04
$9,299.52
$906.72
$11,646.24
$553.14
$53.94
$450.00
$3,779.16
$4,836.24
$1,440.00
$2,988.57
$291.39
$240.00
$3,519.96
$177.79
$17.33
$75.00
$629.86
$899.98
$8,965.71
$874.17
$720.00
$10,559.88
$533.37
$51.99
$225.00
$1,889.58
$2,699.94
The Dot Printer, Inc.
2424 McGaw Ave Irvine, CA 92614
Eriq Zazueta, Business Development Representative
414-712-6952 Eriq Zazueta

City of Diamond Bar
Request for BID - BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Description Quantity Monthly Price 3 Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 2,500
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Turnaround days for delivery to post
office after files are received:

Representative Signature Date

QUESTION
Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges. $10,603.14
$1,033.81
$240.00
$1,419.43
$138.39
$75.00
$509.69
$2,142.51
$11,876.95
$31,809.42
$3,101.43
$720.00
$35,630.85
$4,258.29
$415.17
$225.00
$1,529.07
$6,427.53
5 days
$71,800.68
06/05/2026

Direct Connection
1538 Arrow Hwy, La Verne, CA 91750 | (909) 392-2334 | [email protected]

SUBMITTED TO
City of Diamond Bar
21810 Copley Dr, Diamond Bar, CA 91765
Printing and Mailing of Diamond Bar
City Newsletter and Recreation Guide
Fiscal Year 2026 - 2027
Direct Connection | Design - Print - Mail | Since 1990 | La Verne, CA

City of Diamond Bar
Request for BID – BID SHEET | Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026

Vendor: Address:

Representative Name: Phone: Email:

CITY NEWSLETTER – 4 PAGE ISSUE
Description Quantity Monthly Price 6-Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Delivery Fee
Total Cost
Additional Copies
Description Quantity Monthly Price 6-Month Total
Additional Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
CITY NEWSLETTER – 6 PAGE ISSUE
Description Quantity Monthly Price 3-Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Delivery Fee
Total Cost
Additional Copies
Description Quantity Monthly Price 3-Month Total
Additional Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Direct Connection Mailing 1538 Arrow Hwy
Christopher Hodgman (909) 297-6008 [email protected] $2,700.00 $16,200.00
$0 $0
$200.00 $1,200.00
$2,900.00 $17,400.00
$120.00 $720.00
$11.70 $70.200
$50.00 $300.00
$450.00 $2,700.00
$3,531.70 $21,190.00
$3,700.00 $16,200.00
$0.00 $0.00
$200.00 $600.00
$3,900.00 $11,700.00
$165.00 $495.00
$160.09 $48.27
$50.00 $150.00
$450.00 $1,350.00
$4,581.09 $13,743.27

City of Diamond Bar
Request for BID – BID SHEET | Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026

CITY NEWSLETTER – 32 PAGE ISSUE
Description Quantity Monthly Price 3-Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Delivery Fee
Total Cost
Additional Copies
Description Quantity Monthly Price 3-Month Total
Additional Copies 2,500
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Turnaround days for delivery to post office after files are received:

Grand total must include all fees, including additional copies, sales tax, delivery, and mailing charges.

Representative Signature: Date:
$12,375.00 $37,125.00
$0.00 $0.0
$200.00 $600.00
$12,575.00 $37,725.00
$1,375.00 $4,125.00
$132.00 $396.00
$50.00 $150.00
$700.00 $2,100.00
$14,832.00 $44,496.00
$79,429.47
5-6 business days
Christopher Hodgman 06/04/2026

June 03, 2026
Cecilia Arellano
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
REF: Letter of Transmittal – CRD-2026-001 •
Printing and Mailing of the City Newsletter and Recreation Guide Dear Cecilia,
Thank you for the opportunity to present the services of my firm, I Color Printing & Mailing Inc. (iColor). Please allow this letter to serve as our interest to submit our bid package as outlined in the above referenced bid.

Enclosed herewith, please find our bid pricing sheet for your review. We have reviewed the bid extensively and are confident that you will find the information contained within to be clear, concise and informational.

Identification of Offeror:

Name:

Corp Headquarters:

Offeror’s Representative:

Office Phone:

Direct (preferred):

Email Address:

Status:

I Color Printing & Mailing Inc.
13000 S Broadway Los Angeles, CA 90061
Sameer Khan
310-997-1452
310-920-7260
[email protected]
Private held – C Corporation
130 0 0 S. Bro a d w a y
Lo s An g e le s CA 90 0 61
(310 ) 997-14 52
w w w .ic o lo rp rin t in g .n e t
We appreciate the opportunity to submit this proposal and remain at your disposal for any additional information or clarification you may require. Please feel free to contact me at any time. Thank you, and we look forward to servicing you soon.

Sincerely,
Sameer Khan

Vendor
Address
Representative Name
Phone Email
Description Quantity Monthly Price 6 Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Description Quantity Monthly Price 3 Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost

CITY NEWSLETTER - 4 PAGE ISSUE
CITY NEWSLETTER - 6 PAGE ISSUE
CITY NEWSLETTER - 32 PAGE ISSUE
City of Diamond Bar
Request for BID - BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 I Color Printing & Mailing, Inc.
13000 South Broadway., Los Angeles, CA 90061
Sameer Khan
310-997-1452 [email protected]
$2,350.00 $14,100.00
$0.00 $0.00
$250.00 $1,500.00
$2,829.13 $15,600.00
$102.00 $612.00
$0.00 $0.00
$175.00
$850.00
$1,136.95
$1,050.00
$850.00
$2,512.00
$3,600.00 $10,800.00
$0.00 $0.00
$250.00 $750.00
$4,201.00 $11,550.00
$155.00
$0.00
$175.00
$850.00
$1,195.11
$465.00
$0.00
$525.00
$850.00
$1,840.00

Yamit Ratanjee
909.595.1108
20268 Carrey Rd.

Walnut, CA 91789
Day & Nite originated as a textbook printing press exclusively serving Mount San Antonio College. Under new ownership in 2020, we expanded our services to encompass full-service commercial printing, promotional items, and engraving and personalization. This evolution has positioned us as a comprehensive printing and promotional solutions provider, offering awards and personalized items to the communities of Diamond Bar, Walnut, and the surrounding areas. Our core mission remains unwavering: delivering exceptional customer service and top-quality products.

Our customers consistently express satisfaction with our printing and personalization capabilities. On the following page is the price breakdown for each mailing.

We appreciate your time and consideration. We look forward to working with you.

Sincerely,
Yamit Ratanjee
Owner of Day & Nite Printing

Vendor
Address
Representative Name
Phone Email
Description Quantity Monthly Price 6 Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Description Quantity Monthly Price 3 Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost

CITY NEWSLETTER - 4 PAGE ISSUE
CITY NEWSLETTER - 6 PAGE ISSUE
CITY NEWSLETTER - 32 PAGE ISSUE
Request for BID BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 'D\ 1LWH3ULQWLQJ
&DUUH\5G:DOQXW&$


<DPLW5DWDQMHH



 <DPLW#'D\DQG1LWHFRP

 
 

 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 

Yamit Ratanjee
909.595.1108
20268 Carrey Rd.

Walnut, CA 91789

City of Diamond Bar
Request for BID - BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Description Quantity Monthly Price 3 Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 2,500
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Turnaround days for delivery to post
office after files are received:

Representative Signature Date

QUESTION
Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges. 
 


 
 

 

 
 

 
 

 


%XVLQHVV'D\VDIWHUDUWDSSURYDO


Yamit Ratanjee
909.595.1108
20268 Carrey Rd.

Walnut, CA 91789

Cover Letter
This proposal is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not named therein; the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham bid, or any other person, firm or corporation to refrain from submitting a proposal, and the proposer has not in any manner sought by collusion to secure for themselves an advantage over any other proposer.

Legal Business Name: KES Mail, Inc.

Address: 2930 Vail Ave, Commerce CA 90040-2616
Phone: (310) 970-8041
Website: www.kesmail.com
Business Status: Corporation
Person authorized to represent the proposer in negotiations: Steven A. Krizek Title: CEO
Address: KES Mail, Inc., 2930 Vail Ave, Commerce CA 90040-2616 Phone: (310) 970-8041 ext. 202
Email: [email protected]
Alternatives/conditions to requirements: N/A
Regards,
Steven A. Krizek
CEO

Vendor
Address
Representative Name
Phone Email
Description Quantity Monthly Price 6 Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Description Quantity Monthly Price 3 Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost

CITY NEWSLETTER - 4 PAGE ISSUE
CITY NEWSLETTER - 6 PAGE ISSUE
CITY NEWSLETTER - 32 PAGE ISSUE
City of Diamond Bar
Request for BID - BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 KES Mail, Inc.
2930 Vail Ave, Commerce CA 90040
Steve Krizek
(310) 970-8041 (310) 970-8041
$2,955.50
$310.33
$400.00
$3,665.83
$17,733.00
$1,861.98
$2,400.00
$21,994.98
$788.16
$82.74
$300.00
$5,790.00
$13,662.00
$1,434.51
$1,200.00
$16,296.51
$131.36
$13.79
$50.00
$965.00
$4,825.98 $28,955.88
$4,554.00
$478.17
$400.00
$5,432.17
$607.20
$63.75
$150.00
$2,895.00
$202.40
$21.25
$50.00
$965.00
$6,670.82 $20,012.46

City of Diamond Bar
Request for BID - BID SHEET
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: noon on Thursday, June 4, 2026 Description Quantity Monthly Price 3 Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 2,500
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Turnaround days for delivery to post
office after files are received:

Representative Signature Date

QUESTION
Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges. $48,300.00
$5,071.50
$1,200.00
$54,571.50
$16,100.00
$1,690.50
$400.00
$18,190.50
$5,366.70
$563.52
$150.00
$965.00
$1,788.90
$187.84
$50.00
$965.00
$21,182.24 $63,546.72
$112,515.06
PDF proof within 24 hours after receipt of files. 4-pg and 6-pg Newsletter printed and mailed within 5 business days from approval. 32-pg Guide printed and mailed within 7 business days from approval. 6/4/2026

Agenda Item #: 6.12
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: First Amendment to the Consulting Services Agreement with Roth Staffing Companies for Temporary Staffing Services.

STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION:

Approve, and authorize the City Manager to sign, the First Amendment to the Consultant Services Agreement with Roth Staffing Companies.

FINANCIAL IMPACT:

The First Amendment would increase the total not-to-exceed compensation under the Agreement by $45,000 for a total of $89,999. Sufficient funds are available in the FY 2026/27 operating budget to cover the cost of such services.

BACKGROUND:

In late 2025, the City’s Finance Department experienced a long-term employee absence, and eventual separation, which resulted in a need for temporary staffing assistance at the professional accountant level.

During that same time period, the City Clerk’s Office had a series of planned and unplanned staff absences that required temporary staffing assistance as to not disrupt City operations at the front counter of City Hall.

Under the City Manager's authority, the City entered into a consultant services agreement with Roth Staffing Companies to provide temporary staff to both the Finance Department and City Clerk’s Office.

ANALYSIS:

The City previously used Roth Staffing temporary staffing services to assist with short-term employee absences and found them to consistently provide reliable and qualified staff. This amendment would allow City departments, as needed, to utilize the temporary staffing services from Roth Staffing Companies to fill-in with temporary staff so that City operations and service levels remain at consistent and productive levels.

Temporary staffing services are only utilized on an on-call or as-needed basis and not meant to supplement or replace City personnel on a long-term basis. Without the use of temporary staffing services, the City departments, and in some cases members of the public, may experience service delays, lower productivity and/or an increased strain on existing staff.

Agenda Item #: 6.12
Meeting Date: June 16, 2026
The proposed First Amendment to the Consulting Services Agreement would extend the not-to-exceed amount by $45,000 for FY 2026/27. City departments would pay for temporary staffing services through authorized and budgeted funds from salary savings and/or professional services accounts.

LEGAL REVIEW:

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

PREPARED BY:

Amy Haug, Director, Human Resources & Risk Management
ATTACHMENTS:

1. Roth Staffing Companies Ammendment No. 1

1 AMENDMENT NO. 1
TO

STAFFING SERVICES AGREEMENT
This Amendment No. 1 to Staffing Services Agreement (the “Agreement”) is made and entered into as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation (“City”), and Roth Staffing Companies, L.P. dba Ultimate Staffing Services and Ledgent Finance & Accounting Consultant”) with reference to the following:

A. The City and the Consultant entered into that certain Temporary Staffing Services Agreement dated as of December 18, 2025, which is incorporated herein by this reference (the “Agreement”); and
B. The City and the Consultant desire to amend the Agreement to modify, amend and supplement certain portions of the Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

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

2. Term of Agreement. The Agreement was for the term of December 18, 2025 through June 30, 2026. This Amendment extends the term of the Agreement from July 1, 2026 through June 30, 2027.

3. Compensation. Total payment to Consultant pursuant to the Agreement was not exceed $44,999. This Amendment increases the not to exceed amount by $45,000 for fiscal year 2026/27.

4. Integration. This Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 1 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 Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 55E1DCBC-B75D-8136-821A-229406BA9782

2 IN WITNESS hereof, the parties enter into this Amendment No. 1 on the year and day first above written.
“CONSULTANT” “CITY”

ROTH STAFFING COMPANIES CITY OF DIAMOND BAR
By: By:

Jennifer Simonson, General Counsel & SVP Daniel Fox, City Manager

ATTEST:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, City Attorney
Docusign Envelope ID: 55E1DCBC-B75D-8136-821A-229406BA9782

Agenda Item #: 6.13
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Authorization to Submit a List of Projects to be Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for FY 2026/27.

STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION:

Adopt Resolution No. 2026-23 authorizing the submission of the FY 2026/27 list of road projects funded by SB-1:

The Road Repair and Accountability Act of 2017.

FINANCIAL IMPACT:

Sufficient funds in the amount of $1,500,000 have been included in the FY 2026/27 budget for the new Road Repairs and Accountability Act of 2017-funded capital improvement projects. In addition to these new appropriations, remaining balances from FY 2025/26 will be carried over into FY 2026/27 for Road Repair and Accountability Act of 2017-funded capital improvement projects for a total amount of $3,000,000.

New Appropriation FY 26/27: $1,500,000
Carryover Appropriation from FY 25/26: $1,500,000
Total FY 26/27 Appropriation: $3,000,000
BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017 (RMRA). In order to address basic road maintenance, rehabilitation, and critical safety needs on both state highways and local streets and roads, SB1 increased per-gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees.

SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, to be eligible for RMRA funding, cities and counties must submit 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 for funding must be included in the budget and adopted by resolution of the City Council at a public meeting.

Once the CTC receives the project list from the City, it will report to the Controller that the list has been

Agenda Item #: 6.13
Meeting Date: June 16, 2026
submitted and that 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, 2026 (Attachment 1).

ANALYSIS:

The proposed FY 2026/27 budget anticipates allocating $3,000,000 in RMRA funds for the following improvement projects:

Carryover funding from FY 2025/26 — $1,500,000

1. Arterial Street Rehab (Construction) - $1,500,000
• Brea Canyon Rd. from Diamond Bar Blvd. to Pathfinder Rd. • Brea Canyon Rd. from Pathfinder Rd. to Golden Springs Dr. • Diamond Bar Blvd. from SR-60 Off-Ramp to City Limits
New funding in FY 2026/27 — $1,500,000

2. Arterial Street Rehab (Construction) - $1,500,000
• Residential and Collector Streets Pavement Rehabilitation – Area 5 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. The City is anticipated to meet the required MOE each fiscal year.

LEGAL REVIEW:

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

PREPARED BY:

Christian Malpica, Associate Engineer, Public Works
ATTACHMENTS:

1. Resolution No. 2026-23

2. Exhibit A - Project List FY 26-27

RESOLUTION NO. 2026-23

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 2026/27.

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 $1,500,000 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2026-27; and
WHEREAS, The City of Diamond Bar will carry over an estimated $1,500,000 of RMRA funding from Fiscal FY 2025-26 with a new appropriation in the amount of $1,500,000 for a total of $3,000,000 for FY 2026-27.

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).

CITY OF DIAMOND BAR
__________________________
Steve Tye, Mayor

Resolution No. 2026-23
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 16th day of June, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

__________________________
Kristina Santana, City Clerk

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
(Construction)
- Brea Canyon Rd from
DBB to Pathfinder
- Brea Canyon Rd from
Pathfinder to Golden
Springs Dr
- Diamond Bar Blvd from
SR 60 off-ramp to City
Limits
SI262 Road Maintenance &
Rehabilitation
As part of the City’s ongoing pavement rehabilitation
program, the entire width of the following street
segments is scheduled for rehabilitation:

Brea Canyon Road from Diamond Bar Boulevard to
Pathfinder Road; Brea Canyon Road from Pathfinder
Road to Golden Springs Drive;
Diamond Bar Boulevard from the SR-60 off-ramp to the
City Limits. This project consists of a total of
approximately 3.8 centerline miles slated for
rehabilitation.
06/2026 06/2026 10 20 29 55 No No No No
PP02 5455
Residential and Collector
Street Rehab - Area 5
(Construction)
SI272 Road Maintenance &
Rehabilitation As part of the City’s ongoing pavement
rehabilitation program, the full width of the
residential and collector roadways will be
rehabilitated. This project consists of
approximately 10.7 centerline miles of roadway
scheduled for rehabilitation.
05/2027 06/2027 10 20 29 55 No No No No
PP04 5455
PP05 5455
PP06 5455
PP07 5455
PP08 5455
PP09 5455
PP10 5455
PP11 5455
PP12 5455
PP13 5455
PP14 5455
PP15 5455
PP16 5455
PP17 5455
PP18 5455
PP19 5455
PP20 5455
PP21 5455
PP22 5455
PP23 5455
PP24 5455
PP25 5455
PP26 5455
PP27 5455
PP28 5455
PP29 5455
PP30 5455
PP31 5455
PP32 5455
PP33 5455
PP34 5455
PP35 5455
PP36 5455
PP37 5455
PP38 5455
PP39 5455
PP40 5455
PP41 5455
PP42 5455
PP43 5455
PP44 5455
PP45 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

Agenda Item #: 6.14
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Continued Participation in the National Intergovernmental Purchasing Alliance (NIPA) to Purchase Janitorial Supplies for City Facilities.

STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION:

Adopt Resolution No. 2026-24 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2026/27.

FINANCIAL IMPACT:

Sufficient funds for the purchase of sanitary supplies are included in the Fiscal Year 2026/27 Operating Budget for the Civic Center, Diamond Bar Center, and various Parks totaling $65,000.

BACKGROUND:

The City's Purchasing Ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal Code, generally requires the use of formal bidding procedures for the procurement of goods and services that cost in excess of $45,000. Section 3.24.090(f) provides an exception as follows: "When supplies, personal property, services or equipment can be more efficiently or more cost-efficient obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program. Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council." The City has been using Waxie Sanitary Supply for janitorial supplies at the City facilities. Waxie provides highquality products and years of responsive customer service that staff has come to rely on. On February 17, 2015, the City Council authorized the use of the National Intergovernmental Purchasing Alliance (NIPA), currently part of OMNIA Partners - Public Sector, for purchase of Waxie products for the Fiscal Year 2014/15.

Subsequently, the City Council has authorized the use of NIPA for the procurement of Waxie products every year since. Staff is seeking authorization for continued use of the NIPA for purchases of Waxie products.

ANALYSIS:

It is recommended that the City forgo its separate bidding process and utilize the bidding process conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead agency) for the NIPA, and negotiated a contract with Network Services Company to obtain discounted pricing for about 1,400

Agenda Item #: 6.14
Meeting Date: June 16, 2026
Waxie products. These products may be purchased under the agreement by members of the NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local distributor for the Network Services Company.

The NIPA is an intergovernmental cooperative purchasing alliance that procures contracted goods and services through a Request for Proposal (RFP) competitive solicitation process conducted by a public agency/governmental entity. The procurement process employed by the NIPA includes the following:

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

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

3. Interested suppliers respond to the solicitation.

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

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

The City's Purchasing Ordinance requires that participation in a governmental purchasing program be authorized by Council resolution. The Purchasing Ordinance also requires City Council approval for purchases from a single vendor in a fiscal year in excess of $45,000. Staff anticipates expenditures of $65,000 for Waxie products during Fiscal Year 2026/27.

LEGAL REVIEW:

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

PREPARED BY:

Jason Williams, Maintenance Supervisor, Public Works
ATTACHMENTS:

1. Resolution No. 2026-24

RESOLUTION NO. 2026-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR AUTHORIZING PARTICIPATION IN THE NATIONAL

INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE

JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE

SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK
SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000
DURING FISCAL YEAR 2026/2027.

WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and
WHEREAS, Diamond Bar Municipal Code Section 3.24.070(b)(4) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf the City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and
WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract between the City of Tucson, the Network Services Company, and the National Intergovernmental Purchasing Alliance, and have determined that Waxie provides high quality product and responsive customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for City facilities.

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

Resolution No. 2026-24
2 1. Certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of a government purchasing program as opposed to a formal bidding process.

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

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

4. Authorizes the City Manager or his designee to purchase janitorial supplies for City facilities from Waxie Sanitary Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during Fiscal Year 2026/2027.

PASSED, APPROVED AND ADOPTED this 16th day of June, 2026.

CITY OF DIAMOND BAR

Steve Tye, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
__________
Kristina Santana, City Clerk

Agenda Item #: 6.15
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Seventh Amendment to the Maintenance Services Agreement with Trane U.S.

Inc. dba Trane.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Seventh Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane, for Mechanical and Building Automation System Preventive Maintenance and Repair Services through June 30, 2027.

FINANCIAL IMPACT:

The amended total not-to-exceed contract amount for fiscal year 2026/27 would be $83,900, which includes a CPI increase of 3.6%. Sufficient funds are included in the fiscal year 2026/27 operating budget to cover the cost of such services.

BACKGROUND:

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

ANALYSIS:

The City currently has three facilities equipped with BAS, which enable staff to remotely monitor the mechanical operations of the equipment and adjust schedules, set points, airflow, and temperature to optimize overall system efficiency.

The work program for fiscal year 2026/27 includes:
• Annual preventative maintenance $63,900
• As-needed work (all locations) $20,000

Agenda Item #: 6.15
Meeting Date: June 16, 2026
The total program not-to-exceed for fiscal year 2026/27 of $83,900.

The initial term of the Original Agreement entered into on June 18, 2019, was from July 1, 2019, to June 30, 2020, which was extended by subsequent amendments. This seventh amendment will extend the term of the agreement through June 30, 2027.

LEGAL REVIEW:

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

PREPARED BY:

Jason Williams, Maintenance Supervisor, Public Works
ATTACHMENTS:

1. Seventh Amendment to Maintenance Services Agreement Trane (BAS)

1450826.1

SEVENTH AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Seventh Amendment to Maintenance Services Agreement (“Sixth Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 18, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into the First Amendment dated as of - June 16, 2020, Second Amendment dated as of June 15, 2021, Third Amendment dated as of July 19, 2022, Fourth Amendment as of July 18, 2023, Fifth Amendment as of June 18, 2024, Sixth Amendment as of July 15, 2025, which are incorporated herein by this reference (“First, Second Third, Fourth, Fifth & Sixth Amendment”), which First, Second, Third, Fourth, Fifth & Sixth Amendments and Original Agreement collectively are referred to herein as the "Agreement";
C. The City and the Contractor desire to amend the Agreement as provided herein.

NOW, THEREFORE, the parties hereby agree as follows:

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

2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference.

3. Term. The Term of the Agreement as amended by the Sixth Amendment is from July 1, 2025 to June 30, 2026. This Seventh Amendment extends the term from July 1, 2026 to June 30, 2027.

4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of forty-five thousand seventy-six dollars ($45,076) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of sixty-five thousand dollars ($65,000) per fiscal year. The Second Amendment amended Section 3 of the First Amendment to provide for a total not-to-exceed compensation in the sum of sixty-six thousand six hundred twenty-five dollars ($66,625) for fiscal year 2021-2022. The Third Amendment amended Section 3 of the Second Amendment to provide for a total not-toPage 233 of 655 exceed compensation in the sum of seventy thousand six hundred sixty-four dollars ($70,664) for fiscal year 2022-2023. The Fourth Amendment amended Section 3 of the Third Amendment to provide not-to-exceed compensation in the sum of seventy-two thousand seven hundred dollars ($72,700) for fiscal year 2023-2024. Section 3 of the Fourth Amendment is hereby amended to provide for a 3.9% CPI increase of two thousand eight hundred thirty-five dollars and thirty cents ($2,835.30) so that the total not-to-exceed compensation, as amended by the Fifth Amendment was not to exceed seventy-five thousand five hundred thirty-five dollars and thirty cents ($75,535.30) for fiscal year July 1, 2024 through June 30, 2025 without the prior authorization of the City. The Fifth Amendment amended Section 3 of the Fourth Amendment to provide for a total not-toexceed compensation in the sum of One Hundred Twenty-Seven Thousand and Ten Dollars ($127,010) for the 2025-26 fiscal year. Section 3 of the Sixth Amendment is hereby amended to provide for an adjusted not to exceed amount of eighty-three thousand nine hundred dollars ($83,900) for fiscal year July 1, 2026 through June 30, 2027 without the prior authorization of the City.

5. Integration. This Seventh Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Seventh 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 Seventh Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Seventh Amendment shall control.

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

“CONTRACTOR” “CITY”
Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR
*By: By:

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

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

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

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

May 19, 2026
Trane U.S. Inc.
3253 E Imperial Highway
Brea, CA 92821
Phone: (714) 983-0505
Fax: (714) 983-0502
Diamond Bar City Of
21825 COPLEY DRIVE
Diamond Bar, CA 91765-9176
(818) 631-3669
Sites Included:

Diamond Bar City Hall
21810 Copley Dr, Diamond Bar, CA 91765
Diamond Bar Community Center
1600 Grand Ave, Diamond Bar, CA 91765
Diamond Bar Heritage Park
2900 S Brea Canyon Rd, Diamond Bar, CA 91765
Pantera Park Diamond Bar
738 Pantera Drive, Diamond Bar, CA 91765
SUBJECT: Continuation of Service Agreements
Your Trane Service Agreement is scheduled for renewal on July 1, 2026. To ensure that there will be no interruption of service and benefits to Diamond Bar City Of your Service Agreement will be extended through June 30, 2027. The adjusted Service Fees for the renewal term for all sites is set forth in the following table:

Location Contract # Annual Amount All Sites Payment Payment Term Community Center 2136 $28,396.00 $7,099.00 Quarterly
City Hall 2135 $27,603.00 $6,900.75 Quarterly
Heritage Park 2134MECH $3,836.00 $959.00 Quarterly
Pantera Park 2233MECH $3,778.00 $944.50 Quarterly
ALL SITES TOTAL $63,613.00 $15,903.25 Quarterly
If there is any reason why this Service Agreement should not be extended through this period, please notify Trane in writing 30 days prior to the renewal date indicated above. If so notified, Trane can continue at your discretion to provide services beyond the renewal date at our standard time and material rates.

SCOPE OF SERVICE
The Scope of Service for the new agreement period will remain the same with the addition of Trane Autonomous Controls coverage for City Hall and Community Center.

The following "Covered Equipment" will be serviced at Diamond Bar City Hall:

Equipment Qty Manufacturer Model Number Serial Number
Site Level Activities 1 Trane IS102345
Service Description Quantity Per Term
Autonomous Control Setup 1
IS Customer Consultation Preparation and Meeting 2
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Tracer SC 1 Trane X136516950 E25D77775 Application SC+
Service Description Quantity Per Term
Software Upgrade and Renew SMP License 2
Connected Controls - Operating Inspection - Onsite 2
Equipment Qty Manufacturer Model Number Serial Number Asset Tag 90-130 ton Packaged Industrial Rooftop 1 Trane SXHKC9040N C18H05844 RTU-1 Service Description Quantity Per Term
Intellipak Rooftop Annual (Cooling Start Up) 1
Intellipak Rooftop Quarterly Inspection 3

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

Equipment Qty Manufacturer Model Number Serial Number Asset Tag 90-130 ton Packaged Industrial Rooftop 1 Trane SXHKC9040N C18H05843 RTU-2 Service Description Quantity Per Term
Intellipak Rooftop Annual (Cooling Start Up) 1
Intellipak Rooftop Quarterly Inspection 3
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Product Unknown 1 Trane TTA073H40R 17082LSCYA CU-02
Service Description Quantity Per Term
Odyssey Cooling Pre-Season Annual Start Up 1
Odyssey Quarterly Inspection 3
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Product Unknown 1 Trane TTA073H40R 17113NPRYA CU-01
Service Description Quantity Per Term
Odyssey Cooling Pre-Season Annual Start Up 1
Odyssey Quarterly Inspection 3
The following "Covered Equipment" will be serviced at Diamond Bar Community Center:

Equipment Qty Manufacturer Model Number Serial Number Asset Tag Ductless Mini-Splits Systems 1 Mitsubishi Electric US Inc NTYSST12A1 2XC0165731U8H2 AC # 11a Service Description Quantity Per Term
AMAZON HVAC OPTION 1 (2 PMs) SCOPE OF WORK (EXCLUD 3
Mini Split Semi Annual 1
Equipment Qty Manufacturer Model Number serial Number
Site Level Activities 1 Trane IS102345
Service Description Quantity Per Term
Autonomous Control Setup 1
IS Customer Consultation Preparation and Meeting 2
Equipment Qty Manufacturer Model Number Serial Number
Tracer SC 1 Trane X136516950 E23B05536
Service Description Quantity Per Term
Software Upgrade and Renew SMP License 2
Physical BAS Site Inspection 2
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Boilers - Generic 1 Other H8-0992C V062401021 BOILER # 1 Service Description Quantity Per Term
Boiler Annual Maintenance 1
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Outdoor Air Handlers - Generic 1 AAON Inc RNA-090-E- 202405-AVCG00713 AC # 1 Service Description Quantity Per Term
Outdoor Air Handler Cooling Pre-Season Annual Maintenance 1 Outdoor Air Handler Quarterly Maintenance 3

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

Equipment Qty Manufacturer Model Number Serial Number Asset Tag Product Unknown 1 Trane WHC036H4R0 241610009L AC # 2
Product Unknown 1 Trane WHC036H4R0 241610017L AC # 3
Product Unknown 1 Trane WHC036H4R0 241610062L AC # 5
Product Unknown 1 Trane WHC036H4R0 241610080L AC # 6
Product Unknown 1 Trane WHC036H4R0 241610086L AC # 8
Product Unknown 1 Trane WHC036H4R0 241810369L AC # 9
Product Unknown 1 Trane WHC060H4R0 241510165L AC # 4
Product Unknown 1 Trane WHC092H4R0 242110716L AC # 7
Service Description Quantity Per Term
Precedent Pre-Season Annual Start Up 1
Precedent Quarterly Inspection 3
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Pumps 1 Bell and Gossett BMP C359944-01G32 PUMP # 1
Service Description Quantity Per Term
Annual Pump Maintenance 1
Equipment Qty Manufacturer Model Number Serial Number Asset Tag Mini Split 1 Trane NTYWST12B1 3YE0046631U10N AC # 11b
Service Description Quantity Per Term
Wall Mounted Ductless Indoor Unit Annual Inspection 1
Wall Mounted Ductless Indoor Unit Quarterly Inspection 3 The following "Covered Equipment" will be serviced at Diamond Bar Heritage Park:

Equipment Qty Manufacturer Model Number Serial Number
12 1/2 -25 Ton Packaged Unitary Gas/Elec Rooftop - Dedicated 1 Trane YCH240E3L0 104610745D Service Description Quantity Per Term
Voyager Cooling Pre-Season Annual Start Up 1
Voyager Quarterly Inspection 3
The following "Covered Equipment" will be serviced at Pantera Park Diamond Bar:

Equipment Qty Manufacturer Model Number Serial Number Asset Tag Split System Air Conditioners - Generic 1 Carrier Corporation 38QRC0C300 2696X28905 CONDENSER 1 Service Description Quantity Per Term
Split System Air Handler Cooling Pre-Season Annual Maintenance 1 Split System Air Handler Quarterly Maintenance 3

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

TERMS & CONDITIONS
Terms & Conditions for the renewal period are attached.

CLARIFICATIONS
If Diamond Bar City Of accounting procedures require a purchase order for the renewal term, please provide your purchase order number to Trane no less than 30 days prior to the renewal date.

TARIFFS
Trane shall have the right, at its discretion, to pass along any related increases should (1) its costs related to the manufacture, supply, and shipping for any product or service materially increase. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control and/or (2) any tariffs, taxes, levies or fees affecting, placed on or related to any product or service materially increases.

CUSTOMER ACCEPTANCE TRANE ACCEPTANCE
Trane U.S. Inc.
______________________________________ ______________________________________ Authorized Representative Submitted By: Lee Ostrander
______________________________________ Proposal Date: May 19, 2026 Printed Name Office: (714) 983-0505
License Number: 1066318
______________________________________
Title
______________________________________
______________________________________ Authorized Representative Purchase Order
______________________________________
______________________________________ Title
Acceptance Date
______________________________________
Signature Date

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

TERMS AND CONDITIONS - SERVICE
“Company” shall mean Trane U.S. Inc. dba Trane for Company performance in the United States and Trane Canada ULC for Company performance in Canada.

1. Agreement. These terms and conditions (“Terms”) are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the following commercial services as stated in the Proposal (collectively, the “Services”): inspection, maintenance and repair (the “Maintenance Services”) on equipment (the “Covered Equipment”), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, and any other services using remote connectivity (collectively and individually referred to in these Terms as “Intelligent Services”). COMPANY’S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT.

2. Connected Services and Company Provided Telematics Connectivity. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms or Telematics Devices, both as defined in the Connected Services Terms. Certain Equipment may include, or be installed together with, Company provided Telematics Devices that provide remote connectivity and the Connected Services Terms set forth the terms and conditions applicable to the Telematics Devices and connectivity, including opt-out provisions. If Customer provides or transfers the Equipment to another party, Customer shall ensure that such party is informed in writing of the presence of any Telematics Devices and the applicability of the Connected Services Terms.

3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s Terms and Conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counteroffer will be deemed accepted. Customer’s acceptance of performance by Company will in any event constitute an acceptance by Customer of Company’s Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Services provided by Company to the date of cancellation.

4. Fees and Taxes. Fees for the Services (the “Service Fees”) are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company’s normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate.

5. Payment. Payment is due upon receipt of Company’s invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement.

6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer’s bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to per¬form or comply with any material provision of this Agreement.

7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer’s expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer’s telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer’s communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion.

Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company.

8. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company.

9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non-maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customer’s existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer’s failure to comply with its obligations under this Agreement; (l) Failure of Customer to

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company.

10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty").

Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product.

Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material, and/or parts that are not manufactured by Company (“Third-Party Products(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer.

CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES,

CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND

CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET

FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO

CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, CONDITIONS AND REMEDIES,

WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING

ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF

ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR

OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR

PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY

LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS

INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THERETO.

11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement.

12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL,

LIQUIDATED, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS,

PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES

WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF

THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE

PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT)

RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINANTS OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE INTELLIGENT SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER’S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER’S DATA OR COMMUNICATIONS NETWORK.

13. CONTAMINANTS LIABILITY.

The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services, and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR

CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO

PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUDING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES.

14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal, or other work connected with asbestos polychlorinated biphenyl (“PCB”), or other hazardous materials (collectively, “Hazardous Materials”). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company’s performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials.

15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage:

Commercial General Liability $2,000,000 per occurrence
Automobile Liability $2,000,000 CSL

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

Workers’ Compensation Statutory Limits
If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation.

16. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days’ notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government.

17. Maintenance Services Other Than Solely Scheduled Service. If Company’s Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company’s option, terminate Company’s obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures.

18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title, or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy.

19. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A.

THE FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60-250.5(a), 60-300.5; Executive Order 11758 and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that their compliance with all applicable federal anti-discrimination laws is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate United States federal civil rights laws.

20. Export Laws. The obligation of Company to supply Equipment and/or Services under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company’s factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be “exporter of record” with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules, and regulations.

Customer understands that Company and/or the Equipment and/or Services are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company’s Equipment and/or Services to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. Furthermore, the Customer acknowledges that the Company’s Equipment are subject to export control and sanction laws and regulations, including but not limited to the U.S.

Export Administration Regulations (EAR) (15 CFR 730-774) and the Foreign Asset Control Regulations (31 CFR 500) ("laws and regulations"). The Customer agrees to comply with all such laws and regulations. The Customer will not use or divert the Equipment for any prohibited end-uses, such as the proliferation of weapons of mass destruction. The Customer also agrees not to re-export or transfer the Equipment in violation of export control laws.

21. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR).

In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR

52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct, and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement.

22. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns:
(1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms.

SECURITY ADDENDUM
This Addendum shall be applicable to the sale, installation and use of Trane equipment and the sale and provision of Trane services. “Trane” shall mean Trane U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada.

1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows:
“Customer Data” means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer.
“Equipment” shall have the meaning set forth in the Agreement. “HVAC Machine Data” means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane’s controls products or hosted applications shall not be Personal Data, if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., [email protected]). HVAC Machine Data may be used by Trane: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trane terms and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. “Personal Data” means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer; (ii) non-public personal information (“NPI”) or personal information (“PI”), such as national identification number, passport number, social security number, social insurance number, or driver’s license number; (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank account number; (v) personally identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier (“IMEI”), or advertising identifier; (vi) biometric information; and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother’s maiden name.
“Security Incident” shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party; (ii) any situation where Trane reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclosure or acquisition of or access to any Customer Data. “Services” shall have the meaning set forth in the Agreement.

2. HVAC Machine Data; Access to Customer Extranet and Third-Party Systems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customer’s or a third party’s website or system (each, an “Extranet”), Trane will comply with the following:
a. Accounts. Trane will ensure that Trane’s personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential.
b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include: (i) system network firewalls; (ii) centralized patch management; (iii) operating system appropriate anti-malware software; and (iv) for portable devices, full disk encryption.
c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror, or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices, or servers. d. Account Termination. Trane will terminate the account of each of Trane’s personnel in accordance with Trane’s standard practices after any specific Trane personnel who has been authorized to access any Extranet (1) no longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane’s employment). e. Third-Party Systems. Trane will provide Customer prior notice before it uses any third-party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third-party system will not have access to the decryption key or unencrypted “plain text” versions of the HVAC Machine Data.

3. Customer Data; Confidentiality. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential (“Customer Confidential Information”) other than for the purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (i) to Trane’s employees and agents who have a need to know to perform the Services, (ii) as expressly permitted or instructed by Customer, or (iii) to the minimum extent required to comply with applicable law, provided that Trane (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure.

4. Customer Data; Compliance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry standards and practices relating to Trane’s processing of Customer Confidential Information (collectively, “Laws”).

5. Customer Data; Information Security Management. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws (“Information Security Program”). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer’s Confidential Information from unauthorized access, destruction, use, modification, or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane’s employees and agents, and others acting on Trane’s, behalf are aware of and comply with the Information Security Program’s policies, procedures, and protocols.

6. Monitoring. Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Program in light of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other facts or circumstances that Trane knows or reasonably

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property.

7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy any and all audit/inspection requests/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement.

8. Information Security Contact. Trane’s information security contact is Local Sales Office.

9. Security Incident Management. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems, and Customer property. The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned.

10. Threat and Vulnerability Management. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis. Periodically, Trane engages third parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane’s cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades.

11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This includes requiring Trane employees to annually re-acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace.

12. Secure Disposal Policies. Trane will maintain policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed.

13. Logical Access Controls- Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane’s corporate networks and production systems. Trane’s monitoring includes a review of changes affecting systems’ handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of “least privilege” (meaning access denied unless specifically granted) for access to customer data.

14. Contingency Planning/Disaster Recovery. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e., fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following:
a. Data backups; and
b. Formal disaster recovery plan. Such disaster recovery plan is tested at least annually.

15. Return of Customer Data. If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer’s sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer’s Data in Trane’s possession, custody or control no later than [90 days] after receipt of Customer’s written instructions directing Trane to delete the Customer Data.

16. Background Checks. Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, including the conducting of appropriate background and/or verification checks in accordance with Trane policies.

17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS",

WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND

WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME.

March 2026

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

Service 1: AMAZON HVAC OPTION 1 (2 PMs) SCOPE OF WORK (EXCLUD Description
• Condensate Inspection
• Condenser Fan Check
• Check Fan and Motor
• Electrical Inspection
• Unitary Visual Equipment Inspection
Service 2: Autonomous Control Setup
Description
• Create User Account
• Equipment Standardization
• Modify Graphic for Customer Lockout
Service 3: Software Upgrade and Renew SMP License
Description
• Get SMP License for Customer
• BAS Operational Check is Everything Working/Communicating as Expected • Apply New SMP License
• Software Upgrade
Service 4: Boiler Annual Maintenance
Description
• Water Boiler Maintenance Safety Check
• Shut Down Boiler
• Drain Boiler
• Boiler Internal Cleaning Natural Gas, Propane, Oil (Commercial and Industrial) • Boiler Internal Inspection Natural Gas/Propane/Oil (Commercial and Industrial) • External Cleaning for Natural Gas/Propane Water Boiler (Commercial and Industrial) • Burner Safety Inspection for Natural Gas/Propane Water Boilers (Commercial and Industrial) • Thermo Shock
• Boiler External Inspection for Water Boilers (Commercial and Industrial) (Natural Gas/Propane) Service 5: Connected Controls - Operating Inspection - Onsite Description
• Technician Check In - Technician checks in with customer to discuss scope of work for that day and any customer concerns or information.
• Hardening Report - Technician runs cybersecurity hardening report for the system controller(s). • Alarm Routing - Technician checks that existing alarm routing configuration is correct and that alarms are routing to correct people within organization as appropriate.
• Device Communication Check - Technician checks device communication links, analyzes for communication failures or intermittent communication, and captures current state. • User Access Review - Technician reviews list of users with access to the BAS/BMS/Trane Connect and captures current state.
• User Override Report - Technician runs a user override report to determine what overrides are currently in place for the system.
• Building Schedule and Area Review - Technician reviews current building schedules and captures current state. • Alarm Log Review - Technician reviews alarm log and captures current status. • Building Analytics - Technician reviews building analytics to ensure design operation of systems and identify any operational anomalies based on what analytics are reporting. • Service Advisories - Technician runs Exception History Report and documents their findings. • Additional Item Identification - Technician identifies items that require further investigation and provides quotes as needed.
• Document Findings in Trane Connect - Technician captures any findings and uploads into Trane Connect for customer visibility.
• Finalize Field Report - Technician documents work in customer field report. • Checkout with Customer - Technician discusses work with customer and discusses any next steps that they recommend.

Service 6: Intellipak Rooftop Annual (Cooling Start Up) Description
• Unitary Visual Equipment Inspection
• Lock Out Tag Out

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. • Supply Fan Inspection-IPAK/VOY
• Power Exhaust Fan Inspection (Intellipak)
• Evaporator Coil Cleaning (Intellipak Severe Build Up) • Evaporator Coil Cleaning (Intellipak)
• Filter Inspection And Change (Intellipak)
• Condensate Drip Pan Treatment
• Condenser Coil Cleaning No Back Flush (Intellipak)
• Meg Compressor Motor - IPAK/VOY
• Meg Supply Fan Without VFD
• Meg Power Exhaust Without VFD
• Electrical Inspection
• Remove Lock Out Tag Out and Restore Power
• Check Damper (Intellipak)
• Start Up Condenser Fan Check (Per Fan)
• Start Up Seasonal Cooling
• Manual Log With Electronic Device
Service 7: Intellipak Rooftop Annual (Cooling Start Up) Description
• Unitary Visual Equipment Inspection
• Lock Out Tag Out
• Supply Fan Inspection-IPAK/VOY
• Supply Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE/AH • Power Exhaust Fan Inspection (Intellipak)
• Exhaust Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE • Condenser Coil Cleaning With Back Flush(Intellipak)
• Meg Compressor Motor - IPAK/VOY
• Meg Supply Fan With VFD
• Meg Exhaust Fan With VFD
• Electrical Inspection
• Remove Lock Out Tag Out and Restore Power
• Check Damper (Intellipak)
• Start Up Condenser Fan Check (Per Fan)
• Start Up Seasonal Cooling
• Manual Log With Electronic Device
Service 8: Intellipak Rooftop Quarterly Inspection
Description
• Unitary Visual Equipment Inspection
• Lock Out Tag Out
• Supply Fan Inspection-IPAK/VOY
• Power Exhaust Fan Inspection (Intellipak)
• Condensate Drip Pan Treatment
• Remove Lock Out Tag Out and Restore Power
• Check Damper (Intellipak)
• Manual Log With Electronic Device
Service 9: Intellipak Rooftop Quarterly Inspection
Description
• Unitary Visual Equipment Inspection
• Lock Out Tag Out
• Supply Fan Inspection-IPAK/VOY
• Supply Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE/AH • Power Exhaust Fan Inspection (Intellipak)
• Exhaust Fan Variable Frequency Drive Maintenance - IPAK/VOY/PRE • Condensate Drip Pan Treatment
• Electrical Inspection
• Remove Lock Out Tag Out and Restore Power
• Check Damper (Intellipak)
• Manual Log With Electronic Device
Service 10: IS Customer Consultation Preperation and Meeting Description

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. • Attend Account Strategy Meeting (Internal)
• Create Customer Consult Report Creation (Internal)
• Attend External Customer Consultation Meeting
• Consultation Debrief Meeting (Internal)
Service 11: Mini Split Semi Annual
Description
• Clean Air Filter
• Check Electrical Connections (Indoor Unit)
• Check Electrical Connections (Outdoor Unit)
• VISUALLY CHECK THE UNIT FOR LEAKS
Service 12: Outdoor Air Handler Cooling Pre-Season Annual Maintenance Description
• Unitary Visual Equipment Inspection
• Supply Fan and Motor Inspection (Belt Driven)
• Electrical Inspection (Air Handler NTP)
• Log Unit (NTP Air Handler)
Service 13: Split System Air Handler Cooling Pre-Season Annual Maintenance (Includes Condenser) Description
• Customer Notification
• Unitary Visual Equipment Inspection
• Filter Inspection and Change (Generic)
• Supply Fan and Motor Inspection (Direct Drive)
• Replace Belt(s) on Supply Fan (Per Fan)
• Generic Meg (One) Fan Motor
• Condensate Drip Pan Inspection and Treatment
• Electrical Inspection (Air Handler NTP)
• Log Unit (NTP Air Handler)
• Lock Out Tag Out Condenser
• Leak Test Inspection (Commercial Condensing Unit)
• Condenser Coil Check (Generic)
• Coil Cleaning Water (Applied)
• Condenser Physical (One) Fan Check (Generic Condensing Unit) • Remove Motor Wiring and Meg Compressor Motor Generic
• Electrical Inspection (Light Commercial Condensing Unit) • Log Unit (NTP Cooling)
Service 14: Outdoor Air Handler Quarterly Maintenance
Description
• Unitary Visual Equipment Inspection
Service 15: Split System Air Handler Quarterly Maintenance (Includes Condenser) Description
• Customer Notification
• Unitary Visual Equipment Inspection
• Supply Fan and Motor Inspection (Direct Drive)
• Replace Belt(s) on Supply Fan (Per Fan)
• Filter Inspection and Change (Generic)
• Condensate Drip Pan Inspection and Treatment
• Electrical Inspection (Air Handler NTP)
• Log Unit (NTP Air Handler)
• Generic Check Delta T
• Lock Out Tag Out Condenser
• Leak Test Inspection (Commercial Condensing Unit)
• Condenser Coil Check (Generic)
• Coil Cleaning Water (Applied)
• Condenser Physical (One) Fan Check (Generic Condensing Unit) • Remove Motor Wiring and Meg Compressor Motor Generic
• Electrical Inspection (Light Commercial Condensing Unit) • Log Unit (NTP Cooling)

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc.

Service 16: Odyssey Cooling Pre-Season Annual Start Up
Description
• Unitary Visual Equipment Inspection
• Supply Fan Inspection Including LOTO
• Bearing Lubrication
• Filter Inspection And Change
• Condenser Coil Cleaning (Light Commercial)
• Meg Supply Fan Without VFD
• Meg Compressor Motor
• Electrical Inspection
• Condenser Fan Check (Odyssey)
• Start Up Seasonal Cooling
Service 17: Odyssey Cooling Pre-Season Annual Start Up
Description
• Unitary Visual Equipment Inspection
• Supply Fan Inspection Including LOTO
• Bearing Lubrication
• Evaporator Coil Cleaning
• Filter Inspection And Change
• Condensate Drip Pan Treatment
• Condenser Coil Cleaning (Light Commercial)
• Meg Supply Fan Without VFD
• Meg Compressor Motor
• Electrical Inspection
• Condenser Fan Check (Odyssey)
• Start Up Seasonal Cooling
Service 18: Odyssey Quarterly Inspection
Description
• Unitary Visual Equipment Inspection
• Supply Fan Inspection Including LOTO
• Filter Inspection And Change
• Log Unit (Unitary)
Service 19: Physical BAS Site Inspection
Description
• BAS Physical Site Inspection
Service 20: Precedent Pre-Season Annual Start Up
Description
• Unitary Visual Equipment Inspection
• Supply Fan Inspection Including LOTO
• Bearing Lubrication
• Check Damper
• Condensate Drip Pan Treatment
• Meg Supply Fan Without VFD
• Meg Compressor Motor
• Electrical Inspection
• Condenser Fan Check (Unitary)
• Start Up Seasonal Cooling
• Inspect Reversing Valve
• Unitary Verify Oil Level
Service 21: Precedent Quarterly Inspection
Description
• Unitary Visual Equipment Inspection
• Supply Fan Inspection Including LOTO
• Log Unit (Unitary)
Service 22: Annual Pump Maintenance
Description
• Customer Notification
• Initial Site Inspection

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. • Lock Out Tag Out Pumps
• Pump Maintenance
• Remove Lock Out Tag Out
• Adjust Packing Seal
• Remove Lock Out Tag Out
• Log Pump
Service 23: Voyager Cooling Pre-Season Annual Start Up
Description
• Unitary Visual Equipment Inspection
• Verify Line Voltage
• Lock Out Tag Out (Standard)
• Supply Fan Inspection-IPAK/VOY
• Remove Access Panels or Open Access Doors
• Meg Supply Fan Without VFD
• Meg Compressor Motor - IPAK/VOY
• Electrical Inspection
• Filter Inspection And Change
• Reinstall Access Panels or Close Access Doors
• Condenser Coil Cleaning (Light Commercial)
• Remove Lock Out Tag Out
• Check Economizer Damper-VOY/PRE
• Pre-Start Check- VOY/PRE
• Start Up Condenser Fan Check (Per Fan)
• Cooling Check-VOY
• Manual Log With Electronic Device
• Return Unit to Normal Operation
Service 24: Voyager Quarterly Inspection
Description
• Unitary Visual Equipment Inspection
• Verify Line Voltage
• Lock Out Tag Out (Standard)
• Supply Fan Inspection-IPAK/VOY
• Remove Access Panels or Open Access Doors
• Electrical Inspection
• Filter Inspection And Change
• Reinstall Access Panels or Close Access Doors
• Remove Lock Out Tag Out
• Check Economizer Damper-VOY/PRE
• Pre-Start Check- VOY/PRE
• Start Up Condenser Fan Check (Per Fan)
• Cooling Check-VOY
• Manual Log With Electronic Device
• Return Unit to Normal Operation
Service 25: Wall Mounted Ductless Indoor Unit Annual Inspection Description
• Lock Out Tag Out (Standard)
• Check Electrical Connections (Indoor Unit)
• Clean Condensate Drain Pan/Pipe
• Leak Test Inspection
• Remove Lock Out Tag Out and Restore Power
• Verify Incoming Voltages
• Verify Operating Voltages
• Measure Amperage of Motor
• Log Unit and Operation Check
• Check Controller Operation
• Recommend Wireless Remote-Control Batteries
Service 26: Wall Mounted Ductless Indoor Unit Quarterly Inspection Description
• Visual Inspection for Abnormality, Damage and Missing Hardware

Diamond Bar MECH & BAS SA 2026-2027
Proposal ID: 8691047

Confidential and Proprietary Information of Trane U.S. Inc. • Evaporator Coil Check (Generic)
• Clean Condensate Drain Pan/Pipe

Agenda Item #: 6.16
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Second Amendment to Maintenance Services Agreement with EcoFert, Inc.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Second Amendment to the Maintenance Services Agreement with EcoFert, Inc. for landscape fertilizer services through June 30, 2027.

FINANCIAL IMPACT:

The annual not-to-exceed amount of the proposed Second Amendment to the Original Agreement for Fiscal Year 2026/27 is $16,000, including the vendor’s request for a CPI increase of 3.6%. Sufficient funds are included in Fiscal Year 2026/27 Operating Budget to cover the cost of such services.

BACKGROUND:

EcoFert, Inc., managed by Public Works Maintenance, has been providing fertilizer injection system services, through their proprietary fertilizer injection equipment, which is installed at Pantera Park and Lorbeer Middle School. The fertilizer injection systems at both locations have been in service for a number of years and have helped to provide consistent, durable turf and vegetation for recreational use, by providing balanced nutrients to the vegetation and promoting strong root systems.

ANALYSIS:

Over the past years, EcoFert’s performance has met the City’s expectations. This satisfactory performance is evident in the operation of the equipment and the increased durability of the turf at Pantera Park and Lorbeer Middle School. Based upon the past success of this program, it is recommended to continue this service at both Pantera Park and Lorbeer Middle School.

LEGAL REVIEW:

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

PREPARED BY:

Agenda Item #: 6.16
Meeting Date: June 16, 2026
Angie Hernandez, Administrative Coordinator, Public Works ATTACHMENTS:

1. Second Amendment to Maintenance Services Agreement -EcoFert, Inc.

1450826.1

SECOND AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and EcoFert, Inc. (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of July 19, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated as of June 17, 2025, which is incorporated herein by this reference and are along with the Original Agreement, collectively referred to herein as the "Agreement"; and C. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.

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 19, 2022 to June 30, 2025. The First Amendment extended the term through June 30, 2026. This Second Amendment extends the Term up to and including June 30, 2027.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of forty-five thousand seven hundred eighty dollars ($45,780). The First Amendment increased the annual compensation to provide for a 3.1% CPI increase of one thousand four hundred nineteen dollars and 18/100 cents ($1,419.18), for a total not-to-exceed amount of ($15,219) in fiscal year 2025-2026. Section 3 of the Original Agreement is hereby amended to provide for a 3.6% CPI increase of one thousand six hundred ninety-nine dollars and 17/100 cents ($1,699.17) for a not-to-exceed amount of sixteen thousand ($16,000) in fiscal year 2026-2027 without the prior authorization of the City.

4. Integration. This Second 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 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

Agenda Item #: 6.17
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Ninth Amendment to Maintenance Services Agreement with Exterior Products Corporation.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Nineth Amendment to the Maintenance Services Agreement with Exterior Products Corporation for Exterior Decor & Lighting Maintenance through June 30, 2027.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement for Fiscal Year 2026/27 would be $190,000. Adequate funds are included in the Fiscal Year 2026/27 Public Works and Parks & Recreation Operating Budgets to cover the cost of such services.

BACKGROUND:

Exterior Products has been providing exceptional service and support to the City for over 18 years, starting with the military & special event banner programs. In March of 2016, the City and Exterior Products entered into the current services agreement, which, over time, has been amended to include the following programs and services:
· Military Banners
· Special Event Banners
· USA Flags on Grand Ave.
· Lighting Maintenance & Electrical services
· Holiday Décor & Windmill Holiday Display (Banners & City Hall) ANALYSIS:

During the preparation of the 2026/27 fiscal year operating budget, staff started negotiations with Exterior Products to secure the most competitive pricing for the services they provide. Through this process, staff was able to negotiate a line-item increase for labor of 3.6% (CPI).

Agenda Item #: 6.17
Meeting Date: June 16, 2026
LEGAL REVIEW:

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

PREPARED BY:

Jason Williams, Maintenance Supervisor, Public Works
ATTACHMENTS:

1. Ninth Amendment to Maintenance Services Agreement with Exterior Products

1496333. 1

NINTH AMENDMENT
TO

VENDOR SERVICES AGREEMENT
This Ninth Amendment to Vendor Services Agreement (“ Seventh Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“ City”), and Exterior Products Corporation, a California corporation ( herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Vendor Services Agreement dated as of March 1, 2016, which is incorporated herein by this reference ( the “ Original Agreement”); and
B. The City and the Contractor entered into the First Amendment dated as of August 21, 2018, Second Amendment dated as of June 18, 2019, Third Amendment dated as of June 16, 2020, Fourth Amendment as of June 15, 2021, Fifth Amendment as of June 21, 2022, Sixth Amendment as of July 20, 2023, Seventh Amendment as July 18, 2024, Eighth Amendment as of June 10, 2025, which are incorporated herein by this reference (“ First, Second, Third, Fourth, Fifth, Sixth, Seventh & Eighth Amendment”), which First, Second, Third, Fourth, Fifth, Sixth, Seventh & Eighth Amendments and Original Agreement collectively are referred to herein as the "Agreement";
C. 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. Reserved.

3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from February 16, 2016 to June 30, 2019. The Second Amendment extended the Term up to and including June 30, 2020. The Third Amendments extended the Term up to and including June 30, 2021. The Fourth Amendments extended the Term up to and including June 30, 2022. The Fifth Amendments extended the Term up to and including June 30, 2023. The Sixth Amendment extended the Term up to and including June 30, 2024. The Seventh Amendment extended the Term up to and including June 30, 2025. The Eighth Amendment extended the Term up to and including June 30, 2026.This Ninth Amendment shall extend the Term up to and including June 30, 2026.

4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of Fifty Thousand Dollars ($ 50,000) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-toexceed compensation in the sum of One Hundred Fifteen Thousand Nine Hundred Dollars 115,900) per fiscal year. The Second Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Eight Docusign Envelope ID: A32120EF- 2A5C- 83E3-80F0-22A846FF2B0C

1496333. 1
Thousand Nine Hundred Dollars ($ 58,900) for fiscal year 2019-2020. The Third Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($ 59,000) for fiscal year 2020-2021. The Fourth Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($ 59,000) for fiscal year 2021-2022.

The Fifth Amendment amended the Original Agreement to provide for a total not-to-exceed compensation in the sum of One Hundred Fifty Thousand Dollars ($ 150,000) for the 2022-23 fiscal year. The Sixth Amendment amended the Original Agreement to provide for a total notto-exceed compensation in the sum of one hundred eighty-two thousand six hundred dollar 182,600) for the 2023-24 fiscal year. The Seventh Amendment amended Section 3 to provide for a total not-to-exceed compensation in the sum of One Hundred Eighty- two Thousand Six Hundred Dollars ($ 182,600) for the 2024-25 fiscal year ( July 1, 2024 – June 30, 2025). The Eighth Amendment amended Section 3 to provide for a total not-to-exceed compensation in the sum of One Hundred Ninety Thousand Dollars ($ 190,000) for the 2025-26 fiscal year ( July 1, 2025 – June 30, 2026). Section 3 is hereby amended to provide for a total not-to-exceed compensation in the sum of One Hundred Ninety Thousand Dollars 190,00.00) for the 2026-27 fiscal year ( July 1, 2026 – June 30, 2027) without the prior written authorization of the City.

5. Integration. This Ninth 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 Ninth 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 Ninth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Ninth Amendment shall control.

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

SIGNATURES FOLLOW ON THE NEXT PAGE}
Docusign Envelope ID: A32120EF- 2A5C- 83E3-80F0-22A846FF2B0C

1496333. 1
CONTRACTOR” “ CITY”
Exterior Products Corporation City of Diamond Bar
By: By:

Printed Name: Jeff “JR” Rovinsky Dan Fox, City Manager
Title: President
By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

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

A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

Docusign Envelope ID: A32120EF- 2A5C- 83E3-80F0-22A846FF2B0C 5/28/2026

Agenda Item #: 6.18
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Fourth Amendment to Road Maintenance Services Agreement with CT&T Concrete Paving, Inc.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Fourth Amendment to the Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. through June 30, 2027.

FINANCIAL IMPACT:

The annual not-to-exceed contract amount in this Fourth Amendment is $890,000 for FY 2026/27. Sufficient funds are included in the FY 2026/27 Operating Budget to cover the cost of such services.

BACKGROUND:

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

Overall, CT&T’s performance has met the City’s expectations. Therefore, a Fourth Amendment is proposed to extend the Agreement term through June 30, 2027. Pursuant to the Agreement, a 3.6% CPI increase was negotiated and applied to the unit prices in the Agreement.

ANALYSIS:

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

LEGAL REVIEW:

Agenda Item #: 6.18
Meeting Date: June 16, 2026
The City Attorney has reviewed and approved the Agreement as to form.

PREPARED BY:

Angie Hernandez, Administrative Coordinator, Public Works ATTACHMENTS:

1. Fourth Amendment to Maintenance Services with CT&T

1450826. 1

FOURTH AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Fourth Amendment to Maintenance Services Agreement (“ Fourth Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“ City”), and CT&T Concrete Paving Inc. ( herein referred to as the Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 21, 2022, which is incorporated herein by this reference ( the Original Agreement”); and
B. The City and the Contractor entered into the First Amendment dated as of - June 30, 2023, Second Amendment dated as of June 18, 2024, Third Amendment dated as of June 17, 2025, which are incorporated herein by this reference (“ First, Second & Third Amendment”), which First, Second & Third Amendments and Original Agreement collectively are referred to herein as (the "Agreement"); and C. The City and the Contractor desire to amend the Agreement as provided herein.

NOW, THEREFORE, the parties hereby agree as follows:

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

2. Term. The term of the Original Agreement as set forth in Section 2 therein is from June 21, 2022 to June 30, 2023. The First Amendment extended the term through June 30, 2024. The Second Amendment extended the term through June 30, 2025.The Third Amendment extended the term through June 30, 2026. This Fourth Amendment extends the term up to and including June 30, 2027.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was in the sum of six hundred thousand Dollars ($ 600,000) per fiscal year. The First Amendment was in the amount not to exceed eight hundred ten thousand ($ 810,000) for fiscal year 2023-2024. The second amendment was in the amount not to exceed nine hundred fifty-five thousand ($ 955,000) in fiscal year 2024-2025. The third amendment was in the amount of eight hundred ninety thousand ($ 890,000) in fiscal year 2025-2026. Section 3 of the Agreement is hereby amended so that the total not-toexceed compensation, as amended by this Fourth Amendment shall not exceed eight hundred ninety thousand dollars ($ 890,000) for fiscal year July 1, 2026 through June 30, 2027 without the prior authorization of the City.

Docusign Envelope ID: 25BDFDA7- C53C- 8774- 803C-28D35CED45FB

5. Integration. This Fourth Amendment and all attachments hereto ( if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Fourth 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 Fourth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fourth Amendment shall control.

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

CONTRACTOR” “ CITY”
CT&T Concrete Paving Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Jose Carvajal Dan Fox, City Manager
Title: _President___________________
By: ATTEST:

Printed Name: Jackie Carvajal
Title: Treasurer
Kristina Santana, City Clerk
APPROVED AS TO FORM:

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

Docusign Envelope ID: 25BDFDA7- C53C- 8774- 803C-28D35CED45FB 5/28/2026
5/28/2026
5/28/2026

Exhibit A –
Compensation Schedule FY26/ 27
CT&T Concrete Paving, Inc.)
Docusign Envelope ID: 25BDFDA7- C53C- 8774- 803C-28D35CED45FB

FY 2026-27

3.6% Increase Request

ROAD MAINTENANCE SERVICES COMPENSATION BASE BID SCHEDULE ITEM
NO

WORK ACTIVITIES UNIT
EST. ANNUAL
QTY

UNIT PRICE

ROAD MAINTENANCE AC PAVEMENT
1 4” AC SURFACE R&R SF 3,000 ($ 11.07)
2 6” AC SURFACE R&R SF 2,000 ($ 16.88)
3 8” AC SURFACE R&R SF 5,000 ($ 17.14)
4 AC SKIN PATCH SF 5000 ($ 4.00)
5 1 ½” MILL GRIND & OVERLAY SF 10,000 ($ 4.28)
6 2” MILL GRIND & OVERLAY SF 10,000 ($ 4.91)
7 2 ½” MILL GRIND & OVERLAY SF 10,000 ($ 5.94)
8 SAW CUT LF 1,000 ($ 2.29)
9 ADJUST MANHOLE EA 50 ($ 1,598. 57)

ROAD MAINTENANCE PCC
10 4” PCC SIDEWALK/DRIVEWAY/FLATWORK R&R SF 20,000 ($ 17. 69) 11 6” PCC SIDEWALK/ DRIVEWAY/ FLATWORK R&R SF 10, 000 ($ 20.21) 12 6” PCC DRIVEWAY SPPWC STD PLAN 110- 2 TYPE A &
B R&R
SF 2,000 ($

21.58)
13 6” PCC DRIVEWAY SPPWC STD PLAN 110-2 TYPE C
R& R
SF 2,000 ($

21. 58)
14 CURB & GUTTER R& R w/ 1’ AC Pavement Slot LF 1,000 ($ 73. 08) 15 6” A-CURB R&R LF 500 ($ 52.51)
16 8” A-CURB R&R LF 500 ($ 54.23)
17 SIDEWALK AC PATCH (RAMPING) SF 1,000 ($ 19.40)
18 SIDEWALK GRINDING LF 3,000 ($ 19. 23)
19 REMOVE EXISTING CONDITIONS & INSTALL CURB
RAMPS SPPWC STD PLAN 111-5 TYPE 1-6 CASE A
EA 10 ($
5,937.54)
20 REMOVE EXISTING CONDITIONS & INSTALL CURB
RAMPS SPPWC STD PLAN 111-5 TYPE 1-2 CASE B
EA 10 ($
5,937.54)
21 3”Concrete V-DITCH 44”W x L R&R LF 500 ($ 24.54)
22 8” CROSS GUTTER 6’w x L SPPWC STD PLAN 122-2 LF 1000 ($ 22.83) Bid Schedule Note: Item # 10- 22 may require additional concrete to fill in low spots and some tree roots removal.

Contractors should take in consideration when pricing.

ROAD MAINTENANCE SERVICES COMPENSATION BASE BID SCHEDULE ITEM
NO

STORM DRAIN WORK ACTIVITIES UNIT

SERVICE

CALLS PER
YEAR

UNIT PRICE
1 JETTER/VAC – STORM DRAIN CLEANING 12”-36” PIPE HOURLY 4 - 6 ($ 557.21) 2 CCTV STORM DRAIN LINES HOURLY 4 - 6 ($ 557.21)
EXHIBIT “B”

ROAD MAINTENANCE SERVICES COMPENSATION OPTION BID SCHEDULE ITEM
NO

WORK ACTIVITIES

CALTRAN
S STD
PLANS
UNIT
EST. ANNUAL
QTY

UNIT PRICE

ROAD MARKINGS PAINT
1 18’ ARROW TYPE I EA 25 $ 65. 08
2 24’ ARROW TYPE I EA 15 $ 96. 48
Docusign Envelope ID: 25BDFDA7- C53C- 8774- 803C-28D35CED45FB

3 10’ ARROW TYPE I EA 25 $ 36. 82
4 ( L)/(R) 8’ ARROW TYPE IV EA 100 $ 44.70
5 ( L)/(R) 18’ ARROW TYPE VI EA 25 $ 97.62
6 5’ BIKE LANE ARROW --------------- EA 50 $ 21.35
7 15’ LEFT/ STRAIGHT/ RIGHT ARROW TYPE VIII EA 25 $ 95. 28 8 13’ ( L) OR ( R) STRAIGHT ARROW TYPE VII EA 15 $ 82. 79 9 RAILROAD CROSSING SYMBOL --------------- EA 2 $ 114.19 10 8’ LETTER --------------- EA 1,000 $ 16.31
11 4’ LETTER --------------- EA 100 $ 13.13
12 12” LIMIT LINE ( STOP LINE)--------------- LF 5,000 $ 2.00 13 TYPE AAND TYPE AY PLASTIC MARKER --------------- EA 1,000 $ 4.57 14 TYPE AAND TYPE AY PLASTIC MARKER --------------- EA 1,000 $ 4.57 15 TYPE C AND TYPE D MARKER --------------- EA 500 $ 4.57 16 TYPE G AND TYPE H MARKER --------------- EA 500 $ 4.57 17 SANDBLAST ROAD MARKINGS --------------- SF 5,000 $ 2.49 18 SANDBLAST PAINTED CURBS --------------- LF 5,000 $ 7.80 19 ROAD MARKINGS THERMOPLASTIC
20 CHANNELIZING LINE DETAIL
38A
LF 5,000 $ 1.14
21 BIKE LANE LINE DETAIL 39 LF 15, 000 $ 0.68
22 INTERSECTION LINE BIKE LANE DEATIL
39A
LF 5,000 $ 0.46
23 LANE LINE EXTENSIONS THRU INT DETAIL 40
41 LF 2,000 $ 0.18
24 18’ ARROW TYPE I EA 25 $ 75.36
25 24’ ARROW TYPE I EA 15 $ 95.05
26 10’ ARROW TYPE I EA 25 $ 43. 11
27 ( L)/( R) 8’ ARROW TYPE IV EA 100 $ 45. 50
28 ( L)/(R) 18’ ARROW TYPE VI EA 25 $ 119.90
29 5’ BIKE LANE ARROW --------------- EA 50 $ 21.27
30 15’ LEFT/STRAIGHT/RIGHT ARROW TYPE VIII EA 25 $ 110.76 31 13’ ( L) OR ( R) STRAIGHT ARROW TYPE VII EA 15 $ 82. 22 32 RAILROAD CROSSING SYMBOL --------------- EA 2 $ 182.70 33 8’ LETTER --------------- EA 1,000 $ 23.11
34 4’ LETTER --------------- EA 100 $ 16.32
35 12” LIMIT LINE (STOP LINE)--------------- LF 5,000 $ 2.57 36 MACHINE THERMALPLASTIC REMOVAL --------------- SF 5,000 $ 2.71 EXHIBIT “B”

ROAD MAINTENANCE SERVICES COMPENSATION SCHEDULE

LABOR RATES

LABOR RATES PER HOUR REGULAR
HOUR
RATE

OVERTIME
RATESUPERINTENDENT$ HOUR 108.54 $ 162.80
SUPERVISOR $ 108. 54 $ 162. 80
FOREMAN $ 127. 36 $ 158. 37
HEAVY EQUIPMENT OPERATOR $ 127.36 $ 158.37
10 WHEEL DUMP TRUCK OPERATOR $ 105.21 $ 134.01
MASON $ 108.54 $ 138.44
ASPHALT RAKER $ 108. 54 $ 138. 44
LABORER $ 101.89 $ 132.68
WALK BEHIND SAW OPERATOR $ 107.43 $ 137.99

EQUIPMENT WITH OPRATOR RATES

EQUIPMENT WITH OPERATOR

REGULAR
HOURLY
RATE

OVERTIME

HOUR RATE
BACKHOE $ 204.89 $ 307.33
SKIDSTEER LOADER $ 204.89 $ 307.33
10 WHEEL DUMP TRUCK $ 143.98 $ 215.96
Docusign Envelope ID: 25BDFDA7- C53C- 8774- 803C-28D35CED45FB

WATER TRUCK $ 160. 59 $ 240. 88
SKIP LOADER $ 160.59 $ 300.69

CONSTRUCTION SWEEPER WITH SIDE AND REAR
BRUSHES $ 188.28 $282. 41
WALK BEHIND SAW MACHINE $ 171. 66 $ 257.49
SIDEWALK-GRINDER/CONCRETE SCARIFIER $ 171.66 $ 257.49

EQUIPMENT RATES

EQUIPMENT RATES HOURLY
RATE
WEEKLY
RATE

MONTHLY RATE
PORTABLE AIR COMPRESSOR $ 38. 73 $ 987. 89 $ 1,653. 50
PORTABLE ARROWBOARD $ 20.47 $ 293.49 $ 830.63
PORTABLE WATER TRAILER $ 31.09 $ 872.71 $ 1,537.21
PICKUP TRUCK $ 55.33 $ 886.00 $ 1,971.35
VIBRATING COMPACTION ROLLER $ 57. 54 $ 1,652. 39 $ 4,236. 19 BACKHOE $ 65. 29 $ 1,794. 15 $ 4,651. 51
SKIDSTEER LOADER $ 52.01 $ 1,495.13 $ 3,737.82
10 WHEEL DUMP TRUCK $ 65.29 $ 1,893.83 $ 4,568.45
CONTRACTOR WORK TRUCK $ 88.52 $ 1,218.25 $ 2,990.25
WATER TRUCK $ 57. 54 $ 1,827. 38 $ 4,153. 13
SKIP LOADER $ 57.54 $ 1,827.38 $ 4,319.26

CONSTRUCTION SWEEPER WITH SIDE AND REAR

BRUSHES
132.79 $ 3,765.51 $ 5,759.01
WALK BEHIND SAW MACHINE $ 57.54 $ 1,594.80 $ 3,737.82
PORTABLE CHANGEABLE MESSAGE SIGN $ 38.73 $ 825.09 $ 1,661.25 PORTABLE ARROWBOARD $ 20. 47 $ 293. 49 $ 830. 63
Docusign Envelope ID: 25BDFDA7- C53C- 8774- 803C-28D35CED45FB

Agenda Item #: 6.19
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Maintenance Services Agreement with MCE Corporation for Landscape Services in Lighting Landscape Assessment Districts 38, 39-2022, and 41-2021.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager, to sign the Maintenance Services Agreement with MCE Corporation through June 30, 2030.

FINANCIAL IMPACT:

The not-to-exceed amount set forth in the Maintenance Services Agreement for Fiscal Year 2026/27 will be $785,000 and will increase by the amount negotiated between the City and the Contractor each fiscal year throughout the term of this agreement, but at no point exceed 3% per fiscal year. Sufficient funds are included in the Fiscal Year 2026/27 Operating Budget to cover the cost of such services. Funding will be requested in the operating budget for the future fiscal years.

In addition, the City will have the option to extend the agreement for up to three (3) additional years, with an increase of no more than the March-to-March Consumer Price Index (CPI) for each fiscal year.

BACKGROUND:

On June 30, 2026, the current landscape maintenance agreement for Landscape Assessment Districts (LLADs) 38, 39-2022, and 41-2021 with MCE Corporation will expire. Prior to the expiration, staff determined that the RFP (Request for Proposals) process would provide the City with the best opportunity to receive comprehensive proposals from prospective contractors. Additionally, the proposals would provide the City with a good indication of current market rates for landscape services within each LLAD.

In preparation for the RFP process, staff updated the maintenance specifications for each of the LLADs — 38, 39-2022, and 41-2021. As each LLAD is unique, three separate specifications were developed to ensure that each area would receive the necessary services at a level supported by the assessments received.

Under the current contract (expiring on 6/30/26), all three (3) LLADs were operating at reduced service levels because funding at the time the contract was executed was inadequate and was being subsidized by the City’s General Fund.

Agenda Item #: 6.19
Meeting Date: June 16, 2026
In 2021 and 2022, LLAD 41 & 39 successfully underwent Prop 218 processes, increasing the assessments received. As a result, the specifications for LLAD 39-2022 & 41-2021 have been updated to reflect full-service levels. In addition, funding to cover the full-service levels in 39-2022 & 41-2021 has been included in the operating budgets for both districts.

As part of the 26/27 fiscal year budget process, and in light of the structural deficit, a decision was made to reduce the subsidy in District 38 to a minimum level, further reducing the service levels in this area.

In November 2025, three (3) RFPs were advertised for landscape services, one for each of the separate LLADs.

ANALYSIS:

In January 2026, the City received individual responses to all three RFPs. • LLAD 38 received 5 responsive proposals and 7 nonresponsive proposals. • With the responsive proposals ranging from $224,015 to 306,458 annually. • LLAD 39-2022 received 6 responsive proposals and 4 nonresponsive proposals. • With the responsive proposals ranging from $303,960 to $433,200 annually. • LLAD 41-2021 received 3 responsive proposals and 6 nonresponsive proposals. • With the responsive proposals ranging from $224,244 to $358,800 annually.

Proposals that were determined to be nonresponsive, either lacked required documentation or did not demonstrate an ability to meet all aspects of the specifications.

After careful review of the responsive proposals received for all 3 RFPs, it was determined that MCE Corporation had provided the proposal demonstrating the best understanding of each district's unique needs and the most comprehensive approach.

After the evaluation process and the determination by staff that MCE was the most responsible proposer, staff was able to begin negotiating terms with MCE. To avoid “bid shopping”, negotiations are only held with the proposer deemed to be the most responsible. After the negotiations, a 3% decrease from the original proposal was achieved for LLAD 39-2022, and a 22% decrease for LLAD 41-2021.

For LLAD 38, the City's budgetary restrictions on district subsidies included a 26% decrease in the district's overall operating budget for FY26/27 compared to the current fiscal year. Staff began the negotiation process by identifying areas of the specifications for LLAD 38 that could be reduced below full-service levels and worked with MCE to decrease their original proposal by 52%. As a result, the service intervals will be reduced to monthly in this area, in lieu of the weekly to biweekly for routine tasks identified in the specifications for fullservice.

If funding becomes available at a later date, the service levels may be brought to full-service as per the specifications in the RFP for LLAD 38 based on the original proposal submitted by MCE.

The following is a contract cost breakdown for each district:

Agenda Item #: 6.19
Meeting Date: June 16, 2026
LLAD38 LLAD39 LLAD41
Annual Contract Services
Per District
$145,000.00 $330,000.00 $225,000.00
Annual As Needed Per
District
$25,000.00 $35,000.00 $25,000.00
Totals
$170,000.00 $365,000.00 $250,000.00 Not-To-Exceed for FY 2026/27 $785,000.00
LEGAL REVIEW:

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

PREPARED BY:

Jason Williams, Maintenance Supervisor, Public Works
ATTACHMENTS:

1. Maintenance Services Agreement with MCE

1715351.1

MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and MCE 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 landscape services for LLMD 38, 39 & 41 set forth in the attached Exhibit " A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

Jason Williams, Maintenance Supervisor (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, 2026, and shall continue until June 30, 2030 (“Term), unless earlier terminated pursuant to the provisions herein and will be subject to an increase in compensation 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 of 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/and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Manager.

The City shall have the option to extend this Agreement for up to three (3) additional years 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-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, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term/and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council.

1715351.1

3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed Seven Hundred Eighty-Five thousand dollars ($785,000) for fiscal year 26/27 without the prior written consent of the City, and shall increase by the amount negotiated between the City and the Contractor each fiscal year through the term of this agreement, but at no point exceed 3% per fiscal year. 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 the Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The city’s request for Proposal, dated November 11, 2025 (Exhibit "B"); and (c) Consultant’s Letter dated May 29, 2026 (Exhibit "C").

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.

1715351.1
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. Indemnification.

Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of 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

1715351.1
reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind.

10. Insurance.

A. 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 City, its officers, employees, agents and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.

C. All insurance policies shall provide that the insurance coverage shall not be nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is 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

1715351.1
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.

11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects.

12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business

1715351.1
hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

13. Conflict of Interest.

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

B. Contract covenants not to give or receive any compensation, monetary or otherwise, to or from the vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractors 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 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 it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.

16. 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

1715351.1
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.

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.

1715351.1

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. 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.

24. 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
1495 W Ninth Street 21810 Copley Drive
Upland CA 91786 Diamond Bar, CA 91765-4178
Attn.: Manny Pavloudakis Attn.: Jason Williams
Phone: (909) 973-7162 Phone: (909) 839-7059
E-Mail: [email protected] E-mail: [email protected]

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

26. 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.

27. 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.

1715351.1
Signatures follow on the next page
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Contractor" "City"
MCE Corporation City of Diamond Bar
By: ______ By: ____
Printed Name: Jeffrey Core Dan Fox, City Manager
Title: President/ CEO

By: ATTEST:

Printed Name: Vince Cudia
Title: Director of Operations- Maintenance
Kristina Santana, City Clerk

Approved as to form:

By: ____
Omar Sandoval, City Attorney

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. *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.

Exhibit A –
Scope of Services

City of Diamond Bar LLMD Maintenance
Exhibit A
Specifications for the Maintenance of:

Lighting and Landscape Maintenance Districts

City of Diamond Bar L.L.M.D. SP 1 LLMD Maintenance

SPECIFICATIONS FOR THE PROVISION OF

LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR

SPECIAL LANDSCAPE MAINTENANCE DISTRICTS

1. SCOPE OF THE WORK AND CONTRACT

1.01 The work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered.

1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Maintenance Superintendent of the Public Works Department. The premises shall be maintained at the level of service provided for in these specifications at all times.

1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bleed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turf and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow prevention devices, repair of walkways, pumps and the necessary maintenance of any appurtenant structures and equipment.

1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications.

1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas.

1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification.

1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability.

1.08 The term Maintenance Superintendent as used in these specifications shall mean Maintenance Superintendent of the Public Works Department

City of Diamond Bar L.L.M.D. SP 2 LLMD Maintenance
or his authorized representative(s).

2. AREAS TO BE MAINTAINED

2.01 There are hiking trails, medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, passes, fire protection slope areas, gate entry areas, creek beds, semi-natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems.

2.02 Surface drains (“V ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications.

2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications.

2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified.

2.05 Estimated square footage by district is provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics.

3. CERTIFICATIONS/REPORTS

3.01 Certification
Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Maintenance Superintendent.

3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and a valid licensed California Pest Control Advisor’s recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed.

3.03 Maintenance Function Report
Contractor shall maintain and keep current a report form that records all on going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor’s personnel. Said report shall be in a form and content acceptable to the Maintenance Superintendent and

City of Diamond Bar L.L.M.D. SP 3 LLMD Maintenance
shall be submitted to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment will not be made until such report is received by the Maintenance Superintendent.

4. ADDITIONAL WORK

4.01 The Maintenance Superintendent may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services.

4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Project Manager or designee. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Maintenance Superintendent May verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twentyfour (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Maintenance Superintendent for approval.

4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.

4.04 Contractor may also be requested to provide casual labor services for City Special Events, City emergencies or for other events and activities as approved by the Maintenance Superintendent.

5. CONTRACTOR’S LIABILITY

5.01 All damages incurred to existing improvements located within areas under maintenance which in the City’s opinion are due to the Contractor’s operation shall be repaired or replaced at the Contractor’s expense.

5.02 All such repairs or replacements shall be completed within the following time limits.
a. Irrigation damage shall be repaired or replaced within one watering cycle.
b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days.

City of Diamond Bar L.L.M.D. SP 4 LLMD Maintenance

5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices.
a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist.
- If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Maintenance Superintendent.
b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications.
c. Chemicals - All damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life.

6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS

6.01 Should any misunderstanding arise; the Maintenance Superintendent will interpret the Agreement. If the Contractor disagrees with the interpretation of the Maintenance Superintendent, he shall continue with the work in accordance with the Maintenance Superintendent’s interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as provided herein.

The written request shall outline in detail the area of dispute.

6.02 The Disputes Review Panel will be appointed by the Maintenance Superintendent and will be composed of not less than three non-city personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Maintenance Superintendent, for his consideration, within one (1) week following the conclusion of the hearing.

The Maintenance Superintendent shall render an interpretation based upon his review of the Panel’s recommendation. The Maintenance Superintendent’s decision shall be final.

7. OFFICE OF INQUIRIES AND COMPLAINTS

7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s), employed by the Contractor, to take the necessary action regarding all inquiries and

City of Diamond Bar L.L.M.D. SP 5 LLMD Maintenance
complaints that may be received from property owners and tenants within said District or from the Maintenance Superintendent. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor’s Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through telephone communication.

7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Maintenance Superintendent, against the Contractor, or may deduct such cost from any amount due to Contractor from City.

7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for nonaction. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times.

7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City.

8. SAFETY

8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A., CAL.

O.S.H.A. and NIOSHA Safety orders at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas

City of Diamond Bar L.L.M.D. SP 6 LLMD Maintenance
under maintenance and keep a log indicating date inspected and action taken.

8.02 It shall be the Contractors responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Maintenance Superintendent shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus, if any, so as to protect members of the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Maintenance Superintendent within five (5) days following the occurrence.

9. HOURS AND DAYS OF MAINTENANCE SERVICE

9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days’ maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Maintenance Superintendent.

9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Maintenance Superintendent. Contractor shall provide on-site staffing at the prescribed hours seven (7) days per week, Sunday through Saturday at all park sites.

Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Maintenance Superintendent.

9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day’s work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California.

City of Diamond Bar L.L.M.D. SP 7 LLMD Maintenance

10. MAINTENANCE SCHEDULES

10.01 Contractor shall provide a work schedule for the Districts to be maintained which shall be submitted to the Maintenance Superintendent within ten (10) days after the effective date of this Agreement for his approval.

10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Maintenance Superintendent within five (5) working days prior to scheduled time for the work.

10.03 The above provisions are not construed to eliminate the Contractor’s responsibility in complying with the requirement to notify the Maintenance Superintendent for Specialty Type maintenance as set forth immediately hereinafter.

10.04 Contractor shall notify the Maintenance Superintendent, in writing, at least two (2) weeks prior to the date and time of all “Specialty Type” maintenance operations, “Specialty Type” operations are defined as:
a. Fertilization
b. Turf aerification
c. Turf renovation/verticutting
d. Turf reseeding
e. Spraying of trees, shrubs or turf
f. Pruning trees and shrubs
g. Other items as determined by the Parks and Maintenance Superintendent
Said “Specialty Type” maintenance services shall be performed in compliance with an approved specialized maintenance program prepared by Contractor. Failure to complete special services in accord with the schedules set forth in the specialized maintenance program will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed.

11. CONTRACTOR’S STAFF

11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor’s maintenance personnel shall be supervised by a qualified, English speaking, Foreman in the employ of the Contractor.

11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Maintenance Superintendent, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the

City of Diamond Bar L.L.M.D. SP 8 LLMD Maintenance
Maintenance Superintendent and such person shall not
be employed at any other City District area of maintenance contracted for and maintained by, the Contractor.

11.03 Maintenance Superintendent may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system shall be furnished at the Contractor’s expense and may include appropriate attire and/or name badges as specified by the Maintenance Superintendent.

11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts, shall be worn at all times and buttoned.

12. SIGNS/IMPROVEMENTS

12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefore is obtained from the Maintenance Superintendent.

13. UTILITIES

13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Maintenance Superintendent. Contractor shall pay for all excessive utility usage due to Contractor’s failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Maintenance Superintendent prior to actual deduction to allow for explanations.

14. NON-lNTERFERENCE

14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

15. STORAGE FACILITIES

15.01 City shall not provide any storage facilities for the Contractor.

16. TURF CARE

City of Diamond Bar L.L.M.D. SP 9 LLMD Maintenance

16.01 The Contractor shall perform at his sole expense the following services:
a. Mowing - Turf to be mowed with an adequately sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surface appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1-inch height throughout the year. All cool season grasses (Blue Grass and Fescues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Maintenance Superintendent during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Maintenance Superintendent for approval. b. Edging - With each cutting the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Such edging shall be done with a power edger with a rigid blade. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage.

Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turf areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower.
c. Weed Control - Control turf weeds as needed and in accordance with the specialized maintenance program. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control - Eliminate all insect or disease affecting turf areas as they occur.
e. Aerating - Aerate all turf areas four (4) times annually in accordance with the specialized maintenance program. Aerate all turf by using 1/2-inch tines removing 4-inch cores of sod with an