HomeMy WebLinkAbout2023.06.20 Agenda Packet - Regular Meeting amendedCity Council Agenda
Tuesday, June 20, 2023 6:30 PM
Amended on 6/16/2023
South Coast Air Quality Management District/Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
How to Observe the Meeting From Home:
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How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by
logging into the teleconference. Please send email public comments to the City Clerk at
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“FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the
record at the meeting and posted on the City’s official agenda webpage as soon as reasonably
practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/6493489606083516766. Members of the public will
be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to
five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading
the COVID-19 virus.
JUNE 20, 2023 PAGE 2
RUTH M. LOW
Council Member
CHIA TENG
Council Member
STEVE TYE
Council Member
ANDREW CHOU
Mayor
STAN LIU
Mayor Pro Tem
City Manager Dan Fox • City Attorney Omar Sandoval • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited
to attend and participate. Copies of staff reports or other written documentation relating to agenda
items are on file and available for public inspection by contacting the Office of the City Clerk. If
requested, the agenda will be made available in an alternative format to a person with disability as
required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions
regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business
hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent Calendar item or any matter not on the
agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City
Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings,
when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. A person who disrupts the orderly conduct of
the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is
disrupting the meeting, may result in the person being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV (on Spectrum Cable Channel 3 and Frontier
FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. The
City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov/agendas
General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT
9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/6493489606083516766 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 20, 2023
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Mayor
ROLL CALL: Low, Teng, Tye, Mayor Pro Tem Liu,
Mayor Chou
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 VEX IQ Robotics World Championship Certificates
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
“Public Comments” is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. At this time, the
teleconference moderator will ask callers one at a time to give their name and if
JUNE 20, 2023 PAGE 2
there is an agenda item number they wish to speak on before providing their
comment.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Free Catalytic Converter Etching – June 21, 2023, 9:00 - 11:00 a.m.
Calvary Chapel Golden Springs, 22324 Golden Springs Dr.
4.2 Concerts in the Park – The OC3 – June 21, 2023, 6:30 – 8:00 p.m.
Summitridge Park.
4.3 Movies Under the Stars – Many Adventures of Winnie the Pooh –
June 21, 2023, 6:30 – 8:00 p.m. Summitridge Park.
4.4 Coffee with a Cop – June 27, 2023, 5:30 – 7:30 p.m. The Mugs,
20657 Golden Springs Dr.
4.5 Planning Commission Meeting – June 27, 2023 – 6:30 p.m. online
teleconference and Windmill Room, 21810 Copley Dr.
4.6 Concerts in the Park – Buffett Beach – June 28, 2023, 6:30 – 8:00
p.m. Summitridge Park.
4.7 Movies Under the Stars – Lilo & Stitch 2 – June 28, 2023, 6:30 – 8:00
p.m. Summitridge Park.
4.8 City Council Meeting – July 4, 2023 – Meeting cancelled in
observance of Independence Day.
4.9 City Council Meeting – July 18, 2023, 6:30 p.m. online teleconference
and SCAQMD Main Auditorium, 21865 Copley Dr.
5. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
5.1 CITY COUNCIL MINUTES OF THE JUNE 6, 2023 REGULAR MEETING.
5.1.a June 6, 2023 Regular City Council Minutes
Recommended Action:
Approve the June 6, 2023 Regular City Council meeting minutes.
Requested by: City Clerk
JUNE 20, 2023 PAGE 3
5.2 RATIFICATION OF CHECK REGISTER DATED MAY 31, 2023
THROUGH JUNE 13, 2023 TOTALING $1,500,192.04.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 TREASURER'S STATEMENT.
Recommended Action:
Approve the May 2023 Treasurer’s Statement.
Requested by: Finance Department
5.4 FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY
ACCOUNTING STAFFING SERVICES THROUGH JANUARY 31, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the Fifth Amendment to
the Consultant Services Agreement with M.V. Cheng & Associates, Inc.
Requested by: Finance Department
5.5 FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH WOODS MAINTENANCE SERVICES, INC. (DBA GRAFFITI
CONTROL SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT
SERVICES THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the First Amendment to
the Maintenance Services Agreement with Woods Maintenance Services,
Inc., to provide graffiti abatement services through June 30, 2024.
Requested by: Community Development Department
5.6 SIXTH AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT
WITH NETWORK PARATRANSIT SYSTEMS FOR DIAMOND RIDE
PROGRAM SENIOR TRANSPORTATION SERVICES THROUGH JUNE
30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the Sixth Amendment to
the Contractor Services Agreement with Network Paratransit Systems
(NPS) to provide Diamond Ride Program senior transportation services
through June 30, 2024.
Requested by: City Manager
JUNE 20, 2023 PAGE 4
5.7 PURCHASE OF A NEW ENTERPRISE LAND MANAGEMENT (ELM)
SYSTEM, INCLUDING RELATED HARDWARE AND IMPLEMENTATION
SERVICES.
Recommended Action:
A. Approve and authorize the City Manager to execute an agreement with
Tyler Technologies to provide an Enterprise Land Management (ELM)
System, related implementation services, and the first year of
Maintenance in an amount of $826,517;
B. Approve and authorize the City Manager to execute an agreement with
Go Live Technology to provide consulting services during the
implementation of the ELM system in an amount not-to-exceed
$200,000;
C. Approve, and authorize the City Manager to, seek competitive bids and
purchase, two (2) servers required for the ELM system in an amount
not-to-exceed $50,000; and
D. Approve a contingency amount of $108,483 for change orders, if any,
to be approved by the City Manager, related to the ELM System
project implementation.
Requested by: Information Systems
5.8 MAINTENANCE SERVICES AGREEMENT WITH AMERICOMP GROUP
IMAGING, LLC, FOR PRINTER MAINTENANCE SERVICES AND
TONERS THROUGH JUNE 30, 2028.
Recommended Action:
Approve, and authorize the City Manager to sign, a Maintenance Services
Agreement with AmeriComp Group Imaging, LLC, for printer maintenance
services and toners through June 2028.
Requested by:
5.9 PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO
VISUAL & SECURITY FOR CONFIGURATION AND INSTALLATION
SERVICES, SECURITY CAMERAS, AND RELATED EQUIPMENT FOR
A NEW VERKADA SECURITY CAMERA SYSTEM AT THE DIAMOND
BAR CENTER.
Recommended Action:
Approve, and authorize the City Manager to sign, a Professional Services
Agreement with Western Audio Visual & Security for configuration and
installation services, security cameras, and related equipment for a new
Verkada security camera system at the Diamond Bar Center.
JUNE 20, 2023 PAGE 5
Requested by: Information Systems
5.10 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39-2022 AND 41-2021.
Recommended Action:
A. Adopt Resolution No. 2023-21 (No. 38), declaring the City’s
intention to levy and collect assessments for Landscape
Assessment District No. 38 and directing staff to advertise the
Public Hearing to be set for the July 18, 2023 regular meeting;
B. Adopt Resolution No. 2023-22 (No. 39-2022) declaring the City’s
intention to levy and collect assessments for Landscape
Assessment District No. 39-2022 and directing staff to advertise the
Public Hearing to be set for the July 18, 2023 regular meeting; and
C. Adopt Resolution No. 2023-23 (No. 41-2021) declaring the City’s
intention to levy and collect assessments for Landscape
Assessment District No. 41-2021 and directing staff to advertise the
Public Hearing to be set for the July 18, 2023 regular meeting.
Requested by: Public Works Department
5.11 CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC.
Recommended Action:
Approve, and authorize the City Manager to sign, the Consulting Services
Agreement with Prince Global Solutions, LLC, for Federal advocacy
services through June 30, 2024.
Requested by: Public Works Department
5.12 FOURTH AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S INC. FOR MECHANICAL AND
BUILDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE
AND REPAIR SERVICES THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, Fourth Amendment to
the Maintenance Services Agreement with Trane U.S. Inc. dba Trane
through June 30, 2024.
Requested by: Public Works Department
JUNE 20, 2023 PAGE 6
5.13 FIRST AMENDMENT TO ROAD MAINTENANCE SERVICES
AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR
MAINTENANCE SERVICES THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the First Amendment to
the Road Maintenance Services Agreement with CT&T Concrete Paving,
Inc.
Requested by: Public Works Department
5.14 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE SERVICES THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the Second
Amendment to the Maintenance Services Agreement with Parkwood
Landscape Maintenance, Inc. through June 30, 2024.
Requested by: Public Works Department
5.15 FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH MCE CORP. FOR LANDSCAPE SERVICES THROUGH JUNE 30,
2024.
Recommended Action:
Approve, and authorize the City Manager to sign, First Amendment to the
Maintenance Services Agreement with MCE Corporation through June 30,
2024.
Requested by: Public Works Department
5.16 CONTINUED PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES.
Recommended Action:
Adopt Resolution No. 2023-24 authorizing participation in the National
Intergovernmental Purchasing Alliance to purchase janitorial supplies for
City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year
2023/24.
Requested by: Public Works Department
JUNE 20, 2023 PAGE 7
5.17 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH GUARANTEED JANITORIAL SERVICE, INC. FOR JANITORIAL
SERVICE THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the Second Amendment
to the Maintenance Services Agreement with Guaranteed Janitorial
Service, Inc. for a one-year extension through June 30, 2024.
Requested by: Public Works Department
5.18 FOURTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE
SERVICES THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, the Fourth Amendment
to the Maintenance Services Agreement with West Coast Arborists, Inc.
through June 30, 2024.
Requested by: Public Works Department
5.19 NOTICE OF COMPLETION FOR THE CITYWIDE BUS SHELTER
REPLACEMENT PROGRAM, CIP PROJECT #TI22300.
Recommended Action:
Approve, and authorize the Director of Public Works/City Engineer to file,
the Notice of Completion.
Requested by: Public Works Department
5.20 CONSULTING SERVICES AGREEMENT WITH JOHN L. HUNTER &
ASSOCIATES, INC. FOR MUNICIPAL NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL
SERVICES THROUGH JUNE 30, 2026.
Recommended Action:
Approve, and authorize the City Manager to sign, the Consulting Services
Agreement with John L. Hunter and Associates, Inc. (JLHA) for a three-
year term, with an option to extend for an additional two years, in an
annual not-to-exceed amount of $74,770.
Requested by: Public Works Department
5.21 CONSULTING SERVICES AGREEMENTS FOR ON-CALL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES THROUGH JUNE
30, 2026.
Recommended Action:
JUNE 20, 2023 PAGE 8
A. Approve, and authorize the City Manager to sign, the Consulting
Services Agreement with Cannon Corporation for a three-year term,
with an option to extend for an additional two years, in an annual not-
to-exceed amount of $62,500;
B. Approve, and authorize the City Manager to sign, the Consulting
Services Agreement with HR Green Pacific, Inc. for a three-year term,
with an option to extend for an additional two years, in an annual not-
to-exceed amount of $62,500;
C. Approve, and authorize the City Manager to sign, the Consulting
Services Agreement with TAIT & Associates, Inc. for a three-year term,
with an option to extend for an additional two years, in an annual not-
to-exceed amount of $50,000; and
D. Approve, and authorize the City Manager to sign, the Consulting
Services Agreement with LAE & Associates, Inc. for a three-year term,
with an option to extend for an additional two years, in an annual not-
to-exceed amount of $100,000.
Requested by: Public Works Department
5.22 SIXTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH EXTERIOR PRODUCTS CORPORATION FOR EXTERIOR
DÉCOR & LIGHTING MAINTENANCE THROUGH JUNE 30, 2024.
Amended to add the recommendation below.
Recommended Action:
Approve, and authorize the City Manager to sign, the Sixth Amendment to
the Maintenance Services Agreement with Exterior Products Corporation
through June 30, 2024.
Requested by: Public Works Department
6. PUBLIC HEARINGS: NONE.
7. COUNCIL CONSIDERATION:
7.1 PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
PERMANENT LOCAL HOUSING ALLOCATION ("PLHA") PROGRAM.
Recommended Action:
A. Adopt Resolution No. 2023-25 approving the City's participation in
Years 1 through 3 of the Los Angeles Urban County PLHA Program;
identifying proposed activities for the expenditure of $649,080 in
combined PLHA funding; and authorizing the City Manager to sign a
reimbursable contract with the Los Angeles County Development
Authority ("LACDA"); and
JUNE 20, 2023 PAGE 9
B. Determine that the proposed action does not constitute a project and is
therefore exempt from the California Environmental Quality Act
(“CEQA”).
Requested by: Community Development Department
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JUNE 6, 2023 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 6, 2023 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
5.1
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Attachments:
1. 5.1.a June 6, 2023 Regular City Council Minutes
5.1
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM
21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
JUNE 6, 2023
CALL TO ORDER: Mayor Chou called the Regular City Council meeting
to order at 6:34 p.m. in the South Coast Air Quality Management District Main
Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Council Member Teng led the Pledge of Allegiance.
INVOCATION: Associate Pastor Luke Pamplin, Evangelical Free
Church, provided the Invocation.
ROLL CALL: Council Members Ruth Low, Chia Yu Teng, and
Mayor Andrew Chou
Absent: Council Member Steve Tye and Mayor Pro Tem Stan
Liu
Staff Present In Person: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City
Manager; Amy Haug, Human Resources and Risk Manager; David Liu, Public Works
Director; Jason Jacobsen, Finance Director; Ryan Wright, Parks and Recreation
Director; Ken Desforges, Information Services Director; Marsha Roa, Public Information
Manager; Cecilia Arellano, Public Information Coordinator; Joan Cruz, Administrative
Coordinator; Kristina Santana, City Clerk
Staff Present Telephonically: Hal Ghafari, Public Works Manager/Assistant City
Engineer; Greg Gubman, Community Development Director
Also Present In Person: Lieutenant Daniel Dail and Captain Stephen Tousey,
LA County Sheriff’s Department, Diamond Bar/Walnut Station; and, Leticia Pacillas,
LACFD Community Services Liaison.
APPROVAL OF AGENDA: Mayor Chou approved the agenda as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Air Quality Updates Presentation by South Coast Air Quality Management
District Governing Board Vice-Chair Michael Cacciotti.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Strategic Plan Q-3 (Third Quarter) Update.
ACM/McLean provided the report that highlighted key initiative work plan
items.
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JUNE 6, 2023 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
Nef Cortez, Board of Directors, Regional Chamber of Commerce of San Gabriel
Valley, spoke in support of the proposed 2023-2024 City Budget with inclusion of
funding support for the Chamber.
Cynthia Yu, Diamond Bar Library, announced that the LA County Library was
selected as a recipient of the 2023 National Museum for Library Services, the
nation’s highest honor given to museums and libraries that make significant and
exceptional contributions to their community, and spoke about the library’s laptop
loan program to help residents “get connected”. Additional information about
these and other items is available online at www.lacountylibrary.org
CC/Santana stated there were no emails submitted for public comment.
4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of
Future Events.
5. CONSENT CALENDAR: C/Low moved, C/Teng seconded, to approve the
Consent Calendar as presented. Motion carried 3-0 by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Low, Teng, M/Chou
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Tye, MPT/Liu
5.1 APPROVED CITY COUNCIL MINUTES FOR:
5.1.1 MAY 16, 2023 CITY COUNCIL STUDY SESSION
5.1.2 MAY 16, 2023 REGULAR CITY COUNCIL MEETING
5.2 RATIFIED CHECK REGISTER DATED MAY 10, 2023 THROUGH MAY
30, 2023 TOTALING $2,206,771.68.
5.3 APPROVED THE APRIL 2023 TREASURER’S STATEMENT.
5.4 ADOPTED RESOLUTION NO. 2023-14 APPROVING THE CITY’S
PARTICIPATION IN A THREE-YEAR COOPERATION AGREEMENT
AND THE EXECUTION OF THE 2024-2026 COOPERATION
AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF
DIAMOND BAR FOR FISCAL YEARS 2024-2025 THROUGH 2026-2027.
IN THE LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
5.5 CANCELLATION OF THE JULY 4, 2023 REGULAR CITY COUNCIL
MEETING.
5.1.a
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JUNE 6, 2023 PAGE 3 CITY COUNCIL
5.6 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
CONSULTANT SERVICES AGREEMENT WITH TRUE NORTH
RESEARCH, INC. FOR THE COMPLETION OF A COMMUNITY
SURVEY THROUGH JUNE 30, 2024.
5.7 ADOPTED RESOLUTION NO. 2023-15 AUTHORIZING THE SUBMITTAL
OF FY 2023-2024 LIST OF ROAD REPAIR PROJECTS FUNDED BY
SB1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR
FY 2023-2024.
5.8 APPROVED AND AUTHORIZED THE CITY MANAGER TO ISSUE A
PURCHASE ORDER IN THE AMOUNT OF $102,866.56 TO ATHACO
INC. TO MANUFACTURE RESIDENTIAL STREET NAME SIGNS AND
TO SUPPLY THE ASSOCIATED MOUNTING HARDWARE, PLUS A
CONTINGENCY AMOUNT OF $10,286.66 FOR A TOTAL
AUHTHORIZATION OF $113,153.21 FOR PROCUREMENT OF
RESIDENTIAL STREET NAME SIGNS FOR AREAS 4-7.
6. PUBLIC HEARINGS: NONE
7. COUNCIL CONSIDERATION:
7.1 ADOPTION OF THE FISCAL YEAR (FY) 2023-2024 CITY OPERATING
BUDGET AND CAPITAL IMPROVEMENT PROGRAM, INCLUDING
ESTABLISHMENT OF THE APPROPRIATIONS LIMIT, EMPLOYEE
COMPENSATION PLAN, PERSONNEL RULES AND INVESTMENT
POLICY.
FD/Jacobsen provided the budget adoption report that included
reclassification of current personnel and addition of new personnel as well
as, a formal name change of the Public Information Division to the
Community Relations Division.
No further public comments were offered on this item.
FD/Jacobsen responded to Council questions and comments.
C/Low moved, C/Teng seconded to:
A. Adopt Resolution No. 2023-16 approving the FY 2023-2024 City
Operating Budget and Capital Improvement Program;
B. Adopt Resolution No. 2023-17 establishing the appropriations limit for
FY 2023-2024 in the amount of $59,112.083;
C. Adopt Resolution No. 2023-18 amending the City’s Personnel Rules
and Regulations;
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JUNE 6, 2023 PAGE 4 CITY COUNCIL
D. Adopt Resolution No. 2023-19 establishing the compensation plan,
salary ranges and fringe benefits for all employee classifications; and,
E. Adopt Resolution No. 2023-20 approving the FY 2023-2024
Investment Policy.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Low, Teng, M/Chou
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Tye, MPT/Liu
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Teng reported that he and his colleagues attended the high school senior
graduation ice cream event and invited everyone to attend the Concerts in the
Park and Movies Under the Stars series beginning next Wednesday, June 14th.
C/Low thanked FD/Jacobsen and his staff for providing the City and City Council
with an excellent and fiscally prudent budget, said that she and M/Chou attended
the Pacific Crest Youth Arts Association Drum and Bugle Corp 30th Anniversary
Celebration, attended the Contract Cities Association Conference, encouraged
everyone to be mindful that it is mosquito and snake season and advised
residents to rid their properties of standing water, and wished all fathers a Happy
Father’s Day.
M/Chou thanked staff for the budget presentation and strategic plan and said that
every year he is amazed by the work of this small but mighty team, he voiced his
appreciation for tripling the budget for Economic Development in anticipation of
the City’s next growth phase as well as, initiation of a Homeless fund and
recognized June as Pride Month shining a light on the struggles and
contributions of the LGBTQ community.
ADJOURNMENT: With no further business to conduct, Mayor Chou
adjourned the Regular City Council Meeting at 7:42 p.m.
Respectfully Submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 20th day of June, 2023.
__________________________
Andrew Chou, Mayor
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Agenda #: 5.2
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED MAY 31, 2023
THROUGH JUNE 13, 2023 TOTALING $1,500,192.04.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,500,192.04.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated May 31, 2023 through June 13,
2023 totaling $1,500,192.04 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and procedures, and have been
reviewed and approved by the appropriate departmental staff. The attached Affidavit
affirms that the check register has been audited and deemed accurate by the Finance
Director.
PREPARED BY:
5.2
Packet Pg. 18
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 6-20-2023
2. 5.2.b Check Register 6-20-2023
5.2
Packet Pg. 19
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated May 31, 2023 through June 13, 2023 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Signed:
__________________________________
Jason M. Jacobsen
Finance Director
5.2.a
Packet Pg. 20
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8688 6/8/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE
- TC-1
100655 52210 $112.78
CHECK TOTAL $112.78
8689 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB - LS-2 100655 52210 $89.95
CHECK TOTAL $89.95
8690 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 S. DBB - LS-2 100655 52210 $134.93
CHECK TOTAL $134.93
8691 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA
CYN/FALLOWFIELD - LS-2
100655 52210 $89.24
CHECK TOTAL $89.24
8692 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST -
LS-2
100655 52210 $67.95
CHECK TOTAL $67.95
8693 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS
DR - LS-2
100655 52210 $118.31
CHECK TOTAL $118.31
8694 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 BREA CYN - LS-2 100655 52210 $67.47
CHECK TOTAL $67.47
8695 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CTR -
LS-2
100655 52210 $89.95
CHECK TOTAL $89.95
8696 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1DBB/TEMPLE - LS-2 100655 52210 $128.09
CHECK TOTAL $128.09
8697 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN
SPRINGS - LS-2
100655 52210 $112.43
CHECK TOTAL $112.43
8698 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CYN TC1 -
LS-2
100655 52210 $142.89
CHECK TOTAL $142.89
8699 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER - LS-
2
100655 52210 $246.13
CHECK TOTAL $246.13
5.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8700 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN
SPRINGS - LS-2
100655 52210 $89.95
CHECK TOTAL $89.95
8701 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566
GOLDEN SPGS - LS-2
100655 52210 $201.67
CHECK TOTAL $201.67
8702 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN
SPRINGS - LS-2
100655 52210 $85.35
CHECK TOTAL $85.35
8703 6/8/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHINGTON
AVE. - LS-2
100655 52210 $107.12
CHECK TOTAL $107.12
8704 6/7/2023 SOUTHERN CALIFORNIA EDISON 21810 COPLEY (04.26.23 - 05.24.223) FY
22-23
100630 52210 $3,432.17
CHECK TOTAL $3,432.17
8705 6/5/2023 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CANYON (04.21.23 -
05.21.23) FY22-23
100630 52210 $77.19
CHECK TOTAL $77.19
8706 6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
239 21106 $198.12
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
241 21106 $198.12
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
100220 50062 $205.16
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
225 21106 $250.28
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
201 21106 $333.54
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
238 21106 $390.07
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
206 21106 $710.33
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
207 21106 $1,062.31
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
250 21106 $1,081.18
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
105220 50048 $1,510.00
5.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/9/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2023
100 21106 $53,099.46
CHECK TOTAL $59,038.57
8707 6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
238 21118 $5.49
6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
239 21118 $5.49
6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
241 21118 $5.49
6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
207 21118 $10.30
6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
206 21118 $27.95
6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
250 21118 $30.86
6/9/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/09/2023
100 21118 $1,728.41
CHECK TOTAL $1,813.99
8708 6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
239 21109 $187.52
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
241 21109 $187.52
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
225 21109 $216.47
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
238 21109 $291.36
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
207 21109 $379.34
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
201 21109 $484.01
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
206 21109 $947.78
5.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
250 21109 $2,227.01
6/9/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
100 21109 $55,333.33
CHECK TOTAL $60,254.34
8709 6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
225 21110 $124.49
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
239 21110 $125.79
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
241 21110 $125.79
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
238 21110 $209.11
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
201 21110 $322.94
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
207 21110 $475.84
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
206 21110 $505.00
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
250 21110 $1,417.45
6/9/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
05/20/23-06/02/23
100 21110 $36,793.40
CHECK TOTAL $40,099.81
8713 6/13/2023 AARON STANLEY TALALAY INSTRUCTOR PAYMENT - PICKLEBALL -
WS23
100520 55320 $357.00
CHECK TOTAL $357.00
8714 6/13/2023 AARP AARP INSTRUCTION 100520 55310 $115.00
CHECK TOTAL $115.00
8715 6/13/2023 ABOUND FOOD CARE CITY COUNCIL APPROVED-FOOD
RECOVERY SERVICES APRIL
250170 54900 $1,632.35
CHECK TOTAL $1,632.35
8716 6/13/2023 ABSOLUTE SECURITY
INTERNATIONAL INC
SECURITY GUARD SERVICES - MAY 2023 100510 55330 $4,896.30
CHECK TOTAL $4,896.30
5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8717 6/13/2023 AFLAC SUPP INSURANCE PREMIUM MAY 2023 201 21117 $6.02
6/13/2023 AFLAC SUPP INSURANCE PREMIUM MAY 2023 207 21117 $16.27
6/13/2023 AFLAC SUPP INSURANCE PREMIUM MAY 2023 206 21117 $42.01
6/13/2023 AFLAC SUPP INSURANCE PREMIUM MAY 2023 250 21117 $59.79
6/13/2023 AFLAC SUPP INSURANCE PREMIUM MAY 2023 100 21117 $1,405.65
CHECK TOTAL $1,529.74
8718 6/13/2023 AIRGAS INC PURCHASE OF BOBCAT™ 225 - FY 22-23 100655 51300 $7,336.04
6/13/2023 AIRGAS INC HELIUM - FY 22-23 100630 51200 $14.26
6/13/2023 AIRGAS INC HELIUM - FY 22-23 100520 51200 $143.10
CHECK TOTAL $7,493.40
8719 6/13/2023 ALL CHARGED UP LLC RADIOS FOR RECREATION PROGRAMS
AND EVENTS
100520 51200 $4,727.12
CHECK TOTAL $4,727.12
8720 6/13/2023 ALL CITY MANAGEMENT
SERVICES INC
CROSSING GUARD SERVICES - 4/30/23-
5/13/23
100310 55412 $13,985.64
6/13/2023 ALL CITY MANAGEMENT
SERVICES INC
CROSSING GUARD SERVICES - 5/14/23-
5/27/23
100310 55412 $13,062.06
CHECK TOTAL $27,047.70
8721 6/13/2023 ALLIANT INSURANCE SERVICES
INC
EVENT INSURANCE FOR CONCERTS IN
THE PARK
100520 55300 $1,186.00
CHECK TOTAL $1,186.00
8722 6/13/2023 AMERICOMP GROUP PRINTER TRANSFER KIT 100230 51200 $513.56
CHECK TOTAL $513.56
8723 6/13/2023 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (MAY)
FY 22-23
100630 52320 $70.00
6/13/2023 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (MAY)
FY 22-23
100510 52320 $105.00
6/13/2023 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (MAY)
FY 22-23
100620 52320 $120.00
CHECK TOTAL $295.00
8724 6/13/2023 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (MAY)
FY 22-23
100510 55300 $255.00
5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/13/2023 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (MAY)
FY 22-23
100620 52320 $355.00
CHECK TOTAL $610.00
8725 6/13/2023 KATHY BREAUX INSTRUCTOR PAYMENT - ART - SUM 23 100520 55320 $117.60
CHECK TOTAL $117.60
8726 6/13/2023 BRIAN MARTINEZ SENIOR EVENT PHOTOGRAPHER 100240 54900 $380.00
CHECK TOTAL $380.00
8727 6/13/2023 CALIFORNIA STATE
DISBURSEMENT UNIT
M. HAWKINS II REMIT #200000001825436
LOC #600099
100 23199 $199.03
CHECK TOTAL $199.03
8728 6/13/2023 CAL POLY POMONA
FOUNDATION INC
USED OIL AD 253180 54900 $1,140.00
CHECK TOTAL $1,140.00
8729 6/13/2023 CHEM PRO LABORATORY INC WATER TREATMENT CITY HALL (JUN) FY
22-23
100620 52320 $179.00
CHECK TOTAL $179.00
8730 6/13/2023 CIVICPLUS LLC MUNICIPAL CODE ADMIN FEE 100140 54900 $475.00
CHECK TOTAL $475.00
8731 6/13/2023 COCO SUTZE CHENG INSTRUCTOR PAYMENT - FITNESS - WS 23 100520 55320 $24.00
CHECK TOTAL $24.00
8732 6/13/2023 CODING MINDS INC INSTRUCTOR PAYMENT - COMPUTER -
FALL 22
100520 55320 $264.00
6/13/2023 CODING MINDS INC INSTRUCTOR PAYMENT - COMPUTER -
FALL 22
100520 55320 $132.00
CHECK TOTAL $396.00
8733 6/13/2023 CT & T CONCRETE PAVING INC STORM DRAIN WORK - FY 22-23 201655 55530 $3,294.00
CHECK TOTAL $3,294.00
8734 6/13/2023 DAVID EVANS AND ASSOCIATES
INC
LANDSCAPE PLAN CKG SVCS-3/26 THRU
4/29/23
100 22107 $1,211.50
6/13/2023 DAVID EVANS AND ASSOCIATES
INC
LANDSCAPE PLAN CKG SVCS-3/26 THRU
4/29/23
100 22107 $1,307.00
CHECK TOTAL $2,518.50
8735 6/13/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JUNE 2023
206 21105 $0.96
5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/13/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JUNE 2023
207 21105 $0.96
6/13/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JUNE 2023
250 21105 $1.96
6/13/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JUNE 2023
225 21105 $2.95
6/13/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JUNE 2023
100 21105 $166.13
CHECK TOTAL $172.96
8736 6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
225 21105 $9.05
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
239 21105 $18.56
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
241 21105 $18.56
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
238 21105 $34.04
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
201 21105 $46.38
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
206 21105 $72.91
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
207 21105 $83.78
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
250 21105 $138.39
6/13/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM
JUNE 2023
100 21105 $4,660.50
CHECK TOTAL $5,082.17
8737 6/13/2023 CAROL A DENNIS MINUTES TRANSCRIPTION FOR COUNCIL
MEETINGS IN MAY
100140 54900 $300.00
6/13/2023 CAROL A DENNIS MINUTES TRANSCRIPTION-PC MTG 5/9
AND 5/23 2023
100410 54900 $100.00
CHECK TOTAL $400.00
8738 6/13/2023 DEPARTMENT OF INDUSTRIAL
RELATIONS
ELEVATOR INSPECTION FEE - FY 22-23 100620 52320 $675.00
CHECK TOTAL $675.00
8739 6/13/2023 DIANA CHO & ASSOCIATES CDBG CONSULTANT-ADMN SVCS-AREA
2
301610 56101 $85.00
5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/13/2023 DIANA CHO & ASSOCIATES CBDG ADMN SVCS-AREA 3 APRIL 2023 301610 56101 $595.00
CHECK TOTAL $680.00
8740 6/13/2023 ECOFERT INC FERTILIZER INJECTION SYSTEM (MAY) FY
22-23
100630 52320 $1,207.00
CHECK TOTAL $1,207.00
8741 6/13/2023 EXTERIOR PRODUCTS CORP MILITARY BANNERS - FY 22-23 100520 55300 $260.00
6/13/2023 EXTERIOR PRODUCTS CORP LIGHTING MAINT (CITY HALL) FY 22-23 100620 51200 $2,422.50
6/13/2023 EXTERIOR PRODUCTS CORP LIGHTING MAINT (DBC) FY 22-23 100510 52320 $4,660.12
CHECK TOTAL $7,342.62
8742 6/13/2023 FOCUS MEDIA GROUP INC CITY WIDE BUS SHELTER REPLACEMENT
FY 22/23
301610 56103 $266,243.19
CHECK TOTAL $266,243.19
8743 6/13/2023 FOOTHILL BUILDING MATERIALS
INC
SAND BAG DELIVERY (STATION #119) FY
22-23
100350 51200 $154.35
6/13/2023 FOOTHILL BUILDING MATERIALS
INC
SAND DELIVERY (STATION #121) FY 22-
23
100350 51200 $421.58
CHECK TOTAL $575.93
8744 6/13/2023 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILL - INTERNET SERVICE -
MAY 2023
100230 54030 $389.57
6/13/2023 FRONTIER COMMUNICATIONS
CORP
SUMMARY ACCOUNT - INTERNET/CITY
HALL - JUN 2023
100230 54030 $775.00
CHECK TOTAL $1,164.57
8745 6/13/2023 GEO PLASTICS USED OIL KITS 253180 54900 $54.27
6/13/2023 GEO PLASTICS USED OIL KITS 253180 51200 $954.62
6/13/2023 GEO PLASTICS USED OIL KITS 253180 51300 $1,842.27
CHECK TOTAL $2,851.16
8746 6/13/2023 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY - WS
23
100520 55320 $162.00
CHECK TOTAL $162.00
8747 6/13/2023 GO LIVE TECHNOLOGY INC PS/SOLAR APP - PROJECT MGMT - MAY
2023
503230 56135 $720.00
CHECK TOTAL $720.00
8748 6/13/2023 GOTO COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - JUNE 2023 100230 52200 $2,686.25
5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $2,686.25
8749 6/13/2023 WOODS MAINTENANCE
SERVICES INC
GRAFFITI ABATEMENT - MAY 2023 100430 55540 $2,975.00
CHECK TOTAL $2,975.00
8750 6/13/2023 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (MAY) FY 22-23 100630 55505 $2,660.70
6/13/2023 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (MAY) FY 22-23 100510 55505 $5,864.40
6/13/2023 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (MAY) FY 22-23 100620 52320 $9,474.25
CHECK TOTAL $17,999.35
8751 6/13/2023 HINDERLITER DE LLAMAS &
ASSOCIATES
ECON DEV SERVICES - MISSING 2020
INVOICE
100150 54900 $600.00
CHECK TOTAL $600.00
8752 6/13/2023 HODGMAN ENTERPRISES PRINTING, BINDING, MAILING OF JUNE
2023 NEWSLETTER
100240 52110 $2,642.94
CHECK TOTAL $2,642.94
8753 6/13/2023 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE - FY 22-23 100510 52320 $76.45
6/13/2023 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE - FY 22-23 100630 52320 $402.05
CHECK TOTAL $478.50
8754 6/13/2023 HOPSCOTCH PRESS INC DBC FEATURED AD MAY & JUNE 2023 100240 52160 $900.00
CHECK TOTAL $900.00
8755 6/13/2023 IMPROV 2 IMPROVEMENT SUMMER DAY CAMP STAFF TRAINING 100520 52500 $2,000.00
CHECK TOTAL $2,000.00
8756 6/13/2023 INTEGRUS LLC RICOH COPY CHARGES - 4/19/23-
5/18/23
100230 52100 $522.12
CHECK TOTAL $522.12
8757 6/13/2023 ITERIS INC CITYWIDE TRAFFIC SIGNAL TIMING - ON-
CALL APR 2023
207650 54410 $780.00
CHECK TOTAL $780.00
8758 6/13/2023 JERMAR 29:11 INC SUMMER DAY CAMP EXCURSION 100520 53520 $878.72
CHECK TOTAL $878.72
8759 6/13/2023 JOE A GONSALVES & SON INC PROFESSION SVCS - STATE LOBBYIST IN
JUN
100130 54900 $2,500.00
5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $2,500.00
8760 6/13/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - FEB 2023 201610 54200 $240.00
6/13/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - LAND DEV
ACCTS. - FEB 2023
100 22109 $150.00
6/13/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - MAR 2023 201610 54200 $60.00
6/13/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - LAND DEV - MAR
2023
100 22109 $60.00
6/13/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - LAND DEV - MAR
2023
100 22109 $210.00
6/13/2023 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - LAND DEV - MAR
2023
100 22109 $217.75
CHECK TOTAL $937.75
8761 6/13/2023 KENS HARDWARE MAINTENANCE (JAN - MAY) FY 22-23 238638 52320 $103.98
6/13/2023 KENS HARDWARE MAINTENANCE (JAN - MAY) FY 22-23 100430 51200 $199.82
6/13/2023 KENS HARDWARE MAINTENANCE (JAN - MAY) FY 22-23 100620 52320 $217.51
6/13/2023 KENS HARDWARE MAINTENANCE (JAN - MAY) FY 22-23 100510 51200 $267.18
6/13/2023 KENS HARDWARE MAINTENANCE (JAN - MAY) FY 22-23 100655 51250 $482.36
6/13/2023 KENS HARDWARE MAINTENANCE (JAN - MAY) FY 22-23 100630 52320 $1,313.23
CHECK TOTAL $2,584.08
8762 6/13/2023 KEVIN D JONES PS - SR-57/60 CONFLUENCE PROJ.
ADVOCACY - MAY 2023
100615 54400 $4,000.00
CHECK TOTAL $4,000.00
8763 6/13/2023 KIMBERLY DOWNEY ESMOND INSTRUCTOR PAYMENT - DANCE - WS 23 100520 55320 $1,517.25
CHECK TOTAL $1,517.25
8764 6/13/2023 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - APR 2023 100230 52314 $50.00
CHECK TOTAL $50.00
8765 6/13/2023 LIZA G MONTIEL SENIOR SERVICES DJ 22-23 100520 55310 $350.00
CHECK TOTAL $350.00
8766 6/13/2023 LOCAL AGENCY ENGINEERING
ASSOCIATES INC
PS - ENGR STAFF AUGMENTATION - MAY
2023
201610 54400 $370.00
6/13/2023 LOCAL AGENCY ENGINEERING
ASSOCIATES INC
PS - ENGR STAFF AUGMENTATION - MAY
2023
100615 54400 $925.00
5.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/13/2023 LOCAL AGENCY ENGINEERING
ASSOCIATES INC
PS - ENGR STAFF AUGMENTATION - MAY
2023
207650 54400 $3,515.00
CHECK TOTAL $4,810.00
8767 6/13/2023 LOOMIS COURIER SVCS - MAY 2023 100210 54900 $721.13
6/13/2023 LOOMIS COURIER SVCS - MAY 2023 100510 54900 $721.13
CHECK TOTAL $1,442.26
8768 6/13/2023 LOPEZ RAMIREZ ROOFING INC HOME IMP PROJECT-HIP293-21233
BRONCO
225440 54900 $18,750.00
CHECK TOTAL $18,750.00
8769 6/13/2023 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES - APR 2023 100610 54200 $6,002.48
CHECK TOTAL $6,002.48
8770 6/13/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF LAW ENF CAV
CHAPEL 03/2023
100310 55402 $10,670.17
6/13/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF LAW ENF.
HELICOPTER 01-2023
100310 55402 $685.88
6/13/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF LAW ENF.
HELICOPTER 02-2023
100310 55402 $734.88
6/13/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF GEN LAW ENF. SVCS
04-2023
100310 55400 $606,209.58
6/13/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF LAW ENF. CAV
CHAPEL 04-2023
100310 55402 $10,573.86
CHECK TOTAL $628,874.37
8771 6/13/2023 LOS ANGELES UNIFIED SCHOOL
DISTRICT
BILINGUAL EXAM FEES 100220 54900 $360.00
CHECK TOTAL $360.00
8772 6/13/2023 LOWE'S BUSINESS ACCOUNT SMALL TOOLS & EQUIPMENT (ROAD
MAINT) FY 22-23
100655 51300 $102.61
CHECK TOTAL $102.61
8773 6/13/2023 MARK SHANNON ANNUAL FIRE EXTINGUISHER MAINT
(DBC) FY 22-23
100510 52310 $205.86
6/13/2023 MARK SHANNON FIRE EXTINGUISHER MAINT (CITY
HALL&CARS) FY 22-23
100630 52320 $161.29
6/13/2023 MARK SHANNON FIRE EXTINGUISHER MAINT (CITY
HALL&CARS) FY 22-23
100620 52320 $367.05
6/13/2023 MARK SHANNON FIRE EXTINGUISHER MAINT (CITY
HALL&CARS) FY 22-23
502630 52312 $857.40
5.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,591.60
8774 6/13/2023 METROLINK METROLINK PASSES - FEBRUARY 2023 206650 55610 $1,010.10
6/13/2023 METROLINK METROLINK PASSES - FEBRUARY 2023 206650 55620 $4,040.40
6/13/2023 METROLINK METROLINK PASSES - JANUARY 2023 206650 55610 $977.16
6/13/2023 METROLINK METROLINK PASSES - JANUARY 2023 206650 55620 $3,908.62
CHECK TOTAL $9,936.28
8775 6/13/2023 METROLINK METROLINK PASSES - MAY 2023 206650 55610 $1,069.60
6/13/2023 METROLINK METROLINK PASSES - MAY 2023 206650 55620 $4,278.40
CHECK TOTAL $5,348.00
8776 6/13/2023 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL CONSULTANT-
APRIL 2023 INVOICE
301630 56104 $644.00
6/13/2023 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL CONSULTANT-
APRIL 2023 INVOICE
301630 56104 $6,264.30
CHECK TOTAL $6,908.30
8777 6/13/2023 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY
PREPAREDNESS IN JUN
100350 52300 $78.75
CHECK TOTAL $78.75
8778 6/13/2023 MT CALVARY LUTHERAN
SCHOOL
GYM RENTAL FOR YOUTH SOCCER 100520 52302 $4,875.00
CHECK TOTAL $4,875.00
8779 6/13/2023 MV CHENG & ASSOCIATES INC CONSULTANT SVCS - FINANCE DEPT
MAY 2023
100210 54900 $3,315.00
CHECK TOTAL $3,315.00
8780 6/13/2023 NEOGOV ONLINE TRAINING 100220 54900 $1,950.00
CHECK TOTAL $1,950.00
8781 6/13/2023 NICHOLS CONSULTING
ENGINEERS, CHTD
AREA 3-4-5 REHAB/ADA CURB RAMP
PROJ - THRU 5/12/23
301610 56101 $18,089.25
CHECK TOTAL $18,089.25
8782 6/13/2023 NORTH AMERICAN YOUTH
ACTIVITIES LLC
CONTRACT CLASS - SOCCER
INSTRUCTOR
100520 55320 $2,100.00
CHECK TOTAL $2,100.00
8783 6/13/2023 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $810.00
5.2.b
Packet Pg. 32
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $810.00
8784 6/13/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2023 100240 51200 ($70.73)
6/13/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2023 100220 51200 $56.66
6/13/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2023 100510 51200 $151.91
6/13/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2023 100610 51200 $163.32
6/13/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2023 100520 51200 $233.57
6/13/2023 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2023 100140 51200 $1,461.53
CHECK TOTAL $1,996.26
8785 6/13/2023 ONE TIME PAY VENDOR ABARI ORTHODONTICS
DENTAL OFFICE INC
FACILITY DEPOSIT REFUND 100 20202 $500.00
CHECK TOTAL $500.00
8786 6/13/2023 ONE TIME PAY VENDOR AKSHAY SHAH FACILITY DEPOSIT REFUND 100 20202 $1,150.00
6/13/2023 ONE TIME PAY VENDOR AKSHAY SHAH FACILITY DEPOSIT REFUND 100 20202 $500.00
CHECK TOTAL $1,650.00
8788 6/13/2023 ONE TIME PAY VENDOR ALEJANDRA PEREZ
MATUS
FACILITY DEPOSIT REFUND 100 20202 $98.00
CHECK TOTAL $98.00
8789 6/13/2023 ONE TIME PAY VENDOR AMOR POLLARD FACILITY REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8790 6/13/2023 ONE TIME PAY VENDOR CARMINA BUDDHY FACILITY REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8791 6/13/2023 ONE TIME PAY VENDOR CHRISTINE GRUENBERG FACILITY REFUND 100 20202 $452.20
CHECK TOTAL $452.20
8792 6/13/2023 ONE TIME PAY VENDOR DESIREE CRUZ FACILITY DEPOSIT REFUND 100 20202 $1,000.00
CHECK TOTAL $1,000.00
8793 6/13/2023 ONE TIME PAY VENDOR ELIZABETH LONDON FACILITY DEPOSIT REFUND 100 20202 $700.00
CHECK TOTAL $700.00
8794 6/13/2023 ONE TIME PAY VENDOR ESTHER SEO FACILITY REFUND 100 20202 $100.00
CHECK TOTAL $100.00
5.2.b
Packet Pg. 33
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8795 6/13/2023 ONE TIME PAY VENDOR EVERGREEN
ELEMENTARY SCHOOL
FACILITY REFUND 100 20202 $300.00
CHECK TOTAL $300.00
8796 6/13/2023 ONE TIME PAY VENDOR FANG WANG DAY CAMP REFUND 100 20202 $1,467.00
CHECK TOTAL $1,467.00
8797 6/13/2023 ONE TIME PAY VENDOR JAYNE WATANABE DAY CAMP REFUND 100 20202 $555.00
CHECK TOTAL $555.00
8798 6/13/2023 ONE TIME PAY VENDOR JENNIFER HUANG RECREATION CLASS REFUND 100 20202 $85.00
CHECK TOTAL $85.00
8799 6/13/2023 ONE TIME PAY VENDOR LANDMARK CHRISTIAN
CHURCH
FACILITY REFUND 100 20202 $100.00
CHECK TOTAL $100.00
8800 6/13/2023 ONE TIME PAY VENDOR LUZ ZAMBRANO FACILITY REFUND 100 20202 $100.00
CHECK TOTAL $100.00
8801 6/13/2023 ONE TIME PAY VENDOR PAYAL VITHA FACILITY REFUND 100 20202 $409.75
CHECK TOTAL $409.75
8802 6/13/2023 ONE TIME PAY VENDOR PERLIN LAU FACILITY REFUND 100 20202 $300.00
CHECK TOTAL $300.00
8803 6/13/2023 ONE TIME PAY VENDOR ROSE MELCHOR FACILITY DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
8804 6/13/2023 ONE TIME PAY VENDOR SHIRLEY LOI FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8805 6/13/2023 ONE TIME PAY VENDOR WALNUT VALLEY UNIFIED
SCHOOL DISTRICT
FACILITY DEPOSIT REFUND 100 20202 $792.00
CHECK TOTAL $792.00
8806 6/13/2023 ONE TIME PAY VENDOR WARNISHA GREEN FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8807 6/13/2023 ONE TIME PAY VENDOR A1 CONTRACTING 21604 GLEN PEAK CD DEPOSIT 100 22105 $250.00
CHECK TOTAL $250.00
8808 6/13/2023 ONE TIME PAY VENDOR ASHVIN PATEL 626 BIG FALLS DEPOSIT REFUND 100 22105 $250.00
5.2.b
Packet Pg. 34
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $250.00
8809 6/13/2023 ONE TIME PAY VENDOR CALVIN HILL PERMIT REFUND-PR2023-455 100 48020 $19.51
6/13/2023 ONE TIME PAY VENDOR CALVIN HILL PERMIT REFUND-PR2023-455 100 48020 $37.16
6/13/2023 ONE TIME PAY VENDOR CALVIN HILL PERMIT REFUND-PR2023-455 100 48020 $535.55
6/13/2023 ONE TIME PAY VENDOR CALVIN HILL PERMIT REFUND-PR2023-455 100 48010 $630.06
CHECK TOTAL $1,222.28
8810 6/13/2023 ONE TIME PAY VENDOR DIAMOND BAR
EVERGREEN CLUB
SENIOR CLUB INSURANCE
REIMBURSEMENT
225440 54900 $696.47
CHECK TOTAL $696.47
8811 6/13/2023 ONE TIME PAY VENDOR RUTH LOW SCAG CONF REIMB 5/3/-5/6/2023 100110 52415 $239.41
CHECK TOTAL $239.41
8812 6/13/2023 ONE TIME PAY VENDOR RYAN MCLEAN CCCA ANNL CONF REIMB 5/18-
5/21/2023
100130 52415 $89.21
CHECK TOTAL $89.21
8813 6/13/2023 ONE TIME PAY VENDOR SUNSHINE ROOFING 2682 SHADOW CANYON ROAD
DEPOSIT
100 22105 $250.00
CHECK TOTAL $250.00
8814 6/13/2023 PAPER RECYCLING &
SHREDDING
CITY HALL PAPER SHREDDING
CONSOLES MAY 23
250170 55000 $95.00
6/13/2023 PAPER RECYCLING &
SHREDDING
CITY HALL PAPER SHREDDING
CONSOLES (S)
250170 55000 $95.00
CHECK TOTAL $190.00
8815 6/13/2023 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINT CITY PARKS (MAY)
FY 22-23
100510 55505 $5,865.00
6/13/2023 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINT CITY PARKS (MAY)
FY 22-23
100630 55505 $27,411.00
CHECK TOTAL $33,276.00
8816 6/13/2023 PROTECTION ONE INC BURGLAR ALARM (DBC) FY 22-23 100510 52310 $203.22
CHECK TOTAL $203.22
8817 6/13/2023 QUINN RENTAL SERVICES EQUIPMENT RENTAL (DBC) FY 22-23 100510 52300 $1,008.56
CHECK TOTAL $1,008.56
8818 6/13/2023 RAYMOND TARAZON BUILDING MAINTENANCE (RONALD
REAGAN) FY 22-23
100630 52320 $600.00
5.2.b
Packet Pg. 35
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $600.00
8819 6/13/2023 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MAY 2023 206650 55610 $763.86
6/13/2023 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MAY 2023 206650 55620 $3,055.44
CHECK TOTAL $3,819.30
8820 6/13/2023 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES-APRIL
2023
100420 55100 $54,227.44
CHECK TOTAL $54,227.44
8821 6/13/2023 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
VMT MITIGATION FEE STRUCTURE PROG
- 5.22.23
203615 54410 $5,000.00
6/13/2023 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
SGV VMT ANALYSIS MODEL - 5.30.23 203615 54410 $14,000.00
CHECK TOTAL $19,000.00
8822 6/13/2023 SCHAFER CONSULTING CONSULTING SERVICES FOR ERP
PROJECT - APR 2023
503230 56135 $620.00
CHECK TOTAL $620.00
8823 6/13/2023 SKATE EXPRESS INC SUMMER DAY CAMP EXCURSION 100520 53520 $1,137.50
CHECK TOTAL $1,137.50
8824 6/13/2023 SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
AQMD FEE (DBC) FY 22-23 100510 52320 $153.23
CHECK TOTAL $153.23
8825 6/13/2023 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK -
JUNE 2023
100230 54030 $278.93
6/13/2023 SPECTRUM BUSINESS CABLE TV SERVICE - DBC - MAY 2023 100230 54030 $127.15
6/13/2023 SPECTRUM BUSINESS SUMMARY BILL - CABLE/INTERNET CITY
HALL - MAY 2023
100230 54030 $1,727.81
CHECK TOTAL $2,133.89
8826 6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
239 21107 $2.07
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
241 21107 $2.07
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
238 21107 $3.40
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
225 21107 $3.83
5.2.b
Packet Pg. 36
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
239 21113 $7.84
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
241 21113 $7.84
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
225 21113 $8.62
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
207 21107 $9.21
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
238 21113 $13.29
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
201 21113 $17.68
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
206 21107 $17.77
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
201 21107 $25.36
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
207 21113 $30.65
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
206 21113 $33.52
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
250 21107 $47.07
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
250 21113 $87.32
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
100 21107 $1,548.69
6/13/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP/LTD/STD INSURANCE
PREMIUM JUNE 2023
100 21113 $2,243.70
CHECK TOTAL $4,109.93
8827 6/13/2023 STAY GREEN INC LANDSCAPE MAINT CITY HALL (MAY) FY
22-23
100620 52320 $1,116.00
CHECK TOTAL $1,116.00
8828 6/13/2023 STUMP FENCE CO FENCE INSTALLATION (DIAMOND
CANYON PARK) FY 22-23
100620 52320 $20,800.00
CHECK TOTAL $20,800.00
8829 6/13/2023 SUPREME EVENT SERVICES SENIOR DANCE CATERING 22-23 100520 55310 $1,923.34
CHECK TOTAL $1,923.34
8830 6/13/2023 TASC FSA FEES 100220 52515 $125.25
5.2.b
Packet Pg. 37
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $125.25
8831 6/13/2023 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $7,626.22
CHECK TOTAL $7,626.22
8832 6/13/2023 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $1,631.70
CHECK TOTAL $1,631.70
8833 6/13/2023 THE COMDYN GROUP INC GIS SUPPORT - 3/25/23-5/5/23 100230 54900 $4,289.22
CHECK TOTAL $4,289.22
8834 6/13/2023 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-PC MTG 5/9/23-22432
FALCONBURN
100 22107 $655.76
CHECK TOTAL $655.76
8835 6/13/2023 THE SAUCE CREATIVE SERVICES
INC
FLYERS & BANNERS FOR CONCERTS IN
THE PARK
100520 52110 $1,068.13
CHECK TOTAL $1,068.13
8836 6/13/2023 THE TAIT GROUP INC PS - ENGR/VARIOUS TRAFFIC-RELATED
PROJ - MAY 2023
100615 54410 $1,000.00
CHECK TOTAL $1,000.00
8837 6/13/2023 ULINE INC EMERGENCY SUPPLIES FY2022-23 100350 51200 $530.60
CHECK TOTAL $530.60
8838 6/13/2023 US BANK CALCARD STATEMENT-MAY 2023 999 28100 $22,578.89
CHECK TOTAL $22,578.89
8839 6/13/2023 VERIZON WIRELESS WIRELESS PHONE SERVICE - 4/17/23-
5/16/23
100230 52200 $2,631.85
CHECK TOTAL $2,631.85
8840 6/13/2023 VIDIFLO LLC CABLE CHANNEL AV SUPPORT 100240 54900 $220.00
CHECK TOTAL $220.00
8841 6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 239 21108 $6.74
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 241 21108 $6.74
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 225 21108 $6.92
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 238 21108 $12.29
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 201 21108 $12.95
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 207 21108 $31.24
5.2.b
Packet Pg. 38
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 206 21108 $35.63
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 250 21108 $52.18
6/13/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2023 100 21108 $1,847.54
CHECK TOTAL $2,012.23
8842 6/13/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $313.12
6/13/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $348.01
6/13/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) FY 22-
23
100620 51200 $769.02
6/13/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) FY 22-
23
100620 51200 $3,232.59
6/13/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) FY 22-
23
100630 51200 $43.18
CHECK TOTAL $4,705.92
8843 6/13/2023 WEST COAST ARBORISTS INC CITYWIDE TREE MAINT (05.01.23 -
05.15.23) FY 22-23
100645 55522 $6,548.20
CHECK TOTAL $6,548.20
8844 6/13/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGA FEES - COMM. DEV. APRIL 2023 100 22107 $619.20
6/13/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGA FEES - COMM. DEV. APRIL 2023 100 22107 $774.00
6/13/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGA FEES - COMM. DEV. APRIL 2023 100120 54020 $2,657.40
CHECK TOTAL $4,050.60
8845 6/13/2023 YUNEX LLC TS MAINT/REPAIR - DBB/MTN LAUREL 207650 55536 $1,895.00
6/13/2023 YUNEX LLC TS MAINT - CALL OUTS - APR 2023 207650 55536 $7,052.44
CHECK TOTAL $8,947.44
GRAND TOTAL $1,500,192.04
5.2.b
Packet Pg. 39
Agenda #: 5.3
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the May 2023 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
5.3
Packet Pg. 40
REVIEWED BY:
Attachments:
1. 5.3.a Treasurer's Cash Report - May 2023
2. 5.3.b Treasurer's Certification and Portfolio Report - May 2023
5.3
Packet Pg. 41
TOTAL CASH BALANCES
Cash Funds
General Account $2,390,239.07
Payroll Account $0.00
Change Fund - General Fund $2,000.00
Change Fund - Prop A Fund $300.00
Petty Cash Account $500.00
Parking Account Minimum $250.00
Cash With Fiscal Agent (US Bank 2021 Bonds)$590,601.30
Total Cash Funds $2,983,890.37
Investment Funds (Book Value):
Local Agency Investment Fund $9,444,806.18
City Managed Fixed-Income Securities (0-5 year maturity) $64,642,770.52
Total Investment Funds (City Funds & LAIF)$74,087,576.70
Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)2.85%
FY 2022-23 Budgeted Interest Earnings (City Funds & LAIF)$817,200.00
Fiscal Year-To-Date Interest Earnings (City Funds & LAIF)$1,714,605.67
Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $633,467.42
Annualized rate of return as of 3/31/2023 (since 2016)2.92%
Fiscal Year-To-Date Effective Rate of Return -0.44%
OPEB Trust Fiscal Year-To-Date Interest Earnings ($2,384.58)
Total Cash and Investments $77,704,934.49
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF May 31, 2023
5.3.a
Packet Pg. 42
INVESTMENTS BOOK VALUE
PERCENT OF
PORTFOLIO TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD $7,207,000.00 9.73%1,323 1,050 3.645
Local Agency Investment Fund $9,444,806.18 12.75%1 1 2.993
Corporate Notes $944,740.25 1.28%1,667 773 3.945
Federal Agency Coupon Securities $11,972,812.22 16.16%963 667 3.745
Federal Agency Discount-Amortizing $14,131,821.51 19.07%140 61 4.994
Treasury Coupon Securities $12,928,581.69 17.45%1,060 684 2.770
Federal Agency Callable $8,997,856.98 12.14%1,512 524 2.386
Certificates of Deposit-Banks $3,958,579.25 5.34%1,523 827 2.146
Municipal Bonds $2,001,378.62 2.70%1,565 1,198 3.665
Money Market Fund $2,500,000.00 3.37%1 1 4.760
Total Investments and Averages $74,087,576.70 100.00%825 491 3.492
TOTAL INTEREST EARNED
I certify that this report accurately reflects all City pooled investments
Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar
City Treasurer approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
$205,407.61 $1,714,605.67
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
May 31, 2023
MONTH ENDING FISCAL YEAR-TO-DATE
May 31, 2023 2022-23
5.3.b
Packet Pg. 43
City of Diamond Bar
Portfolio Management
May 31, 2023
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value
Days to
MaturityTerm
YTM/C
Federal Credit Union CD 7,207,000.00 1,3239.73 3.6451,0507,141,725.467,207,000.00
Local Agency Investment Funds 9,444,806.18 112.75 2.99319,323,208.219,444,806.18
Corporate Notes 944,740.25 1,6671.28 3.945773939,709.631,000,000.00
Federal Agency Coupon Securities 11,972,812.22 96316.16 3.74566711,971,169.7212,000,000.00
Federal Agency Disc. -Amortizing 14,131,821.51 14019.07 4.9946114,131,821.5114,250,000.00
Treasury Coupon Securities 12,928,581.69 1,06017.45 2.77068412,755,893.3513,000,000.00
Federal Agency Callable 8,997,856.98 1,51212.14 2.3865248,636,023.009,000,000.00
Certificate of Deposit 3,958,579.25 1,5235.34 2.1468273,816,303.493,959,000.00
Municipal Bonds 2,001,378.62 1,5652.70 3.6651,1981,966,682.472,145,000.00
Money Market Fund 2,500,000.00 13.37 4.76012,500,000.002,500,000.00
74,087,576.70 100.00%Investments 73,182,536.8474,505,806.18 825 491 3.492
Current Year
May 31
205,407.61
Fiscal Year To Date
1,714,605.67
Average Daily Balance
Effective Rate of Return
70,948,621.24 65,528,837.98
2.85%3.41%
Total Earnings Month Ending
__________________________________________________ ____________________
Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 05/01/2023-05/31/2023
Run Date: 06/13/2023 - 10:32 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
06/03/2023
5.3.b
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Days to
Maturity
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Credit Union CD
1,294America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 227,139.23 1,82606251A3K4 1.350
1,742Alaska USA FCU10547 249,000.00 249,000.00 03/08/20284.60003/08/2023 249,000.00 1,827011852AE0 4.600
718American Express Bank10419 246,000.00 246,000.00 05/19/20253.10005/18/2022 244,052.66 1,09702589ACS9 3.100
606A+ FEDERAL CU10528 249,000.00 249,000.00 01/27/20254.70001/27/2023 249,000.00 73100224TAL0 4.700
417Apple Bank For Savings10443 248,000.00 248,000.00 07/22/20243.20007/22/2022 248,000.00 73103784JTK0 3.200
1,573AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 249,000.00 1,826052392BT3 3.800
417Baxter Credit Union10444 248,000.00 248,000.00 07/22/20243.15007/22/2022 248,000.00 73107181JAG9 3.150
1,517Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 248,000.00 1,82614042THZ3 3.500
866CHIEF FINANCIAL FCU10502 249,000.00 249,000.00 10/14/20254.60010/12/2022 249,000.00 1,09816863LAE5 4.600
977COCA-COLA FCU10529 249,000.00 249,000.00 02/02/20264.60001/31/2023 249,000.00 1,09819123RAA0 4.600
971Community Commerce Bank10440 248,000.00 248,000.00 01/27/20263.05007/27/2022 248,000.00 1,28020367GBD0 3.050
817Connexus CU10474 248,000.00 248,000.00 08/26/20253.50008/26/2022 248,000.00 1,09620825WBC3 3.500
1,001GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 224,875.74 1,82639573LAV0 0.650
1,208HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 249,000.00 1,46142228LAH4 3.600
1,341State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 230,670.75 1,827856285E98 1.750
1,582JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 249,000.00 1,826472207AE9 3.800
971LIBERTY FIRST CU10530 249,000.00 249,000.00 01/27/20264.50001/27/2023 249,000.00 1,096530520AC9 4.500
1,567LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 249,000.00 1,82655026MAE5 3.400
1,016MID CAROLINA CU10549 249,000.00 249,000.00 03/13/20264.85003/13/2023 249,000.00 1,09659524LAA4 4.850
767Sallie Mae Bank10461 248,000.00 248,000.00 07/07/20253.40007/06/2022 248,000.00 1,097795451BQ5 3.400
1,026TECHNOLOGY CU10551 249,000.00 249,000.00 03/23/20265.00003/23/2023 249,000.00 1,09687868YAL7 5.000
1,512Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 248,000.00 1,82689235MNT4 3.400
848UNIVERSITY CREDIT UNION10492 249,000.00 249,000.00 09/26/20254.00009/26/2022 249,000.00 1,096914242AA0 4.000
729US ALLIANCE FED CREDIT UNION10424 249,000.00 249,000.00 05/30/20253.10005/31/2022 246,987.08 1,09590352RCM5 3.100
837USF FCU10550 249,000.00 249,000.00 09/15/20255.05003/15/2023 249,000.00 91590353EBC6 5.050
421Utah Community Fed Cr Union10454 248,000.00 248,000.00 07/26/20243.15007/27/2022 248,000.00 730917352AA4 3.150
1,582BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,000.00 1,82606543PDA0 4.100
1,231VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,000.00 1,46191823MBE4 4.250
876VERIDIAN CU10500 249,000.00 249,000.00 10/24/20254.50010/24/2022 249,000.00 1,09692348DAA7 4.500
7,207,000.00 1,3237,141,725.467,207,000.007,207,000.00Subtotal and Average 1,050 3.645
Local Agency Investment Funds
1Local Agency Investment Fund10028 9,444,806.18 9,444,806.18 2.9939,323,208.21 1LAIF 2.993
9,444,806.18 19,323,208.219,444,806.189,057,709.41Subtotal and Average 1 2.993
Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 45
Days to
Maturity
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Corporate Notes
1,482Bank of America Corp.10515 500,000.00 446,065.13 06/22/20272.00012/27/2022 446,065.13 1,63806048WR36 5.000
139Toyota MTR Credit Corp10223 500,000.00 498,675.12 10/18/20232.25002/28/2019 493,644.50 1,69389236TDK8 3.001
944,740.25 1,667939,709.631,000,000.00944,086.53Subtotal and Average 773 3.945
Federal Agency Coupon Securities
40Federal Farm Credit Bank10446 500,000.00 499,934.33 07/11/20233.00007/18/2022 499,934.33 3583133ENA83 3.120
750Federal Farm Credit Bank10458 500,000.00 501,930.19 06/20/20253.37507/11/2022 501,930.19 1,0753133ENZG8 3.176
631Federal Farm Credit Bank10543 500,000.00 498,463.10 02/21/20254.75003/01/2023 498,463.10 7233133EPBH7 4.939
1,644Federal Farm Credit Bank10545 1,000,000.00 994,325.26 12/01/20274.12503/01/2023 994,325.26 1,7363133EPCG8 4.267
272Federal Home Loan Bank10416 2,000,000.00 1,996,845.60 02/28/20242.12503/29/2022 1,974,200.00 7013130ARHG9 2.344
1,471Federal Home Loan Bank10432 1,000,000.00 999,264.90 06/11/20273.50006/16/2022 1,020,268.00 1,8213130ASGU7 3.520
1,107Federal Home Loan Bank10447 1,000,000.00 1,006,605.06 06/12/20263.37507/18/2022 1,006,605.06 1,4253130ASJ59 3.141
393Federal Home Loan Bank10460 1,000,000.00 996,375.28 06/28/20242.75007/08/2022 996,375.28 7213130ASDS5 3.099
1Federal Home Loan Bank10479 1,000,000.00 999,894.06 06/02/20230.12509/21/2022 999,894.06 2543130AMRY0 4.031
470Federal Home Loan Bank10483 750,000.00 744,488.16 09/13/20243.50009/22/2022 744,488.16 7223130AT6G7 4.100
470Federal Home Loan Bank10533 750,000.00 748,317.53 09/13/20244.87502/22/2023 748,317.53 5693130ATVD6 5.058
265Federal Home Loan Bank10534 500,000.00 499,641.50 02/21/20245.00002/22/2023 499,641.50 3643130AV2E1 5.103
1,016Federal Home Loan Bank10537 500,000.00 496,854.12 03/13/20264.37502/27/2023 496,854.12 1,110313373B68 4.619
111Federal Home Loan Mtg Corp10542 500,000.00 500,000.00 03/20/20265.82003/20/2023 500,000.00 1,0963134GYMT6 5.820
1,470INTER-AMERICAN DEV. BANK10498 500,000.00 489,873.13 06/10/20272.98009/13/2022 489,873.13 1,73145818WED4 3.902
11,972,812.22 96311,971,169.7212,000,000.0011,970,656.04Subtotal and Average 667 3.745
Federal Agency Disc. -Amortizing
15Federal Home Loan Bank10510 1,000,000.00 998,104.17 06/16/20234.55012/20/2022 998,104.17 178313384GY9 4.719
39Federal Home Loan Bank10511 1,000,000.00 994,962.50 07/10/20234.65012/07/2022 994,962.50 215313384HY8 4.832
116Federal Home Loan Bank10526 750,000.00 738,702.08 09/25/20234.67501/23/2023 738,702.08 245313384MD8 4.865
34Federal Home Loan Bank10532 1,500,000.00 1,493,341.67 07/05/20234.70001/31/2023 1,493,341.67 155313384HT9 4.864
172Federal Home Loan Bank10535 1,000,000.00 976,302.22 11/20/20234.96002/24/2023 976,302.22 269313384PM5 5.179
102Federal Home Loan Bank10536 1,000,000.00 986,088.33 09/11/20234.91002/24/2023 986,088.33 199313384LP2 5.106
77Federal Home Loan Bank10538 1,000,000.00 989,519.44 08/17/20234.90002/28/2023 989,519.44 170313384KN8 5.086
21Federal Home Loan Bank10540 1,000,000.00 997,095.00 06/22/20234.98003/10/2023 997,095.00 104313384HE2 5.123
26Federal Home Loan Bank10552 2,000,000.00 1,993,016.11 06/27/20234.83504/28/2023 1,993,016.11 60313384HK8 4.942
54Federal Home Loan Bank10553 1,000,000.00 992,635.00 07/25/20234.91005/04/2023 992,635.00 82313384JP5 5.034
82Federal Home Loan Bank10554 1,000,000.00 988,793.33 08/22/20234.92005/05/2023 988,793.33 109313384KT5 5.064
54Federal Home Loan Bank10556 1,000,000.00 992,530.00 07/25/20234.98005/22/2023 992,530.00 64313384JP5 5.094
67Federal Home Loan Bank10557 1,000,000.00 990,731.66 08/07/20234.98005/22/2023 990,731.66 77313384KC2 5.104
Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
5.3.b
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Days to
Maturity
Page 3
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
14,131,821.51 14014,131,821.5114,250,000.0013,572,164.29Subtotal and Average 61 4.994
Treasury Coupon Securities
1,309U.S. Treasury10403 1,000,000.00 996,295.54 12/31/20261.25001/04/2022 925,664.00 1,82291282CDQ1 1.357
653U.S. Treasury10415 3,000,000.00 2,972,173.30 03/15/20251.75003/22/2022 2,903,439.00 1,08991282CED9 2.290
349U.S. Treasury10417 2,000,000.00 1,995,933.75 05/15/20242.50004/25/2022 1,983,672.00 751912828WJ5 2.720
426U.S. Treasury10434 1,000,000.00 988,962.85 07/31/20241.75006/08/2022 975,742.00 784912828Y87 2.730
395U.S. Treasury10435 1,000,000.00 984,714.90 06/30/20241.75006/14/2022 976,875.00 7479128286Z8 3.222
1,490U.S. Treasury10436 1,000,000.00 1,008,865.38 06/30/20273.25007/14/2022 1,008,865.38 1,81291282CEW7 3.014
883U.S. Treasury10445 1,000,000.00 997,128.04 10/31/20253.00007/18/2022 997,128.04 1,2019128285J5 3.125
852U.S. Treasury10456 1,000,000.00 996,493.73 09/30/20253.00007/11/2022 996,493.73 1,1779128285C0 3.158
745U.S. Treasury10459 1,000,000.00 996,582.67 06/15/20252.87507/08/2022 996,582.67 1,07391282CEU1 3.051
121U.S. Treasury10482 1,000,000.00 991,431.53 09/30/20231.37509/21/2022 991,431.53 374912828T26 4.039
12,928,581.69 1,06012,755,893.3513,000,000.0012,925,603.91Subtotal and Average 684 2.770
Federal Agency Callable
1,006Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 463,515.50 1,8263133EMSH6 0.790
683Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 468,659.00 1,4613133EMVS8 0.690
224Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 933,642.00 1,8263133ENKG4 1.470
1,335Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,417,582.50 1,8263133ENMA5 1.840
1,544Federal Farm Credit Bank10475 500,000.00 500,000.00 08/23/20274.03008/23/2022 500,000.00 1,8263133ENH52 4.030
84Federal Home Loan Bank10254 500,000.00 499,590.42 02/24/20260.62502/24/2021 460,993.50 1,8263130AL7M0 0.686
57Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,398,064.50 1,8263130AQKJ1 1.700
267Federal Home Loan Bank10428 1,000,000.00 1,000,000.00 02/23/20243.00005/23/2022 994,442.00 6413130ARYU9 3.000
578Federal Home Loan Bank10513 750,000.00 750,000.00 12/30/20274.55012/30/2022 750,000.00 1,8263130AUDL5 4.550
27Federal Home Loan Mtg Corp10433 750,000.00 748,266.56 06/28/20243.12506/28/2022 749,124.00 7313134GXYM0 3.567
55Federal Home Loan Mtg Corp10527 500,000.00 500,000.00 07/26/20245.02001/26/2023 500,000.00 5473134GYE57 5.020
8,997,856.98 1,5128,636,023.009,000,000.008,997,788.28Subtotal and Average 524 2.386
Certificate of Deposit
1,008BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 224,768.35 1,826066519QK8 0.000
718Capital One Bank10429 248,000.00 248,000.00 05/19/20253.10005/18/2022 246,036.83 1,09714042RRH6 3.100
1,448Cy Fair FCU10555 249,000.00 249,000.00 05/19/20274.35005/19/2023 249,000.00 1,46123288UAA5 4.355
732Discover Bank10431 246,000.00 246,000.00 06/02/20253.10006/01/2022 244,005.19 1,097254673F68 3.100
302Deleware Police Fed Credit Uni10451 246,000.00 245,579.25 03/29/20243.00007/20/2022 245,579.25 618246399AB5 3.210
433EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 241,213.04 1,82729278TKJ8 2.152
1,195Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 225,703.81 1,82638149MZJ5 1.051
Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
5.3.b
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Days to
Maturity
Page 4
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Certificate of Deposit
362JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 231,727.23 1,82648128UDS5 1.001
768Meritrust Fed CU10457 248,000.00 248,000.00 07/08/20253.35007/08/2022 248,000.00 1,09659001PAS8 3.350
336Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 243,893.01 1,82761760AZR3 2.753
1,026Pentagon Federal Credit Union10414 248,000.00 248,000.00 03/23/20261.80003/22/2022 234,447.30 1,46270962LBH4 1.800
1,014Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 225,981.94 1,82670320KAX9 0.000
449Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 240,310.01 1,82775472RAE1 2.002
719Synchrony Bank10430 248,000.00 248,000.00 05/20/20253.10005/20/2022 246,033.11 1,09687165GR79 3.100
1,517Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 245,000.00 1,82688413QDM7 3.402
1,196UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 224,604.42 1,82690348JS92 0.000
3,958,579.25 1,5233,816,303.493,959,000.003,805,945.45Subtotal and Average 827 2.146
Municipal Bonds
366CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 189,923.60 1,30513032UXL7 0.752
731CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 231,621.25 1,67013032UXM5 0.952
519California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 93,759.00 1,50613077DMK5 0.685
1,157LOS ANGELES CA CMNTY CLG DIST10523 365,000.00 327,877.80 08/01/20261.17401/05/2023 327,877.80 1,30454438CYL0 4.700
1,522POWAY UNIFIED SCHOOL DIST10522 1,230,000.00 1,123,500.82 08/01/20272.41401/04/2023 1,123,500.82 1,670738850TA4 4.750
2,001,378.62 1,5651,966,682.472,145,000.001,999,925.40Subtotal and Average 1,198 3.665
Wells Fargo Sweep Account
1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010
0.00 00.000.000.00Subtotal and Average 0 0.000
Money Market Fund
1State Street Advisors10562 2,500,000.00 2,500,000.00 4.76005/31/2023 2,500,000.00 1857492888 4.760
1Western Asset10561 0.00 0.00 5.15005/25/2023 0.00 152470G882 5.150
2,500,000.00 12,500,000.002,500,000.00467,741.94Subtotal and Average 1 4.760
82570,948,621.24 74,505,806.18 491 3.49273,182,536.84 74,087,576.70Total and Average
Portfolio POOL
AP
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Days to
Maturity
Page 5
Par Value Book Value
Stated
RateMarket Value
May 31, 2023
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
0.00
82570,948,621.24 74,505,806.18 491 3.492
0 0Average Balance
73,182,536.84 74,087,576.70Total Cash and Investments
Portfolio POOL
AP
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Page 1
Stated
Rate
Transaction
Date
May 1, 2023 through May 31, 2023
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Federal Credit Union CD
7,207,000.00Subtotal
Local Agency Investment Funds (Monthly Summary)
Local Agency Investment Fund10028 2,000,000.002.993 1,000,000.00LAIF
1,000,000.00 9,444,806.18Subtotal2,000,000.00
Corporate Notes
944,740.25Subtotal
Federal Agency Coupon Securities
11,972,812.22Subtotal
Federal Agency Disc. -Amortizing
Federal Home Loan Bank10508 0.004.535 05/10/2023 2,000,000.00313384FK0 **
Federal Home Loan Bank10524 0.004.625 05/17/2023 750,000.00313384FS3 **
Federal Home Loan Bank10539 0.004.730 05/01/2023 2,000,000.00313384FA2 **
Federal Home Loan Bank10553 988,816.114.910 05/04/2023 0.00313384JP5
Federal Home Loan Bank10554 985,103.334.920 05/05/2023 0.00313384KT5
Federal Home Loan Bank10556 991,146.674.980 05/22/2023 0.00313384JP5
Federal Home Loan Bank10557 989,348.334.980 05/22/2023 0.00313384KC2
4,750,000.00 14,131,821.51Subtotal3,954,414.44
Treasury Coupon Securities
12,928,581.69Subtotal
Federal Agency Callable
8,997,856.98Subtotal
Certificate of Deposit
Cy Fair FCU10555 249,000.004.350 05/19/2023 0.0023288UAA5
0.00 3,958,579.25Subtotal249,000.00
Municipal Bonds
2,001,378.62Subtotal
Portfolio POOL
AP
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** - Indicates incomplete recording of maturity redemption.
Report Ver. 7.3.6.1
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Page 2
Stated
Rate
Transaction
Date
May 1, 2023 through May 31, 2023
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Wells Fargo Sweep Account
0.00Subtotal
Money Market Fund
State Street Advisors10562 2,500,000.014.760 0.01857492888
Western Asset10561 2,000,000.005.150 2,000,000.0052470G882
2,000,000.01 2,500,000.00Subtotal4,500,000.01
74,087,576.70Total7,750,000.0110,703,414.45
Portfolio POOL
AP
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Agenda #: 5.4
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY
ACCOUNTING STAFFING SERVICES THROUGH JANUARY 31, 2024.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Fifth Amendment to the
Consultant Services Agreement with M.V. Cheng & Associates, Inc.
FINANCIAL IMPACT:
The proposed Fifth Amendment would increase the total not-to-exceed compensation
under the Agreement by $45,000 for FY 2023-24. Sufficient funds are available in the
FY 2023/24 operating budget to cover the cost of these services.
BACKGROUND:
In addition to multiple external audits and ongoing financial reporting, there are many
complex and routine tasks that must be completed by the Finance Department on a
regular basis. The department is requesting on-going part-time support from contracted
temporary accounting staff to maintain timely reporting and assistance to internal
departments and external stakeholders through January 2024. The department is in the
final phases of transferring knowledge and responsibilities from contracted staff to
department staff, after which the agreement will be terminated.
The previous First Amendment to the Consulting Services Agreement (dated November
2, 2021) extended the not-to-exceed amount by $60,000 for a total of $105,000. The
Second Amendment (dated March 1, 2022) increased the not-to-exceed amount by
$80,000 for a total of $185,000 and amended the scope of services to include a
temporary Accounting Manager to assist the department after various retirements and
turnover. The Third Amendment (dated July 1, 2022) extended the term of the
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agreement through June 30, 2023. The Fourth Amendment (dated December 20, 2022)
increased the not-to-exceed amount by $36,000 for a total of amount of $221,000. The
proposed Fifth Amendment extends the term of the agreement through January 31,
2024, includes a negotiated 5.0% hourly rate increase for contracted Accounting
Manager services, and increases the not-to-exceed amount by $45,000 for a total of
$266,000.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a Fifth Amendment - MV Cheng & Associates, Incorporated
5.4
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Page 1 of 5
FIFTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Fifth Amendment to Consultant Services Agreement (“Fifth Amendment”) is made
and entered into as of June 20, 2023, by and between the City of Diamond Bar, a municipal
corporation (“City”), and MV Cheng & Associates, Incorporated, (herein referred to as the
“Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services
Agreement dated as of June 29, 2021, for temporary accounting and finance staffing services,
which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant entered into that certain First Amendment dated as
of November 2, 2021, which is incorporated herein by this reference (“First Amendment”); and
C. The City and Consultant entered into that certain Second Amendment dated as
of March 1, 2022, which is incorporated herein by this reference (“Second Amendment”); and
D. The City and Consultant entered into that certain Third Amendment dated July
1, 2022, which is incorporated herein by this reference (“Third Amendment”); and
E. The City and Consultant entered into that certain Fourth Amendment dated
December 20, 2022, which is incorporated herein by this reference (“Fourth Amendment”)
which First, Second, Third and Fourth Amendments and Original Agreement collectively are
referred to as the “Agreement”; and
F. The City and Consultant desire to further 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. Term. The Term of the Original Agreement, as amended was from July 1, 2021,
to June 30, 2023. The Fifth Amendment extends the Term from July 1, 2023 (“Effective Date”)
up to and including January 31, 2024.
3. Revised Scope of Services. The Scope of Services, Exhibit “A” to the Second
Amendment, is hereby amended to include a negotiated adjustment factor of 5% to the hourly
rate charged for Accounting Manager services, thereby revising the hourly rate for Accounting
Manager services to $89.25 as described in Exhibit “A” attached hereto and incorporated
herein by this reference.
4. Compensation. The total not-to-exceed compensation set forth in Section 3 of
the Original Agreement, as amended by the First Amendment, Second Amendment and
Fourth Amendment is the sum of Two Hundred and Twenty-One Thousand Dollars
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Page 3 of 5
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate officer holds more than one corporate office, please
so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of
the Agreement, must be provided to the City.
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EXHIBIT “A”
CONTRACTED ACCOUNTING MANAGER SCOPE OF WORK
July 1, 2023
Billing Rate: $89.25 per hour
General Ledger Accounting
The Contracted Accounting Manager (Contractor) will have primary responsibility to ensure the accounting
records are properly maintained and kept up to date. This includes, but is not limited to, the following duties:
1. Reconciling subsidiary ledgers (e.g., payroll, accounts payable, cashiering) to the general ledger
2. Account analysis
3. Bank reconciliations
4. Identifying and resolving errors in transactional postings
5. Assist Finance Director with the mid-year and 3rd quarter budget review and analysis
6. Posting Council-approved budget amendments
7. Grant accounting and reporting
8. Perform required monthly/quarterly journal entries and closings:
• Interest Allocation
• Capital Project Revenue Allocation
• Engineering Deposit Overhead Allocation
• Interfund transfers
Project Accounting Ledger Maintenance
The City uses a Project Ledger System, which is part of the Munis System, to account for capital projects,
engineering and planning developer deposits, and recreation programs and activities. Contractor will work with
the City staff and implementation consultant to ensure the system is kept up to date and reconciled with the
General Ledger and subsidiary ledgers.
Financial Accounting System (Tyler Munis) Support
Contractor will assist in addressing and resolving issues pertaining to the City’s financial management system
(Munis). Users are still transitioning to the full use of Munis and periodically need assistance with processing
transactions; Contractor will assist department users with support and guidance as needed. The City currently
uses an outside consulting firm for ongoing assistance with financial system implementation, such as technical
support to resolve problems, improve transaction processing, and provide training to City staff. Contractor will
provide oversight of routine Munis tasks and service assistance currently provided by the implementation
consultant.
Special Projects
As needed, Contractor will assist with special projects. Examples of special projects include:
1. Project ledger budget analysis and clean-up;
2. Capital Project carryover analysis and adjustments;
3. Importing and reconciling capital asset data from the old financial system (Pentamation) to
Munis.
4. Reconciling and adjusting engineering deposits recorded in the General Ledger to the Project
Ledger System and City’s land management/development database.
Year-End Closing and Audit
As needed, Contractor will lead the Finance Department’s efforts to complete all analysis and year -end
adjustments in accordance with Generally Accepted Accounting Principles (GAAP), and will prepare schedules
required of the City’s auditors in order to complete their audit.
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In addition, Contractor will assist with the final closing of the fiscal year and roll -over of balances to the new fiscal
year.
Financial Reporting
Contractor will ensure all reports to external agencies are completed accurately and in a timely basis. These
reports include:
1. MTA Report
2. State Controllers Report/CDIAC Reports
3. Possessory Interest Report
4. Department of Treasury American Rescue Plan Act Report
5. Annual Streets Report
6. Annual SB1 Report
7. AB 939 Report
Training of New Staff
Contractor will train and provide support to Finance Department staff.
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Agenda #: 5.5
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH WOODS MAINTENANCE SERVICES, INC. (DBA GRAFFITI
CONTROL SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT
SERVICES THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the First Amendment to the
Maintenance Services Agreement with Woods Maintenance Services, Inc., to provide
graffiti abatement services through June 30, 2024.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the First Amendment is $36,900. Sufficient
funds are included in the FY 2023/24 budget for graffiti removal services.
BACKGROUND/DISCUSSION:
On April 6, 1993, the City Council adopted Ordinance 02(1993) adding Chapter 8.20 to
the Diamond Bar Municipal Code authorizing the use of public funds to combat graffiti.
On July 1, 2020, the City entered into a three-year Maintenance Services Agreement
with Woods Maintenance Services (“WMS”) to provide graffiti abatement services
through FY 2022/23 for a not-to-exceed cost of $107,100, or $35,700 per year, and
includes two one-year extension options. The City and Contractor desire to exercise
the first option. The proposed First Amendment increases the annual compensation to
$36,900, or an increase of $100 per month, which the Contractor has requested to
cover increased fuel expenses.
The proposed amendment serves the public’s interests in a prudent and fiscally
responsible manner. WMS has provided consistently exemplary service to citizens of
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Diamond Bar. WMS’s service technicians know where the City’s “hot spots” are, and
they often proactively remove all traces of a tagging incident before it is seen by our
residents. Based on the service provider’s successful performance, staff recommends
that the City Council grant the one-year extension through June 30, 2024.
LEGAL REVIEW:
The City Attorney has approved the attached Maintenance Services Agreement as to
form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a First Amendment - Graffiti Control Systems
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FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is
made and entered into as of July 1, 2023 by and between the City of Diamond Bar, a
municipal corporation (“City”), and Woods Maintenance Services, dba Graffiti Control
Systems, a California Corporation (“Contractor”) with reference to the following:
A. The City and Contractor entered into that certain Maintenance Services
Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and Contractor 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. Reserved.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from July 1, 2020 to June 30, 2023. This First Amendment extends the Term up to and
including June 30, 2024.
4. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of ONE HUNDRED SEVEN THOUSAND ONE
HUNDRED Dollars ($107,100). Section 3 of the Original Agreement is hereby amended to
provide for an increase of THIRTY-SIX THOUSAND NINE HUNDRED Dollars ($36,900) so
that the total not-to-exceed compensation, as amended by this First Amendment shall not
exceed ONE HUNDRED FORTY-FOUR THOUSAND Dollars ($144,000) without the prior
authorization of the City.
5. Integration. This First Amendment integrates all of the terms and conditions
mentioned herein, and supersede all negotiations with respect hereto. This First Amendment
amends, as set forth herein, the Original Agreement and except as specifically amended
hereby, the Original Agreement shall remain in full force and effect. To the extent that there
is any conflict or inconsistency between the terms and provisions of this First Amendment
and the terms and provisions of the Original Agreement, the terms and provisions of this First
Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
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Daniel Fox, City Manager
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Agenda #: 5.6
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SIXTH AMENDMENT TO THE CONTRACTOR SERVICES
AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR
DIAMOND RIDE PROGRAM SENIOR TRANSPORTATION SERVICES
THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Sixth Amendment to the
Contractor Services Agreement with Network Paratransit Systems (NPS) to provide
Diamond Ride Program senior transportation services through June 30, 2024.
FINANCIAL IMPACT:
Sufficient funds are included in the City Council adopted FY 2023-2024 operating
budget to cover the cost of Diamond Ride Program senior transportation services in the
amount of $350,000, which is funded exclusively through Proposition A Local Return
Funds.
BACKGROUND:
The City’s Diamond Ride (or “dial-a-cab”) program was originally established in April
1995 to provide supplemental transportation for residents 60 years and older (“seniors”)
and disabled adults 18 years and older. The program has been modified over the years
to improve service and ensure fiscal sustainability, with the most recent program
modifications going into effect in December 2014.
The Diamond Ride program currently has approximately 1,000 active cardholders and
operates from 7am-8pm daily. Riders can use 30 one-way or 15 round trips per month.
The City’s existing service boundaries include:
• Service Area 1 ($0.50): Trips to/from any destination within Diamond Bar city limits.
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• Service Area 2 ($1.50): Trips to/from medical facilities approximately five miles
beyond Diamond Bar city limits, and also includes the St. Jude Hospital Medical
Campus in Fullerton and Pomona Valley Hospital Medical Campus.
• Trips extending beyond the established service area boundaries are subject to a
$2.88 per mile cab fare in addition to the regular Diamond Ride fare for the specified
trip (known as a “cab conversion”).
• Holiday Ride trips: Free trips to commercial businesses during the holiday season.
DISCUSSION:
The City Council entered into a three-year Agreement with American Cab to provide
senior transportation services effective July 1, 2015 through June 30, 2018, with the
option, at the City’s sole discretion, to award two annual extensions up to and including
June 30, 2020. The Original Agreement also provides that upon mutual agreement
and upon successful demonstration of exemplary contract performance, the parties
may extend the Agreement beyond the two annual extensions. The proposed Sixth
Amendment extends the Term one additional year through June 30, 2024.
National Paratransit Systems (NPS) assumed the contract from the City’s long-term
provider American Cab in 2018. NPS, which operates buses and cabs under the Bell
Cab and Yellow Cab subsidiaries, subsequently acquired the vehicles, contract drivers,
and dispatch center previously owned and operated by the previous operator. Staff
continues to monitor contractor performance, and has determined that NPS is meeting
standards established by the agreement including on time performance pickups and
program costs.
During the previous five years, program costs have ranged from approximately
$140,379 to $310,435 annually prior to the COVID-19 pandemic. Contract pricing under
NPS has remained within Council approved appropriations of $350,000 annually.
During the last two years, ridership dropped to approximately forty percent of normal
ridership levels to an estimated 6,000 trips at the low point, with current ridership levels
estimated at 7,000 for FY2022-23 and increasing next year. Cost estimates for FY
2022-23 are well below the annual program authorization of $350,000 as outlined in the
chart below.
Diamond Ride Monthly Costs Monthly Average Annual Total
FY2022-23 – Est. through April* $15,368.51 $185,000.00
FY2021-22 $13,695.67 $164,348.05
FY2020-21 $11,698.24 $140,378.89
FY2019-20 $16,814.35 $201,773.23
FY2018-19 $23,066.97 $276,803.64
FY2017-18 $25,869.55 $310,434.65
FY2016-17 $25,385.27 $304,623.20
FY2015-16 $24,799.26 $297,591.09
FY2014-15 $36,996.33 $443,955.98
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FY2013-14 $47,328.43 $567,940.12
*Costs based on first ten months of the fiscal year.
The Consumer Price Index (CPI) for all indices including those used by the City have
increased over the last year. For the upcoming contract year, NPS has requested
bringing the flag drop to $3.00 per trip, and per mile rates to $3.15 per mile.
Additionally, the extension also maintains the $2,500 administrative surcharge, which is
necessitated by the continuation of safety and sanitizing procedures. The rates
proposed by NPS represent an increase of approximately 8% and are within budgetary
appropriations and in line with those in the industry.
City staff will continue to monitor program performance and funding to ensure Diamond
Ride operates within the Council appropriated funding allocation. Ridership has
increased slightly from the FY2020-2021 lows, with any unused Proposition A funds to
be be reallocated to other eligible City related needs.
Based on current performance, it is recommended that the City Council grant an
additional one-year extension to the Agreement through June 30, 2024 with the
proposed rate adjustments. It is anticipated with the proposed rate increases that total
program costs will be between $200,000 and $250,000.
LEGAL REVIEW:
The City Attorney has approved the Sixth Amendment to the Contractor Services
Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.6.a Sixth Amendment - NPS
5.6
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SIXTH AMENDMENT TO CONTRACTOR SERVICES AGREEMENT
This Sixth Amendment to Contractor Services Agreement (“Sixth Amendment”) is
made and entered into as of July 1, 2023 by and between the City of Diamond Bar,
California, a municipal corporation (“City”), and Network Paratransit Systems
(“Contractor”), with reference to the following:
RECITALS
A. The City entered into that certain Contractor Services Agreement dated
March 17, 2015 (“Original Agreement”) with American Cab Co., LLC, dba Yellow Cab
(“American Cab”), which is incorporated herein by reference.
B. The City and American Cab entered into the First Amendment on July 1, 2018
(“First Amendment”) which is incorporated herein by reference.
C. The Original Agreement, as amended by the First Amendment was assigned
and amended by that Assignment and Amendment of Contractor Services Agreement
between the City and Contractor effective October 22, 2018 which is incorporated herein
by reference (the “Assignment”).
D. The City and Contractor entered into that Second Amendment to Contract
Services Agreement on July 1, 2019, extending the term of their agreement and
compensation thereunder (“Second Amendment”), which is incorporated herein by
reference.
E. The City and Contractor entered into that Third Amendment to Contract
Services Agreement on July 1, 2020, extending the term of their agreement and
compensation thereunder (“Third Amendment”), which is incorporated herein by reference.
F. The City and Contractor entered into that Fourth Amendment to Contract
Services Agreement on July 1, 2021, extending the term of their agreement and
compensation thereunder (“Fourth Amendment”), which is incorporated herein by
reference.
G. The City and Contractor entered into that Fifth Amendment to Contract
Services Agreement on July 1, 2022, extending the term of their agreement and
compensation thereunder (“Fifth Amendment”). The Fifth Amendment, Fourth
Amendment, Third Amendment, Second Amendment, the Assignment, First Amendment
and Original Agreement collectively are referred to herein as the “Agreement”.
H. The City and the Contractor desire to amend the Agreement as provided
herein.
I. Due to the endemic nature of COVID-19 and public health guidance,
Contractor’s ridership has diminished and Contractor has incurred additional costs
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2
implementing safety measures such as additional cleaning and sanitizing of its vehicles
and provision of personal protective equipment to drivers to mitigate the spread of the
infectious diseases, which require an additional adjustment in compensation.
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 t erms in the Original Agreement.
2. Term. The Term of the Original Agreement, as amended was from July 1,
2015, to June 30, 2023. The Original Agreement provides that upon mutual agreement
and upon successful demonstration of exemplary contract performance, the parties may
extend the Agreement beyond the two annual extensions. This Sixth Amendment extends
the Term from July 1, 2023 (“Effective Date”) up to and including June 30, 2024.
3. Compensation. The total not-to-exceed amount for the term of this Sixth
Amendment shall be $300,000 subject to the rates identified in the attached Exhibit “A”,
which is incorporated herein by reference. These rates shall take effect on the Effective
Date. Contractor acknowledges and agrees that it shall not be entitled to any compensation
above this amount unless it receives prior approval of City’s City Council and the
Agreement is amended in writing. Contractor shall be responsible for notifying the City if
the not to exceed amount will be exceeded prior to the expiration of the Term; provided
that in no event shall Contractor be required to provide services which costs thereof are in
excess of the not to exceed amount.
4. Integration. This Sixth Amendment and all attachments hereto integrate all
of the terms and conditions mentioned herein, and supersede all negotiations with respect
hereto. This Sixth 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
Sixth Amendment and the terms and provisions of the Agreement, the terms and provisions
of this Sixth Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
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EXHIBIT A
As of the Effective Date of the Sixth Amendment the Following Pricing Shall Apply:
1. Flag Drop per trip: $3.00.
2. Per Mile: $3.15.
3. Wheelchairs: additional $5.00 per trip.
4. Administrative/Vehicle Sanitization: $2,500 per month.
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Agenda #: 5.7
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PURCHASE OF A NEW ENTERPRISE LAND MANAGEMENT (ELM)
SYSTEM, INCLUDING RELATED HARDWARE AND
IMPLEMENTATION SERVICES.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Approve and authorize the City Manager to execute an agreement with Tyler
Technologies to provide an Enterprise Land Management (ELM) System, related
implementation services, and the first year of Maintenance in an amount of
$826,517;
B. Approve and authorize the City Manager to execute an agreement with Go Live
Technology to provide consulting services during the implementation of the ELM
system in an amount not-to-exceed $200,000;
C. Approve, and authorize the City Manager to, seek competitive bids and purchase,
two (2) servers required for the ELM system in an amount not-to-exceed $50,000;
and
D. Approve a contingency amount of $108,483 for change orders, if any, to be
approved by the City Manager, related to the ELM System project implementation.
FINANCIAL IMPACT:
The total year-one cost of the Enterprise Land Management (ELM) System is
$1,200,000, including licensing, implementation services, related computer hardware
and contingency. As part of the FY 22-23 Adopted Budget, one-time General Fund
savings in the amount of $500,000 was appropriated for the ELM project by way of a
transfer to the Equipment Maintenance & Replacement Fund (503). Upon approval of
this item, additional savings of approximately $490,000 from the recently completed
Diamond Bar Center Slope Stabilization Capital Improvement Project, also funded by
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one-time General Fund savings in FY 22-23, will be reassigned from the CIP fund and
transferred to Fund 503 for the ELM project for the current fiscal year. The remaining
balance needed for the project in the amount of approximately $210,000 will be funded
from available reserves in Fund 503. Adequate budget for this project exists in the
current FY 22-23 budget as well as the Adopted FY 23-24 budget effective July 1, 2023.
BACKGROUND/DISCUSSION:
An Enterprise Land Management (ELM) System is software that enables the City to
conduct some of the core functions of a local municipality. An ELM facilitates the
creation, compliance, tracking, scheduling, and issuance of Planning Permits, Building
& Safety Permits & Inspections, Public Works Permits & Inspections, Code Enforcement
cases, Planning Applications, and Business Licensing.
The current Enterprise Land Management System is CityView, a system by N. Harris
Computer Corporation. Cityview was first implemented 16 years ago in 2007. At the
time the system was implemented it was adequate for the City’s needs. However, with
the progress of technology, the system no longer meets the City’s needs. The City
must replace this system to leverage the functionality of new technology in the
marketplace. The key business drivers impacting the project are as follows:
• Improved integration and compatibility between application software systems.
o CityView does not integrate with the cashiering system (Tyler Cashiering)
thus creating a process where daily cashiering batch files have to be
viewed, balanced, and entered in 2 different systems and handled by at
least 6 persons on a nightly basis.
o CityView does not integrate with the financial accounting system (Tyler
Munis) and creates a great deal of extra work for staff because CityView
users have to manually enter and track deposits in both systems
simultaneously thus creating timing issues and doubling efforts by staff.
o CityView does not integrate with the plan check and annotation software
(Bluebeam), thus not allowing staff to fully utilized the plan review and
annotation capabilities of Bluebeam.
• Movement toward paperless processing and utilizing system-automated tools.
o Most processes in CityView such as routing of plans relies on paper
documents that are physically reviewed and annotated and that then need
to be scanned manually to be saved in the system. Modern systems
create and store all documents digitally.
• Automating business processes.
o CityView does not have an option for customers to make payments online
so the current workaround is to have staff create a one-time invoice in the
recreation management system (RecTrac) which does have an online
payment option and then have the customer log into RecTrac to pay a bill
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for CityView. The Customer then sends the receipt to staff who mark the
item as paid in CityView so that it can then be entered in Tyler Munis.
o The vast majority of business processes are routed manually by physically
“pushing” paper from staff member to staff member. Modern systems
follow an automated workflow that advances a given process and all
associated documents automatically from user to user.
• Easier access to information that is not always readily accessible in the current
system.
o CityView does not have any meaningful search capabilities. Exact Permit
or License numbers are required to search in the program. Modern
systems allow users to search using any variable such as date, name,
address, APN number, and a whole range of other variables.
• Improved reporting functions.
o Some State-mandated reports such as the Building Standards
Administration Special Revolving Fund (BSASRF) and Strong Motion
Instrumentation Program (SMIP) reports currently require the assistance
of a contract Database Administrator to extract the necessary data
because CityView is not capable of creating the report.
o Also, many reports require statistics that cannot be created with
automated reports. Many statistics are a huge burden on staff time
because they are currently being counted by hand or multiple reports are
being manually combined to gather the required information.
Due to the significant lifespan of this product, our initial investment and upgrade costs
have been fully recovered.
Creation of Workflow Worksheets and Workflow Diagrams
Beginning in January of 2019 all key staff members of Planning, Code Enforcement,
Building & Safety, and Public Works met with Dennis Vlasich, a consultant with Sirius
Technologies, to create workflow worksheets, workflow diagrams, and Feature &
Function lists to use as the basis for the creation of a comprehensive Functional
Requirements list. For 18 months, the subject matter expert staff members for each
process listed below met to create a workflow worksheet that lists out each step in the
most common processes for their area of expertise. Then they created workflow
diagrams based on the worksheets. Ultimately, they created a Feature & Function list.
• Planning Permits
• Building Permits & Inspections
• Public Works Permits & Inspections
• Code Enforcement
• Planning Applications
• Business Licensing
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Consolidation of Feature & Function Lists into the Functional Requirements
Once all of the feature and function lists were completed by June 2020, they were
consolidated into one exhaustive list of Functional Requirements which consisted of
over 1200 requirements. Then staff members verified the complete list and either
added to or altered the list for accuracy. Upon the completion of the Functional
Requirements, Dennis Vlasich retired from consulting.
Creation of Request for Proposal (RFP) Document
With the Functional Requirements completed, staff began work on the Request for
Proposal document. With the retirement of Dennis Vlasich, Richard Chenette from
GoLive Technologies was brought in to assist staff with the RFP and Vendor selection.
There were a few different formats discussed and created, but the final document most
closely resembled the RFP document that was used for the Enterprise Resource
Program (ERP). The RFP was reviewed and approved as to form by the City Attorney
prior to posting on PlanetBids.
Vendor Selection Process
In compliance with the City’s purchasing ordinance, an RFP was posted on PlanetBids
on November 15, 2021. A Non-Mandatory Bidders conference was held on December
2, 2021, where the entire RFP document was discussed and explained. There were
five iterations of question and answers posted with the final Q&A post on December 14,
2021. The posting officially closed on January 14, 2022, and six vendors submitted bids
including the following:
• MaintStar
• OpenGov, Inc
• Visionary Integration Professionals
• CentralSquare Technologies, LLC
• Tyler Technologies, Inc. (EnerGov)
• SEP Technology Consulting, LLC
Analysis of Bid Results
Staff reviewed and analyzed the bid responses and judged their quality based on the
following criteria:
• Responsiveness and comprehensiveness of the response to the RFP
• Company background and experience
• Demonstrated experience and qualifications of the proposed Project Manager
and other implementation staff
• System functionality
• Reasonableness of the proposed fee
• Information obtained from references
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At this stage of analysis, three bidders were removed from consideration for various
reasons, including, extremely high cost and/or very poor references. Those bidders
were:
• Visionary Integration Professionals
• CentralSquare Technologies, LLC
• SEP Technology Consulting, LLC
Final 3 Bidders Contacted to Provide Scripted Demo of Proposed Application
The final three bidders were invited to provide the City with a scripted demonstration of
their proposed software solution. The three bidders included:
• MaintStar
• OpenGov, Inc
• Tyler Technologies, Inc. (EnerGov)
All three vendors were contacted in late February 2022 and given possible dates and
times for their scripted demonstration. MaintStar rejected the request to provide a
demonstration and rescinded their bid. Only OpenGov and Tyler EnerGov remained.
OpenGov gave their scripted demonstration to staff on April 19 & 20, 2022. Tyler
EnerGov gave their scripted demonstration to staff on May 11 & 12, 2022. As a result
of the scripted demonstrations, it was discovered that each vendor needed to provide
more information or clarify aspects of their bid.
Gap Analysis
Each of the remaining bidders had a high compliance score meeting the City’s
Functional requirements. Tyler EnerGov specified they could meet 94.22% of the
functional requirements and OpenGov specified they could meet 97.93%. However,
staff needed more information to verify the possible effectiveness and compliance of the
remaining vendors. Staff created a unique Gap Analysis document for each vendor that
covered questions relating to a possible future contract with the vendor, the Functional
requirements, Specific functionality of the proposed applications, Integration with other
applications, and general questions for the vendor. Each vendor was given a Gap
Analysis document in July of 2022. Staff met with both vendors individually to discuss
each item on the Gap analysis document and were given a deadline of August 2022 to
submit their responses.
Vendor Response to Gap Analysis
Both vendors submitted their responses to their Gap Analysis document in early August
2022. Staff reviewed the responses and had further discussions with each vendor for
clarification purposes. Tyler EnerGov fully responded to each inquiry, to staff’s
satisfaction. OpenGov gave many vague and non-committal responses or outright
rejected items on the Gap analysis document.
Vendor Selected
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City Staff determined that only Tyler EnerGov could adequately meet the requirements
of the City at a reasonable cost. Based on the overall bid, the scripted demonstration,
and the response to the Gap Analysis document the executive team reached a
consensus that Tyler EnerGov would be the lowest cost most responsible bidder and
therefore should be the choice of the City to provide an Enterprise Land Management
System (ELM).
Enterprise Land Management System Modules
The Tyler EnerGov Land Management system will include the following Modules:
• Enterprise Business Management Suite
o The Business Management suite facilitates and integrates the review,
approval, issuance, renewal, revenue collection, investigation, and
enforcement processes pertaining to business licensing.
• Enterprise Community Development Suite
o The Community Development suite integrates operations in land use
planning, permitting, code enforcement case management, and
inspections.
• Civic Access
o Civic Access is a set of online tools that ensures effective communication
with citizens and contractors while eliminating the need for a phone call or
office visit. The online Civic Access portal serves all Business
Management and Community Development related options.
• e-Reviews
o e-Reviews is the module for the electronic plan review processes that is
fully integrated with Bluebeam.
• Enterprise Permitting & Licensing Core Foundation Bundle
o The Core Foundation Bundle is a collection of products including
ReadyForms, Tyler Hub (dashboard), Dynamic Reports, SSRS/Crystal,
BMP Templates, and Standard iOS.
• Report Toolkit
o The Report Toolkit is Tyler’s report management console for custom
report building.
• Workforce Mobile
o Workforce Mobile is a collection of mobile modules that facilitate
Inspections and Code Enforcement case entries in the field that run on
iPads.
• Enterprise Service Request (ESR)
o Enterprise Service request is Tyler's module for managing requests
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submitted to the City for processing (code enforcement request, general
request, etc.)
• Request & Enforcement Management API Toolkit
o The API Toolkit is Tyler’s integration toolkit for ESR and Code
Enforcement integration to existing programs.
• GIS Module
o The GIS Module is Tyler's integration to ESRI GIS
• Decision Engine
o The Decision Engine allows citizens to utilize branch skip logic for self-
service options through the online portal
• Permitting & Licensing Advanced Automation Bundle
o The Permitting & Licensing Advanced Automation Bundle is a collection of
Tyler's automation engines: Intelligent Objects, Intelligent Automation
Agent, Georules, and Workflow Designer.
It is estimated that the ELM project will take 18-24 months to fully implement.
Consultant Selection Process
Staff determined that it was in the City’s best interest to seek the assistance of a Tyler
EnerGov experienced consulting firm to aid in the implementation process of the new
Enterprise Land Management System. In compliance with the City’s purchasing
ordinance, an RFP was posted on PlanetBids on March 27, 2023, to provide
professional services related to the implementation of the Enterprise Land Management
System.
The due date for the proposal was April 10, 2023. A total of 4 vendors registered to
access the posting and they collectively asked a total of 26 questions about the posting
but ultimately only 2 vendors submitted a bid.
The results are as follows:
Name of Consulting Firm Proposed Cost
GoLive Technologies Inc. $200,000
Berry, Dunn, McNeil & Parker LLC. $526,500
The lowest-cost responsible bidder to provide professional services to assist with the
implementation of a new Enterprise Land Management System is GoLive Technology.
They complied completely with the RFP criteria, they have exemplary prior experience
with the City, and were the lowest cost bidder.
Server Requirements
Due to the City’s prior purchase of Tyler Munis staff is able to reduce the total cost of
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equipment because two existing servers can be utilized by both the Tyler Munis and
Tyler EnerGov systems. As a result, the Tyler EnerGov system requires the purchase
of only two new servers for the proper functioning of the System. One server will host
the EnerGov application and the second server will host the services required by
EnerGov.
Based on the hardware requirements provided by Tyler EnerGov, the two (2) servers
are estimated to cost a total of $50,000. In order to ensure adequate lead time with the
early stages of implementation, it is recommended that the City Council pre-authorize
the City Manager to competitively bid and purchase the required servers. The purchase
would be made to the lowest responsible bidder consistent with the City’s Purchasing
Ordinance, in a not-to-exceed amount of $50,000.
Other Related Hardware and Licenses
A vital component of the new ELM system is the ability to conduct many functions in the
field. It is necessary to separately purchase iPads with cellular service so that
applicable staff members can fully utilize the System. It is anticipated that an additional
seven (7) iPads will be needed at an estimated total cost of $6,500. This amount is
included in the overall project budget and is within the purchasing authority of the City
Manager.
Bluebeam Revue & Prime Studio Requirement
Bluebeam Revue is a program that facilitates the review of plans and allows for
electronic annotations that many staff members already utilize. Bluebeam integrates
with Tyler EnerGov thus eliminating the doubling of effort by staff. In order for all
required staff members to participate in the use of Bluebeam Revue 10, it is anticipated
that additional Bluebeam licenses must be purchased. An additional requirement is the
Bluebeam Studio Prime subscription. Studio Prime is a resource that allows
Bluebeam/Tyler EnerGov users to work collaboratively on the same set of plans
simultaneously. The first year licensing is estimated at $8,500. This amount is included
in the overall project budget and is within the purchasing authority of the City Manager.
LEGAL REVIEW:
The City Attorney has reviewed and approved License Agreement with Tyler and the
Professional Services Agreement with GoLive as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.7.a Tyler EnerGov Contract Amendment Packet
2. 5.7.b Go Live Technologies Inc Professional Services Agreement
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1
AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as
indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. Tyler”) and the
City of Diamond Bar, California (“Client”).
WHEREAS, Tyler and the Client are parties to an agreement dated June 3, 2019 (“Agreement”); and
WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client
agree as follows:
1.The items set forth in the sales quotation attached as Exhibit 1 to this Amendment are hereby
added to the Agreement as of the Amendment Effective Date. Payment of fees and costs for
such items shall conform to the following terms:
a.License fees will be invoiced on the date when Tyler provides the Client with access to
the applicable Tyler Software (the “Software Access Date”).
b.Year 1 annual maintenance and support fees, prorated for a time period commencing
on the Software Access Date and ending at the same time as the end of the then-current
annual maintenance term for the Tyler Software already licensed under the Agreement,
are due on the Software Access Date. Subsequent annual maintenance fees will be
invoiced in accord with the Agreement.
c.Year 1 SaaS Fees for Tyler Software listed in the Tyler Annual Software section prorated
for a time period commencing on the first of the month following the Amendment
Effective Date and ending at the same time as the end of the then-current annual
maintenance term for the Tyler Software already licensed under the Agreement, are
due on the first of the month following the Amendment Effective Date. Subsequent
annual SaaS Fees will be invoiced annually, in advance, at our then-current rates.
d.Services added to the Agreement pursuant to this Amendment, along with applicable
expenses, shall be invoiced as provided and/or incurred.
2.Tyler Software set forth in Exhibit 1 as Tyler Annual Software (“SaaS”) do not include perpetual
rights. If you do not pay the required annual SaaS Fees, your right to use the applicable Software
will be suspended unless and until payment in full has been made. Tyler Software provided as
SaaS is subject to the Tyler SaaS Services Terms and Service Level Agreement found here:
https://www.tylertech.com/terms/tyler-saas-services.
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2
3.The Statement of Work for EnerGov products attached hereto as Exhibit 2 is hereby
incorporated into the Agreement as Exhibit E, Attachment 1.
4.This Amendment includes the following Exhibits:
Exhibit 1 Investment Summary
Exhibit 2 Statement of Work
Exhibit 3 Tyler's Proposal
Exhibit 4 Client’s Request for Proposals
Exhibit 5 Agreement dated June 3, 2019
In the event of conflict between parts of this Amendment, the conflict shall be resolved by
adhering to the following order of precedence:
This Amendment, Exhibits 1-2
Exhibit 5 – Agreement dated June 3, 2019
Exhibit 3 – Tyler’s Proposal
Exhibit 4 – Client’s Request for Proposal
5.This Amendment shall be governed by and construed in accordance with the terms and
conditions of the Agreement.
6.Except as expressly indicated in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth
below.
Tyler Technologies, Inc. City of Diamond Bar
By: By:
Name: Name:
Title: Title:
Date: Date:
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Exhibit 1
3
Exhibit 1
Amendment Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to
you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any
expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the
event of conflict between the Agreement and terms in the Comments section of this Investment
Summary, the language in the Agreement will prevail.
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2022-384746-L3B4W7 CONFIDENTIAL Page 1
Quoted By:Chuck Newberry
Quote Expiration:09/30/23
Quote Name:City of Diamond Bar-EG-COMDEV
Quote Description: EPL On-Prem 80/20 split
Sales Quotation For:
City of Diamond Bar
21825 Copley Dr
Diamond Bar CA 91765-4178
Phone: +1 (909) 396-5666
Tyler License Fees and Related Services
Description Qty License Hours Module Total
Year One
Maintenance
Civic Services
Business Management Suite 5 $ 15,000.00 280 $ 13,500.00 $ 3,000.00
Civic Access - Business Management 1 $ 14,514.00 64 $ 13,063.00 $ 2,903.00
Civic Access - Community Development 1 $ 14,514.00 64 $ 13,063.00 $ 2,903.00
Community Development Suite 35 $ 105,000.00 956 $ 94,500.00 $ 21,000.00
e-Reviews 1 $ 21,111.00 228 $ 19,000.00 $ 4,222.00
Enterprise Permitting & Licensing Core Foundation
Bundle 1 $ 4,500.00 40 $ 4,050.00 $ 900.00
Enterprise Service Requests 1 $ 7,326.00 168 $ 6,593.00 $ 1,465.00
Report Toolkit 1 $ 4,348.00 0 $ 3,913.00 $ 870.00
Request & Enforcement Management API Toolkit 1 $ 8,696.00 168 $ 7,826.00 $ 1,739.00
Workforce Mobile 8 $ 8,000.00 40 $ 7,200.00 $ 1,600.00
Additional
GIS 40 $ 20,000.00 0 $ 18,000.00 $ 4,000.00
Sub-Total $ 223,009.00 $ 200,708.00 $ 44,602.00
Less Discount $ 22,301.00 $ 0.00
TOTAL $ 200,708.00 2008 $ 200,708.00 $ 44,602.00
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2022-384746-L3B4W7 CONFIDENTIAL Page 2
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Civic Services
Decision Engine 1 20 $ 8,700.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation Bundle 1 40 $ 5,030.00
Sub-Total:$ 13,730.00
Less Discount:$ 1,373.00
TOTAL 60 $ 12,357.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
Business Management Enterprise Forms Library (6 Enterprise
Forms)1 $ 5,100.00 $ 0.00 $ 5,100.00 $ 0.00
Community Development Enterprise Forms Library (5 Enterprise
Forms)1 $ 5,100.00 $ 0.00 $ 5,100.00 $ 0.00
Enterprise Permitting & Licensing Custom Report Development (3
pack)5 $ 9,000.00 $ 0.00 $ 45,000.00 $ 0.00
Post Implementation Training 40 $ 200.00 $ 0.00 $ 8,000.00 $ 0.00
Project Management 264 $ 200.00 $ 0.00 $ 52,800.00 $ 0.00
Conversions – See Detailed Breakdown Below $ 25,850.00 $ 0.00
Onsite Implementation 536 $ 225.00 $ 0.00 $ 120,600.00 $ 0.00
Remote Implementation 1532 $ 200.00 $ 0.00 $ 306,400.00 $ 0.00
TOTAL $ 568,850.00 $ 0.00
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Tyler License Fee Discount Detail 2022-384746-L3B4W7
CONFIDENTIAL Page 3
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 200,708.00 $ 44,602.00
Total SaaS $ 0.00 $ 12,357.00
Total Tyler Services $ 568,850.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00
Summary Total $ 769,558.00 $ 56,959.00
Contract Total $ 826,517.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total)
Description Qty Unit Price Unit Discount Extended Price
Conversions
Business Management 1 $ 9,400.00 $ 0.00 $ 9,400.00
Community Development 1 $ 16,450.00 $ 0.00 $ 16,450.00
TOTAL $ 25,850.00
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2022-384746-L3B4W7 CONFIDENTIAL Page 4
Description License
License
Discount License Net
Maintenance
Basis
Year One Maint
Discount
Year One Maint
Net
Civic Services
Business Management Suite $ 15,000.00 $ 1,500.00 $ 13,500.00 $ 3,000.00 $ 0.00 $ 3,000.00
Civic Access - Business Management $ 14,514.00 $ 1,451.00 $ 13,063.00 $ 2,903.00 $ 0.00 $ 2,903.00
Civic Access - Community
Development $ 14,514.00 $ 1,451.00 $ 13,063.00 $ 2,903.00 $ 0.00 $ 2,903.00
Community Development Suite $ 105,000.00 $ 10,500.00 $ 94,500.00 $ 21,000.00 $ 0.00 $ 21,000.00
e-Reviews $ 21,111.00 $ 2,111.00 $ 19,000.00 $ 4,222.00 $ 0.00 $ 4,222.00
Enterprise Permitting & Licensing
Core Foundation Bundle $ 4,500.00 $ 450.00 $ 4,050.00 $ 900.00 $ 0.00 $ 900.00
Enterprise Service Requests $ 7,326.00 $ 733.00 $ 6,593.00 $ 1,465.00 $ 0.00 $ 1,465.00
Report Toolkit $ 4,348.00 $ 435.00 $ 3,913.00 $ 870.00 $ 0.00 $ 870.00
Request & Enforcement Management
API Toolkit $ 8,696.00 $ 870.00 $ 7,826.00 $ 1,739.00 $ 0.00 $ 1,739.00
Workforce Mobile $ 8,000.00 $ 800.00 $ 7,200.00 $ 1,600.00 $ 0.00 $ 1,600.00
Additional
GIS $ 20,000.00 $ 2,000.00 $ 18,000.00 $ 4,000.00 $ 0.00 $ 4,000.00
TOTAL $ 223,009.00 $ 22,301.00 $ 200,708.00 $ 44,602.00 $ 0.00 $ 44,602.00
Tyler Annual Discount Detail
Description Annual Fee
Annual Fee
Discount Annual Fee Net
Civic Services
Decision Engine $ 8,700.00 $ 870.00 $ 7,830.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation
Bundle $ 5,030.00 $ 503.00 $ 4,527.00
TOTAL $ 13,730.00 $ 1,373.00 $ 12,357.00
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between
the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following
terms:
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2022-384746-L3B4W7 CONFIDENTIAL Page 5
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such
software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware;
• Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for
download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and
Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually
thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
• Implementation and other professional services fees shall be invoiced as delivered.
• Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon
delivery of custom desktop procedures, by module.
• Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the
converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual
services delivered on a time and materials basis.
• Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project
Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation
of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
• Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will
invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be
billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first
product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this
sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of
the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the
Agreement.
• Expenses associated with onsite services are invoiced as incurred. Tyler's quote contains estimates of the amount of services needed, based on our
preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount
of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by
the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for
determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf;
and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
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2022-384746-L3B4W7 CONFIDENTIAL Page 6
The Implementation Hours included in this quote assume a work split effort of 20% Client and 80% Tyler. Implementation Hours are scheduled and delivered in
four (4) or eight (8) hour increments. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in
a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a
Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Tyler leads and owns the “Assess and Define” and “Configuration” for up to 100 business transactions. Tyler and the client will determine ownership of specific tasks
throughout the Assess and Define stage. The full scope of Transaction Types is outlined in the Statement of Work, Section 10 “Transaction Types Listing” of the
Appendices. 20 Building & Safety Permit Types, 16 Public Words Permit Types, 27 Code Enforcement Transaction Types, 6 Business License Transactions, 55
Planning Transactions
Business Management Forms Library Includes: 1 Licensing - Business License, 1 Licensing - Business License Renewal, 1 Licensing - Business License Delinquent, 1
Licensing - Profession License, 1 Licensing - Profession License Renewal, 1 Licensing Profession License Delinquent.
Community Development Forms Library Includes: standard Permits - Building, standard Permits - Trade, standard Planning - Certificate, standard Permits -
Occupancy/Completion, standard Code - Violation Notice.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task
statuses, and go-live planning activities.
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Exhibit 2
Tyler EnerGov Statement of Work (SOW)
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City of Diamond Bar
SOW from Tyler Technologies, Inc.
04/11/2023
Presented to:
City of Diamond Bar
21825 Copley Dr
Diamond Bar, CA 91765-4178
Contact:
Greg Bowen
Email: Greg.Bowen@TylerTech.com
One Tyler Drive, Yarmouth, ME 04096
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City of Diamond Bar
Tyler Technologies, Inc. Page | i
Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1
Project Overview ............................................................................................................................. 1
Introduction ........................................................................................................................................ 1
Project Goals ....................................................................................................................................... 1
Methodology ....................................................................................................................................... 1
PART 2: PROJECT FOUNDATION ............................................................................................................. 3
Project Governance ......................................................................................................................... 3
Project Scope Control ...................................................................................................................... 4
Managing Scope and Project Change ................................................................................................. 4
Change Control ................................................................................................................................... 4
Change Request Management ............................................................................................................ 4
Acceptance Process ......................................................................................................................... 6
Roles and Responsibilities ................................................................................................................ 6
Tyler Roles & Responsibilities ............................................................................................................. 7
Tyler Executive Manager ............................................................................................................. 7
Tyler Implementation Manager .................................................................................................. 7
Tyler Project Manager ................................................................................................................. 7
Tyler Implementation Consultant ............................................................................................... 8
Tyler Sales ................................................................................................................................... 8
Tyler Technical Services .............................................................................................................. 9
Tyler Data Experts ....................................................................................................................... 9
City Roles & Responsibilities ............................................................................................................... 9
City Executive Sponsor ................................................................................................................ 9
City Steering Committee ............................................................................................................. 9
City Project Manager ................................................................................................................ 10
City Functional Leads ................................................................................................................ 11
City Power Users ....................................................................................................................... 12
City End Users ........................................................................................................................... 12
City Technical Lead .................................................................................................................... 13
City Change Management Lead ................................................................................................ 13
PART 3: PROJECT PLAN ........................................................................................................................... 14
Project Stages ................................................................................................................................. 14
Initiate and Plan ................................................................................................................................ 15
Initial Coordination ................................................................................................................... 15
Project/Phase Planning ............................................................................................................. 16
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Infrastructure Planning ............................................................................................................. 17
Stakeholder Meeting ................................................................................................................. 18
GIS Preparation ......................................................................................................................... 19
Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 20
Assess & Define ................................................................................................................................. 21
Solution Orientation.................................................................................................................. 21
Current & Future State Analysis ................................................................................................ 22
Conversion Assessment ............................................................................................................ 23
Intentionally left blank. ............................................................................................................. 24
Intentionally left blank. ............................................................................................................. 24
Control Point 2: Assess & Define Stage Acceptance ................................................................. 24
Prepare Solution ............................................................................................................................... 24
Initial System Deployment ........................................................................................................ 25
Configuration ............................................................................................................................ 26
Process Refinement .................................................................................................................. 27
Conversion Delivery .................................................................................................................. 29
Intentionally left blank. ............................................................................................................. 30
Intentionally left blank. ............................................................................................................. 30
Control Point 3: Prepare Solution Stage Acceptance ................................................................ 30
Production Readiness ....................................................................................................................... 31
Solution Validation .................................................................................................................... 31
Go-Live Readiness ..................................................................................................................... 32
End User Training ...................................................................................................................... 33
Control Point 4: Production Readiness Stage Acceptance ........................................................ 34
Production ......................................................................................................................................... 34
Go-Live ...................................................................................................................................... 35
Transition to Client Services ...................................................................................................... 36
Post Go-Live Activities ............................................................................................................... 37
Control Point 5: Production Stage Acceptance ......................................................................... 38
Close .................................................................................................................................................. 38
Phase Closeout .......................................................................................................................... 38
Project Closeout ........................................................................................................................ 39
Control Point 6: Close Stage Acceptance .................................................................................. 40
General Assumptions ...................................................................................................................... 41
Project ............................................................................................................................................... 41
Organizational Change Management ............................................................................................... 41
Resources and Scheduling ................................................................................................................ 41
Data ................................................................................................................................................... 42
Facilities............................................................................................................................................. 42
Glossary ......................................................................................................................................... 43
PART 4: APPENDICES ............................................................................................................................... 46
Conversion ..................................................................................................................................... 46
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Enterprise Permitting & Licensing Conversion Summary ................................................................. 46
Community Development ......................................................................................................... 46
Business Management .............................................................................................................. 46
Transaction Types Listing ............................................................................................................ 48
Enterprise Permitting & Licensing Transaction Type Scope ............................................................. 48
Building & Safety Permit Types ................................................................................................. 48
Public Works Permit Types ....................................................................................................... 48
Code Enforcement Transaction Types ...................................................................................... 49
Business Licensing Types ........................................................................................................... 49
Planning Transaction Types ...................................................................................................... 50
Additional Appendices ................................................................................................................ 52
Enterprise Permitting & Licensing Definitions .................................................................................. 52
“Template Business Transactions” ............................................................................................ 52
“Unique Business Transactions” ............................................................................................... 52
“Geo-Rules” ............................................................................................................................... 52
“Automation Events” ................................................................................................................ 53
“Enterprise Permitting & Licensing SDK/API (Toolkits)” ........................................................... 53
Project Timeline .......................................................................................................................... 54
ERP Project Timeline ......................................................................................................................... 54
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and
technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public
sector entities including local, state, provincial and federal government, to operate more efficiently and
connect more transparently with their constituents and with each other. By connecting data and
processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that
solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and
roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between
Tyler and the City (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget
Increase operational efficiencies and empower users to be more productive
Improve accessibility and responsiveness to external and internal customer needs
Overcome current challenges and meet future goals
Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of
implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology.
Each of the six stages is comprised of multiple work packages, and each work package includes a narrative
description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance
Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective
communications, and quality standards. Clearly defined, the project methodology repeats consistently
across Phases, and is scaled to meet the City’s complexity and organizational needs.
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary
leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project
teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process
is to employ an iterative model where the City’s business processes are assessed, configured, validated,
and refined cyclically in line with the project budget. This approach is used in multiple stages and work
packages as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project
success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping
by nature to complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of
Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This
allows organizations to have a structured approach for conducting its daily business in addition to project
related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the
Project, communicate the goals to other Project participants, and provide support and guidance to
accomplish these goals. Project governance defines the structure for escalation of issues and risks,
Change Control review and authority, and Organizational Change Management activities. Throughout the
Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the
implementation which will further outline responsibilities of different roles in each stage. Further
refinement of the governance structure, related processes, and specific roles and responsibilities occurs
during the Initiate & Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve
Project challenges according to defined escalation paths. If project managers do not possess authority to
determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City
Steering Committee become the escalation points to triage responses prior to escalation to the City and
Tyler executive sponsors. As part of the escalation process, each Project governance tier presents
recommendations and supporting information to facilitate knowledge transfer and issue resolution. The
City and Tyler executive sponsors serve as the final escalation point.
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a
Project: budget, timeline, and scope. These constraints, known as the “triple constraints” or project
management triangle, define budget in terms of financial cost, labor costs, and other resource costs.
Scope is defined as the work performed to deliver a product, service or result with the specified features
and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you
change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the
scope of the Project is increased, cost and time to complete will also need to increase. The Project and
executive teams will need to remain cognizant of these constraints when making impactful decisions to
the Project. A simple illustration of this triangle is included here, showing the connection of each item and
their relational impact to the overall Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate
level of flexibility to incorporate approved changes. Scope and changes within the project will be
managed using the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g.,
new constraints or opportunities are discovered). This Project is being undertaken with the understanding
that Project scope, schedule, and/or cost may need to change to produce optimal results for
stakeholders. Changes to contractual requirements will follow the change control process specified in the
final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the
change will be brought to the attention of the Steering Committee and an assessment of the change will
occur. While such changes may result in additional costs and delays relative to the schedule, some
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changes may result in less cost to the City; for example, the City may decide it no longer needs a
deliverable originally defined in the Project. The Change Request will include the following information:
The nature of the change.
A good faith estimate of the additional cost or associated savings to the City, if any.
The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City will use its good faith efforts to either approve or disapprove any Change Request within ten (10)
Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the
Project scope, budget, or timeline must be documented and approved in writing using a Change Request
form. These changes constitute a formal amendment to the Statement of Work and will supersede any
conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions
will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the
success of the Project that each City office or department designates specific individuals for making
decisions on behalf of their offices or departments.
Both Tyler and the City will identify representative project managers. These individuals will represent the
interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City feedback and approval on Project deliverables will be critical to the
success of the Project. The City project manager will strive to gain deliverable and decision approvals
from all authorized City representatives. Given that the designated decision-maker for each department
may not always be available, there must be a designated proxy for each decision point in the Project.
Assignment of each proxy will be the responsibility of the leadership from each City department. The
proxies will be named individuals that have the authorization to make decisions on behalf of their
department.
The following process will be used for accepting Deliverables and Control Points:
The City shall have fifteen (15) business days from the date of delivery, or as otherwise mutually
agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City does
not provide acceptance or acknowledgement within fifteen (15) business days, or the otherwise
agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control
Point as accepted.
If the City does not agree the Deliverable or Control Point meets requirements, the City shall
notify Tyler project manager(s), in writing, with reasoning within fifteen (15) business days, or
the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the
Deliverable.
Tyler shall address any deficiencies and redeliver the Deliverable or Control Point Within fifteen
(15) business days, or otherwise agreed upon timeline, not to be reasonably withheld. The City
shall then have ten (10) business days from receipt of the redelivered Deliverable or Control
Point to accept or again submit written notification of reasons for rejecting the milestone. If the
City does not provide acceptance within ten (10) business days, or the otherwise agreed upon
timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as
accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles
and responsibilities may not follow the organizational chart or position descriptions at the City, but are
roles defined within the Project. It is common for individual resources on both the Tyler and City project
teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
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Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be
one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs
arise.
Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation
process. This team member offers additional support to the Project team and collaborates with other
Tyler department managers as needed to escalate and facilitate implementation Project tasks and
decisions.
Provides clear direction for Tyler staff on executing on the Project Deliverables to align with
satisfying the City ’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part
of the escalation process.
Acts as the counterpart to the City ’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the
Tyler escalation process. The Tyler project managers consult implementation management on
issues and outstanding decisions critical to the Project. Implementation management works
toward a solution with the Tyler Project Manager or with City management as appropriate. Tyler
executive management is the escalation point for any issues not resolved at this level.
Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have
necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources
between departments, management of the Project budget and schedule, effective risk, and issue
management, and is the primary point of contact for all Project related items. As requested by
the City, the Tyler Project Manager provides regular updates to the City Steering Committee and
other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the
following areas:
Contract Management
Validates contract compliance throughout the Project.
Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions.
Prepares and presents contract milestone sign-offs for acceptance by the City project manager(s).
Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
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Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops initial Project schedule and Project Management Plan.
Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve
on-time implementation.
Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned
versus actual are transparent and handled effectively and efficiently.
Establishes and manages a schedule and Tyler resources that properly support the Project
Schedule and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between the City and Tyler and takes all
necessary steps to proactively mitigate these items or communicate with transparency to the City
any items that may impact the outcomes of the Project.
Collaborates with the City ’s project manager(s) to establish key business drivers and success
indicators that will help to govern Project activities and key decisions to ensure a quality outcome
of the project.
Collaborates with the City ’s project manager(s) to set a routine communication plan that will
aide all Project team members, of both the City and Tyler, in understanding the goals, objectives,
status, and health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s).
Identifies and coordinates all Tyler resources across all applications, Phases, and activities
including development, forms, installation, reports, implementation, and billing.
Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project
Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s).
Documents activities for services performed by Tyler.
Guides the City through software validation process following configuration.
Assists during Go-Live process and provides support until the City transitions to Client Services.
Facilitates training sessions and discussions with the City and Tyler staff to ensure adequate
discussion of the appropriate agenda topics during the allotted time.
May provide conversion review and error resolution assistance.
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan.
Provides historical information, as needed, throughout implementation.
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Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s).
Involved in system infrastructure planning/review(s).
Provides first installation of licensed software with initial database on servers.
Supports and assists the project team with technical/environmental issues/needs.
Deploys Tyler products.
Conducts GIS Planning.
Reviews GIS data and provides feedback to the City.
Loads City provided GIS data into the system.
Tyler Data Experts
Validates that customer data files are in proper format.
Develops customized conversion programs, as necessary, to convert Legacy System data into the
Tyler database for production use according to defined mapping.
Provides error Reports on unsupported data conditions and the merging or normalization of data
fields.
Assists the City with understanding and interpreting error Reports.
Performs changes and corrections to customized conversion programs as the City completes the
data review.
Provides conversion consulting and mapping assistance.
City Roles & Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be
assigned to multiple Project roles.
City Executive Sponsor
The City executive sponsor provides support to the Project by providing strategic direction and
communicating key issues about the Project and its overall importance to the organization. When called
upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive
sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and
escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the
City steering committee, project manager(s), and functional leads to make critical business decisions for
the City.
Champions the project at the executive level to secure buy-in.
Authorizes required project resources.
Actively participates in organizational change communications.
City Steering Committee
The City steering committee understands and supports the cultural change necessary for the Project and
fosters an appreciation for the Project’s value throughout the organization. The steering committee
oversees the City project manager and Project through participation in regular internal meetings. The City
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steering committee remains updated on all Project progress, Project decisions, and achievement of
Project milestones. The City steering committee also serves as primary level of issue resolution for the
Project.
Works to resolve all decisions and/or issues not resolved at the project manager level as part of
the escalation process.
Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization.
Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources.
Monitors project progress including progress towards agreed upon goals and objectives.
Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies
o Needs of other client projects
City Project Manager
The City shall assign project manager(s) prior to the start of this project with overall responsibility and
authority to make decisions related to Project Scope, scheduling, and task assignment. The City Project
Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely
and efficient manner. When the City project manager(s) do not have the knowledge or authority to make
decisions, he or she engages the necessary resources to participate in discussions and make decisions in a
timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the
City steering committee and determining appropriate escalation points.
Contract Management
Validates contract compliance throughout the project.
Ensures that invoicing and Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Collaborates on and
approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for the City project team.
Collaborates in the development and approval of the project schedule.
Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-
time implementation.
Implementation Management
Tightly manages project budget and scope.
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Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure
that scope changes and budget (planned versus actual) are transparent and handled effectively
and efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan
that properly supports the project schedule as a whole and is also in balance with scope and
budget.
Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting
process between the City and Tyler and takes all necessary steps to proactively mitigate these
items or communicate with transparency to Tyler any items that may impact the outcomes of the
project.
Collaborates with Tyler project manager(s) to establish key business drivers and success
indicators that will help to govern project activities and key decisions to ensure a quality outcome
of the project.
Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals,
objectives, current status, and health of the project by all team members.
Manages the requirements gathering process and ensure timely and quality business
requirements are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders.
Identifies and coordinates all City resources across all modules, phases, and activities including
data conversions, forms design, hardware and software installation, reports building, and
satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project
forward.
Manages the appropriate assignment and timely completion of tasks as defined.
Assesses team performance and takes corrective action, if needed.
Provides guidance to City technical teams to ensure appropriate response and collaboration with
Tyler Technical Support Teams to ensure timely response and appropriate resolution.
Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project
tasks.
Ensures that users have appropriate access to Tyler project toolsets as required.
Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
City Functional Leads
Makes business process change decisions under time sensitive conditions.
Communicates existing business processes and procedures to Tyler consultants.
Assists in identifying business process changes that may require escalation.
Contributes business process expertise for Current & Future State Analysis.
Identifies and includes additional subject matter experts to participate in Current & Future State
Analysis.
Validates that necessary skills have been retained by end users.
Provides End Users with dedicated time to complete required homework tasks.
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Acts as an ambassador/champion of change for the new process and provide business process
change support.
Identifies and communicates any additional training needs or scheduling conflicts to the City
project manager.
Actively participates in all aspects of the implementation, including, but not limited to, the
following key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance
o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
City Power Users
Participate in project activities as required by the project team and project manager(s).
Provide subject matter expertise on the City business processes and requirements.
Act as subject matter experts and attend Current & Future State Analysis sessions as needed.
Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project.
Test all application configuration to ensure it satisfies business process requirements.
Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Demonstrate competency with Tyler products processing prior to Go-live.
Provide knowledge transfer to the City staff during and after implementation.
Participate in conversion review and validation.
City End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties.
Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Utilize software to perform job functions at and beyond Go-live.
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City Technical Lead
Coordinates updates and releases with Tyler as needed.
Coordinates the copying of source databases to training/testing databases as needed for training
days.
Coordinates and adds new users, printers and other peripherals as needed.
Validates that all users understand log-on process and have necessary permission for all training
sessions.
Coordinates interface development for City third party interfaces.
Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler.
Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the City’s legacy system per the
conversion schedule set forth in the project schedule.
Client-hosted:
o Involved in infrastructure planning/review
o Purchases and sets up client-hosted servers
City GIS
Participates in GIS planning activities.
Responsible for management and maintenance of City GIS infrastructure and data.
Ensures GIS data/service endpoints are in alignment with Tyler software requirements.
Provides Tyler implementation team with GIS data/service access information.
City Upgrade Coordination
Becomes familiar with the software upgrade process and required steps.
Becomes familiar with Tyler’s releases and updates.
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the
latest helpful tools to manage the City’s software upgrade process.
Assists with the software upgrade process during implementation.
Manages software upgrade activities post-implementation.
Manages software upgrade plan activities.
Coordinates software upgrade plan activities with City and Tyler resources.
Communicates changes affecting users and department stakeholders.
Obtains department stakeholder acceptance to upgrade production environment.
City Change Management Lead
Validates that users receive timely and thorough communication regarding process changes.
Provides coaching to supervisors to prepare them to support users through the project changes.
Identifies the impact areas resulting from project activities and develops a plan to address them
proactively.
Identifies areas of resistance and develops a plan to reinforce the change.
Monitors post-production performance and new process adherence.
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down
into smaller, more manageable components. The top-level components are called “Stages” and the
second level components are called “Work Packages”. The work packages, shown below each stage,
contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase
Planning and finalized during subsequent stages, lists the tasks to be completed within each work
package. Each stage ends with a “Control Point”, confirming the work performed during that stage of the
Project has been accepted by the City.
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the
scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a
foundation for the Project by identifying and establishing sequence and timing for each Phase as well as
verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique
items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project
resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the City
with initial Project documents used to gather names of key personnel, their functional role as it pertains
to the Project, as well as any blackout dates to consider for future planning. the City gathers the
information requested by the provided deadline ensuring preliminary planning and scheduling can be
conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s)
coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a
Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish
the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify City project team.
STAGE 1 Initial Coordination
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsTyler project team is assigned A R C I I I I I I
Cityproject team is assigned A I R I I I
Provide initial project
documents to the City A R C C I I
Gather preliminary
information requested I A R C C C C
Sales to implementation
knowledge transfer A R I I I I I
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Create Project Portal to store
project artifacts and facilitate
communication
A R I
Inputs Contract documents
Statement of Work
Outputs/Deliverables Completed initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions
and services purchased, identify applications to implement in each Phase (if applicable), and discuss
implementation timeframes.
During this work package Tyler will work with the City to coordinate and plan a formal Project planning
meeting(s). This meeting signifies the start of the Project and should be attended by all City Project team
members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its
implementation methodology, terminology, and Project management best practices to the City’s Project
Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss
Project communication, metrics, status reporting and tools to be used to measure Project progress and
manage change.
Tyler will work with the City Project Team to prepare and deliver the Project Management Plan as an
output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and
will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation.
Tyler will familiarize the City with these tools during project planning and make them available for review
and maintenance as applicable throughout the project. Some examples are Solution validation plan, issue
log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsSchedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan A R I C C I
Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City provides acceptance of schedule based
on resource availability, project budget, and
goals.
Work package assumptions:
City has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation.
This task is especially important on-premise deployment models. In an On-premise deployment, the City
will be responsible for the setup of the infrastructure. Tyler will install Licensed Software on application
server(s) or train the City to install License Software. The City is responsible for the installation and setup
of all peripheral devices.
Objectives:
Ensure the City’s infrastructure meets Tyler’s application requirements.
Ensure the City’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
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Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsProvide
Infrastructure
Requirements and
Design Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
Schedule Installation
of All Licensed
Software
A R C I I
Infrastructure Audit A R C I C
Inputs 1. Initial Infrastructure Requirements and Design Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
1. Completed Infrastructure Requirements
and Design Document
Delivery of Document
2. Infrastructure Audit System Passes Audit Criteria
Work package assumptions:
The City will maintain environment (or virtual environment) for On-Premise deployments.
Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key
stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage,
gain commitment, and instill confidence in the City team. During the meeting, the goals and objectives of
the Project will be reviewed along with detail on Project scope, implementation methodology, roles and
responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline.
Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsCreate Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
None
GIS Preparation
GIS data is a core part of many Tyler applications. Other City offices/products may also use this data and
have different GIS requirements. A key focus of this preparation will be the process for developing the GIS
data for use with Tyler applications. This can be an iterative process, so it is important to begin
preparation early.
Objectives:
Identify all City GIS data sources and formats.
Tyler to understand the City’s GIS needs and practices.
Ensure the City’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsInitial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS
Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements.
Work package assumptions:
GIS data provided to Tyler is accurate and complete.
GIS data provided to Tyler is current.
City is responsible for maintaining the GIS data.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage
acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan stage acceptance criteria:
All stage deliverables accepted based on acceptance criteria previously defined
Project governance defined
Project portal made available to the City
Stakeholder meeting complete
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GIS Data Production Ready
Completed Infrastructure Requirements and Design Document
System Passes Infrastructure Audit (as applicable)
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City
business processes. This information will be used to identify and define business processes utilized with
Tyler software. The City collaborates with Tyler providing complete and accurate information to Tyler
staff and assisting in analysis, understanding current workflows and business processes.
At the completion of the Assess & Define stage, a total number of City processes will be determined. The
Tyler PM will meet with the Client PM to determine process ownership which will be 80% Tyler and 20%
Client, or up to the number of services hours allowed in the contract.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution
functionality prior to beginning the current and future state analysis. The primary goal is to establish a
foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such
as: eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the
major processes and focus on data flow, the connection between configuration options and outcome,
integration, and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality.
Prepare the City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsProvide pre-requisites A R I I I I I
Complete pre-
requisites A R C C
Conduct orientation A R I I I I I
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Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of
process changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros and cons
of each based on current or desired state and make decisions about the future state configuration and
processing. This may occur before or within the same timeframe as the configuration work package. The
options within the new software will be limited to the scope of this implementation and will make use of
standard Tyler functionality.
The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk
from over customization of Tyler products. It is the City’s responsibility to verify that in-scope
requirements are being met throughout the implementation if functional requirements are defined as
part of the contract. The following guidelines will be followed when evaluating if a modification to the
product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement.
Configuration of the application satisfies the requirement.
An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts
on the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsCurrent State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options A R C C C I I I I I
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required to support
future state
Inputs Citycurrent state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
City attendees possess sufficient knowledge and authority to make future state decisions.
The City is responsible for any documentation of current state business processes.
The City can effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate
the predictable, repeatable conversion process that is necessary to support a successful transition to the
Tyler system. The first step in this process is to perform an assessment of the existing (“legacy”)
system(s), to better understand the source data, risks, and options available. Once the data has been
analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
Communicate a common understanding of the project goals with respect to data.
Ensure complete and accurate source data is available for review/transfer.
Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsExtract Data from
Source Systems I C A R
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Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City Source data
City Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if
Applicable
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
Tyler will work with the City representatives to identify business rules before writing the
conversion.
City subject matter experts and resources most familiar with the current data will be involved in
the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage
Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state
decisions.
Modification specification document.
Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define
stages will be used to install and configure the Tyler software solution. Software configuration will be
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validated by the City against future state decisions defined in previous stages and processes refined as
needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The
success and timeliness of subsequent work packages are contingent upon the initial system deployment
of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work
package can affect the project schedule.
Objectives:
The City’s hardware is available and set up appropriately to meet Tyler’s requirements.
All licensed software is installed and operational.
The City can access the software.
STAGE 3 Initial System Deployment (On-Premise)
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsReview Purchased
Hardware A R I C
Setup/Prepare
Hardware for
Deployment for
Included
Environments
I C A R
Install Licensed
Software with Initial
Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on City
Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
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Inputs Hardware is Procured and Made Available to Tyler
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible
Licensed Software is Installed on City devices
(if applicable)
Software is accessible
Installation Checklist/System Document System Passes
Infrastructure Design Document (If Applicable)
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed.
The City will provide network access for Tyler modules, printers, and Internet access to all
applicable City and Tyler Project staff.
On-Premise:
The City has procured sufficient hardware by the agreed upon timeline.
The procured hardware and software meets Tyler requirements to ensure sufficient speed and
operability of Tyler Licensed Software. Tyler will not support the use of Licensed Software if the
City does not meet minimum standards of Tyler’s published specifications.
The City has in place and keeps up to date all hardware, software, and technical infrastructure
necessary to support the solution.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City to complete software configuration based on the outputs of the
future state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff
iteratively to validate software configuration.
Objectives:
Software is ready for validation.
Educate the City Power User how to configure and maintain software.
Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsConduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future
state decisions.
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System N/A
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The City is
responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the City users on how to execute processes in the system to prepare them for the
validation of the software. The City collaborates with Tyler staff iteratively to validate software
configuration options to support future state.
Objectives:
Ensure that the City understands future state processes and how to execute the processes in the
software.
Refine each process to meet the business requirements.
Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
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STAGE 3 Process Refinement
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsConduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration
(City Responsible)
I C A R C
Refine
configuration
(Tyler
Responsible)
A R I I I
Validate interface
process and
results
I C C A R C C
Update City-
specific process
documentation (if
applicable)
I C A R C
Updates to
Solution
Validation testing
plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support
future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed City-specific process
documentation (completed by City)
Work package assumptions:
None
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Conversion Delivery
The purpose of this task is to transition the City’s data from their source (“legacy”) system(s) to the Tyler
system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A
well-executed data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the City will review specific data elements within the system and identify /
report discrepancies. Iteratively, Tyler will collaborate with the City to address conversion discrepancies.
This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler
system(s). Reference Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City
RACI MATRIX
KEY:
R = Responsible
A =
Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsProvide data
crosswalks/cod
e mapping tool
A C R I I I
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Populate data
crosswalks/cod
e mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated N/A
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for
final pass
Work package assumptions:
The City will provide a single file layout per source system as identified in the investment
summary.
The City subject matter experts and resources most familiar with the current data will be involved
in the data conversion effort.
The City project team will be responsible for completing the code mapping activity, with
assistance from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage
Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
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Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Software is configured.
Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare the City team for go-live through solution
validation, the development of a detailed go-live plan and end user training. A readiness assessment will
be conducted with the City to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of
the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates
that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan.
Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsUpdate Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required
follow-up on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.)
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report City updates report with testing results
Work package assumptions:
Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City will ensure that all requirements defined in Project planning have been completed and
the Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying
risks or actions items to be addressed to ensure the City has considered its ability to successfully Go-Live.
Issues and concerns will be discussed, and mitigation options documented. Tyler and the City will jointly
agree to move forward with transition to production. Expectations for final preparation and critical dates
for the weeks leading into and during the Go-Live week will be planned in detail and communicated to
Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsPerform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live
planning session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting
& resolution
A R I I I I C C I I I I I
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Develop Go-Live
checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live
delivered to the City
Work package assumptions:
None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan
previously reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City
users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be
contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s
responsibility to develop City specific business process documentation. City-led training labs using City
specific business process documentation if created by the City can be added to the regular training
curriculum, enhancing the training experiences of the end users.
Objectives:
End users are trained on how to use the software prior to go-live.
The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsUpdate training plan A R C C I C
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End User training
(Tyler-led) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (City-
led) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training City signoff that training was delivered
Work package assumptions:
The City project team will work with Tyler to jointly develop a training curriculum that identifies
the size, makeup, and subject-area of each of the training classes.
Tyler will work with the City as much as possible to provide end-user training in a manner that
minimizes the impact to the daily operations of City departments.
The City will be responsible for training new users after go-live (exception—previously planned or
regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage
is dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
Solution Validation Report.
Update go-live action plan and checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily
operational use as of the scheduled date. Tyler and the City will follow the comprehensive action plan laid
out during Go-Live Readiness to support go-live activities and minimize risk to the Project during go-live.
Following go-live, Tyler will work with the City to verify that implementation work is concluded, post go-
live activities are scheduled, and the transition to Client Services is complete for long-term operations and
maintenance of the Tyler software.
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Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City and Tyler will
complete work assigned to prepare for Go-Live.
The City provides final data extract and Reports from the Legacy System for data conversion and Tyler
executes final conversion iteration, if applicable. If defined in the action plan, the City manually enters any
data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City during Go-Live activities. The City transitions to Tyler software for
day-to day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the
system or based on timing of applicable business processes and will be scheduled following Go-Live per
the Project Schedule.
Objectives:
Execute day to day processing in Tyler software.
City data available in Production environment.
STAGE 5 Go-Live
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsProvide final source
data extract, if
applicable
C C A R
Final source data
pushed into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
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Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment City confirms data is available in production
environment
Work package assumptions:
The City will complete activities documented in the action plan for Go-Live as scheduled.
External stakeholders will be available to assist in supporting the interfaces associated with the
Go-Live live process.
The City business processes required for Go-Live are fully documented and tested.
The City Project team and subject matter experts are the primary point of contact for the end
users when reporting issues during Go-Live.
The City Project Team and Power User’s provide business process context to the end users during
Go-Live.
The Tyler Go-Live support team is available to consult with the City teams as necessary.
The Tyler Go-Live support team provides standard functionality responses, which may not be
tailored to the local business processes.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the
exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal
transition of the City onto the Tyler Client Services team, who provides the City with assistance following
Go-Live, officially transitioning the City to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve.
Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsTransfer City to Client
Services and review I I A I I R I I C C C
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issue reporting and
resolution processes
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes,
the requirement of actual production data to complete the activities, or the requirement of the system
being used in a live production state.
Objectives:
Schedule activities that are planned for after Go-Live.
Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsSchedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
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Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance.
Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live activities defined in the Go-Live action plan completed.
Client services support document is provided.
Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or
Project. The City transitions to the next cycle of their relationship with Tyler (next Phase of
implementation or long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities
for the Phase. The Tyler Client Services team will assume ongoing support of the City for systems
implemented in the Phase.
Objectives:
Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler City
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsReconcile project
budget and status of
contract Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phase-
dependent Tyler
project resources
A R I I
Participants Tyler City
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users,
Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement
Projects, building on the completed solution.
Objectives:
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Confirm no critical issues remain for the project teams to resolve.
Determine proper knowledge transfer to the City teams for key processes and subject areas has
occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical LeadsConduct post project
review A R C C C C C C C C C
Deliver post project
report to City and Tyler
leadership
I A R I I C
Release Tyler project
resources A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report City acceptance; Completed report indicating
all project Deliverables and milestones have
been completed
Work package assumptions:
All project implementation activities have been completed and approved.
No critical project issues remain that have not been documented and assigned.
Final project budget has been reconciled and invoiced.
All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
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Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as
provided and described in the Agreement. There are a few assumptions which, when acknowledged and
adhered to, will support a successful implementation. Assumptions related to specific work packages are
documented throughout the SOW. Included here are general assumptions which should be considered
throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed.
The City Project Team will complete their necessary assignments in a mutually agreed upon
timeframe to meet the scheduled go-live date, as outlined in the Project Schedule.
Sessions will be scheduled and conducted at a mutually agreeable time.
Additional services, software modules and modifications not described in the SOW or Agreement
will be considered a change to this Project and will require a Change Request Form as previously
referenced in the definition of the Change Control Process.
Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s)
ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled
on-site or remote sessions, as applicable.
Tyler will provide guidance for configuration and processing options available within the Tyler
software. If multiple options are presented by Tyler, the City is responsible for making decisions
based on the options available.
Implementation of new software may require changes to existing processes, both business and
technical, requiring the City to make process changes.
The City is responsible for defining, documenting, and implementing their policies that result
from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted
City resources will need consistent coaching and reassurance from their leadership team to embrace and
accept the changes being imposed by the move to new software. An important part of change is ensuring
that impacted City resources understand the value of the change, and why they are being asked to
change.
Resources and Scheduling
City resources will participate in scheduled activities as assigned in the Project Schedule.
The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so
may affect the schedule.
Tyler and the City will provide resources to support the efforts to complete the Project as
scheduled and within the constraints of the Project budget.
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Abbreviated timelines and overlapped Phases require sufficient resources to complete all
required work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested
through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be
assessed and documented as part of the change control process.
The City will ensure assigned resources will follow the change control process and possess the
required business knowledge to complete their assigned tasks successfully. Should there be a
change in resources, the replacement resource should have a comparable level of availability,
change control process buy-in, and knowledge.
The City makes timely Project related decisions to achieve scheduled due dates on tasks and
prepare for subsequent training sessions. Failure to do so may affect the schedule, as each
analysis and implementation session is dependent on the decisions made in prior sessions.
The City will respond to information requests in a comprehensive and timely manner, in
accordance with the Project Schedule.
The City will provide adequate meeting space or facilities, including appropriate system
connectivity, to the project teams including Tyler team members.
For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and
the employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist.
The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous
legacy data.
Tyler will work closely with the City representatives to identify business rules before writing the
conversion. The City must confirm that all known data mapping from source to target have been
identified and documented before Tyler writes the conversion.
All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single
approved file layout.
The City will provide the legacy system data extract in the same format for each iteration unless
changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget
and resource availability may occur and/or data in the new system may be incorrect.
The City Project Team is responsible for reviewing the converted data and reporting issues during
each iteration, with assistance from Tyler.
The City is responsible for providing or entering test data (e.g., data for training, testing
interfaces, etc.)
Facilities
The City will provide dedicated space for Tyler staff to work with City resources for both on-site
and remote sessions. If Phases overlap, City will provide multiple training facilities to allow for
independent sessions scheduling without conflict.
The City will provide staff with a location to practice what they have learned without distraction.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and
conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is
completed; the one who ensures the prerequisites of the task are
met and who delegates the work to those responsible. [Also see
RACI]
Application A computer program designed to perform a group of coordinated
functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data
from Tyler software products
Agreement This executed legal contract that defines the products and
services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that
the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements
for contracted software modifications.
Change Request A form used as part of the Change Control process whereby
changes in the scope of work, timeline, resources, and/or budget
are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to
successfully adopt change in order to drive organizational success
& outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process
whereby users equate data (field level) values from the old
system to the values available in the new system. These may be
one to one or many to one. Example: Old System [Field = eye
color] [values = BL, Blu, Blue] maps to New Tyler System [Field =
Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter
experts, and with whom there is two-way communication. [Also
see RACI]
Control Point This activity occurs at the end of each stage and serves as a
formal and intentional opportunity to review stage deliverables
and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the
legacy system will be placed in the new system; this typically
involves prior data analysis to understand how the data is
currently used in the legacy system and how it will be used in the
new system.
Deliverable A verifiable document or service produced as part of the Project,
as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to
conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on
completion of the task or deliverable, and with whom there is
just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services
required for the existence, operation, and management of the
Tyler software.
Interface A connection to and potential exchange of data with an external
system or application. Interfaces may be one way, with data
leaving the Tyler system to another system or data entering Tyler
from another system, or they may be bi-directional with data
both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler
system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide
features or functions to meet individual client requirements
documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s
physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes,
procedures, technologies, and culture, as well as the effect of
such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer
in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related
applications are typically implemented. Phases each have an
independent start, Go-Live and closure dates but use the same
Implementation Plans as other Phases of the Project. Phases may
overlap or be sequential and may have different Tyler resources
assigned.
Project The delivery of the software and services per the agreement and
the Statement of Work. A Project may be broken down into
multiple Phases.
RACI A matrix describing the level of participation by various roles in
completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the
following roles for a given task: Responsible (R), Accountable (A),
Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical
offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or
delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement.
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Solution The implementation of the contracted software product(s)
resulting in the connected system allowing users to meet Project
goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for
individual Phases of the Project.
Standard Software functionality that is included in the base software (off-
the-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement
defining Project-specific activities, services, and Deliverables.
System The collective group of software and hardware that is used by the
organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or
confirm a piece of functionality, configuration, enhancement, or
Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will
be trained relevant to their role in the implementation or use of
the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable,
process, program, or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down
into smaller, more manageable components.
Work Package A group of related tasks within a project.
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Part 4: Appendices
Conversion
Enterprise Permitting & Licensing Conversion Summary
Community Development
Permit Master basic information
Plan Master basic information
Plan & Permit Contacts
Unique (keyed) contacts converted to global contacts
Non-keyed contacts converted to a Memo Custom Field or standard note
Sub-permit Associations – Visible in Workflow and Attached Records
Reviews and Approvals
Projects
Permit Renewals
Bonds and Escrow
Contractors
Workflow based on configured Enterprise Permitting & Licensing template customized only by
inclusion/exclusion based on status, type or class of the associated permit, plan, etc.
Inspections and Inspection Cases
Meetings and Hearings
Activities and Actions
Conditions
Fees
Holds
Notes
Parcels and Addresses
Payments and Fee History
Zones
Code Case Master basic information
Code Requests
Code Case Contacts and Properties
Unique (keyed) contacts converted to global contacts
Non-keyed contacts converted to a Memo Custom Field or standard note
Violations
Fees
Payments
Notes
Business Management
Business Entity (Only for Business Licensing)
License Master basic information
License Contacts
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Unique (keyed) contacts converted to global contacts
Non-keyed contacts converted to a Memo Custom Field or standard note
Reviews and Approvals – Converted to Activity
Fees
Bonds and Escrow
Activities and Actions
Conditions
Notes
Holds
Workflow based on configured Enterprise Permitting & Licensing template customized only by
inclusion/exclusion based on status, type or class of the associated license, code case, etc.
Contractors
Business Types and NAICS Codes
Payment and Fee History
Code Case Master basic information
Code Requests
Code Case Contacts and Properties
Unique (keyed) contacts converted to global contacts
Non-keyed contacts converted to a Memo Custom Field or standard note
Parcels and Addresses
Meetings and Hearings
Violations
Fees
Payments
Notes
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Transaction Types Listing
Enterprise Permitting & Licensing Transaction Type Scope
Building & Safety Permit Types
B&S - Building Commercial
B&S - Building Industrial
B&S - Building Residential
B&S - Demolition
B&S - Electrical Commercial
B&S - Electrical Industrial
B&S - Electrical Residential
B&S - Fire Sprinkler
B&S - Mechanical Commercial
B&S - Mechanical Industrial
B&S - Mechanical Residential
B&S - Plumbing Commercial
B&S - Plumbing Industrial
B&S - Plumbing Residential
B&S - Special Inspection
False Alarm
Limited Collection
Self-Hauling
Regular Solar
Instant Solar
Public Works Permit Types
PW - Dumpster
PW - Encroachment
PW - Grading
PW - Oversize Load
PW - Sewer
PW - Stock Pile
PW - Storm Drain
PW – Street
PW – Drainage Plan
PW – Erosion Control
PW – Easement Checking
PW – Easement Vacation/Dedication
PW – Final Map
PW – Lot Line Adjustment
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PW – Lot Merger
PW – Roadway Dedication
Code Enforcement Transaction Types
CE - Abandoned/Inoperable Vehicle
B&S - Permits Required
B&S - Unsafe Structures
CE - Construction Without Permit
CE - Storage of Debris in Public View
CE - Holiday/Decorative Lighting Display
CE - Damage/Deterioration of Structure
CE - Encroachment
CE - Earthquake Damage
CE - Fire Damage
CE - Fences and Walls
CE - Garage Conversion
CE - Green Pool
CE - Improper Use of Property
CE - Poor Landscaping Conditions
Multiple Infractions
CE - Missing Pool Barrier
CE - Non-accessible Occupancies
CE - Other
CE - Parking on Unpaved Surface
B&S - Damaged/Missing Pool Barrier
CE - Non-Permitted Signs
CE - Temporary Banner
CE - Trash Container
CE - Utility Service Theft
CE - Vehicle Accidents
CE - Water Damage
Business Licensing Types
New Business
New Home-Based Business
New Business Requiring Background Check
Non-Profit
Out of City
Sidewalk Vending
Business License
Business License Renewal
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Planning Transaction Types
PL - Adult Business Application Permit
PL - Administrative Development Review
PL - Animal Permit
PL - Condo Conversion
PL - Certificate of Compliance
PL - Comprehensive Sign Program
PL - Conditional Use Permit
PL - Development Code Amendment
PW - Drainage Plan
PL - Development Review
PW - Easement Checking
PW - Erosion Control Plan
PW - Final Map
PL - Final Tract Map
PL - General Plan Amendment
PW - Lot Line Adjustment
PW - Lot Merger
PL - Minor Conditional Use Permit
PL - Minor Variance
PL - Parking Permit
PL - Public Convenience and Necessity
PL - Preliminary Project Review
PL - Plot Plan Review
PW - Roadway Dedication
PL - Specific Plan
PL - Sign Review
PW - Easement Vacation/Dedication
PL - Tree Permit
PL - Tentative Parcel Map
PL - Temporary Sign Permit
PL - Tentative Tract Map
PL - Temporary Use Permit
PL - Variance
PL - Zone Change
PL - Zoning Clearance
PL - Landscape Permit
Annexation
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Development Agreement
Specific Plan Amendment
Conditional Use Permit Amendment
Density Bonus
Extension of Time
Environmental Mitigation Monitoring Program
Streamlined Plot Plan Review
Appeals
CC&Rs Review
Interpretation
Landscape Plan Check
Mills Act Processing
Projects for which there is no fee category
Quimby Fees (In-Lieu Park Fees)
SEATAC Review
Environmental Review
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Additional Appendices
Enterprise Permitting & Licensing Definitions
“Template Business Transactions”
A pre-defined and pre-configured Enterprise Permitting & Licensing business process from
Enterprise Permitting & Licensing’s “Best Management Template”.
The following modifications to Template Business Transactions are considered within scope:
o Any changes to required inspections within the workflow
o Any changes to the required plan reviews within the workflow
o Adding up to 2 additional actions to the workflow
o Configuration of fees, allowing creation of up to 3 new fees to accommodate
o Any changes to custom field layouts that are directly related to fees or included reports
Customization/Configuration of any of these parameters beyond the scope listed above will
require the respective business process to be considered a “Unique Business Transaction”, as
described below.
Note: All transaction counts are quantified in Appendices, Section 10 of the Statement of Work defined as
“Transaction Types Listing”.
“Unique Business Transactions”
Unique configuration of workflow or business process steps & actions, including output actions
Unique Fee configuration
Unique Custom field configuration
“Geo-Rules”
An automation event that references GIS data. Current geo-rule action types are:
Alert Displays a pop-up with a custom message to the user, notifying them of certain spatial data (i.e., noise
abatement zones; flood zones; etc.).
Block Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no
status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.)
Block with
Override
Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no
status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) However,
the block can be overridden by end-users who have been given the proper securities.
Fee Date Populates the CPI vesting date on the record if vesting maps are used by the jurisdiction.
Field Mapping A custom field or any field inherent in the Enterprise Permitting & Licensing application can automatically
populate with information based on spatial data.
Required Action A workflow action can automatically populate in the workflow details for the particular record (i.e., plan,
permit, code case, etc.) that requires the action based on certain spatial data related to the case.
Required Step A workflow step can automatically populate in the workflow details for the particular record (i.e., plan,
permit, code case, etc.) that requires the step based on certain spatial data related to the case.
Zone Mapping The zone(s) automatically populate on the “Zones” tab of the record (i.e., plan, permit, code case, etc.).
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“Automation Events”
“Intelligent Objects (IO)”
Key components for automatically and reactively triggering geo-rules, computing fees, and
generating emails, alerts, and other notifications.
“Intelligent Automation Agents (IAA)”
A tool designed to automate task in a proactive manner by setting values and generating emails
and other tasks. On a nightly basis, a Windows service sweeps the Enterprise Permitting &
Licensing system looking for IAA tasks that need to be run, then the associated actions are
performed. The IAA does not generate alerts or errors. Custom SQL queries are not Tyler
deliverables.
“Enterprise Permitting & Licensing SDK/API (Toolkits)”
APIs developed by Tyler Technologies for extending the Enterprise Permitting & Licensing
Framework and functionality to external agencies and systems. Full documentation is
available for each toolkit upon request.
Note: The Enterprise Permitting & Licensing toolkits and related documentation are simply tools
that allow clients to create applications and integrations. The purchase of a toolkit/API does not
imply any development related services from Tyler Technologies. The City is responsible for
working with their IT staff and VARs to develop any necessary applications and integrations
except as otherwise noted in the Investment Summary or for any “in-scope” integrations.
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Project Timeline
ERP Project Timeline
The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs
to account for resource availability, business goals, size and complexity of the Project, and task duration
requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to
the Project Stages section of this SOW for information on work packages associated with each stage of the
implementation.
The following dates may be revised based on the date the Agreement is signed and further refined during the
course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate
& Plan Stage.
From kick-off to expected go-live is planned to take 12 months for this phase of the implementation
(Enterprise Permitting & Licensing).
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Exhibit 3
Tyler EnerGov Bid Response is on file with the City Clerk and available upon request.
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Exhibit 4
City of Diamond Bar Request for Proposal (RFP) document is on file with the City Clerk and
available upon request.
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Exhibit 5
Tyler Munis Contract
The original Tyler Munis agreement is over 500 pages and is on file with the City Clerk and
available upon request.
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CONSULTING SERVICES AGREEMENT
This Agreement is made and entered into this 20th day of June, 2023, between
the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and
Go Live Technology, Inc. (hereinafter referred to as “Consultant”).
R E C I T A L S
A. City desires to utilize the services of Consultant as an independent
contractor to provide consulting services to City as set forth in Exhibit "A".
B. 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.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant’s Services
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "A",
dated April 6, 2023.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth
in Exhibit "A" (Consultant’s submitted proposal).
2. Term of Agreement. This contract shall take effect June 20, 2023 and
shall continue until June 30, 2026 or completion of the Scope of Work,
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 schedule 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 $200,000 in
total.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant’s proposal, the
provisions of this Agreement shall control.
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5. Staff and Addresses.
City: Dan Fox, City Manager
Ken Desforges, Director Information Systems
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4177
Consultant: Richard Chenette, President
Go Live Technology, Inc
21703 Ocean Vista Drive #302
Laguna Beach, Ca. 92651
The City has the right to written approval for any change or replacement of
the above-mentioned Consultant staff.
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain, as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act on behalf of City as
an agent. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant’s employees, except as set
forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its agents or employees are in any
manner agents or employees of City.
B. Consultant agrees to pay all required taxes in 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 the workers' compensation law
regarding Consultant and employees of Consultant. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant
to comply with applicable workers' compensation laws. 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
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Consultant failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
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. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with the requirements in
Section 6. Additionally, the City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement for any
amount or penalty levied against the City for Consultant’s failure to comply
with Section 6.
7. 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.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and
save them and each of them harmless from, and all actions, claims,
damages to persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity, corporation,
political subdivision or other organization arising out of the acts, errors or
omissions of Consultant, its agents, employees, subcontractors, or
invitees, including each person or entity responsible for the provision of
services hereunder, excluding liability caused by the negligent or wrongful
acts or omissions of City.
In the event there is more than one person or entity named in the
Agreement as a Consultant, then all obligations, liabilities, covenants and
conditions under this Section 8 shall be joint and several.
9. 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 admitted to do business in California and approved by the City
(1) a policy or policies of broad-form comprehensive general liability
insurance 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 minimum combined single limits
coverage of $500,000.00; (3) automotive liability insurance, with minimum
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combined single limits coverage of $500,000.00; (4) professional liability
insurance (errors and omissions) to cover or partially cover damages that
may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence and at least
$1,000,000 aggregate; and (5) workers' compensation insurance with a
minimum limit of $500,000.00 or the amount required by law, whichever is
greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive
general liability, property damage, and automotive liability. The policy(ies)
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.
B. 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 thirty (30) days
prior written notice thereof. Consultant agrees that it will not cancel,
reduce or otherwise modify the insurance coverage.
C. All policies of insurance shall cover the obligations of Consultant
pursuant to the terms of this Agreement; shall be issued by an insurance
company which is admitted to do business in the State of California or
which is approved in writing by the City; and shall be placed with a current
A.M. Best's rating of no less than A VII.
D. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum workers' compensation insurance
requirements above, and (2) insurance policy endorsements indicating
compliance with all other minimum insurance requirements above, not
less than one (1) day prior to beginning of performance under this
Agreement. Endorsements shall be executed on City's appropriate
standard forms entitled "Additional Insured Endorsement," or a
substantially similar form which the City has agreed in writing to accept.
10. 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
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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.
11. Ownership of Materials. 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.
12. 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.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However,
Consultant shall not terminate this Agreement during the provision of
services on a particular project. 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.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be
performed by Consultant or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own
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employees to the performance of Consultant’s services under this
Agreement, but City 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, for good cause, to require
Consultant to exclude any employee from performing services on City's
premises. Key personnel are listed in Section 5 of this Agreement and
shall not change without prior written approval from the City.
15. 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 non-discrimination
shall include but not be limited to the following: employment, upgrading,
demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal
opportunity employer or that all qualified applicants will receive
consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or
subcontracts for standard commercial supplies or raw materials.
16. 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.
17. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local
governments.
18. 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
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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.
19. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal of 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.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall 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. In the
event the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral, third party
mediation service and the City Council's decision shall be final. 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 referral of any such dispute or
controversy, and mutual good faith efforts to resolve the same thereby,
shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or
controversy.
21. 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, designated in writing pursuant to the provisions of this
section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of
which together shall constitute one and the same instrument.
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24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and
integrated agreement between Consultant and the City. This Agreement
supercedes 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 the City Manager or the Mayor and attested by
the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first written above.
“City"
ATTEST: CITY OF DIAMOND BAR
By: ______ By: ____
Kristina Santana, City Clerk Dan Fox, City Manager
Approved as to form:
By: ____
Omar Sandoval, City Attorney
"CONSULTANT"
By: ____________________________
Richard Chenette, President
Go Live Technology, Inc.
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Exhibit A
Go Live Technology, Inc. Bid Response
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Project Management Services Proposal – Tyler EnerGov Software Implementation
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A. COVER LETTER
April 7, 2023
Mr. Alfredo Estevez
City of Diamond Bar
21810 Copley Drive
Diamond Bar, Ca. 921765
Subject: Project Management for Tyler EnerGov Software Implementation Proposal
Dear Mr. Estevez,
Go Live Technology, Inc. is pleased to submit this proposal for Project Management services needed
to assist the City of Diamond Bar with the implementation of the Tyler EnerGov Enterprise Land
Management System. We appreciate the opportunity to share our approach and qualifications to help
you with this important project.
As a premier provider of enterprise system implementation services, Go Li ve Technology has been
helping public agencies with similar projects since 2006. We specialize in the selection,
implementation, and optimization of enterprise systems, and we have successfully advised numerous
clients on system implementations and upgrades.
We are uniquely qualified for this engagement as we have managed the City's initial City View
implementation and have experience in implementing the new ly selected Tyler EnerGov Land
Management software. We understand the complexities and nuances of land management systems,
and we have the expertise to help the City of Diamond Bar realize the full potential of the Tyler
EnerGov system. Our approach to project management is based on proven methodologies and best
practices, and we work collaboratively with our clients to ensure project success. Richard Chenette is
a highly skilled and experienced project management professional who will be dedicated to this project
and will bring his expertise to bear on the challenges that arise during the implementation.
We would be honored to partner with the City of Diamond Bar on this critical project and are
committed to delivering a high-quality, timely, and cost-effective solution. We guarantee the validity of
the enclosed cost proposal for the period of 120 days beyond the bid opening date of March 27, 2023.
This letter also constitutes that Go Live Technology, Inc. will meet all the City rules and regulations,
and State and Federal nondiscrimination laws. We believe that our extensive experience, expertise,
and commitment to excellence make us the ideal partner for the City of Diamond Bar.
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Thank you for considering our proposal. We look forward to the opportunity to discuss how our firm
can help the City of Diamond Bar achieve its goals. Should you have any questions regarding this
proposal, please do not hesitate to contact us.
Sincerely,
Richard Chenette, President
Go Live Technology, Inc.
21703 Ocean Vista Drive #302
Laguna Beach, CA. 92651
(949) 275-2938
richard@golivetechnology.com
(Authorized to bind Contractor)
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B. TECHNICAL PROPOSAL
Introduction
Legal Name of Corporation: Go Live Technology, Inc.
Contact Person for Agreement: Richard Chenette, President
Mailing Address: 21703 Ocean Vista Drive #302
City, State and Zip Code: Laguna Beach, CA. 92651
E-Mail Address: Richard@golivetechnology.com
Phone: (949) 275-2938
+
Contact Person for Proposals: Richard Chenette
Title: President
Project Manager Richard Chenette has extensive experience in managing and implementing
Enterprise Land Management systems and in fact lead the City View project management
implementation effort at Diamond Bar in 2006. Since that time, he has successfully managed
numerous other land management systems such as Accela, Central Square, Tyler and more. Having
worked with both the existing software (City View) as well as the proposed new software solution
(EnerGov), Richard fully understands the effort required to deliver the scope of service and to achieve
the objectives outlined in this request for proposal.
Qualifications
We are confident that our approach and qualifications will help the City of Diamond Bar to achieve its
goals and objectives. We will develop with input from Tyler and city staff a detailed project plan that
outlines the six phases of the project, including project initiation, project assignments, program
monitoring and controlling, training, installation and integration of software, and project close and
transition. Each phase is critical to the success of the project, and we have designed a plan to ensure
that each task is completed efficiently and effectively. Once all project tasks have all been identified,
resources will be assigned to the project and each task will clearly identify a start and finish date.
These tasks will be monitored and track throughout the project.
Our team is committed to providing exceptional service to our clients, and we will work collaboratively
with the City of Diamond Bar and Tyler Technologies to ensure that the project is completed on time
and within budget. We are confident that our expertise and experience will enable us to provide the
city with the necessary guidance to ensure a successful implementation.
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Project Manager - Resume
Richard Chenette
Accomplished business executive with over 25 years of proven experience in planning, managing
and delivering strategies that support business and financial objectives. Have led key initiatives to
streamline business processes resulting in increased produc tivity and improved user satisfaction.
Respected leader, able to build highly motivated teams focused on achieving project goals.
Expertise
• Project Management • Software Implementation • Process Improvement
• RFP/ Vendor Selection • Contract Negotiations • Resource Management
• Change Management • Systems and Process Analysis • Vendor Management
Highlights of Experience
Go Live Technology, Incorporated, President 2006 – Present
Provide Project Management and Consulting Services to public sector clients since 2006. Perform
strategic planning, contract and scope reviews, project management, and process improvements.
Have experience managing all aspects of the software implementation from vendor selection thru
post go-live. Responsible for delivering IT projects on time and under budget. Intensive experience
with a variety of IT projects including infrastructure, GIS, integration, data conversion and
implementing enterprise-wide applications. Works closely with project sponsor, staff, partners and
vendors to achieve project goals. Has a vast understanding of local city government applications and
processes has managed financial, human resource, payroll, recreation, enterprise cashiering, utility
billing, asset management, and land manageme nt system implementation and upgrades. Worked
with most major vendors including Central Square, Tyler, Accela, Advanced, iNova, Vermont
Systems, Bluebeam and many more.
Sphere Health Systems, Project Manager promoted to General Manager 1998 – 2006
Managed company wide software implementations. Promoted to Senior management in 2002
providing leadership to the following divisions and their managers: Client Services, Product
Development, Support Services and Sales. Lead the implementation of enterprise wide financial and
clinical applications. Develop procedures to improved business progresses resulting in increased
productivity. Provided Chairmen and Board with regular projections, budgets, and reporting matrix.
Planned and executed annual Users Group conference, to maximize sales opportunities from existing
and future clients. Demonstrate leadership skills and strategies to continuously meet Sales and
Customer Service goals.
Richard Chenette – President
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C. SCOPE OF SERVICES
Go Live Technology fully understands the scope of work described in the request for proposal.
This Scope of Services outlines the responsibilities and deliverables for the Project Manager
overseeing this city-wide Land Management implementation project. This project will involve city
employees from every department and therefore, require coordination across all departments.
Go Live’s Project Manager will be responsible for or will assist with the following:
Project Planning: The Project Manager will be responsible for creating a comprehensive Project
Plan that includes timelines, resource requirements, budgets, risks, and issues management. The
plan will be reviewed and updated regularly to ensure that the project remains on track.
Communication Planning: The Project Manager will develop a Communication Plan to ensure that
all stakeholders are informed about the project's progress. The plan will include communication
channels, frequency, and audience.
Change Management Planning: The Project Manager will develop a Change Management Plan to
anticipate and manage any changes that may occur during the project. The plan will include a change
request process, change impact assessment, and change communication.
Test Planning: The Project Manager will be responsible for creating a comprehensive Test Plan that
includes test scenarios, test cases, and testing schedules. The plan will ensure that the project's
outcomes meet the requirements and quality standards.
Training Scheduling: The Project Manager will develop a Training Schedule to ensure that all
stakeholders receive the necessary training to operate the project. The schedule will include training
materials, schedules, and trainers.
Transition Planning: The Project Manager will create a Transition Plan to ensure that the project's
outcomes are effectively transitioned to the end -users. The plan will include post-implementation
reviews, monitoring, and support activities.
Lesson Learned Documentation: The Project Manager will be responsible for creating a Lesson
Learned Document to document the project's outcomes, challenges, and su ccesses. The document
will serve as a reference for future projects and improvement opportunities.
Project Schedule Management: The Project Manager will manage the project schedule to ensure
that the project milestones and deliverables are met. The Project Manager will also monitor the
project's progress against the plan and adjust the plan as necessary.
Vendor Accountability: The Project Manager will hold vendors accountable for delivering their
commitments and meeting the project's quality standards. Th e Project Manager will also manage
vendor relationships and resolve any conflicts that may arise.
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Project Status Meetings: The Project Manager will conduct regular Project Status meetings to
report progress, discuss issues, and resolve problems. The meetings will be attended by all
stakeholders and serve as a platform for collaboration and communication.
Conclusion:
The Scope of Services contained in this proposal outlines the responsibilities and deliverables for the
Go Live Project Manager overseeing your project. The Project Manager will work closely with the
vendor to create a comprehensive Project Plan, while developing Communication, Change
Management, Testing, Training, and Transition Plans, and will create a Lesson Learned Document,
managing project schedule, holding the vendor accountable, and conducting regular Project Status
meetings. The Project Manager will work closely with all departments and stakeholders to ensure the
project's success.
D. CONFLICT OF INTEREST
Go Live certifies that the proposer or proposer’s representative has no financial or business
relationship with the City or County that may have an impact on the outcome of this contract, nor do
we have any current clients who may have a financial interest in the outcome of this contract.
E. LITIGATION
Go Live certifies that the proposer or any team member of any officers or principals have not been
party to any lawsuit involving the performance of software change management duties.
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F. COST PROPOSAL
Price proposal includes our hourly rate, along with a not-to-exceed total price and is based in
accordance with the City’s current scope and requirements.
Employee Hourly Rate Estimated Hours
Richard Chenette $ 125.00 1600
Total Cost $ 200,000.
*Project staff availability and hours are based upon preliminary timeline estimates. It is assumed that
key City staff members are available to fully participate in required project activities and meetings.
Also, artifacts, deliverables, decisions, and milestones requiring management and staff input, effort,
feedback, and approvals are provided to Go Live by defined due dates. Impacts to timelines may
affect Go-Live resource availability. Go Live will work with the city to confirm the project work effort
and timeline prior to the execution of the scope of services.
Throughout the project, Go Live will discuss any disruptions or changes to the timeline that may
impact staffing. Alternative staffing solutions can be considered, if required. Unanticipated delays
caused by the city or vendor could result in additional costs.
G. AGREEMENT
Go Live agrees to all terms and conditions of the Agreement including insurance requirements.
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Agenda #: 5.8
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH AMERICOMP
GROUP IMAGING, LLC, FOR PRINTER MAINTENANCE SERVICES
AND TONERS THROUGH JUNE 30, 2028.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to sign, a Maintenance Services Agreement
with AmeriComp Group Imaging, LLC, for printer maintenance services and toners
through June 2028.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Maintenance Services Agreement and
toner is $150,000 over the five years, approximately $30,000 per fiscal year depending
on printing volume. Sufficient funds are included in the FY 2023/24 budget for such
services. For subsequent fiscal years, the annual amount will be based on the
approved budget.
DISCUSSION:
The City of Diamond Bar ("City") currently has forty-four (44) printers at City Hall and an
additional three (3) printers at the Diamond Bar Center, three (3) printers at Heritage
Park, and one (1) printer at Sycamore Canyon Park for a grand total of fifty (50) printers.
With the current printer maintenance and supply contract expiring June 30, 2023, staff
solicited bids for a new printer maintenance contract with the following requirements:
• Quarterly cleanings for all printers including inspection and service of each
device.
• Four (4) business hour response to all service calls.
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• Diagnosis and all-inclusive repair of covered equipment including parts and labor.
• Service to include 100% Coverage for Maintenance Kits.
• Delivery and installation of supplies.
Separate from the maintenance contract pricing, bidders were to provide individual ink
and toner pricing with the following requirements:
• Supplies for all color printers must be original equipment manufacturer (OEM).
• Supplies for black & white printers must be high yield re-manufactured toners or
OEM.
ANALYSIS:
Consistent with the purchasing ordinance, the City publicly solicited bids. Eight
prospective bidders registered to view the RFP and four vendors submitted bids,
including:
• AmeriComp Group Imaging LLC
• CBE Office Solutions
• Dynamic Advantage Inc
• Pacific Office Automation
The bid response from CBE Office Solutions was not in compliance with the
requirements of the Request for Proposal. The proposal from CBE Office did not offer a
service agreement that the City requested in the RFP and they proposed an alternate
service model that was not requested in the RFP.
The remaining bidders proposed the following annual cost for their respective printer
maintenance contracts:
Bidder Estimated Annual Cost for Service
AmeriComp Group Imaging LLC $9,110.00
Dynamic Advantage Inc $14,400.00
Pacific Office Automation $14,400.00 (8% annual increase after year 3)
The annual total for service from AmeriComp is proposed to be $9,110.00 for years 1-5.
Based on estimated consumption rates for each type of toner in relation to the price
sheets provided the estimated annual cost for supplies is $15,769.01.
Bidder Estimated Annual Toner Cost
AmeriComp Group Imaging LLC $15,769.01
Pacific Office Automation $15,912.24
Dynamic Advantage Inc $21,118.00
The overall annual proposed cost from AmeriComp is $24,879.01 for years 1-5.
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Upon review of all bid responses, staff has determined that AmeriComp Group LLC is
the most responsible bidder. The bid response from AmeriComp has been reviewed by
staff for pricing and compliance, finding that the bid is competitively priced, and meets
all requirements of the RFP and the City’s purchasing policy
*Please note that the $150,000 not to exceed amount requested is greater than the five-
year sum of the estimated annual cost due to the fact that the amount is an estimate
only and future printer usage may be greater than historical averages. Future usage
rates could vary based on need or unforeseen impacts such as COVID-19. However, in
all cases, the City will be charged a set amount for service and charged only for toners
actually purchased. The total amount will not exceed the contract or budget amount.
The City has utilized AmeriComp services in the past and been very satisfied with their
performance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Maintenance Services Agreement as
to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.8.a AmeriComp Contract
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MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2023 by and between the
City of Diamond Bar, a municipal corporation ("City") and AmeriComp Group Imaging, LLC., a
California limited liability company ("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 services set forth in the attached Exhibit "A",
which is incorporated herein by this reference. As a material inducement to the City to enter
into this Agreement, Contractor represents and warrants that it has thoroughly investigated the
work and fully understands the difficulties and restrictions in performing the work. Contractor
represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
Kenneth Desforges, Director of Information Systems (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, 2023, and shall
continue until June 30, 2028 unless earlier terminated pursuant to the provisions herein. This
Agreement may be extended as provided herein.
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
One Hundred and Fifty Thousand Dollars ($150,000) 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. (Any differences
between the Proposal – Exhibit A and this Maintenance Service Agreement, shall be governed
by this document and shall supersede vendors’ proposed terms.)
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. (Any differences between the Proposal
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– Exhibit A and this Maintenance Service Agreement, shall be governed by this document and
shall supersede vendors’ proposed terms.)
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.
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.
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 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, 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
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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 work hereunder or its
failure to comply with any of its obligations contained in this Agreement, regardless of City’s
passive negligence, but excepting such loss or damage which is caused by the sole active
negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s
legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other costs and fees
of litigation. The Contractor shall promptly pay any final judgment rendered against the
Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California and will
survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be
construed to extend to any third party indemnification rights of any kind.
10. Insurance.
A. Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, with an insurance company authorized to do business in the
State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit
coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by
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;
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(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage of
$1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum
limit of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by
the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) 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
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.
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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
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
of 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 the appearance of having any interest which would conflict in any manner with the
performance of its services pursuant to this Agreement.
B. Contractor 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. Contractor'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 thirty (30) 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 thirtieth (30th) day following delivery of the notice. In the event of such termination, City
agrees to pay Contractor for services satisfactorily rendered prior to the effective date of
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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. RESERVED
17. 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, 21825
Copley Drive, Diamond Bar, California, and are available to any interested party on request.
City also shall cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes
the award of a contract for a public work on any public works project awarded after April 1,
2015. This Agreement is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
18. 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.
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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.
19. 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.
20 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.
21. 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.
22. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by City
of any payment to 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.
24. 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 Contractors.
25. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the
parties, may be referred by the parties hereto for mediation. A third party, neutral mediation
service shall be selected, as agreed upon by the parties and the costs and expenses thereof
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shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts
to resolve any such dispute or controversy so submitted to mediation. It is specifically
understood and agreed by the parties hereto that mutual good faith efforts to resolve the same
any dispute or controversy as provided herein, shall be a condition precedent to the institution
of any action or proceeding, whether at law or in equity with respect to any such dispute or
controversy.
26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business
hours or by facsimile before or during regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses heretofore set
forth in the Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
“CONTRACTOR” “CITY”
AmeriComp Group Imaging, LLC. City of Diamond Bar
8780 19th Street #383 21810 Copley Drive
Alta Loma, CA 91701 Diamond Bar, CA 91765-4178
Attn.: Kyle W. Jewell Attn.: City Clerk
Phone: 909-481-1073 Phone: 909-839-7080
E-Mail: kyle.jewell@americompgroup.com E-mail: CityClerk@DiamondBarCA.gov
27. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
28. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
29. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between 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.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor" "City"
AmeriComp Group Imaging, LLC. CITY OF DIAMOND BAR
By: By
Printed Name: Dan Fox, City Manager
Title:
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By: ATTEST:
Printed Name:
Title:
City Clerk
Approved as to form:
By:____
City Attorney
State of California "CONTRACTOR'S" License No. ______ . [If applicable]
CONTRACTOR'S Business Phone ____________________.
Emergency Phone ________________________
at which CONTRACTOR can be reached at any time.
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*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate officer holds more than one corporate office, please
so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the
Agreement, must be provided to the City.
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Exhibit A
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City of Diamond Bar 2023-2026
Printer Maintenance & Supplies
13
ATTACHMENT A
ANNUAL MAINTENANCE FOR 51
MACHINES
Initial & Conclusion Inspections Color Supplies to be OEM
Quarterly Cleanings, Inspections and Service
Monochrome Supplies to be Hi-Yield compatible or
OEM
4-business hour response 100% Guarantee No delivery charge
Diagnosis and repair of covered equipment including parts and labor
Delivery and Installation of Maintenance Kits as needed
Delivery and installation of supplies
Total Amount SERVICE:$9,240.00
Quarterly Billing for Service $2,310.00
PRINTER MAINTENANCE
MODEL QUANTITY ANNUAL $/Unit
12 Month
Total
4th year
Option
5th Year
Option
Brother IF 2920 5 $ 89.00 $ 445.00 $ 445.00 $ 445.00
HP Pro 500 Color M570 3 $ 209.00 $ 627.00 $ 627.00 $ 627.00
HP M506 9 $ 189.00 $ 1701.00 $ 1701.00 $ 1701.00
HP P2035 20 $ 169.00 $ 3,380.00 $ 3,380.00 $ 3,380.00
HP P3015 1 $ 149.00 $ 149.00 $ 149.00 $ 149.00
HP 400M401dw 1 $ 179.00 $ 179.00 $ 179.00 $ 179.00
HP P4015 2 $ 229.00 $ 458.00 $ 458.00 $ 458.00
HP Color LJ CP2025x 1 $ 199.00 $ 199.00 $ 199.00 $ 199.00
HP Color LJ CP4025dn 7 $ 239.00 $ 1,673.00 $ 1,673.00 $ 1,673.00
HP Color M775 1 $ 299.00 $ 299.00 $ 299.00 $ 299.00
TOTALS:49 $ 9,1100.00 $ 9,1100.00 $ 9,1100.00
Total Amount SERVICE:$9,11.00
Total Amount on
ESTIMATED USAGE:$13,036.12
TOTAL FOR SERVICE &
CONSUMABLES $21,847.12
Quarterly Billing for Service $2,202.75
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City of Diamond Bar 2023-2026
Printer Maintenance & Supplies
14
ATTACHMENT B
PRINTER CONSUMABLES NO SHIPPING CHARGES
MODEL TONER DRUM EST. QTY ITEM $ ITEM TOTAL
Brother Intellifax 2920 TN-350 2 $ 89.00 $ 178.00
DR-350 1 $ 95.00 $ 95.00
HP DesignJet T1200 C9370A Photo Black Hi-C 0 $ 99.99 $ -
C9371A Cyan Hi-Cap 0 $ 99.99 $ -
C9372A Magenta Hi-Cap 0 $ 99.99 $ -
C9373A Yellow Hi-Cap 0 $ 99.99 $ -
C9403A Matte Black Hi-Cap 0 $ 99.99 $ -
C9380A Gray/Photo Bk Printhead 1 $ 99.99 $ 99.99
C9383A Cy/Mg Printhead 1 $ 99.99 $ 99.99
C9384A Bk/Yel Printhead 1 $ 99.99 $ 99.99
C9397A Photo Bk Low 1 $ 70.99 $ 70.99
C9398A Cyan Low 1 $ 70.99 $ 70.99
C9399A Magenta Low 1 $ 70.99 $ 70.99
C9400A Yellow Low 1 $ 70.99 $ 70.99
C9401A Gray Low 1 $ 70.99 $ 70.99
C9518A Maintenance Cartridge 1 $ 99.99 $ 99.99
HP M506 CF226X Hi-Yield 7 $ 129.95 $ 909.65
HP Pro 500 Color M570 CE400A BLACK 3 $ 149.99 $ 449.97
CE401A CYAN 2 $ 223.99 $ 447.98
CE402A YELLOW 2 $ 223.99 $ 447.98
CE403A MAGENTA 2 $ 223.99 $ 447.98
HP CP2025X COLOR CC530A BLACK 3 $ 119.99 $ 359.97
CC531A CYAN 2 $ 122.99 $ 245.98
CC532A MAGENTA 1 $ 122.99 $ 122.99
CC533A YELLOW 1 $ 122.99 $ 122.99
HP CP4025X COLOR CE260A BLACK 7 $ 150.99 $ 1056.93
CE261A CYAN 7 $ 289.99 $ 2,029.93
CE263A MAGENTA 7 $ 289.99 $ 2,029.93
CE262A YELLOW 7 $ 289.99 $ 2,029.93
HP P2035 CE505A 10 $ 89.00 $ 890.00
HP P3015 CE255A 1 $ 99.00 $ 99.00
HP 400M401dw CF280A 1 $ 79.00 $ 79.00
HP P4015 CC364A 2 $ 119.00 $ 238.00
HP M402 CF226A 0 $ 79.00 $ -
TOTALS:98 $ 13,036.12
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City of Diamond Bar 2023-2026
Printer Maintenance & Supplies
15
Asset ID & Printer
Information
SERIES MODEL # IP ADDRESS LOCATION ID # SERIAL #
Brother IntelliFax 2920 1 U61326 FAX City Manager 8239 A6J705225
2 U61326 FAX Human Resources 8241 B6J722995
3 U61326 FAX Copy Room 8243 B6J917995
4 U61326 FAX Community Services G1N908723
5 U61326 FAX Heritage Park G1N908709
HP Pro 500 Color M570 MFP1 CZ271A DB Center 8565 CNB9H69FV4
2 CZ271A Heritage Park CNB9J5DMHP
3 CZ271A Sycamore Canyon Park
HP LaserJet M506 1 F2A70A 192.168.1.232 Front Desk 8603 PHBKR16676
2 F2A70A Recreation
3 F2A70A 192.168.1.154 Community Development 8602 PHBKR15317
4 F2A70A 192.168.1.161 Finance 8600 PHBKR16610
5 F2A70A 192.168.1.155 Public Works 8601 PHBKR15349
6 F2A70A Finance
7 F2A70A City Clerk
8 F2A70A DBC Front
9 F2A70A DBC Office
6 Q2427A 192.168.1.164 DBC Office 7904 USGNM19238
2 Q2427A Bldg & Safety 7940 USGNM19240
3 Q5403A 192.168.1.150 City Manager 8240 CNBXB26743
HP LaserJet P2035 1 CE462A 2C768A04BB4B Ryan McLean- CM 8520 CNB9R86269
2 CE462A 2C768A046A2F Anthony Jordan- CS 8521 CNB9R86268
3 CE462A 2C768A04BB78 Bob Rose - Com Ser 8522 CNB9R86272
4 CE462A 2C768A04BB55 Diana Honeywell-Fin 8523 CNB9R86271
5 CE462A 2C768A04BB60 Susan Full - Fin 8524 CNB9R86266
6 CE462A 2C768A04BB77 Grace Lee - CD 8525 CNB9R86264
7 CE462A 2C768A04BB7D Information Services 8530 CNB9R86267
8 CE462A 2C768A04AAAD David Liu - PW 8527 CNB9R86279
9 CE462A 2C768A04BB58 Caroline Tonthat 8528 CNB9R86265
10 CE462A 2C768A04BB67 Jorge Garcia-PW 8529 CNB9R86273
11 CE462A 2C768A04EA51 Greg Gubman - CD 8559 VNB3D86877
12 CE462A Raymond Tao -B&S 8526 CNB9R86270
13 CE462A Anthony Tachias (Sherriff) 8557 VNB3D86870
14 CE462A Amy (Public works) 8558 VNB3D86878
15 CE462A Amy Haug (HR) 8556 VNB3D86860
16 CE462A Ken Desforges 8561 VNB3D98790
17 CE462A DBC Christy Murphy 8567 VNB3246006
18 CE462A 2C768A049A94 City Manager 8531 CNB9R86262
19 CE462A Dir Connect D Bar Center Pine 8232 VNB3272504
20 CE462A Heritage Park 8081 VNB3272502
HP P3015 1 CE528A 192.168.1.163 DBC Front 8566 VNB3Y81329
HP LaserJet 400 M401 1 CZ195A 80C16E902AE7 Emergency Oper’s Center 8563 VNB3D00999
HP LaserJet P4015 1 CB509A 192.168.1.227 Public Information 8519 JPDF305078
5.8.a
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City of Diamond Bar 2023-2026
Printer Maintenance & Supplies
16
2 CB510A 192.168.10.40 Willow Room 8564 JPDF302467
HP Color LaserJet CP2025X 1 CB496A 2C41388325C5 City Manager 8515 CNGS710031
HP Color LaserJet CP4025 1 CC490A 192.168.1.249 Business License 8511 JPDCG5F0X6
2 CC490A 192.168.1.153 James DeStefano-CM 8512 JPDCG5F0VY
3 CC490A Dir Connect Public Information 8514 JPDCG5F0WW
4 CC490A 192.168.1.165 Finance 8513 JPDCG5F0W5
5 CC490A 192.168.1.226 Public Works 8516 JPDCG5F0XQ
6 CC490A 192.168.1.158 Public Information 8464 JPDCG5F0Y2
7 CC490A 192.168.10.41 Willow Room 8560 JPDCG5F0YD
NOTES
5.8.a
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Agenda #: 5.9
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO
VISUAL & SECURITY FOR CONFIGURATION AND INSTALLATION
SERVICES, SECURITY CAMERAS, AND RELATED EQUIPMENT FOR
A NEW VERKADA SECURITY CAMERA SYSTEM AT THE DIAMOND
BAR CENTER.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to sign, a Professional Services Agreement
with Western Audio Visual & Security for configuration and installation services, security
cameras, and related equipment for a new Verkada security camera system at the
Diamond Bar Center.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Professional Services Agreement for
configuration and installation services, security cameras, and related equipment is
$80,228.35. Sufficient funds for such services are included in the FY 2022/23 budget
within the Equipment Maintenance & Replacement Fund (503). The cost of Annual
Maintenance for Year 2 and beyond will be requested as part of the annual operating
budget process beginning with FY 2024/25.
DISCUSSION:
The City of Diamond Bar ("City") currently has 42 surveillance cameras at the Diamond
Bar Center. The cameras at the Diamond Bar Center are connected to a dual Cisco
Video Surveillance Operations Manager (VSOM) located at City Hall. The existing
system was originally installed in 2013. The existing surveillance cameras at the
Diamond Bar Center have been deemed “end of life” by Cisco and need to be replaced.
The City invited proposals from qualified firms to provide a new Verkada Security
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Camera system and required equipment, POE switch, dedicated PC system controller,
required licensing and related implementation services. Verkada leverages some of the
best advancements in the security camera industry including easier system
management, built in storage that eliminates the need for a DVR, AI-based video
analytics, automated alerts, and enhanced license plate reading. Staff solicited bids
based on the following requirements:
• Remove 42 existing end-of-life Cisco Cameras and replace them with new
Verkada Cameras
• Install and mount 42 new Verkada security cameras and associated domes and
assemblies.
• For internal cameras installed on hard lid it is requested that the vendor provide
“Beauty Rings” or “Trim rings” to cover the difference in size between the existing
cameras and the replacement cameras if the replacement cameras are smaller.
• For external cameras installed on Pelco Parapet Mounts either a compatible
camera housing must be provided by the vendor or the parapet mount must be
replaced with a mount compatible with the vendor’s proposed housing and
cameras.
• The Multi-Sensor Dome camera in the Parking lot will require two media
converters a CAT6 to Fiber and a Fiber to CAT6 converter. A mountable
weatherproof enclosure and approximately 700-1000 feet of Fiber optic cable.
• Existing cabling can be used as a pull-through for new cabling on the multi-
Sensor Dome camera in the Parking lot during installation.
• Rental of a Boom lift is highly recommended as the City does not have any
equipment that can reach the current pole-mounted installation location of the
Parking Lot camera
• All cameras must be aimed and focused on their intended image.
• All cameras must be updated to the latest firmware version
• Configure the new cameras to operate at 30 frames per second, at the highest
resolution possible from each camera, and to retain as much data as possible
with a minimum of two weeks retention given the aforementioned parameters
and available capacity.
• Configure a new Cisco 48 Port POE switch to facilitate communication between
the cameras and the Verkada hosting system.
• Configure a dedicated system administration and Viewing computer station
• Firmware for all units must be updated to the latest version.
• Test and verify each camera to validate proper system configuration on the
Network.
• Create documentation for all hardware and associated software listing out key
data including equipment type, user names & passwords, equipment IP address,
MAC address, Serial Numbers, and configuration data.
ANALYSIS:
Consistent with the purchasing ordinance, the City publicly solicited bids. A total of 32
prospective bidders registered to view the RFP, four vendors participated in a site walk
and three vendors submitted a bid. The final cost proposal from each bidder is listed
below:
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Bidder Estimated Annual Cost for Service
Western Audio Visual & Security $80,228.35
X-Act Technology Solutions $80,276.63
C3 Tech $87,386.96
Upon review of all bid responses, staff has determined that Western Audio Visual is the
most responsible bidder. The bid response from Western Audio Visual has been
reviewed by staff for pricing and compliance, finding that the bid is competitively priced,
and meets all requirements of the RFP and the City’s purchasing policy.
The City has utilized Western Audio Visual & Security services in the past and has been
very satisfied with their performance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Professional Services Agreement as
to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.9.a Agreement - Western Audio Visual
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1450836.1
CONSULTANT SERVICES AGREEMENT
Non-Design
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") Western A/V; a
California Corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the 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.
Kenneth Desforges, Information Systems Director 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 June 20, 2023,
and shall continue until June 30, 2024, 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 Eighty Thousand two hundred twenty-eight and thirty-five
cents ($80,228.35) without the prior written consent of the City. The above not to
exceed amount shall include all costs, including, but not limited to, all clerical,
administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
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1450836.1
C. City will pay Consultant the amount invoiced the 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 all deliverables.
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,
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1450836.1
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.
(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
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10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single
limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is
greater.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) days prior written notice thereof. Consultant agrees that it
will not cancel, reduce or otherwise modify the insurance coverage and in the event of
any of the same by the insurer to immediately notify the City.
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.
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1450836.1
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
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1450836.1
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a
result of the performance of this Agreement. Consultant's covenant under this section
shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon 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.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. 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.
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7 Professional Services – Non Design
1450836.1
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (90) days of being notified by the City to proceed and to
diligently prosecute completion of the work within 120 calendar days from such date or
as may otherwise be agreed to by and between the Project Manager and the
Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Liquidated Damages. Consultant shall pay City, or have withheld from
monies due it, as liquidated damages, the sum of 0 Dollars per day for each and every
calendar day's delay in finishing the work within the time specified, including any written
extensions which may be granted, in writing, in accordance with this Agreement.
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
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1450836.1
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. 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.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
27. 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”
Western A/V City of Diamond Bar
21810 Copley Drive
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1450836.1
Diamond Bar, CA 91765-4178
Attn.: Attn.: __City Clerk __________
Phone: Phone: (909) 839-7010
E-Mail: E-mail: CityClerk@DiamondBarca.gov
28. 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.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Consultant" "City"
Western A/V l 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:
By:____
Omar Sandoval, City Attorney
5.9.a
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10 Professional Services – Non Design
1450836.1
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
5.9.a
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11 Professional Services – Non Design
1450836.1
Exhibit A
5.9.a
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June 5, 2023
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Alfredo Estevez
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
aestevez@diamondbarca.gov
Re: Diamond Bar Center Security Camera System Replacement Project
Dear Alfredo,
Thank you for the opportunity to submit our Proposal for the above referenced project based on the specification
sent to all bidders. Our proposal is valid 120 days (or longer if contract negotiations are in progress) from the date
of submittal.
Western AV & Security (WAV), an S-Corp, specializes in the design, sale, installation, and maintenance of Video
Surveillance, Access Control, Intrusion Detection, and Audio Visual Systems. WAV has been providing turnkey AV
& Security solutions to corporate, government, industrial, and educational clients throughout California for the
past 30+ years. WAV is authorized to provide and install all components specified in this Proposal. Please see the
attached document titled, “Relevant Project Experience - Recent Government & Municipality Projects” as proof of
WAV’s experience and qualifications in this market.
WAV understands that the City may request a negotiating process with this proposal.
Statement of Compliance
The Price includes all Engineering, Project Management, Installation, Programming, Equipment, Training, as well
as the inclusion of all applicable Taxes, Prevailing Wages, and Freight Charges for the following specified systems:
1) Diamond Bar Center Security Camera System Replacement Project
BASE PROPOSAL TOTAL: $80,228.35
(Eighty Thousand, Two Hundred and Twenty-Eight Dollars, and Thirty-Five Cents)
ANNUAL LICENSING & PREMIER SERVICE TOTAL : $18,865.00
(Eighteen Thousand, Eight Hundred and Sixty-Five Dollars)
Annual Verkada Cloud Licensing fees & WAV premier Service/Preventative Maintenance Agreement
5.9.a
Packet Pg. 199
June 5, 2023
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Warranty and Preventative Maintenance
The Video Surveillance System is warranted against all defects of materials and workmanship, as a system, as well
as individual components, for a period of 1 Year after date of acceptance, or first used (whichever comes first). If
an individual manufacturer warranties their equipment for a longer period, the manufacturer’s warranty will
apply.
STATE & FEDERAL LAWS: The letter constitutes certification, under penalty of perjury, that WAV will meet all City
rules and regulations, and State and Federal nondiscrimination laws.
The letter constitutes certification, under penalty of perjury, that WAV will meet all City rules and regulations, and
State and Federal nondiscrimination laws.
AGREEMENT:
WAVS agrees to all terms and conditions of the sample agreement provided in the RFP documents. In addition,
WAVS agrees to all insurance requirements stated in the sample contract.
Thank you for your time and consideration and please feel free to call me if you have any questions or need
further information at (714) 637-7272.
Sincerely,
I, John Ward, am the Senior Account Executive authorized to negotiate and bind Western A/V & Security
contractually.
Designated Contact:
John Ward (Senior Account Executive)
Phone / Email: 714-402-2117 / JohnW@WAV1.COM
Address: 1592 N. Batavia Street, Suite 2 Orange, CA, 92867
Designated Construction Manager:
Jeremy Davis (Director of Security)
Phone / Email: 714-928-4198 / JeremyD@WAV1.COM
Address: 1592 N. Batavia Street, Suite 2 Orange, CA, 92867
5.9.a
Packet Pg. 200
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Technical Proposal
Legal Name and Address(es):
Legal Name: Western A/V
DBA: Western Audio Visual & Security
1592 N. Batavia St, Suite 2 12707 High Bluff Dr, Suite 200
Orange, CA, 92867 San Diego, CA, 92130
Approximately 10,000 square feet
(Where this project will be managed)
Annual Revenue:
$12-15 Million annually. Western A/V & Security (WAVS) caters to Corporate America,
Government, and Higher Education.
Number of years Proposer has been in business providing similar systems and support as
specified in the RFP:
Since May of 2005. 18 years.
Dealer Status:
Western A/V & Security is currently in good standing with all the major manufacturers listed
within our proposal for this RFP. Not only does WAV serve as a dealer to the major
manufacturers listed in our design, but WAV also provides complete and ongoing service for this
equipment once installation is complete.
History of Firm, Firms’ credentials, and Firm Size:
Western A/V & Security has 50 employees.
WAV has includes two additional documents that go into further detail about the firm’s history.
The first document is titled “Statement of Qualifications” and the other is titled “Project Team -
Key Personnel”. These documents detail our experience, certifications our staff upholds, and the
types of clients we work with on a daily basis.
Ownership Structure:
Catherine Schellin - President
Jay Schellin - CFO
Steve Hollingsworth - Secretary
5.9.a
Packet Pg. 201
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Firm’s vision and Mission Statement:
The WAV team broke off from a billion-dollar company in 2004. This led us to the vision of being
the best in the business, rather than the biggest. Our team witnessed firsthand how those two
qualities don’t always go together.
“Quality means doing it right when no one is looking” – Henry Ford
A description of the Organizations employees’ longevity & client base:
Longevity: Our team has been working together for 30+ years. The team at Western AV &
Security are all close and most consider each other family. If given the opportunity to work on
this project, you’ll notice the family-like structure and friendships among our team immediately.
Client Base: WAV prides itself on their wide array of clients. WAV works with everyone from
Fortune 500 companies, to government entities. Over the past 10 years, WAV has focused
heavily on catering to and growing its government clientele. The reason being, we understand
the complexity and niche requests that each government agency has. There are no two
government projects of ours that are exactly alike. The references section of this proposal can
attest to our experience of working with government agencies.
Client Proximity:
As stated above, Western A/V & Security does not aspire to be a national or international
company. Our company believes that a major aspect of the Security & Audio Visual industry
pertains to customer service. As shown above, Western A/V & Security has an office in Orange
County and San Diego County. We focus on Southern California clients knowing that our Service
Department can cater to any service-related item, or an emergency situation with ease. Please
refer to the document titled “Recent Government & Municipality Projects” to attest for our
familiarity in the Southern California region.
5.9.a
Packet Pg. 202
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Project Understanding:
Western Audio/Visual & Security has become well known within the Civic and Government
market. As mentioned in the cover letter, our Team has over 30 years of experience with similar
types of equipment and integrated systems that are listed within the RFP for City of Diamond
Bar. Due to our extensive experience, we have a proven track record in providing quality and
efficient system designs, installations, and repair services for our audio-visual and security
systems.
It is evident that our company’s resume and reputation can attest as to why we are the most
qualified & competitive vendor for this RFP.
5.9.a
Packet Pg. 203
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Proposed Approach
Our approach starts with hiring the most qualified people. Your Project Manager, Jesse
Martinez is a 12-year veteran of the Security Industry. Our Director of Security, Jeremy Davis, has
extensive experience with Video Surveillance and has overseen the deployment of industry
leading Video Surveillance solutions across Southern California for the past 20 years. Western
A/V & Security (WAV) has become very familiar and understands that each Municipality project
has unique needs. Jeremy is a recognized “go to” industry expert for Consultants and Suppliers in
the niche world of Municipality style projects. His vast knowledge of security applications are
what set his skills apart.
In the design/build approach, John Ward from our Sales team will sit down with the client
to develop the clients’ wants and needs for each space. Once this is complete, our team
develops a bill of materials and scope of work for each space. This is reviewed with the client to
ensure that it meets all the requirements for the project. This applies to your project as well.
We start off all projects with a Kick-off meeting to ensure that all parties have reviewed
the scope of work together. The better the Scope of Work, the better the project is executed. At
this meeting we will provide the client with one point of contact at our company. Once a fully
executed copy of a contract or a PO is delivered to WAV, Jesse Martinez will be the main point of
contact for The City of Diamond Bar. We like to provide our client with one point of contact to
ensure that communication flows at a swift pace.
Our team follows the steps in our System Milestone Schedule to ensure nothing is
forgotten or left behind. Depending on the project needs, our Project Manager will be on-site to
provide daily or weekly updates on the project.
Once we have completed the implementation and testing, there is another critical piece
which is the training. Over the years we have found out that the best Training comes from the
Engineer who worked with the client to design the system and implement the system. It
eliminates all the questions of “Why” since both parties were part of the design, changes,
deletions, adds, etc.
5.9.a
Packet Pg. 204
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Personnel Staffing Plan
When it comes to Municipality projects, our Project Manager, Jesse Martinez, will put his
best men forward on the job. Due to our experience and extensive resume in Municipality
projects, WAV understands the urgency and niche quality to these systems. Our Engineers &
technicians truly enjoy working on Municipality projects, since we have become the experts in
these systems.
If there is a change in management on the project, WAV would contact The City of
Diamond Bar directly to let them know. We differ from other companies in the fact that we have
two Project Managers that are aware of all ongoing projects.
Project Controls
Our 30 years of experience working with Cities, Counties, and Municipalities has given
our company a competitive edge in this niche market. Our company has found that one major
key in controlling our project costs for these projects starts with a well-defined scope of work.
We then have our Project Manager review that well-defined scope of work with the client in the
kick-off meeting.
Our team utilizes real-time information on our server. So, if any changes are made on our
Bill of Materials, Schedule, Drawings, Programming, Engineering, etc., everyone can see the
exact changes in real time. The Project Management Software also alerts the team of these
changes once they have occurred.
Our warehouse manager also updates the system with equipment and shipping updates,
so our field supervisors have real-time status on every item in the system.
Our field team utilizes TAG Software, which helps provide daily tracking of progress on all
areas of the project including off-site & on-site installation, drawings, and engineering. We can
show you this software in an interview.
In regards to accurate and timely invoices, our Project Managers review and approve of
all Billings before they are sent out, Tuesdays or Fridays.
All of our real-time information systems can be demonstrated or discussed in more
thorough detail during an interview.
5.9.a
Packet Pg. 205
Orange – Los Angeles County San Diego County Arizona
1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12
Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040
Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575
Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
In-Shop Assembly and Fabrication
Once a technician is hired at WAV, the first thing they learn about is the importance of
our in-shop assembly process. In fact, WAV has a room dedicated to in-shop assembly. In this
room, our technicians will build and wire racks prior to coming on-site. In addition, they can load
and test code before bringing the racks and equipment on-site. This process is crucial and
ensures that the on-site installation will go much smoother. Our technicians have a list of tests to
perform before they can bring a rack to the jobsite. The Lead Technician will verify that his team
has performed all of those tests required.
Our Project Managers hold monthly and private meetings with each one of our
technicians. In these meetings, they can be randomly tested on WAV in-shop assembly process.
At that time, they will also inform the Project Managers of any specific areas where they hope to
improve. These private monthly meetings give our Project Managers insight into each
Technicians’ individual strengths. Based on those individual strengths, he will put them in specific
courses to receive accreditations & certifications in that specific field of knowledge.
Testing & Acceptance
Aside from all the good preparation needed on the front-end, one of the most critical
elements will be testing.
Our technicians utilize a quality control checklist, to ensure that all new items of the
system are working properly. Please see this checklist attached. The Lead Technician will always
verify that his team has completed each item on their checklist.
In addition, our Project Manager will perform multiply quality audits throughout the
installation of this project. Please see the quality audit form attached.
Upon final project walk through, the PM (Project Manager) or PE (Project Engineer) will
provide final sign off on the quality control checklist.
Once the installation and testing phases are complete, training will be scheduled.
5.9.a
Packet Pg. 206
Client
Project Name
Project Contact
Representative Contact
Mobile Address
Office City, State, Zip
Email Phone
Date Mobile
Email
Room Room Qty Equipment Shipping Sales Tax Labor Maintenance Bond Cost Per Room TOTAL
Camera System 1 56,504.00$ 400.00$ 5,405.88$ 17,918.47$ 80,228.35$
80,228.35$
MONITORING & MAINTENANCE LEVEL Annual Rate
226,380.00$
NOTES:
Billing Terms:
Date
Billing Inquiries:
100% Equipment Upon Order, Progress Billing for Labor
Client Authorized Signature Printed Name & Title
This quote is valid for 30 days. The sales tax is subject to change—in the event of a an increase, the client agrees to pay the current sales tax rate. This proposal is not to be copied, reproduced or forward to any third party as its contents are the
property of Western Security.
Western Security | 1592 North Batavia Street, Suite 2, Orange, CA 92867 | P 714 637 7272
PROJECT TOTAL:$80,228.35
6/7/2023
aestevez@diamondbarca.gov
Security System Investment Summary
Base Project Total
CLOUD SERVICING FEES / PREMIER
SERVICE 18,865.00$
johnw@wav1.com (909) 839-7083
City of Diamond Bar
Diamond Bar Center - Camera System
John Ward
714.402.2117
(714) 693-7800
Alfredo Estevez
Diamond Bar, CA 91765
1600 S Grand Ave,
5.9.a
Packet Pg. 207
Representative John Ward
Mobile 714.402.2117
Office (714) 693-7800
Email johnw@wav1.com
Revision A
Item Quantity Manufacturer Model Description Unit Price Ext Price
13 Verkada CB52-256TE-HW CB52-TE Outdoor Bullet Camera, 256GB, 30 Days Max 1,076.00$ 13,988.00$
24 Verkada CD52-256-HW CD52 Indoor Dome Camera, 256GB, 30 Days Max 860.00$ 20,640.00$
4 Verkada CD52-256E-HW CD52-E Outdoor Dome Camera, 256GB, 30 Days Max 1,004.00$ 4,016.00$
1 Verkada CH52-1TBE-HW CH52 Outdoor Multi-sensor dome Camera, 1TB, 30 Days Max 2,582.00$ 2,582.00$
1 Verkada ACC-MNT-8 Pendant Cap Mount 50.00$ 50.00$
1 Verkada ACC-MNT-9 Pole Mount, 2nd Generation 150.00$ 150.00$
4 Verkada ACC-MNT-3 L-Bracket Mount 93.00$ 372.00$
1 Verkada ACC-MNT-2 Arm Mount 64.00$ 64.00$
41 Verkada LIC-1Y Verkada 1-Year Camera License 143.00$ 5,863.00$
1 Verkada LIC-CH52-1Y Verkada 1-Year CH52 Multisensor Camera License 430.00$ 430.00$
1 Verkada LIC-VX-1Y 1-Year Viewing Station License 358.00$ 358.00$
1 LG 35WN65CB 35" Ultrawide Curve Display 331.00$ 331.00$
1 Verkada VX52-HW VX52 Viewing Station 358.00$ 358.00$
1 ICC H2-107BP481 48-Port Blank Patch Panel, HD Style, 2U RMS 99.00$ 99.00$
1 B&H CBS250-48P-4X CISCO 48 Port POE+ Switch 1,464.00$ 1,464.00$
48 ICC 20-3426-WH Keystone CAT6 Jacks 5.00$ 240.00$
1 WESTERN WESTERN 1000FT 6-Strand Fiber Optic Cable 1,364.00$ 1,364.00$
2 AXIS T8606 Media Converter - CAT6 to Fiber / Fiber to CAT6 682.00$ 1,364.00$
1 AXIS T98A18-VE MEDIA Converter Mountable Weatherproof Enclosure 397.00$ 397.00$
4 AXIS AXIS T8612 SFP Multi-Mode Fiber Module, 550m Range 106.00$ 424.00$
1 WESTERN WESTERN Boom Lift Rental - 1 Week 1,000.00$ 1,000.00$
OFE All CAT6 Cable is assumed to be existing and in proper working condition. If additionational CAT6 cable is
needed, it will be in addition to this scope
OFE Assumed there is existing adequate rack space for POE/Patch Panels needed to make system operational
OFE Existing pathway and infastructure in place with some form of exisiting cable to use as pull through from
light pole building MDF is assumed to be existing and accessable
55,554.00$
950.00$
950.00$
17,918.47$
17,918.47$
Total Equipment 56,504.00$
Total Labor 17,918.47$
Equipment and Labor Subtotal 74,422.47$
Total Shipping 400.00$
Additional Shipping for Overnight or Large Items -$
Subtotal 74,822.47$
Sales Tax 9.50%5,405.88$
Bond (if required)-$
80,228.35$
Miscellaneous Materials
Installation Hardware & Accessories
Installation & Testing
Integration Labor Sub-Total
Camera System Totals
Integration Labor
Camera System Equipment Sub-Total:
City of Diamond Bar
Diamond Bar Center - Camera System
Camera System
Typical of 1 - Proposal Includes 1
CAMERAS / MOUNTS
VERKADA LICENSING
SWITCHES / DISPLAYS / VIEWING STATION
FIBER / MEDIA CONVERTER
OFE / EXCLUSIONS/ASSUMPTIONS
LIFT
Miscellaneous Materials Sub-Total
Camera System Total
5.9.a
Packet Pg. 208
Agenda #: 5.10
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39-2022 AND 41-2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Adopt Resolution No. 2023-21 (No. 38), declaring the City’s intention to levy and
collect assessments for Landscape Assessment District No. 38 and directing staff
to advertise the Public Hearing to be set for the July 18, 2023 regular meeting;
B. Adopt Resolution No. 2023-22 (No. 39-2022) declaring the City’s intention to levy
and collect assessments for Landscape Assessment District No. 39-2022 and
directing staff to advertise the Public Hearing to be set for the July 18, 2023
regular meeting; and
C. Adopt Resolution No. 2023-23 (No. 41-2021) declaring the City’s intention to levy
and collect assessments for Landscape Assessment District No. 41-2021 and
directing staff to advertise the Public Hearing to be set for the July 18, 2023
regular meeting.
FINANCIAL IMPACT:
District No. 38
The assessment generated by this District in the amount of $276,720, and $218,097 of
the General Fund contribution are approved for the operation and maintenance costs in
the Fiscal Year 2023/24 Budget Special Fund No. 238.
District No. 39-2022
The assessment generated by this District in the amount of $642,890, and $42,560 of
General Fund Contribution (6.62% General Benefit), with a $144,556 Fund Balance
5.10
Packet Pg. 209
Carryover, are approved for the operation and maintenance costs in the Fiscal Year
2023/24 Budget Special Fund No. 239.
District No. 41-2021
The assessment generated by this District in the amount of $301,806, and $11,298 of
General Fund Contribution (3.84% General Benefit), with an $18,692 Fund Balance
Carryover, are approved for the operation and maintenance costs in the Fiscal Year
2023/24 Budget Special Fund No. 241.
BACKGROUND/DISCUSSION:
District No. 38
On April 4, 2023, the City Council adopted Resolution No. 2023-07, ordering the City
Engineer to prepare and file an Engineer's Report related to maintenance of
improvements in Landscaping Assessment District No. 38 and any assessment thereon
for Fiscal Year 2023/24.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
38 which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 18,448 parcels. The amount
assessed upon the lands within District Number 38 for Fiscal Year 2022/23 was $15.00
per parcel. The amount to be assessed for Fiscal Year 2023/24 is to remain at $15.00
per parcel. The assessments will be utilized to maintain the City’s medians and
parkways.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to
finance the capital costs or maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control drainage systems or vector control.
District No. 39-2022
On April 4, 2023, the City Council adopted Resolution No. 2023-08, ordering the City
Engineer to prepare and file an Engineer's Report related to maintenance of
improvements in Landscaping Assessment District No. 39-2022 and any assessment
thereon for Fiscal Year 2023/24.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
39-2022, which is prepared pursuant to provisions of the Landscaping and Lighting Act
of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of operation and
maintenance, a diagram for the District and the assessments.
5.10
Packet Pg. 210
The estimated number of parcels within the District is 1,246 parcels. The draft
Engineer’s Report contains a full and detailed description of the improvements, the
boundaries of the assessment district and contains the proposed assessments upon
assessable lots and parcels of land within the District. Said estimated cost results in a
proposed Single-Family Equivalent (“SFE”) assessment rate of $529.44 for Zone A,
$516.20 for Zone B, and $489.73 for Zone C for Fiscal Year 2023/24. Said proposed
assessments include an authorized annual increase equal to the change in the Los
Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without
further vote or ballot proceeding. The annual CPI from December 2021 to December
2022 was 4.93%.
The assessments will be utilized for the general maintenance of slopes, open space
areas, and the five (5) mini parks within the District.
District No. 41-2021
On April 4, 2023, the City Council adopted Resolution No. 2023-09 ordering the City
Engineer to prepare and file an Engineer's Report related to maintenance of
improvements in Landscaping Assessment District No. 41-2021 and any assessment
thereon for Fiscal Year 2023/24.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
41-2021, which is prepared pursuant to provisions of the Landscaping and Lighting Act
of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of operation and
maintenance, a diagram for the District and the assessments.
The estimated number of parcels within the District is 554 parcels. The draft Engineer’s
Report contains a full and detailed description of the improvements, the boundaries of
the assessment district, and the proposed assessments upon assessable lots and
parcels of land within the District for Fiscal Year 2023/24. Said proposed assessment
amounts for the single-family and multi-family parcels are $557.21 and $512.64,
respectively, an increase of 3% from Fiscal Year 2022/23.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions as to form.
PREPARED BY:
5.10
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REVIEWED BY:
Attachments:
1. 5.10.a Resolution No. 2023-21 (District 38)
2. 5.10.b District 38 FY2023/24 Engineer's Report (Preliminary)
3. 5.10.c Resolution No. 2023-22 (District 39-2022)
4. 5.10.d District 39-2022 FY2023/24 Engineer's Report (Preliminary)
5. 5.10.e Resolution No. 2023-23 (District 41-2021)
6. 5.10.f District 41-2021 FY2023/24 Engineer's Report (Preliminary)
5.10
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RESOLUTION NO. 2023-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT
CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 18, 2023 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 38 (“District”) was
created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§
22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to the City of Diamond Bar Assessment District No. 38 is hereby approved as
filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2023-24 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
38,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, maintenance and servicing of landscaping and any facilities which
are appurtenant thereto or which are necessary or convenient for the maintenance and
servicing thereof, including but not limited to, repair, removal or replacement, grading,
clearing, removal of debris, pruning, fertilization, pest control and weed control, and the
installation or construction of appurtenant facilities, including curbs, gutters, walls,
sidewalks or paving, or water, irrigation, or electrical facilities. Said installation,
maintenance and servicing of the landscaping and installation, maintenance and servicing
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Resolution No. 2023-21
2
of related work shall be within the area of Assessment District No. 38 as shown on Exhibit
“A,” as attached hereto and incorporated by reference. The location and type of
improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 38 for fiscal year 2023-24. Said proposed assessment per lot is
the amount of $15.00, the same amount that was levied in fiscal year 2022-23.
Section 6. This Council hereby fixes 6:30 p.m. on July 18, 2023 in the SCAQMD
Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place
for a hearing before this Council on this question of the levy of the proposed assessments
on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year
2023-24 and hereby gives notice of said hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. The City Clerk shall certify to the adoption of this Resolution, and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 20th day of June 2023.
CITY OF DIAMOND BAR
__________________________
Andrew Chou, Mayor
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Resolution No. 2023-21
3
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the 20th day of June 2023, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
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Resolution No. 2023-21
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Exhibit A
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FY 2023-24
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 38
June 2023
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CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
C ity of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
(This Page Intentionally Left Blank)
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CITY OF DIAMOND BAR PAGE iv
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Table of Contents
Introduction .................................................................................................... 6
Overview ...................................................................................................................... 6
Engineer’s Report and Continuation of Assessments .................................................. 6
Legislative Analysis ....................................................................................................... 7
Plans & Specifications ................................................................................... 10
Fiscal Year 2023-24 Estimate of Cost and Budget ........................................... 13
Budget for Fiscal Year 2023-24 ................................................................................... 13
Method of Assessment Apportionment ......................................................... 14
Method of Apportionment ......................................................................................... 14
Discussion of Benefit .................................................................................................. 14
Special Benefit ............................................................................................................ 16
General Versus Special Benefit .................................................................................. 17
Benefit Finding ........................................................................................................... 18
Method of Apportionment ......................................................................................... 22
Annual Assessment Calculation.................................................................................. 23
Duration of Assessment ............................................................................................. 23
Appeals of Assessments Levied to Property .............................................................. 23
Assessment Funds Must Be Expended Within the District Area ................................ 24
Assessment ................................................................................................... 25
Assessment Diagram ..................................................................................... 27
Assessment Roll ............................................................................................ 29
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CITY OF DIAMOND BAR PAGE v
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
List of Tables
Table 1: FY 2023-24 Estimate of Costs .............................................................................. 13
Table 2: FY 2023-24 Summary Cost Estimate ................................................................... 25
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CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains perimeter and median
landscaping, and other improvements (“Improvements”) to various parts of the City. In
order to fund the maintenance and operation (“Services”) of these projects and
improvements, Landscaping Assessment District No. 38 (“District”) was formed in 1984
by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s
Report ("Report") was prepared to establish the budget for the Improvements (as
described below) that will be funded by the 2023-24 assessments and other revenue, and
to determine the general and special benefits received from the Improvements by
property within the District and the method of assessment apportionment to lots and
parcels. This Report and the assessments have been made pursuant to the Landscaping
and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code
(the "Act") and Article XIIID of the California Constitution (the “Article”).
Engineer’s Report and Continuation of Assessments
The assessments have been continued for over 35 years. In each subsequent year for
which the assessments will be continued, the Diamond Bar City Council (the “Council”)
must direct the preparation of an Engineer’s Report, budgets, and proposed assessments
for the upcoming fiscal year. After the report is completed, the City Council may
preliminarily approve the Engineer’s Report and the continued assessments and establish
the date for a public hearing on the continuation of the assessments. Accordingly, this
Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City
Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
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CITY OF DIAMOND BAR PAGE 7
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2023-24. If so confirmed and approved, the Assessments
would be submitted to the Los Angeles County Auditor/Controller for inclusion on the
property tax rolls for fiscal year 2023-24.
Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District.
To maintain an accurate reference and legally defensible record of the District, pertinent
language used in previous engineer’s reports has been retained herein and is cited in
italics as appropriate.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2023-24 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the
following factors:
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CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
1. The District is drawn to include the entire City; although only parcels deriving special
benefits are included in the assessment rolls. Thus, zones of benefit are not required,
and the assessment revenue derived from real property in the District is expended
only on the Improvements in the District.
2. The Improvements which are constructed and maintained with assessment proceeds
in the District are located in close proximity to the real property subject to the
assessment. The Improvements provide landscaping and other services to the
residents of such assessed property. The proximity of the Improvements to the
assessed parcels provides a special benefit to the parcel being assessed pursuant to
the factors outlined by the Supreme Court in that decision.
3. Due to their proximity to the assessed parcels, the Improvements financed with
assessment revenues in the District benefit the properties in that District in a manner
different in kind from the benefit that other parcels of real property in the City derive
from such Improvements, and the benefits conferred on such property in the District
are more extensive than a general increase in property values.
4. The assessments paid in the District are proportional to the special benefit that each
parcel within that Assessment District receives from the Improvements because:
a. The specific landscaping Improvements and maintenance and utility
costs thereof in the District are specified in this Report; and
b. Such Improvement and maintenance costs in the District are
allocated among different types of property located within the
District, and equally among those properties which have similar
characteristics, such as single-family residential parcels, multi-family
residential parcels, commercial parcels, industrial parcels, etc.
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
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CITY OF DIAMOND BAR PAGE 9
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with services
were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
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CITY OF DIAMOND BAR PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 38, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as follows:
Medians
The landscaped islands to be maintained by the District are located as follows:
Diamond Bar Blvd
Grand Ave
Golden Springs Dr – 57 freeway overcrossing to West City Limits
Golden Prados Dr – Golden Springs Dr to Hopi St
Tin Dr – Great Bend Dr to Diamond Bar Blvd
Lemon Ave – Lycoming St to Golden Springs Dr
Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd
Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr
Pathfinder Rd at Brea Canyon Rd (east of 57 freeway)
Parkways
The landscaped parkways to be maintained by the District are located as follows:
Grand Ave – Summit Ridge to Diamond Bar Blvd, north side
Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side
Golden Springs Dr – Ballena Dr to End of cul-de-sac
Golden Springs Dr – El Encino Dr to Platina Dr
Golden Springs Dr – Rancheria Rd to end of cul-de-sac
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CITY OF DIAMOND BAR PAGE 11
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd
Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac
Brea Canyon Rd – at Gerndal St
Golden Springs Dr – at Adel Ave
Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides
Sunset Crossing Rd – Big Falls Dr to Chapparal Dr
Turf Areas
The landscaped turf areas to be maintained by the District are located as follows:
Diamond Bar Blvd – at Gold Rush Dr
Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond
Bar Center
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials,
supplies, utilities and equipment, as applicable, at each of the locations owned, operated
or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage and lights.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements; or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
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CITY OF DIAMOND BAR PAGE 12
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
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CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Fiscal Year 2023-24 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
The 1972 Act provides that the total costs for providing the maintenance and servicing of
the District Improvements and facilities can be recovered in the assessment spread
including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2023-24 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2023-24 Estimate of Costs
Expenditure Item
Salaries & Benefits (subsidized by General Fund)48,717$
Operating Expenses
Advertising 3,000$
Utilities 160,500$
Maintenance of Grounds/Buildings 61,700$
Professional Services 6,500$
Contract Services
Landscape Maintenance 207,700$
Trees Maintenance 6,700$
Estimated Expenditures 494,817$
Revenue Item
Direct Benefit Assessments 276,720$
Fund Balance Reserves -$
General Fund Contribution 218,097$
Estimated Revenues 494,817$
Budget Allocation to Parcels
Total Assessment BudgetA 276,720$
Total Assessable Parcels 18,448
Assessment per Parcel 15$
LANDSCAPING ASSESSMENT DISTRICT NO. 38
FY 2023-24
A. The Act requires proceeds from the assessments must be deposited into a special fund that has
been set up for the revenues and expenditures of the District. Moreover, funds raised by the
assessment shall be used only for the purposes stated within this Report. Any balance remaining at
the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also
establish a reserve fund for contingencies and special projects as well as a capital improvement fund
for accumulating funds for larger capital improvement projects or capital renovation needs. Any
remaining balance would either be placed in the reserve fund or would be used to reduce future years'
assessments.
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CITY OF DIAMOND BAR PAGE 14
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel."
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CITY OF DIAMOND BAR PAGE 15
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within
the District.
B. Access to Improved landscaped areas and Other Public Improvements within the
District.
C. Improved Views within the District.
D. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
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CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Special Benefit
The District was formed by a different engineer of record. From the original Engineer’s
Report, the primary special benefits on landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. A sense of community pride resulting from well-maintained green
spaces.
3. The enhancement of the value of property which results from the
foregoing benefits.1
In addition, SCI assessment engineers have identified the following special benefits:
Proximity to Improved L andscaped A reas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that
are over and above what otherwise would be provided. Improvements that are over and
above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Access to I mproved L andscaped A reas within the District
Since the parcels in the District are nearly the only parcels that enjoy close access to the
Improvements, they directly benefit from the unique close access to improved
landscaping areas and other public improvements that are provided by the Assessments.
This is a direct advantage and special benefit to property in the District.
1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of
Diamond Bar, dated June 3, 2014
5.10.b
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CITY OF DIAMOND BAR PAGE 17
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Improved V iews within the Assessment Districts
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit = General
Benefit + Special
Benefit
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CITY OF DIAMOND BAR PAGE 18
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
There is no widely-accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District
have close and unique proximity, views and access to the Improvements and uniquely
improved desirability from the Improvements and other properties and the public at large
do not receive significant benefits because they do not have proximity, access or views of
the Improvements. Therefore, the overwhelming proportion of the benefits conferred to
property is special and is only minimally received by property outside the Districts or the
public at large.
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
5.10.b
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CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since the properties outside the District but with frontage abutting the Improvements
cannot be assessed by the District, this is a form of general benefit to other property. The
primary way that parcels outside the district benefit by the Improvements is from views.
Therefore, parcels that abut the landscape areas and are not separated from the
Improvements by a privacy fence are counted for this general benefit. Since very few of
the Improvements lie at the District boundary near occupied parcels, there are very few
parcels in this category. The general benefit to property outside of the District is
calculated as follows.
Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special, because the other Improvements are clearly “over and above” and “particular
and distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
18 Parcels Outside District
18,422 Parcels In the District
18
18 +18,422 =0.10%
Calculation:
Assumptions:
General Benefit to Property Ouside the District
5.10.b
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as major
roads, rail lines and other regional facilities because such properties used for regional
purposes could provide indirect benefits to the public at large. Approximately 4.43% of
the land area in the District is used for such regional purposes, so this is a measure of the
general benefits to property within the District.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted
that these Improvements do not attract the public at large in the same way as park
improvements – and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy landscaping in the
same way as they may visit a park.
One way to measure the special benefit to the general public is by the vehicle trips
through an area with Improvements by people who are not residents within the District.
Of the four ways benefits are conferred (proximity, access, views, extension of a
property’s green space, and creation of lots), the only benefit that is conferred by way of
pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further
reduced to 10% due the brevity of the views and because views are less critically
important and are enjoyed much less often to the average non-resident driver than to a
resident.
Specific data is not available for the number of vehicle trips by non-residents of the
District past the Improvements, which lie mostly on arterial roadways. A conservative
estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of
10% =) 5.00% of the benefits from the other Improvements are general benefits to the
public at large.
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 9.53%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
5.10.b
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CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
0.10%
4.43%
5.00%
9.53%
Although this analysis finds that 9.53% of the assessment may provide general benefits
from the Improvements, the Assessment Engineer establishes a requirement for a
minimum contribution from sources other than the assessments of 10%. This minimum
contribution above the measure of general benefits will serve to provide additional
coverage for any other general benefits.
Current General Benefit Contribution from the City
This general benefit cannot be funded from the Assessments; it must be funded from
other sources such as the City’s General Fund or other non-District funds. These
contributions can also be in the form of in-lieu contributions to the installation and
maintenance of the Improvements such as other City assets that support and protect the
Improvements. The City of Diamond Bar will contribute both monetary and in-lieu
resources to ensure that the general benefits conferred by the proposed Improvements
are not funded by the District’s Assessments.
A summary and quantification of these other contributions from the City is discussed
below:
The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along
the border of the District Improvements. This curb and gutter serves to support, contain,
retain, manage irrigation flow and growth, and provide a boundary for the Improvements.
The contribution from the City towards general benefit from the maintenance,
rehabilitation, and replacement of the curb and gutter is conservatively estimated to be
5%.
The City owns and maintains a storm drainage system along the border of the District
Improvements. This system serves to prevent flooding and associated damage to the
Improvements, and manage urban runoff including local pollutants loading from the
Improvements. The contribution from the City towards general benefit from the
maintenance, and operation of the local storm drainage system is conservatively
estimated to be 5%.
5.10.b
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CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The City owns and maintains local public streets along the border of the District
Improvements. These public streets provide access to the Improvements for its
enjoyment as well as efficient maintenance. The contribution from the City towards
general benefit from the maintenance of local public streets is conservatively estimated
to be 5%.
The value of the construction of the improvements can be quantified and monetized as
an annuity. Since this construction was performed and paid for by non-assessment funds,
this “annuity” can be used to offset general benefit costs and is conservatively estimated
to contribute 10%.
The total General Benefit is liberally quantified at 10% which is entirely offset by the
conservatively quantified total non-assessment contribution towards general benefit
described above of 25%. Therefore, no additional General Benefit must be funded by the
City.
Method of Apportionment
The development of an Assessment methodology requires apportioning to determine the
relative special benefit for each property. As the District was formed by a different
engineer of record, the precise language from the most recent Engineer’s Report is
included below:
The net amount to be assessed upon lands within the District in accordance with this
report is apportioned by a formula and method which fairly distributes the amount
among all assessable lots or parcels in proportion to the estimated benefits to be received
by each lot or parcel from the Improvements, namely the maintenance and servicing of
public landscaping improvements within such District. The maintenance and servicing of
public landscaping improvements installed and constructed in public places in the City of
Diamond Bar provides a special benefit which is received by each and every lot or parcel
within the District, tending to enhance their value.
The primary benefits on landscaping are set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. A sense of community pride resulting from well-maintained green
spaces.
3. The enhancement of the value of property which results from the
foregoing benefits.
5.10.b
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CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The existing land use information indicates that well over 90 percent of the parcels within
the City of Diamond Bar are residences. Because the special benefits derived apply
equally to all residents and parcels, it has been determined that all assessable parcels
would receive the same net assessment.2
A nnual Assessment Calculation
For fiscal year 2023-24 the amount of Assessments for the District is not increased from
prior years. The assessment per parcel is $15.
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, so long as the public
Improvements need to be maintained and improved, and the City requires funding from
the Assessments for these Improvements in the District. As noted previously, the
Assessment can continue to be levied annually after the City Council approves an annually
updated Engineer’s Report, budget for the Assessment, Improvements to be provided,
and other specifics of the Assessment. In addition, the City Council must hold an annual
public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds that the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of
Diamond Bar, dated June 3, 2014
5.10.b
Packet Pg. 239
CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
5.10.b
Packet Pg. 240
CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act,
Article XIIID of the California Constitution, and the order of the City of Diamond Bar City
Council, hereby makes the following Assessment to cover the portion of the estimated
cost of the Improvements, and the costs and expenses incidental thereto to be paid by
the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be
paid by the District for the Fiscal Year 2023-24 is generally as follows:
Table 2: FY 2023-24 Summary Cost Estimate
Salaries & Benefits 48,717$
Operating Expenses & Services 446,100$
Total for Services 494,817$
Less General Fund Contribution (218,097)$
Net Amount to Assessments 276,720$
CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
5.10.b
Packet Pg. 241
CITY OF DIAMOND BAR PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2023-24. For a more particular description of the property, reference is hereby made to
the deeds and maps on file and of record in the office of the County Recorder of the
County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the
Assessment Roll, the amount of the assessment for the Fiscal Year 2023-24 for each parcel
or lot of land within the District.
Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
5.10.b
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CITY OF DIAMOND BAR PAGE 27
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Assessment Diagram
The District boundary is conterminous with the City Limits. The parcels to be assessed in
Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is
on file with the City Clerk of the City of Diamond Bar and includes all those properties
included in the original formation of the District and subsequent annexations. The
following Assessment Diagram is for general location only and is not to be considered the
official boundary map. The lines and dimensions of each lot or parcel within the District
are those lines and dimensions as shown on the maps of the Assessor of the County of
Los Angeles, for Fiscal Year 2023-24, and are incorporated herein by reference, and made
a part of this Diagram and this Report.
5.10.b
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CITY OF DIAMOND BAR PAGE 28
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
5.10.b
Packet Pg. 244
CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Page 29
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
5.10.b
Packet Pg. 245
RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39-2022 AND
DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 18, 2023 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 39-2022 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code
(§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to the City of Diamond Bar Assessment District No. 39-2022 is hereby approved
as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2023-24 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
39-2022,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
Installation, maintenance and servicing of public and private areas and facilities,
including but not limited to, landscaping, sprinkler systems, landscape corridors, ground
cover, shrubs and trees, street frontages, drainage systems, lighting, fencing, graffiti
removal and repainting, and labor, materials, supplies, utilities and equipment, as
applicable, for property owned and/or maintained by the City. Said installation,
maintenance and servicing of the landscaping and installation, maintenance and servicing
of related work shall be within the area of Assessment District No. 39-2022 as shown on
5.10.c
Packet Pg. 246
Resolution No. 2023-22
2
Exhibit “A,” as attached hereto and incorporated by reference. The location and type of
improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 39-2022 for fiscal year 2023-24. Said estimated cost results in
a proposed Single-Family Equivalent (“SFE”) assessment rate of $529.44 for Zone A,
$516.20 for Zone B, and $489.73 for Zone C for fiscal year 2023-24. Said proposed
assessments include an authorized annual increase equal to the change in the Los
Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further
vote or ballot proceeding as authorized by prior majority approval of property owners. The
annual CPI from December 2021 to December 2022 was 4.93%.
Section 6. This Council hereby fixes 6:30 p.m. on July 18, 2023 in the SCAQMD
Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place
for a hearing before this Council on this question of the levy of the proposed assessments
on assessable lots with City of Diamond Bar Assessment District No. 39-2022 for fiscal
year 2023-24 and hereby gives notice of said hearing.
Section 7. The City Clerk shall certify to the adoption of this Resolution, and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 20th day of June 2023.
CITY OF DIAMOND BAR
Andrew Chou, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the 20th day of June 2023, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
5.10.c
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Resolution No. 2023-22
3
Exhibit A
5.10.c
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FY 2023-24
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 39-2022
June 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the
California Constitution
5.10.d
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page i
(This Page Intentionally Left Blank)
5.10.d
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page ii
C ity of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Staff
Dan Fox, City Manager
David Liu, Public Works Director / City Engineer
Hall Ghafari, Public Works Manager
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E., SCI Consulting Group
5.10.d
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page iii
(This Page Intentionally Left Blank)
5.10.d
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page iv
Table of Contents
Introduction .................................................................................................... 1
Overview ...................................................................................................................... 1
Engineer’s Report and Continuation of Assessments .................................................. 2
Legislative Analysis ....................................................................................................... 2
Plans & Specifications ..................................................................................... 5
Fiscal Year 2023-24 Estimate of Cost and Budget ............................................. 7
Budget for Fiscal Year 2023-24 ..................................................................................... 7
Method of Assessment Apportionment ........................................................... 9
Method of Apportionment ........................................................................................... 9
Discussion of Benefit .................................................................................................... 9
Special Benefit ............................................................................................................ 11
General Versus Special Benefit .................................................................................. 13
Benefit Finding ........................................................................................................... 14
Zones of Benefit ......................................................................................................... 17
Method of Apportionment ......................................................................................... 20
Residential Properties ................................................................................................ 20
Vacant/Undeveloped Properties ................................................................................ 20
Other Property Types ................................................................................................. 21
Annual Cost Indexing .................................................................................................. 22
Duration of Assessment ............................................................................................. 22
Appeals of Assessments Levied to Property .............................................................. 22
Assessment Funds Must Be Expended Within the District Area ................................ 23
Assessment ................................................................................................... 24
Assessment Diagram ..................................................................................... 26
Assessment Roll ............................................................................................ 28
5.10.d
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page v
List of Tables
Table 1: FY 2023-24 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: Relative Benefit Levels ........................................................................................ 13
Table 4: Zones of Benefit – Relative Levels ....................................................................... 18
Table 5: FY 2023-24 Summary Cost Estimate ................................................................... 24
5.10.d
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City of Diamond Bar
Landscaping Assessment District No. 39
Engineer’s Report, Fiscal Year 2023-24
Page 1
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of
the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment District No. 39 was formed in 1985 by the
County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this existing District cannot be increased beyond
the previously approved amount of $236.00 per parcel. This assessment amount does
not generate sufficient revenue to fund the District’s improvements and services, and the
annual shortfalls have been funded by the City’s General Fund.
In 2022, the City Council directed that a new assessment be proposed and voted on by
property owners within the District in accordance with Proposition 218 (Article XIIIC and
D or the California Constitution). Their intent was to replace the existing District No. 39
with a new District No. 39-2022 that would adhere to the existing boundary and include
the same improvements and services. These proposed assessments were supported by
52.03% of assessment ballots received from property owners (with each ballot weighted
by the amount of assessments it represented). Therefore, on March 15, 2022 by its
Resolution No. 2022-13, the City Council levied the new assessments for District No. 39-
2022.
This Engineer’s Report ("Report") was prepared to establish the budget for the
Improvements (as described below) that will be funded by the proposed assessments and
other revenue, and to determine the general and special benefits received from the
Improvements by property within the District and the method of assessment
apportionment to lots and parcels. This Report and the assessments have been made
pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the "Act") and Article XIIID of the California
Constitution (the “Article”).
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Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2022, and
were intended to replace the original District No. 39 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2023-24. If so confirmed and approved, the Assessments
would be submitted to the Los Angeles County Auditor/Controller for inclusion on the
property tax rolls for fiscal year 2023-24.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
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Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
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assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with
services were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
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Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 39-2022, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis
courts, other recreational facilities, graffiti removal and repainting, and labor, materials,
supplies, utilities and equipment, as applicable, at each of the locations owned, operated
or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements, or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
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Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
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Fiscal Year 2023-24 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
The 1972 Act provides that the total costs for providing the maintenance and servicing of
the District Improvements and facilities can be recovered in the assessment spread
including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2023-24 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2023-24 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits 33,505$
Operating Expenses
Advertising 3,500
Utilities 134,000
Maintenance of Grounds/Buildings 190,200
Professional Services 6,500
Contract Services
Trail & Landscape Maintenance 161,600
Tree Maintenance 31,000
Weed/Pest Abatement 55,700
Additional Enhancement and Improvement -
Estimated Expenditures 616,005$
Contingencies/Reserves 214,001
Total Budget 830,006$
Revenue Item Amount
Direct Benefit Assessments 642,890$
Carryover from Fund Balance 144,556
General Fund Contribution 6.62%42,560
Estimated Revenues 1 830,006$
1. The Act requires that proceeds from the assessments must be deposited into a special fund that has
been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment
shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal
Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for
contingencies and special projects as well as a capital improvement fund for accumulating funds for larger
capital improvement projects or capital renovation needs. Any remaining balance would either be placed in
the reserve fund or would be used to reduce future years' assessments.
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Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels in the various benefit zones as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcel SFE factor SFEs
Zone A 176 100.0%176.00
Zone B 971 97.5%946.73
Zone C 99 92.5%91.58
Total 1246 1,214.30
Budget Allocation to Parcels Amount
Total Assessment Revenue 642,890$
Total SFEs 1,214.30
Assessment per SFE 1 529.44$
Zone A Assessment Rate 529.44$
Zone B Assessment Rate 516.20$
Zone C Assessment Rate 489.73$
1. The rate shown here is for a single-family home or its equivalent. For the definition of the term
SFE and rates for other types of property, see the section titled, “Method of Assessment
Apportionment” and the sections following it in this report.
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Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel."
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The following benefit categories summarize the types of special benefit to residential,
commercial, industrial, and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity and access to Improved Landscaped Areas and Other Public
Improvements within the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential use that, in absence of the Assessments,
would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
Proximity
Expanded or improved access
Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
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Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved L andscaped A reas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that
are over and above what otherwise would be provided. Improvements that are over and
above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Improved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
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Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial, and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
Creation of Individual Lots for Residential Use that, in Absence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
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Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Table 3: Relative Benefit Levels
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit =General
Benefit +Special
Benefit
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There is no widely accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside the
Assessment District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+Benefit to the
Public at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District have
close and unique proximity, views and access to the Improvements and uniquely
improved desirability and other benefits from the Improvements, and the public at large
does not receive significant benefits because they do not have proximity, access or views
of the Improvements. Therefore, the overwhelming proportion of the benefits conferred
to property is special and is only minimally received by property outside the Districts or
the public at large.
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
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Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are eight parcels outside the District that lie within a half mile travel
distance of one of mini parks within the District. In addition, there are 79 parcels outside
the District that are directly adjacent to areas where brush clearing activity is performed
by the District. The benefits conferred to these properties do not include the Lot Creation
benefit factor, therefore the benefit is reduced by 60%. The general benefit to property
outside of the District is calculated as follows.
87 Parcels Outside District
1,246 Parcels In the District
40%Benefit Factor
87
87 +1,246 x 40%
Assumptions:
Calculation:
General Benefit to Property Ouside the District
=2.61%
Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special because the other Improvements are clearly “over and above” and “particular and
distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
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Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large.
Approximately 1.51% of the land area in the District is used for such regional purposes,
so this is a measure of the general benefits to property within the District.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. There are two ways
in which the public at large can enjoy the improvements, with each counting for half the
general benefit: use of parks, and pass-by trips where landscaped areas can be viewed.
In the case of the mini parks that serve primarily the neighborhood, City staff estimate
that approximately 10% of the users do not live, work or own property in the District. The
general landscape improvements are typically along slopes and open space areas, out of
view of the general public, so no general benefit is conferred for views of landscaping.
Finally, the general benefits conferred to the public at large does not include the benefit
of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of
10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the
public at large.
Total General Benefits
Using a sum of these three measures of general benefit,
2.61%Outside the District
1.51%Inside the District
2.50%Public At Large
6.62%Total General Benefit
Landscaping General Benefit Calculation
we find that approximately 6.62% of the benefits conferred by the Improvements may be
general in nature and should be funded by sources other than the assessment.
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Zones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the
planning and design of the subdivisions and Improvements, and thus include only the
properties in the City of Diamond Bar that are proximate to the Improvements and that
would materially benefit from the Improvements. Certain other properties surrounding
the District were not part of the designed association between the Improvements and the
assessed areas and are generally less proximate to the Improvements. In other words, the
boundaries of the District have been narrowly drawn to include only properties that will
specially benefit from the Improvements and would receive a declining level of service if
the Assessments were not approved.
The SVTA decision indicates:
“In a well-drawn district — limited to only parcels receiving special benefits from
the improvement — every parcel within that district receives a shared special
benefit. Under section 2, subdivision (i), these benefits can be construed as being
general benefits since they are not ‘particular and distinct’ and are not ‘over and
above’ the benefits received by other properties ‘located in the district.’
“We do not believe that the voters intended to invalidate an assessment district
that is narrowly drawn to include only properties directly benefiting from an
improvement. Indeed, the ballot materials reflect otherwise. Thus, if an
assessment district is narrowly drawn, the fact that a benefit is conferred
throughout the district does not make it general rather than special. In that
circumstance, the characterization of a benefit may depend on whether the parcel
receives a direct advantage from the improvement (e.g., proximity to park) or
receives an indirect, derivative advantage resulting from the overall public
benefits of the improvement (e.g., general enhancement of the district’s property
values).”
In the District, the benefit that each parcel receives from the Improvements is direct, and
the boundaries are narrowly drawn to include only parcels that benefit from the
Assessment. However, proximity to the improvements varies somewhat within the
District. In order to most conservatively assure that Assessments are proportional to the
relative benefits in the District, three zones have been created:
A. In the area south of Grand Avenue the concentration of landscaped areas (brush
and slopes) as well as mini parks is the greatest.
B. In the area north of Grand Avenue but south of Pantera Park there is less
concentration of landscaped slopes and brush-cleared areas, but still a high
concentration of mini parks.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 18
C. In the area around and north of Pantera Park there is less concentration of
landscaped slopes and brush-cleared areas and no mini parks within a half mile.
Based on the varying characteristics of these three distinct zones, each of the five benefit
categories have been assigned a benefit factor to estimate the overall relative benefit.
Using Zone A as the benchmark (100%), the other two zones derive less benefit due to
the proximity of relatively fewer improvements. This estimation is summarized below.
Table 4: Zones of Benefit – Relative Levels
Benefit Category Weight
Factor Benefit Factor Benefit Factor Benefit
Proximity & Access 10%100%10.0%75%7.5%75%7.5%
Views 10%100%10.0%100%10.0%75%7.5%
Outdoor Area Ext.10%100%10.0%100%10.0%75%7.5%
Safety & Security 10%100%10.0%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%100%60.0%
Relative Benefit 100.0%97.5%92.5%
Zone A Zone B Zone C
A map of these zones is shown on the following page.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 19
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Landscaping Assessment District No. 39-2022
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Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
Residential Properties
In the District, there is only one type of residential property present: the single-family
home. Other types of residential property, such as multifamily, apartments and
condominiums, are not present. Furthermore, the property in the District is fully
developed, has been stable since its original development in the late 1980s, and is zoned
such that a change in that dominate land use is not expected in the future. As a result,
there is no need for a detailed analysis of population densities to determine relative
benefit for other types of residential properties. Each single-family residential property is
assigned one SFE.
Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the
following discussion is included in the event that properties become vacant in the future.
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Landscaping Assessment District No. 39-2022
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Page 21
The benefit to undeveloped properties is determined to be proportional to the
corresponding benefits for similar type developed properties, but at a lower rate due to
the lack of improvements on the property. A measure of the benefits accruing to the
underlying land is the average value of land in relation to Improvements for developed
property. An analysis of the assessed valuation data from the City of Diamond Bar found
that approximately 45% of the assessed value of improved properties is classified as the
land value. It is reasonable to assume, therefore, that approximately 45% of the benefits
are related to the underlying land and 55% are related to the improvements and the day-
to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.45 per parcel.
Other Property Types
Notwithstanding the foregoing discussion, there are four other types of property uses to
be considered: School, municipal park, water utility, and open space. These are discussed
below.
School Property: Pantera Elementary School lies within the District and may derive some
benefit from the Improvements. However, all benefits that may be derived from the
Improvements are included in the General Benefits calculation noted earlier. Therefore,
the School accrues no further Special Benefit and is not assessed a fee.
Municipal Park: Pantera Park lies partly within the District. However, all benefits that
may be derived from the improvements are included in the General Benefits calculation
noted earlier. Therefore, the park accrues no further special benefit and is not assessed
a fee.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 22
Annual Cost Indexing
The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for
the Los Angeles-Riverside-Orange County area as of December of each succeeding year
(the “CPI”). The maximum authorized assessment rate is equal to the maximum
assessment rate in the first fiscal year the Assessment was levied adjusted annually by the
change in CPI.
Duration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued
every year after their formation, so long as the public Improvements need to be
maintained and improved, and the City requires funding from the Assessments for these
Improvements in the District. As noted previously, the Assessment can continue to be
levied annually after the City Council approves an annually updated Engineer’s Report,
budget for the Assessment, Improvements to be provided, and other specifics of the
Assessment. In addition, the City Council must hold an annual public hearing to
continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds that the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 23
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 24
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act,
Article XIIID of the California Constitution, and the order of the City of Diamond Bar City
Council, hereby makes the following Assessment to cover the portion of the estimated
cost of the Improvements, and the costs and expenses incidental thereto to be paid by
the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be
paid by the District for the Fiscal Year 2023-24 is generally as follows:
Table 5: FY 2023-24 Summary Cost Estimate
Salaries & Benefits 33,505$
Operating Expenses & Services 582,500
214,001
Total Budget 830,006$
Less General Fund Contribution (42,560)
Less Carryover (144,556)
Net Amount to Assessments 642,890$
Enhancements / Improvements / Reserves
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 25
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2023-24. For a more particular description of the property, reference is hereby made to
the deeds and maps on file and of record in the office of the County Recorder of the
County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the
Assessment Roll, the amount of the assessment for the Fiscal Year 2023-24 for each parcel
or lot of land within the District.
Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 26
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39-2022 are shown on the Assessment Diagram, which is on file with the City Clerk of
the City of Diamond Bar and includes all those properties included in the original
formation of the District and subsequent annexations. The following Assessment Diagram
is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and
dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal
Year 2023-24, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 27
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 28
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
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RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41-2021 AND
DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 18, 2023 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 41-2021 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code
(§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to the City of Diamond Bar Assessment District No. 41-2021 is hereby approved
as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2023-24 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
41-2021,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance and
servicing thereof, including but not limited to, repair, removal or replacement, grading,
clearing, removal of debris, pruning, fertilization, pest control and weed control, and the
installation or construction of appurtenant facilities, including curbs, gutters, walls,
sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and
servicing of the landscaping and installation, maintenance and servicing of related work
shall be within the area of Landscape Assessment District No. 41- 2021 as shown on
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Resolution No. 2023-23
2
Exhibit "A" as attached hereto and incorporated by reference. The location and type of
improvement are shown on Exhibit "A."
Section 5. Reference is hereby, made to the Engineer's Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Landscape Assessment District No. 41-2021 for fiscal year 2023-24. Said proposed
assessment amounts for the single-family and multi-family parcels are $557.21 and
$512.64, respectively, an increase of 3% from fiscal year 2022-23. Said proposed
assessments include an authorized annual increase equal to the change in the Los
Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further
vote or ballot proceeding, not to exceed 3%, as authorized by prior majority approval of
property owners. The annual CPI from December 2021 to December 2022 was 4.93%.
The 3% cap is in effect.
Section 6. This Council hereby fixes 6:30 p.m. on July 18, 2023 in the SCAQMD
Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place
for a hearing before this Council on this question of the levy of the proposed assessments
on assessable lots with City of Diamond Bar Assessment District No. 41-2021 for fiscal
year 2023-24 and hereby gives notice of said hearing.
Section 7. The City Clerk shall certify to the adoption of this Resolution, and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 20th day of June 2023.
CITY OF DIAMOND BAR
__________________________
Andrew Chou, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at the regular meeting of
the City Council of the City of Diamond Bar held on the 20th day of June 2023, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
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Resolution No. 2023-23
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Exhibit A
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FY 2023-24
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
June 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California
Constitution
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page ii
(This Page Intentionally Left Blank)
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page iii
C ity of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page iv
(This Page Intentionally Left Blank)
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page v
Table of Contents
Introduction .................................................................................................... 1
Overview ...................................................................................................................... 1
Engineer’s Report and Continuation of Assessments .................................................. 2
Legislative Analysis ....................................................................................................... 2
Plans & Specifications ..................................................................................... 5
Fiscal Year 2022-22 Estimate of Cost and Budget ............................................. 7
Budget for Fiscal Year 2023-24 ..................................................................................... 7
Method of Assessment Apportionment ........................................................... 9
Method of Apportionment ........................................................................................... 9
Discussion of Benefit .................................................................................................... 9
Special Benefit ............................................................................................................ 11
General Versus Special Benefit .................................................................................. 13
Benefit Finding ........................................................................................................... 15
Method of Apportionment ......................................................................................... 17
Residential Properties ................................................................................................ 18
Vacant/Undeveloped Properties ................................................................................ 18
Other Property Types ................................................................................................. 19
Annual Assessment Calculation.................................................................................. 19
Duration of Assessment ............................................................................................. 20
Appeals of Assessments Levied to Property .............................................................. 20
Assessment Funds Must Be Expended Within the District Area ................................ 20
Assessment ................................................................................................... 21
Assessment Diagram ..................................................................................... 24
Assessment Roll ............................................................................................ 25
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page vi
List of Tables
Table 1: FY 2023-24 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: FY 2023-24 Summary Cost Estimate ................................................................... 21
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 1
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains turf areas, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of
the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment
District No. 41 was formed in 1985 by the
County of Los Angeles prior to the
incorporation of the City of Diamond Bar.
Upon incorporation in 1989, the City assumed
jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this
existing District cannot be increased beyond
the previously approved amount of $280.00
per parcel. This assessment amount does not
generate sufficient revenue to fund the
District’s improvements and services, and the
annual shortfalls have been funded by the
City’s General Fund.
In 2021, the City Council directed that a new
assessment be proposed and voted on by property owners within the District in
accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their
intent was to replace the existing District No. 41 with a new District No. 41-2021 that
would adhere to the existing boundary and include the same improvements and services.
These proposed assessments were supported by 87.55% of assessment ballots received
from property owners (with each ballot weighted by the amount of assessments it
represented). Therefore, on July 6, 2021 by its Resolution No. 2021-33, the City Council
levied the new assessments for District No. 41-2021.
This Engineer’s Report ("Report") was prepared to establish the budget for the
Improvements (as described below) that will be funded by the proposed assessments and
other revenue, and to determine the general and special benefits received from the
Improvements by property within the District and the method of assessment
apportionment to lots and parcels. This Report and the assessments have been made
pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the "Act") and Article XIIID of the California
Constitution (the “Article”).
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 2
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and
were intended to replace the original District No. 41 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2023-24. If so confirmed and approved, the Assessments
would be submitted to the Los Angeles County Auditor/Controller for inclusion on the
property tax rolls for fiscal year 2023-24.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 3
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 4
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with services
were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 5
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 41-2021, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, at each of the locations owned, operated or
maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements; or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
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Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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Fiscal Year 2022 -22 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
The 1972 Act provides that the total costs for providing the maintenance and servicing of
the District Improvements and facilities can be recovered in the assessment spread
including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2023-24 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2023-24 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits 51,788$
Operating Expenses
Advertising 3,500
Utilities 78,000
Maintenance of Grounds/Buildings 13,800
Professional Services 6,500
Contract Services
Landscape Maintenance 65,000
Tree Maintenance 21,200
Weed/Pest Abatement 60,300
Capital Improvements 0
Estimated Expenditures 300,088$
Contingencies/Reserves 31,708
Total Budget 331,796$
Revenue Item Amount
Direct Benefit Assessments 301,806$
Carryover from Prior Year 18,692
General Fund Contribution 3.84%11,298
Estimated Revenues 1 331,796$
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
1. The Act requires that proceeds from the assessments must be deposited
into a special fund that has been set up for the revenues and expenditures
of the District. Moreover, funds raised by the assessment shall be used only
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for the purposes stated within this Report. Any balance remaining at the
end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year.
The District may also establish a reserve fund for contingencies and special
projects as well as a capital improvement fund for accumulating funds for
larger capital improvement projects or capital renovation needs. Any
remaining balance would either be placed in the reserve fund or would be
used to reduce future years' assessments.
Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100%410.00
Condominium Parcels 144 92%132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed 301,806$
Total SFEs 542.48
Assessment per SFE 1 557.21$
Single-Family Assessment 557.21$
Condominium Assessment 512.64$
1. The rate shown here is for a single-family home or its equivalent. For the
definition of the term SFE and rates for other types of property, see the
section titled, “Method of Assessment Apportionment” and the sections
following it in this report.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel."
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ENGINEER’S REPORT, FISCAL YEAR 2023-24
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The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within
the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential and commercial use that, in absence of
the Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
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Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved Landscaped Areas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements
that are over and above what otherwise would be provided. Improvements that are over
and above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Improved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
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Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
Creation of Individual L ots for R esidential Use that, in A bsence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit = General
Benefit + Special
Benefit
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There is no widely-accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District
have close and unique proximity, views and access to the Improvements and uniquely
improved desirability from the Improvements and other properties and the public at large
do not receive significant benefits because they do not have proximity, access or views of
the Improvements. Therefore, the overwhelming proportion of the benefits conferred to
property is special and is only minimally received by property outside the Districts or the
public at large.
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Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are 23 parcels outside the District that are directly adjacent to areas
where slopes are maintained by the District. The benefits conferred to these properties
do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%.
The general benefit to property outside of the District is calculated as follows.
23 Parcels Outside District
554 Parcels In the District
40%Benefit Factor
23
23 +554
Assumptions:
Calculation:
General Benefit to Property Ouside the District
x 40%=1.59%
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Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special, because the other Improvements are clearly “over and above” and “particular
and distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large. The
District boundaries are narrowly drawn to include only the residential areas within the
neighborhood, and there are no regional facilities within the District. Therefore, the
indirect and derivative general benefits to property within the District are zero.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted
that these Improvements do not attract the public at large in the same was as park
improvements, and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy slope improvements
in the same way as they may visit a park.
However, certain slopes maintained by the District may provide some enhancement to
views enjoyed by the public as they drive past. Approximately 25% of the slopes and
linear green areas maintained by the District lie along arterial roadways that carry a high
percentage of traffic not associated with people who are not residents or property owners
within the District. While there are not statistics available as to what percentage of pass-
by vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is
assumed. Finally, of all the types of benefits conferred by the Improvements, passersby
only benefit from views, which are estimated at 10% of the total benefits. Therefore, we
find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general
benefits to the public at large.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
1.59%
0.00%
2.25%
3.84%
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are designated a SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
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ENGINEER’S REPORT, FISCAL YEAR 2023-24
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Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit
are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and
zero-lot line houses are included in this category of single-family residential property. If
there is more than one single family detached dwelling on a parcel, it will be charged one
SFE per single family detached dwelling.
Another residential property type in the District is the condominium. These properties
benefit from the Improvements in proportion to the average number of people who
reside in multi-family residential units versus the average number of people who reside
in a single-family home (Population Density Factor, or PDF). Using the total population of
each property type in the City from recent Census data and dividing it by the total number
of such households reveals that approximately 3.42 persons occupy each single-family
residence, whereas an average of 2.48 persons occupy each condominium. The ratio of
2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for
condominiums.
The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other
benefit categories are applicable to condominiums in full measure. The calculation of the
overall SFE factors are summarized below.
Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10%100%10.0%73%7.3%
Views 10%100%10.0%73%7.3%
Outdoor Area Extension 10%100%10.0%73%7.3%
Safety & Security 10%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%
TOTAL Benefit 100%100%92%
SFR CondoWeight
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments)
in the District, and none are foreseen in the near future. Therefore, no SFR-based
assessment rate is calculated.
Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the
following discussion is included in the event that properties become vacant in the future.
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The benefit to undeveloped properties is determined to be proportional to the
corresponding benefits for similar type developed properties, but at a lower rate due to
the lack of improvements on the property. A measure of the benefits accruing to the
underlying land is the average value of land in relation to Improvements for developed
property. An analysis of the assessed valuation data from the City of Diamond Bar found
that approximately 45% of the assessed value of improved properties is classified as the
land value. It is reasonable to assume, therefore, that approximately 45% of the benefits
are related to the underlying land and 55% are related to the improvements and the day-
to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.45 per parcel.
Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to
be considered: Water utility and open space. These are discussed below.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
The property in the District is fully developed, has been stable since its original
development in the late 1980s, and is zoned such that a change in the predominately
residential land use is not expected in the future. As a result, there is no analysis of type,
size and population densities for other uses such as commercial, industrial and
institutional properties.
A nnual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which
adjustment shall be based upon actual costs, including any reasonable reserves,
supported by an Engineer’s Report prepared in accordance with Article XIIID of the
California Constitution. If the Engineer’s Report does not support an increase or supports
a reduction in the assessment, then the assessment shall not be increased or shall be
lowered as applicable.
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Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, so long as the public
Improvements need to be maintained and improved, and the City requires funding from
the Assessments for these Improvements in the District. As noted previously, the
Assessment can continue to be levied annually after the City Council approves an annually
updated Engineer’s Report, budget for the Assessment, Improvements to be provided,
and other specifics of the Assessment. In addition, the City Council must hold an annual
public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels the Assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 21
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act,
Article XIIID of the California Constitution, and the order of the City of Diamond Bar City
Council, hereby makes the following Assessment to cover the portion of the estimated
cost of the Improvements, and the costs and expenses incidental thereto to be paid by
the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be
paid by the District for the Fiscal Year 2023-24 is generally as follows:
Table 3: FY 2023-24 Summary Cost Estimate
Salaries & Benefits 51,788$
Operating Expenses & Services 248,300
Capital Expenses/Reserves 31,708
Total Budget 331,796$
Less General Fund Contribution (11,298)
Less Carryover (18,692)
Net Amount to Assessments 320,498$
Fund and Budget Summary Fiscal Year 2023-24
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 22
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2023-24. For a more particular description of the property, reference is hereby made to
the deeds and maps on file and of record in the office of the County Recorder of the
County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the
Assessment Roll, the amount of the assessment for the Fiscal Year 2023-24 for each parcel
or lot of land within the District.
Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 23
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 24
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 41-2021 are shown on the Assessment Diagram, which is on file with the City Clerk of
the City of Diamond Bar and includes all those properties included in the original
formation of the District and subsequent annexations. The following Assessment Diagram
is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and
dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal
Year 2023-24, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 25
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
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Agenda #: 5.11
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Consulting Services Agreement
with Prince Global Solutions, LLC, for Federal advocacy services through June 30,
2024.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The
amount is based on a monthly retainer of $4,000 plus up to $2,500 in direct expenses.
The Fiscal Year 2023/24 Operating Budget includes sufficient funds for such services.
BACKGROUND:
Prince Global Services, LLC, (PGS) has been providing Federal advocacy services
directly to the City since 2017. The main focus of the Consultant's services has been on
the City's efforts in collaboration with the local, regional, and federal partners to secure
funds and support for the State Route SR-57/SR-60 Confluence Project (Project). Over
the years, the City has been actively pursuing funding opportunities to expedite the
Project delivery to ensure that the Project progresses without a suspension. These
efforts led to the successful completion of the construction of Phases I and II of the
Project, the design of Phase III, and filling the funding gap of the Phase III construction.
Now that the Phase III of the Project is fully funded and ready to commence
construction in summer 2023, the City will consider focusing on the missing Westbound
SR-60 Direct Connector to the Grand Avenue component (WB Connector). The WB
Connector was recommended by the 2017 SR-57/SR-60 Confluence Project
Supplemental Needs Study (Study). The Study was supported by the City and other
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local and regional agencies and implemented by the Southern California Association of
Governments (SCAG).
Additionally, the City is actively pursuing funding for various projects, including multiple
parks projects at the Federal level, with support provided by PGS.
DISCUSSION:
On July 15, 2022, the City Council approved an agreement with the Consultant for
Federal advocacy services. That agreement is set to expire on June 30, 2023. As a
continuation of the advocacy work and consistent with the City's 2024-2027 Strategic
Plan, PSG submitted a proposal in response to the City's request (Exhibit "A"). The
Consultant's proposed scope of work for the Fiscal Year 2023/24 includes, but is not
limited to, the following:
1. Work closely with the San Gabriel Valley Congressional delegation, Senate and
House Committee staff, Federal Agency officials, and relevant stakeholder
groups on matters which support the City’s Federal priorities.
2. Continue advocating for the 57/60 Confluence Project before Congress and the
United State Department of Transportation (DOT), despite the fact the 57/60
Confluence Project's mainline improvements are underway and the City, Los
Angeles Metropolitan Transportation Authority (LA Metro), and the City of
Industry are not currently pursuing Federal funding or policy initiatives for the
Project. Whenever it becomes necessary, PGS will pursue any Federal funding
or policy initiatives in support of the Project as directed by DB;
3. Support future applications for funding from DOT and other agency discretionary
grant programs;
4. Facilitate requests for Congressional earmarks to support various City
infrastructure projects;
5. Monitor and engage pertinent Congressional consideration of legislation that is of
interest to the City;
6. Continue advocating for other policy measures and legislation that will assist the
City in securing Federal funding to support local priorities;
7. Consider and monitor other legislation, regulations, and agency actions that
would benefit or affect the City;
8. Consider and coordinate Congressional and DOT site visits to the City and
otherwise as appropriate; and
9. Plan and coordinate the City’s visits to Washington, DC, as directed and
recommend other visits when appropriate.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.11.a Agreement with Prince Global Solutions for Fiscal Year 2023/24
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023, by and
between the City of Diamond Bar, a municipal corporation ("City") and Prince Global
Solutions, LLC ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the services set forth in the attached
Exhibit "A", which is incorporated herein by this reference. As a material inducement
to the City to enter into this Agreement, Consultant represents and warrants that it
has thoroughly investigated the work and fully understands the difficulties and
restrictions in performing the work. Consultant represents that it is fully qualified to
perform such consulting services by virtue of its experience and the training,
education and expertise of its principals and employees.
Director of Public Works/City Engineer (herein referred to as the "City's Project
Manager"), shall be the person to whom the Consultant will report for the
performance of services hereunder. It is understood that Consultant shall coordinate
its services hereunder with the City's Project Manager to the extent required by the
City's Project Manager, and that all performances required hereunder by Consultant
shall be performed to the satisfaction of the City's Project Manager and the City
Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2023, and
shall continue until June 30, 2024 ("Term"), unless earlier terminated pursuant to the
provisions herein.
3. Compensation.
A. City agrees to compensate Consultant for services which Consultant
performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A".
B. The City shall pay Consultant a retainer in monthly increments of $4,000.
C. Total payment to Consultant pursuant to this Agreement shall not
exceed Fifty thousand five hundred ($50,500) without prior written consent of the
City. This amount shall include all costs, including, but not limited to, all clerical,
administrative, overhead, telephone, travel and all related expenses.
D. Notwithstanding the above, if the City requests Consultants to travel,
Consultant shall, upon submission of receipts evidencing the cost incurred, be paid
for necessary and reasonable travel expenses in an amount not to exceed $2,500.
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4. Payment.
A. Consultant shall submit to City an invoice for the services completed,
authorized expenses and authorized extra work actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. Payment will be made only after submission of proper invoices.
D. City will pay Consultant the amount property invoiced within 30 days of
receipt, which sum shall be paid within 30 days of completion of the work.
E. Payment shall constitute payment in full for all services, authorized
costs and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change
in the scope or complexity of work, or for any other reason, shall be made unless
and until such extra services and a price therefore have been previously authorized
in writing and approved by the City Manager or his designee as an amendment to
this Agreement. The amendment shall set forth the changes of work, extension of
time, if any, and adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation,
or liability on behalf of City or otherwise act on behalf of City as an agent, except as
specifically provided herein. Neither City nor any of its agents shall have control over
the conduct of Consultant or any of Consultant's employees, except as set forth in
this Agreement. Consultant shall not, at any time, or in any manner, represent that it
or any of its agents or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. In the event
that City is audited by any Federal or State agency regarding the independent
contractor status of Consultant and the audit in any way fails to sustain the validity of
a wholly independent contractor relationship between City and Consultant, then
Consultant agrees to reimburse City for all costs, including accounting and attorney's
fees, arising out of such audit and any appeals relating thereto.
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C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right
to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for
any amount or penalty levied against the City for Consultant's failure to comply with
this Section.
8. Standard of Performance. Consultant shall • perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage,
possess any and all licenses which are required to perform the work contemplated
by this Agreement and shall maintain all appropriate licenses during the
performance of the work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from
and against all liability, loss, damage, expense, cost (including without limitation
reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of
every nature arising out of or in connection with:
(1) Any and all claims under Workers' Compensation Act and other
employee benefit acts with respect to Consultant's employees or Consultant's
contractor's employees arising out of Consultant's work under this Agreement; and
(2) Any and all claims arising out of Consultant's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City's passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the
City. Should City in its sole discretion find Consultant's legal counsel unacceptable,
then Consultant shall reimburse the City its costs of defense, including without
limitation reasonable attorneys' fees, expert fees and all other costs and fees of
litigation. The Consultant shall promptly pay any final judgment rendered against the
Indemnitees. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of
California and will survive termination
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of this Agreement. Except for the Indemnitees, this Agreement shall not be construed
to extend to any third-party indemnification rights of any kind.
(3) To the fullest extent permitted by law, the Consultant agrees to
indemnify and hold indemnitees entirely harmless from all liability arising out of any
claim, loss, injury to or death of persons or damage to property caused by the
negligent professional act or omission in the performance of professional services
pursuant to this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company
authorized to do business in the State of California and approved by the City the
following insurance:
(1) A policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Consultant, its officers, employees,
agents, and independent contractors in performance of services under this
Agreement;
(2) Property damage insurance with a minimum limit of $500,000.00
per occurrence;
(3) Automotive liability insurance written on an occurrence basis
covering all owned, non-owned and hired automobiles, with minimum
combined single limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is
greater.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and
that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the
addition of additional insureds to the policy) by the insurance carrier without the
insurance carrier giving City at least ten (10) days prior written notice thereof.
Consultant agrees that it will not cancel, reduce or otherwise modify the insurance
coverage and in the event of any of the same by the insurer to immediately notify the
City.
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D. All policies of insurance shall cover the obligations of Consultant
pursuant to the terms of this Agreement and shall be issued by an insurance company
which is authorized to do business in the State of California or which is approved in
writing by the City; and shall be placed have a current A.M. Best's rating of no less
than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance
policy endorsements or a copy of the insurance policy evidencing the additional
insured requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to
the effectiveness of this Agreement. Failure by Consultant as primary insured to pay
its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Consultant's due to such failure in order to secure
defense and indemnification as an additional insured under the policy, City may
include such amounts as damages in any action against Consultant for breach of this
Agreement in addition to any other damages incurred by City due to the breach,
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Consultant fails to keep the insurance
required under this Agreement in full force and effect, City may take out the
necessary insurance and any premiums paid, plus 10% administrative overhead,
shall be paid by Consultant, which amounts may be deducted from any payments
due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor to the City for review and approval. All insurance for subcontractors
shall be subject to all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this Agreement.
Notwithstanding the foregoing, to the extent Consultant prepares reports of a
proprietary nature specifically
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for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this
Agreement shall be and remain the property of City without restriction or limitation
upon its use or dissemination by City. Consultant may, however, make and retain
such copies of said documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with
generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and
other information (collectively, the "records") pertaining to the costs of and completion
of services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement.
Consultant shall maintain all such records for a period of at least three (3) years after
termination or completion of this Agreement. Consultant agrees to make available all
such records for inspection or audit at its offices during normal business hours and
upon three (3) days' notice from the City, and copies thereof shall be furnished if
requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any
manner with the performance of its services hereunder. Consultant further covenants
that, in performance of this Agreement, no person having any such interest shall be
employed by it. Furthermore, Consultant shall avoid the appearance of having any
interest which would conflict in any manner with the performance of its services
pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to
City as a result of the performance of this Agreement. Consultant's covenant under
this section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without cause
upon thirty (30) days' written notice to Consultant. The effective date of termination
shall be upon the date specified in the notice of termination, or, in the event no date
is specified, upon the thirtieth (30th) day following delivery of the notice. In the event
of such termination, City agrees to pay Consultant for services satisfactorily rendered
prior to the effective date of termination. Immediately upon receiving written notice of
termination, Consultant shall discontinue performing services, unless the notice
provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
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16. Personnel/Designated Person. Consultant represents that it has, or
will secure at its own expense, all personnel required to perform the services under
this Agreement. All of the services required under this Agreement will be performed
by Consultant or under it supervision, and all personnel engaged in the work shall
be qualified to perform such services.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties
pursuant to this Agreement, and will comply with all rules and regulations of City
relating thereto. Such nondiscrimination shall include but not be limited to the
following: employment, upgrading, demotion, transfers, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity
employer or that all qualified applicants will receive consideration for employment
without regard to race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or
subcontracts for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work
provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work during the term.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the
delay, Consultant must document any delay and request an extension of time in
writing at the time of the delay to the satisfaction of City. Any extensions granted shall
be limited to the length of the delay outside Consultant's control. If Consultant
believes that delays caused by the City will cause it to incur additional costs, it must
specify, in writing, why the delay has caused additional costs to be incurred and the
exact amount of such cost within 10 days of the time the delay occurs. No additional
costs can be paid that exceed the not to exceed amount absent a written amendment
to this Agreement. In no event shall the Consultant be entitled to any claim for lost
profits due to any delay, whether caused by the City or due to some other cause.
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21. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of
no effect.
22. Compliance with Laws. Consultant shall comply with all applicable
laws, ordinances, codes and regulations of the federal, state, and local governments.
23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party
of any one or more of the conditions of performance under this Agreement shall not
be a waiver of any other condition of performance under this Agreement. In no event
shall the making by City of any payment to Consultant constitute or be construed as
a waiver by City of any breach of covenant, or any default which may then exist on
the part of Consultant, and the making of any such payment by City shall in no way
impair or prejudice any right or remedy available to City with regard to such breach
or default.
24. Reserved.
25. Mediation. Any dispute or controversy arising under this Agreement, or
in connection with any of the terms and conditions hereof, which cannot be resolved
by the parties, may be referred by the parties hereto for mediation. A third party,
neutral mediation service shall be selected, as agreed upon by the parties and the
costs and expenses thereof shall be borne equally by the parties hereto. The parties
agree to utilize their good faith efforts to resolve any such dispute or controversy so
submitted to mediation. It is specifically understood and agreed by the parties hereto
that mutual good faith efforts to resolve the same any dispute or controversy as
provided herein, shall be a condition precedent to the institution of any action or
proceeding, whether at law or in equity with respect to any such dispute or
controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
other addresses as the parties may, from time to time, designate in writing pursuant
to the provisions of this section.
"CONSULTANT" "CITY"
Prince Global Solutions, LLC
P.O. Box 711572
Herndon, VA 20171
Attn.: Kevin Jones
Phone: (202) 550-9800
E-mail:kevin@princeqlobalsolutions.com
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Daniel Fox, City Manager
Phone: (909) 839-7010
E-mail: DFox@DiamondBarCa.Gov
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27.Governing Law. This Agreement shall be interpreted, construed
and enforced in accordance with the laws of the State of California. The
venue for any action brought under this Agreement shall be in Los Angeles
County.
28.Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be the original, and all of
which together shall constitute one and the same instrument.
29.Entire Agreement.This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all
prior oral or written negotiations, representations or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by
a person duly authorized to do so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this
Agreement as of the date first written above.
“Consultant”“City”
Prince Global Solutions, Inc.CITY OF DIAMOND BAR
By:By:
Printed Name: Kevin D. Jones, Esq.Daniel Fox, City Manager
Title: President and Sole Corporate Officer
ByBy:ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:
Omar Sandoval
''NOTE:if Consultant is a corporation, the City requires the following signature(s):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 Trea surer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. ORThe corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
9 Professional Services –Non-Design
129253
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Exhibit “A”
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
kevin@princeglobalsolutions.com
202-550-9800
PGS
SCOPE OF WORK -- FEDERAL ADVOCACY SERVICES
CITY OF DIAMOND BAR, CA
JULY 1, 2023 -- JUNE 30, 2024
Consistent with the City of Diamond Bar’s updated 2024-2027 Strategic Plan, the
following Scope of Work (and Cost Statement) sets forth the role of Kevin Jones and Prince
Global Solutions (PGS) in pursuing the City’s Federal goals and objectives.
This engagement in Washington on Federal legislation and regulation, the Federal
Budget, Federal funding and grants, Federal policy development and Federal Agency activity,
will be consistent with the City's commitment to the responsible stewardship of public
resources and the development of a safe, sustainable and healthy Diamond Bar community.
This Scope of Work delineates the goals, priority actions, general legislative matters, day-
to-day responsibilities and costs for the City of Diamond Bar’s (DB) Federal Government Affairs
Representative -- Kevin Jones (PGS) -- from July 1, 2023 through June 30, 2024.
PGS expects to focus on the following activities in furtherance of DB’s Washington
objectives over the next calendar year. As always, this list will necessarily change during the
course of the year:
1)Work closely with the San Gabriel Valley Congressional delegation, Senate and House
Committee staff, Federal Agency officials, and relevant stakeholder groups on matters
which support DB's Federal priorities.
2)Continue advocating for the 57/60 Confluence Project before Congress and the
Department of Transportation (DOT), despite the fact the 57/60 Confluence Project's
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
kevin@princeglobalsolutions.com
202-550-9800
mainline improvements are underway and DB, LA Metro and the City of Industry are not
currently pursuing Federal funding or policy initiatives for the Project. Whenever it
becomes necessary, PGS will pursue any Federal funding or policy initiatives in support
of the Project as directed by DB;
3)Support future DB applications for funding from DOT and other agency discretionary
grant programs;
4)Facilitate requests for Congressional earmarks to support various DB infrastructure
projects;
5)Monitor and engage pertinent Congressional consideration of legislation that is of
interest to DB;
6)Continue advocating for other policy measures and legislation that will assist DB in
securing Federal funding to support local priorities;
7)Consider and monitor other legislation, regulations and agency actions that would
benefit or affect DB;
8)Consider and coordinate Congressional and DOT site visits to DB and otherwise as
appropriate; and
9)Plan and coordinate DB visits to Washington, DC as directed and recommend other
visits when appropriate.
To accomplish the goals and objectives set forth in this Scope of Work, PGS proposes
compensation in the form of a fixed fee monthly retainer of $4,000. If DB requires Kevin
Jones to travel in furtherance of this Scope of Work, DB will reimburse PGS for necessary
and reasonable travel expenses in an annual amount not to exceed $2,500.
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
kevin@princeglobalsolutions.com
202-550-9800
To support the above-described Scope of Work, PGS will consider and monitor a variety
of legislative matters, including, but not limited to, the following:
1.Consideration of Federal infrastructure investment laws and legislation.
2.Congressional appropriations-related earmarks and legislation;
3.Federal matters that are pertinent to important local DB objectives and
priorities, such as transportation and park development projects.
4.Federal transportation law and related policy initiatives, including, but not
limited to:
a.Reauthorization of Federal transportation law;
b.Annual Transportation, Housing & Urban Development Appropriations
Bill, which includes funding for transportation and park development
projects;
c.Freight and goods movement initiatives;
d.Issues of significance to national trade gateways and trade corridors.
e.Measures to increase efficiency in transportation project development,
delivery, design and construction;
f.Innovative financing proposals;
g.Consideration of public-private partnerships to support transportation
projects;
h.Proposals to create new transportation loan and grant programs and to
expand or constrict existing programs;
i.Transportation-related air quality and environmental review measures.
As described in detail below, PGS will keep DB informed about pertinent developments
on a regular basis and propose options for direct actions in furtherance of DB’s objectives:
Regular Communications, Strategy Formulation and Execution
Regularly communicate with DB staff on all matters, utilizing whatever means are
preferred by DB and are most practicable under the circumstances. This will include
telephone calls, e-mails, and text messages.
Agree upon strategic objectives with DB staff and modify as needed.
Regularly agree upon execution plans with DB staff.
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
kevin@princeglobalsolutions.com
202-550-9800
Relationship Building and Maintenance
Build and maintain relationships with Congressional and Executive Branch staff is
dictated by the strategy and execution plans approved by DB.
Establish general guidelines and priorities for regular interaction with such staff in
consultation with DB.
Balance contacts with Congressional and Executive Branch staff
Coordinate the timing of these contacts.
Manage DC message points based on priorities set by DB.
Regular reporting to DB regarding the interaction with Congressional and Executive
Branch staff.
Arranging regular interaction for Congressional and Executive Branch staff with DB
officials wherever appropriate and possible.
Place particular emphasis on developing strong working relationships with DB’s
Member of Congress and California Senators, as well as strategic alliances with other
Members of the California Congressional delegation, especially those from DB’s
region.
Intelligence Gathering and Monitoring of Federal Legislation and Regulations
Accumulate information relevant to DB’s goals from:
o Personal Interaction with Congressional and Executive Branch staff,
(meetings, telephone conferences, and electronic communications),
o Congressional hearings and markups and
o Executive Branch rulemakings, announcements regarding Federal funding
availability, webinars, etc...
Monitor, research and analyze pertinent Federal legislation.
Monitor, research and analyze pertinent Federal regulations.
Regularly analyze and report to DB on gathered intelligence.
Regularly analyze and report to DB on the status and substance of pertinent legislation
and regulations.
Monitoring, Analyzing and Pursuing Relevant Funding Opportunities
Actively monitor and analyze relevant Federal funding opportunities for DB at the
Congressional and Executive Branch levels.
Advise DB of specific funding opportunities as they arise and recommend strategies for
pursuing those opportunities.
Assist DB in the process of requesting and applying for Federal funding.
Provide strategic and logistical support for all requests and applications as
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Kevin D. Jones, Esq., President
Prince Global Solutions, LLC
P.O. Box 711572, Herndon, VA 20171
kevin@princeglobalsolutions.com
202-550-9800
appropriate.
Monitoring, Analyzing and Impacting Relevant Policy Making Activities
Actively monitor and analyze legislative and regulatory initiatives, particularly those
that may affect the allocation of relevant Federal funding.
Advise DB when it would be in its best interest to weigh in on such initiatives.
Devise strategies for engaging this process.
Interaction with Trade Groups and Representation at DC Events
Serve as DB’s representative in connection with relevant trade associations and
relevant DC events.
Strategize with DB about how best to leverage the relationship with an association and
other organizations to further DB’s interests.
Provide information regarding DB and inform of DB policy positions.
Participate in strategy formulation that furthers DB’s best interests.
Work with DB to ensure that DB’s interests remain paramount throughout these
interactions.
Planning of DB Visits to Washington
At the direction of DB, propose and develop a schedule of meetings for DB officials in
Washington as needed.
Agree upon substantive strategy and message points for each meeting.
Contact Congressional and Executive Branch staff to request meetings.
Gather intelligence from Congressional and Executive Branch staff while arranging
meetings to assist in strategy formulation and crafting message points.
Adjust meeting schedule as necessary based on intelligence gathered.
Coordinate timing of meetings.
In consultation with DB, prepare and distribute white papers and other materials that
will inform Federal officials about issues to be discussed during the meetings.
Planning of Visits to DB by Congressional Members, Executive Branch Officials and their
Respective Staffs
As appropriate and practicable, propose and coordinate visits to DB by Federal
officials to provide them with first hand exposure to various priority issues of Federal
import affecting DB.
Work with DB to identify prospective visits.
Extend invitations and work with DB to plan agendas and logistics.
Agree upon substantive strategy and message points for the visits.
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Agenda #: 5.12
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FOURTH AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S INC. FOR MECHANICAL AND
BUILDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE
AND REPAIR SERVICES THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, Fourth Amendment to the
Maintenance Services Agreement with Trane U.S. Inc. dba Trane through June 30,
2024.
FINANCIAL IMPACT:
The total not-to-exceed amount for FY 2023/24 would be $72,700, including $52,000 for
scheduled preventative maintenance and $20,700 for as-needed services and repairs.
Sufficient funds are included in the amount of $72,700 in the Fiscal Year 2023/24
Operating Budget to cover the cost of such services. This includes the vendor’s request
for a CPI increase of 2.8% pursuant to the Original Agreement.
BACKGROUND/DISCUSSION:
Over the years, the City has upgraded a number of its mechanical and building
automation systems (BAS) with new Trane equipment. The current systems provide a
more consistent environment in the facilities and a comprehensive method to manage
our energy consumption. Preventative maintenance is a cornerstone in managing
mechanical equipment's repair cost, efficiency, and life expectancy. This amendment
will continue our comprehensive preventative maintenance program for all City facilities
while ensuring all current warranties remain in place.
The City currently has three facilities that have building automation systems in place,
which provide staff with the ability to remotely monitor the mechanical operations of the
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seventeen (17) pieces of equipment and to make changes to schedules, setpoints,
airflow, and temperature to optimize the overall efficiency of the systems.
The initial term of the Original Agreement entered into on June 18, 2019, was from July
1, 2019, to June 30, 2020. Consistent with Section 2 of the Original Agreement, Term of
Agreement, the City Council has the option to extend the Agreement for up to five (5),
one (1)-year additional terms. This proposed extension represents the Fourth
Amendment through June 30, 2024.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.12.a Fourth Amendment - Trane
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1694877.1
FOURTH AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Fourth Amendment to Maintenance Services Agreement (“Fourth Amendment”)
is made and entered into as of June 21, 2023, by and between the City of Diamond Bar, a
municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the
“Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Maintenance Services
Agreement dated as of June 18, 2020, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated
as of June 16, 2020, Second Amendment dated as of June 15, 2021 and Third Amendment
dated as of June 21, 2022 which amendments are incorporated herein by this reference
and are along with the Original Agreement, collectively referred to herein as the
"Agreement"; and
C. The City and the Contractor desire to amend the Agreement as provided
herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Term. The Term of the Agreement as set forth in Section 2 therein is from
July 1, 2020 to June 30, 2023. This Fourth Amendment extends the Term up to and
including June 30, 2024.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Agreement was the sum of seventy thousand six hundred sixty-four dollars ($70,664)
per fiscal year. Section 3 of the Agreement is hereby amended to provide for an increase
of two thousand thirty-six dollars ($2,036) so that the total not-to-exceed compensation for
the fiscal year July 1, 2023 to June 30, 2024, shall not exceed seventy-two thousand seven
hundred dollars ($72,700) without the prior authorization of the City.
4. Integration. This Fourth Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all prior
negotiations between the parties with respect hereto. This Fourth Amendment amends, as
set forth herein, the Agreement and except as specifically amended hereby, the Agreement
shall remain in full force and effect. To the extent that there is any conflict or inconsistency
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1694877.1
between the terms and provisions of this Fourth Amendment and the terms and provisions
of the Agreement, the terms and provisions of this Fourth Amendment shall control.
IN WITNESS hereof, the parties enter into this Third Amendment on the year and
day first above written.
“CONTRACTOR” “CITY”
Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR
*By: By:
Printed Name: Dan Fox
Title: City Manager
*By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If
only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
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Agenda #: 5.13
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO ROAD MAINTENANCE SERVICES
AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR
MAINTENANCE SERVICES THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the First Amendment to the Road
Maintenance Services Agreement with CT&T Concrete Paving, Inc.
FINANCIAL IMPACT:
The total not-to-exceed amount for the Original Agreement was $600,000. This
proposed amendment adds $810,000, bringing the total amended not-to-exceed
amount of the Agreement to $1,410,000. Sufficient funds in the amount of $810,000 are
included in the FY 2023/24 Budget to cover the cost of such services.
BACKGROUND AND ANALYSIS:
On June 21, 2022, the City Council approved the one (1) year contract (Original
Agreement) with the option to approve up to six (6) extensions, in increments of no less
than one year, upon successfully demonstrating exemplary work performance for road
maintenance services with CT&T Concrete Paving Inc. (CT&T). The Original Agreement
is set to expire on June 30, 2023.
Overall, CT&T’s performance has met City’s expectations. Therefore, a First
Amendment is proposed to extend the Original Agreement term through June 30, 2024.
Pursuant to the Original Agreement, a unit price increase of 2.8% was negotiated and
applied to the unit prices in the Original Agreement using March to March Consumer
Price Index for the Los Angeles-Anaheim-Riverside Metropolitan Area. The adjusted
unit prices are provided in Exhibit "A" of the proposed First Amendment (Attachment 1).
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Consistent with the Original Agreement, the scope of work includes maintenance of
asphalt concrete pavement, concrete sidewalks, parking lots, roadway markings, storm
drains, parkway drains, block walls, and emergency call-outs. The work will be directed
by staff on an as-needed basis within the budgeted resources available. The agreement
is based on unit prices, and CT&T will be paid for the actual quantity of each line item
performed as measured in the field during construction. Each unit price includes all
labor, material, equipment, overhead, and profit attributable to that scope of work.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.13.a First Amendment to Agreement with CT&T
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973895.1
FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is
made and entered into as of June 30, 2023, by and between the City of Diamond Bar, a
municipal corporation (“City”), and CT&T (herein referred to as the “Contractor”) with
reference to the following:
A. The City and the Contractor entered into that certain Maintenance Services
Agreement dated as of June 21, 2022, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Contractor desire to amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from June 21, 2022 to June 30, 2023. This First Amendment extends the Term up to and
including June 30, 2024.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of Six Hundred Thousand Dollars ($600,000).
Section 3 of the Original Agreement is hereby amended to provide for an increase of Eight
Hundred Ten thousand Dollars ($810,000) so that the total not-to-exceed compensation,
as amended by this First Amendment shall not exceed One Million Four Hundred Ten
Thousand Dollars ($1,410,000) without the prior authorization of the City.
4. Integration. This First Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This First Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this First Amendment and the terms and provisions of
the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and
day first above written.
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Agenda #: 5.14
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE SERVICES THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Second Amendment to the
Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc. through
June 30, 2024.
FINANCIAL IMPACT:
The annual not-to-exceed amount of the proposed Second Amendment for Fiscal Year
2023/24 will be $445,000, including the vendor’s request for a CPI increase of 2.8%
pursuant to the Original Agreement. Sufficient funds in the amount of $445,000 are
included in Fiscal Year 2023/24 Operating Budget to cover the cost of such services.
BACKGROUND/DISCUSSION:
Parkwood Landscape Maintenance, managed by City staff, has maintained thirteen (13)
City-owned-or-maintained parks and facilities. On June 15, 2021, the City Council
approved a one-year agreement with Parkwood Landscape Maintenance, Inc. to
provide landscape maintenance services (Original Agreement). Per the Original
Agreement, the City Council has the option to extend the agreement for up to five years,
in increments of no less than one year. Overall, Parkwood’s performance has met City’s
expectations, and this is evident in the City facilities they maintain. Therefore, this
Second Amendment is proposed to extend the term of the Agreement through June 30,
2024.
LEGAL REVIEW:
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The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.14.a Parkwood Landscape Maintenance Inc. - Second Amendment exec
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Agenda #: 5.15
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH MCE CORP. FOR LANDSCAPE SERVICES THROUGH JUNE
30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, First Amendment to the Maintenance
Services Agreement with MCE Corporation through June 30, 2024.
FINANCIAL IMPACT:
The annual not-to-exceed amount of the proposed First Amendment for Fiscal Year
2023/24 will be $473,100, including the vendor’s request for a CPI increase of 8%.
Sufficient funds in the amount of $473,100 are included in the Fiscal Year 2023/24
Operating Budget to cover the cost of such services.
BACKGROUND:
MCE Corporation, managed by City staff, has maintained the three Landscape
Assessment Districts (LADs) within the City. On June 16, 2020, the City Council
approved a three-year agreement with MCE Corporation, to provide landscape
maintenance services (Original Agreement). The City Council has the option to extend
the agreement for up to three one-year terms. Overall, MCE’s performance has met
City’s expectations, which is evident in the areas they maintain. Therefore, this first
Amendment is proposed to extend the term of the Agreement through June 30, 2024.
Per the terms of the Original Agreement, MCE Corporation was not eligible for a CPI
increase until the commencement of this first extension.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.15.a First Amendment - MCE Corporation
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FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement ("First Amendment") is
made and entered into as of June 20, 2023, by and between the City of Diamond Bar, a
municipalcorporation ("City"), and MCE Corporation (herein referred to as the "Contractor")
with reference to the following:
A. The City and the Contractor entered into that certain Maintenance $ervices
Agreement dated as of June 16, 2A2A, which is incorporated herein by this reference (the
"Original Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to
modify, amend and supplement certain portions of the OriginalAgreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as othenvise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the OriginalAgreement.
2. Term. The Term of the Original Agreement as set forth in $ection 2 therein
is from July 1 , 2AZA to June 30, 2023. This First Amendment shall extend the Term up to
and including June 30,2CI24
2. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of four hundred twelve thousand eight hundred
twenty-nine dollars and forty cents ($412,829.40) for fiscal year 22123. Section 3 of the
Original Agreement is hereby amended to provide for an increase of sixty thousand two
hundred seventy dollars and sixty cents ($60,270.60) so that the total not-to-exceed
compensation, as amended by this First Amendment shall not exceed four hundred
seventy-three thousand one hundred dollars ($473,100) for fiscal year 23124 without the
prior authorization of the City.
4. lntegration. This First Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This First Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this First Amendment and the terms and provisions of
the Original Agreement, the terms and provisions of this First Amendment shall control.
lN WITNESS hereof, the parties enter into this First Amendment on the year and
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"CONTRACTOR"
MCE Corporation
"clTr
CIW OF DIAMOND BAR
*By:By:
Dan Fox
Title:City Manager
ATTEST:
Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attomey
'NOTE:lf Conlractor ls a corporatlon, the Clty rqulres the followtng slgnaturc(s):-- (1) the Chairman of the Board, the President q a Vice-President, AND (2) lhe Secrelary, the
Chief Financial Officer, the Treasurer, an Asslsfanf Secretary or an Assrslant Treasurer. lf
only one corporate officer exists or one cotporate officer holds morc lhan one corporate ofrce,
pJsase so indicab. aR- The corryate offar named in a corporate resoltlion as authoized to onler into this
Agreement. A copy ol the corporcte rcsolution, certified by the Secretary close in time to the
execution of the Agreemant, must be providedto the Crty.
t4508 I 7. I
*By:
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Agenda #: 5.16
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2023-24 authorizing participation in the National
Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities
in the not-to-exceed amount of $65,000 for Fiscal Year 2023/24.
FINANCIAL IMPACT:
Sufficient funds for the purchase of sanitary supplies are included in the Fiscal Year
2023/24 Operating Budget for the Civic Center, Diamond Bar Center, and various Parks
totaling $65,000.
BACKGROUND/ANALYSIS:
The City's purchasing ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal
Code, generally requires the use of formal bidding procedures for the procurement of
goods and services that cost in excess of $45,000. Section 3.24.090(f) provides an
exception as follows: "When supplies, personal property, services or equipment can be
more efficiently or more cost efficient obtained through a cooperative purchasing
program with a federal, state, county, local or other government purchasing program.
Such purchases through a cooperative purchasing program shall be authorized by
resolution of the City Council."
The City has been using Waxie Sanitary Supply for janitorial supplies at the City
facilities. Waxie provides high-quality products and years of responsive customer
service that staff has come to rely on. On February 17, 2015, the City Council
authorized the use of the National Intergovernmental Purchasing Alliance (NIPA),
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currently part of OMNIA Partners - Public Sector, for purchases of Waxie products for
the Fiscal Year 2014/15. Subsequently, the City Council has authorized the use of NIPA
for the procurement of Waxie products every year since. Staff is seeking authorization
for continued use of the NIPA for purchases of Waxie products.
It is recommended that the City forgo its separate bidding process and utilize the
bidding process conducted by the City of Tucson, Arizona, which served as the
Principal Procurement Agency (lead agency) for the NIPA, and negotiated a contract
with Network Services Company to obtain discounted pricing for about 1,400 Waxie
products. These products may be purchased under the agreement by members of the
NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local
distributor for the Network Services Company. The NIPA is an intergovernmental
cooperative purchasing alliance that procures contracted goods and services through a
Request for Proposal (RFP) competitive solicitation process conducted by a public
agency/governmental entity. The procurement process employed by the NIPA includes
the following:
1. The lead agency prepares a competitive solicitation, incorporating language to
make the agreement accessible nationally to agencies in states that allow
intergovernmental (i.e., "piggyback") contract usage.
2. The lead agency issues the solicitation and any required amendments and
notifications‚ and conducts pre-proposal conferences and/or meetings.
3. Interested suppliers respond to the solicitation.
4. The lead agency evaluates the responses, negotiates the final terms and
conditions, and ultimately awards the master agreement.
The NIPA procurement process is similar to the City's formal bidding procedures, which
makes master agreements appropriate for "piggybacking" for purchases of Waxie
products included in the City of Tucson and Network Services Company master
agreement.
The City's Purchasing Ordinance requires that participation in a governmental
purchasing program be authorized by Council resolution. The Purchasing Ordinance
also requires City Council approval for purchases from a single vendor in a fiscal year in
excess of $45,000. Staff anticipates expenditures of $65,000 for Waxie products during
Fiscal Year 2023/24.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.16.a Resolution No. 2023-24
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RESOLUTION NO. 2023-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE
SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK
SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000
DURING FISCAL YEAR 2023/2024.
WHEREAS, the City Council has established a purchasing system for the efficient
purchase of supplies, services, personal property and equipment at the lowest cost
commensurate with the quality needed and to buy without favor or prejudice; and
WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs
and supervises the acquisition of all goods and services under the authority of Diamond
Bar Municipal Code Section 3.24.040 (a); and
WHEREAS, Diamond Bar Municipal Code Section 3.24.090(f) authorizes the
Purchasing Manager to dispense with formal bidding when, in the opinion of the
Purchasing Manager, supplies, personal property, services or equipment can be more
efficiently or more cost efficient obtained if acquired on behalf of the city by the state
department of general services or other government purchasing program, provided such
use of a government purchasing program is authorized by resolution of the City Council;
and
WHEREAS, the Purchasing Manager has determined that certain supplies,
materials, personal property and equipment can be more efficiently and more
inexpensively obtained if acquired on behalf the City as a participant of the National
Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing
alliance that procures contracted goods and services thorough a request for proposal
competitive solicitation process conducted by a public agency/governmental entity; and
WHEREAS, acquisition of any such supplies, materials, personal property or
equipment as a participant of a government purchasing program must be authorized by
resolution of the City Council; and
WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the
janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to
a master contract between the City of Tucson, the Network Services Company, and the
National Intergovernmental Purchasing Alliance, and have determined that Waxie
provides high quality product and responsive customer service, and recommends Waxie
Sanitary Supply as the provider of janitorial supplies for City facilities.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Diamond as follows:
5.16.a
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Resolution No. 2023-24
2
1. Certain supplies, materials, personal property and equipment can be more
efficiently and more inexpensively obtained if acquired on behalf of the City as a
participant of a government purchasing program as opposed to a formal bidding
process.
2. Authorizes participation of the City in the National Intergovernmental Purchasing
Alliance.
3. Appoints the City Manager of the City to direct and supervise the acquisition of
goods and services as a participant in the National Intergovernmental Purchasing
Alliance.
4. Authorizes the City Manager or his designee to purchase janitorial supplies for City
facilities from Waxie Sanitary Supply as a participant in the National
Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during
Fiscal Year 2023/2024.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023.
CITY OF DIAMOND BAR
Andrew Chou, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of the City
Council of the City of Diamond Bar held on the 20th day of June, 2023, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
5.16.a
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Agenda #: 5.17
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH GUARANTEED JANITORIAL SERVICE, INC. FOR JANITORIAL
SERVICE THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Second Amendment to the
Maintenance Services Agreement with Guaranteed Janitorial Service, Inc. for a one-
year extension through June 30, 2024.
FINANCIAL IMPACT:
The amended total not-to-exceed amount of the Agreement for Fiscal Year 2023/24 will
be $264,500, including a $21,748 (7.5%) increase over the previous year’s cost.
Sufficient funds in the amount of $264,500 are included in the Fiscal Year 2023/24 PW
Operating Budget to cover the cost of such services.
BACKGROUND/DISCUSSION:
Guaranteed Janitorial Service, Inc. (Guaranteed), managed by City staff, has been
providing janitorial services at four (4) City facilities; City Hall & Library, Diamond Bar
Center, Heritage Park, and Pantera Park. On June 18, 2019, the City Council approved
a three-year agreement with Guaranteed Janitorial Service, Inc., to provide Janitorial
Service. Per the Original Agreement, the pricing was fixed for the first three years of the
contract. The City Council has the option to extend the Agreement for three (3)
additional one (1) year terms, with the first one-year extension (22/23) including an
8.6% increase to the line-item rates in the original agreement. Overall, Guaranteed’s
performance has met City’s expectations. This satisfactory performance is evident in the
City facilities where Guaranteed provides services. Therefore, this Second Amendment
is proposed to extend the term of the Agreement through June 30, 2024, and provide a
requested cost adjustment of 7.5%.
5.17
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LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.17.a Guaranteed Janitorial Service Inc. - Second Amendment exec
5.17
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5.17.a
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5.17.a
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5.17.a
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5.17.a
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Agenda #: 5.18
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FOURTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE
SERVICES THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Fourth Amendment to the
Maintenance Services Agreement with West Coast Arborists, Inc. through June 30,
2024.
FINANCIAL IMPACT:
The proposed amended total not-to-exceed amount of the Agreement for Fiscal Year
2023/24 is $423,500 which includes increases for Landscape Assessment Districts 39-
2022 and 41-2021, and a 2.8% increase to the line-item rates over the previous year.
Sufficient funds are included in Fiscal Year 2023/24 Operating Budget to cover the cost
of such services.
BACKGROUND/DISCUSSION:
The City is responsible for maintaining an urban forest comprised of over 12,000 trees.
To effectively maintain and manage the urban forest, approximately 2,500 trees are
pruned annually to ensure that all City-owned trees are pruned every five (5) years.
Maintenance responsibilities include the daily maintenance, management, and
emergency services for the urban forest. Maintenance services are completed on an
annual scheduled cycle for tree pruning as well as as-needed service requests for tree
pruning. Additional services include tree planting, tree removals, and emergency
response services.
On June 16, 2018, the City entered into a 3-year Maintenance Services Agreement
(Original Agreement) with West Coast Arborists, Inc. (WCA). On March 5, 2019, the City
5.18
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and WCA entered into the First Amendment to the Original Agreement to add additional
funding for pest control services due to an insect infestation. Consistent with Section 2
of the Original Agreement, “Term of the Agreement,” the City Council has the option to
extend the Agreement for up to three (3) one (1)-year additional terms. On June 15,
2021, the Second Amendment extended the term through June 30, 2022, and on June
21, 2022, the Third Amendment extended the term through June 30, 2023.
This proposed Fourth Amendment is the third and last one-year extension, which would
extend the term of the Agreement through June 30, 2024. For this amendment, per
Section 16.B of the Original Agreement, WCA is requesting a 2.8% increase in line-item
rates based on the Consumer Price Index (CPI), as shown in Exhibit “A” of the Fourth
Amendment (Attachment 1).
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.18.a WCA - Fourth Amendment exec
5.18
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5.18.a
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Agenda #: 5.19
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE CITYWIDE BUS SHELTER
REPLACEMENT PROGRAM, CIP PROJECT #TI22300.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Director of Public Works/City Engineer to file, the Notice of
Completion.
FINANCIAL IMPACT:
Funding in the amount of $1,200,000 is included in the FY 2022/23 Capital
Improvement Program. The final construction cost of the Project is $1,099,657.11,
which is $100,300 under the total authorization amount of $1,199,957.11
BACKGROUND/DISCUSSION:
This Project included the removal and disposal of existing amenities, removal and
replacement (R&R) of existing damaged concrete, and the procurement and installation
of new amenities, i.e., shelters, benches, and trash receptacles, as applicable.
The City Council awarded a Franchise Agreement to Focus Media Group, Inc. (FMG)
on November 15, 2022, which included three (3) components: Construction,
Advertising, and Maintenance. The construction portion of this Agreement has a not-to-
exceed amount of 1,099,957.11 with a contingency amount of $100,300 for a total
authorization amount of 1,199,957.11. The City authorized the Notice to Proceed for the
construction project on March 24, 2023.
Focus Media Group, Inc. has completed all work and improvements required, including
all punch list items, on June 6, 2023. The total construction cost was $1,099,657.11.
5.19
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.19.a Notice of Completion - City Wide Bus Shelter Replacement Program
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1762087.1
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
ATTENTION: CITY CLERK
Recording Fees Exempt per Govt. Code §§ 6103, 27383 Space Above for Recorder’s Use
NOTICE OF COMPLETION
Cal. Civ. Code 8100 et seq. and 9200 et seq.
Notice is hereby given that:
1. The undersigned is the owner or authorized officer of the owner of the fee interest in the
property hereinafter described.
2. The full name of the owner is City of Diamond Bar.
3. The full address of the owner is 21810 Copley Drive, Diamond Bar, CA 91765.
4. A work of improvement on the property hereinafter described was completed on June 6,
2023. The work done was: City-wide Bus Shelters Replacement.
5. The name and address of the contractor, if any, for such work of improvement was:
FOCUS MEDIA GROUP, INC.
2271 W. Malvern Ave. #407
Fullerton, CA 92833-4080
6. The date of the contract was November 15, 2022.
7. The property on which said work of improvement was completed is in the City of Diamond
Bar, County of Los Angeles, State of California, and is described as follows: City-wide Bus
Shelters.
8. The street address of said property is “none” (If no street address has been officially
assigned, insert “none”).
CITY OF DIAMOND BAR
Dated:
By:
VERIFICATION
I am the Public Works Director/City Engineer of the City of Diamond Bar and am authorized to
execute this verify cation on its behalf. I have read the foregoing notice of completion, know the
contests thereof, and the same is true of my personal knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Executed on this ____ day of _____________, 2023, at Diamond Bar, California.
By:
5.19.a
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Agenda #: 5.20
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH JOHN L. HUNTER &
ASSOCIATES, INC. FOR MUNICIPAL NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL
SERVICES THROUGH JUNE 30, 2026.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Consulting Services Agreement
with John L. Hunter and Associates, Inc. (JLHA) for a three-year term, with an option to
extend for an additional two years, in an annual not-to-exceed amount of $74,770.
FINANCIAL IMPACT:
An annual authorization of $74,770 is recommended for the as-needed consulting
services for the City’s National Pollutant Discharge Elimination System Permit Program.
The Fiscal Year 2023/24 PW Operating Budget includes adequate funding for these
services. For consulting services performed on development-related projects, funding
will be provided through developer fees and deposits paid by the applicant prior to any
work.
BACKGROUND:
The federal government enacted the Clean Water Act in 1972, which introduced the
National Pollutant Discharge Elimination System (NPDES) Permit Program to regulate
point sources of pollution. The State of California administers the NPDES Permit
Program through the State Water Resources Control Board and the nine (9) Regional
Water Quality Control Boards.
The City of Diamond Bar’s point source is the Municipal Separate Storm Sewer System
(“MS4”), which is tributary to the Lower San Gabriel River (“LSGR”) and the coastal
watersheds of Los Angeles County. The Los Angeles Regional Water Quality Control
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Board (Regional Water Board) regulates local MS4 discharges through the current
Municipal NPDES Permit Order No. R4-2021-0105.
The City relies on the support from professional environmental engineering consultants
to administer environmental programs, conduct routine inspections for commercial and
industrial businesses, monitor construction projects and illicit discharges, represent the
City for the activities of the LSGR Watershed Management Group, and submit reports to
the Regional Water Board in compliance with the Municipal NPDES Permit.
Property owners within the Los Angeles County Flood Control District approved
Measure W in 2018, which created the Safe Clean Water Program (“SCWP”) and
authorized the assessment of new special property taxes for the improvement of
regional stormwater quality and pollution reduction. The City’s allocation of this funding
source can offset the costs for new stormwater quality related projects and programs.
ANALYSIS:
On May 1, 2023, the City released a Request for Proposals (RFP) for professional
environmental engineering services through the City’s online bidding platform
(PlanetBids). Upon closure of the RFP, five proposals were received as follows:
1. John L. Hunter & Associates, Inc. $74,770
2. CASC Engineering and Consulting, Inc. $80,311
3. Environmental Compliance Specialist, LLC $81,745
4. Proactive Engineering Consultants, Inc. $132,392
5. Socal Stormwater Runoff Solution Services, Inc. NONRESPONSIVE
Staff utilized qualitative metrics to evaluate each firm’s proposal and subsequently
compared the total fees and proposed hours for one year to complete all of the
consulting tasks. Aside from its competitive pricing, the proposal submitted by John L.
Hunter & Associates, Inc. (“JLHA”) exhibited the firm’s extensive knowledge and
experience with the Municipal NPDES Permit in the Los Angeles region.
JLHA has served as the City’s stormwater compliance service consultant since 2007, to
the satisfaction of the City. The firm has extensive relevant experience with the State
Water Resources Control Boards and other local jurisdictions within the watershed,
including the Regional Water Board. Given its regional involvement, JLHA can provide
high-quality services to the City in a cost-effective manner.
A short form of the JLHA’s proposal is attached as Exhibit “A” to the proposed
agreement.
It is recommended that the City Council approve a three-year agreement, with an
additional two-year extension option, with John L. Hunter & Associates, Inc. with an
annual not-to-exceed amount of $74,770.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.20.a Agreement with John L. Hunter & Associates, Inc.
2. 5.20.b JLHA Proposal (short form)
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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 21, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") and John L. Hunter
& Associates, Inc., a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the Municipal National Pollutant
Discharge Elimination (NPDES) Professional Services set forth in the attached
Exhibit "A", which is incorporated herein by this reference. As a material inducement to
the City to enter into this Agreement, Consultant represents and warrants that it has
thoroughly investigated the work and fully understands the difficulties and restrictions in
performing the work. Consultant represents that it is fully qualified to perform such
consulting services by virtue of its experience and the training, education and expertise
of its principals and employees.
Nicholas Delgado, Engineering Technician, (
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
Project Manager, and that all performances required hereunder by Consultant shall be
2. Term of Agreement. This Agreement shall take effect July 1, 2023, and
shall continue until June 30, 2026 unless earlier terminated pursuant to the provisions
herein.
The City Manager shall have the option to extend this Agreement for one (1)
additional two (2) year term, subject to the same terms and conditions contained
herein, by giving Consultant written notice of the exercise of this option at least thirty
(30) days prior to the expiration of the initial Term. In the event the City exercises its
option to extend the Term, Consultant's compensation shall be subject to an adjustment
upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
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services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Seventy-Four Thousand, Seven Hundred and Seventy
Dollars and Zero Cents ($74,770.00) annually without the prior written consent of the
City. The above not to exceed amount shall include all costs, including, but not limited
to, all clerical, administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
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. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
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
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audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D.
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty l 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. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1)
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion f unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind; and
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(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
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 ten (10) day's prior written notice thereof. Consultant agrees that it will not
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cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
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
Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
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
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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
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
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event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
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21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
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addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
John L. Hunter & Associates, Inc. City of Diamond Bar
6131 Orangethorpe Ave, Suite 300 21810 Copley Drive
Buena Park, CA 90620 Diamond Bar, CA 91765-4178
Attn.: Jillian Brickey Attn.: David G. Liu, P.E.
Phone: (562) 676-5703 Phone: (909) 839-7040
E-Mail: JBrickey@JLHA.net E-mail: DLiu@DiamondBarCA.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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MUNICIPAL NPDES
PROFESSIONAL SERVICES
SERVICES PROPOSAL
2023.05.19
Prepared for: Nicholas Delgado
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Jillian Brickey Cameron McCullough
Project Manager Technical Lead
jbrickey@jlha.net 562.676.5703 cmccullough@jlha.net 562.726.4259
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3. Project Understanding
We welcome the opportunity to provide municipal NPDES professional services to the City of Diamond Bar, prepared
in response to the Request for Proposal. This section details the approach to complete the Scope of Work (SOW).
The timeframe of this proposal is for a period of three (3) years, starting July 1, 2023 – June 30, 2026, with the option
for a two (2) year extension, upon written agreement by the City and JLHA. This proposal is considered valid for a
period of ninety (90) days from the date of submittal. The following responses describe our understanding and
approach to the scope of work.
1.a Provide project and program status updates. We understand that our clients prefer updates and reports that are
clear, concise, and focused on action items and key points. In addition to written updates and reports, we can provide
this service through in-person meetings, video conferences, phone calls, emails, and texting.
1.b Represent the City in meetings and correspondence with program stakeholders. We understand the City needs a
representative at various MS4 NPDES related meetings and interactions. We will represent the City: 1) at relevant
area-wide NPDES meetings, 2) in interactions and negotiations with regulating agencies, non-governmental agencies,
and the public, 3) in compliance audits, and 4) in responding to enforcement actions. Meeting summaries will be
prepared for City review. Any action items required by the City as a result of the meetings will be conveyed via email
or phone call.
1.c Share technical program information and expertise with City staff. We understand that NPDES regulation is
expansive, complex, and at times esoteric. We will be available to the City as-needed and will also provide technical
assistance as the NPDES program develops. Summary reports on proposed changes and modifications to the
stormwater program will be prepared for City review and comment. Any action items required by the City as a result
of program updates will be conveyed via email or phone call.
1.d Assess program compliance, recommend actions, and prepare new program documents. Programs assessed under
program compliance include provisions related to Monitoring and Reporting, Minimum Control Measures, Watershed
Management, TMDLs, and statewide Trash Provisions. Our approach is to provide the assessment and
recommendations in platforms preferred by City staff, to include written reports, presentations, trainings and
meetings. Over the years we have modified many of our template NPDES program documents in order to make them
more efficient and useful. We can modify our existing form for City use, or we can develop a new form at the request
of the City.
1.e Assist with NPDES, WMP, TMDL, and Statewide Trash Provisions compliance planning . We provide this service to
over 30 clients in LA County. We understand the requirements for WMP and CIMP implementation as we served as
the lead consultant for the development of the WMPs for the LLAR, LSGR, Nearshore, and Peninsula Cities WMGs.
This included oversight of the development of CIMPs. We currently serve as the consultant team lead for the
Nearshore, LLAR, LSGR, and Peninsula Cities WMGs. In addition to recommendations and policies, our procedures for
the TMDLs may include assisting in identifying and funding infrastructure projects, assisting with requests for Time
Schedule Orders (TSOs) and TMDL extensions, supporting scientific studies, and coordinating activities with local
Permittees, the LA Water Board, and other stakeholders. We also understand the City is under the provisions of the
Statewide Trash Provisions with a final deadline of 2030. (Although technically not a TMDL, the Trash Provisions in
effect act as a Trash TMDL.) We will review and update any GIS maps, and long term compliance plans as-needed, or
other information required by the Regional Board through the Annual Reporting process.
1.f Assist with the development of the WMP and CIMP. Our approach is to provide this service following the approach
described for Task 1.e.
1.g Prepare the NPDES Annual Report and other compliance reports required by the MS4 Permit. We will develop
Annual Report information request forms and provide them to applicable City staff. We will review the completed
forms with City staff and incorporate comments into a Draft Annual Report. Based on available data we will prepare
responses to program status and assessment elements of the Draft Annual Report. We will submit the Individual
Annual Report prior to the final December 15th deadline. Meeting the deadline is dependent upon receiving timely
responses from the City. Although we will endeavor to prepare Annual Reports that comply with the requirements of
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the LA Water Board, their assessment of the Reports in terms of MS4 NPDES Permit compliance depends on the
information provided by the City.
1.h Provide data/input for the WMP Progress Reports and monitoring report . Our approach is to provide this service
following the approach described for Task 1.g. Note that the 2021 MS4 Permit requires semi-annual reporting due
June 15th and December 15th. We will assist in incorporating volumetric management results into WRAMPS2.org and
interpreting monitoring results reported by the watershed group consultant teams. We will submit the semi-annual
WMP Progress Reports with sufficient time for review by the WMG prior to the submission deadlines.
1.i Develop and provide Municipal NPDES training for city staff and contractors as applicable. Our training approach is
to: 1) Conduct the training at times suitable to City staff. 2) Provide knowledgeable personnel with training. 3) Extract
essential elements of the following compliance programs. 4) Place emphasis on the internal staff process and
individual job responsibilities. 5) Hold Q&A with City staff. 6) Provide slide presentations, key program forms,
templates, and documentation. The deliverables under this scope of services will include access to an online training
portal that will permanently store all presentations and related training documentation. We can provide can
additional in-depth staff training (beyond the one-hour standard training scope) on any component of the MS4 NPDES
program.
1.j Operate and maintain an accessible online database of program records. We will store records of all programs
provided under the scope of work on an electronic database accessible to the City online. We will also update and
maintain a website of key program records to facilitate easy access by City staff for annual reporting and program
audits.
1.k As needed: Assist with municipal NPDES services not listed in this scope of work . We understand tasks may include
assistance with municipal NPDES activities beyond the MS4 Permit, such as the IGP, CGP, or drinking water system
releases NPDES Permits.
1.l Project management: Coordinate with staff, report on progress, and QA/QC deliverables. Project team members
are supervised by the Project Manager. Supervision and service quality is ensured through a QA/QC budget assigned
to the program. This budget is for time spent by supervising key personnel to regularly review the Project Team’s work
product. This time is also used to track and control the budget, and to ensure control of the schedule of services
provided.
2.a Prepare the Safe, Clean Water Program (SCWP) Annual Plan and Annual Expenditure Report. Our approach is to
request Annual Plan and Annual Expenditure Report information from City staff. We will review the responses with
City staff and incorporate comments into a Draft Annual Plan and Draft Annual Expenditure Report. We will update
the SCWP Reporting Module database and based on available data we will prepare responses to program status and
assessment elements of the Draft Annual Plan and Annual Expenditure Report. We will submit the Annual Plan and
Annual Expenditure Report prior to the final deadline due April 1st and December 31st, respectively.
2.b Provide updates on the SCWP and other funding programs . We regularly assist cities and watershed groups with
stormwater funding, including identifying projects and assisting with applications for SCWP, Prop 1, Prop 68, Prop 84,
and OCTA M2. Our approach is to attend applicable grant and other funding meetings and workshops, and inform the
City of funding opportunities related to NPDES.
2.c Represent the City in meetings and correspondence related to program funding. Our approach is to provide this
service following the approach described for Task 1.b.
2.d As needed: Assist in preparing SCWP and grant applications and assist in administration. Our approach is to
prepare draft documents with sufficient time for city review and comment prior to final submittal. Final submittal will
meet the applicable grant submittal deadlines. We anticipate that the not-to-exceed total provided for the scope of
work will be sufficient for our assistance with the submittal of multiple projects for SCW Program funding, or grant
applications. We are available to assist in administering grant agreements, including compliance with grant
requirements, preparation, and submission of supporting grant documents and coordination.
2.e As needed: Develop and administer fees, budgets, and cost share agreements. Our approach is to review the
existing NPDES fee structure, recommend updates for review by the City, and assist in the development and
administration of fees. The City also participates in a cost-share agreement for select MS4 NPDES Permit
implementation services with the LSGR WMG. We will assist in reviewing cost-share agreements.
3.a Update LID BMP records with available program information. Our approach is to provide this service following the
approach described for Task 1.j. We will update LID BMP records upon receiving and availability of records and plans
from the City.
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3.b Review LID Plans and related documents. Complete reviews within two weeks. We will verify conformance with
MS4 Permit Part VIII.F and the municipality’s NPDES Permit criteria. This includes providing correction sheets to
indicate corrections required to achieve conformance, meeting and corresponding with project applicants and
engineers, and approving plans. Standard turn-around time for review is two weeks.
3.c Verify LID BMPs are properly installed . BMP verification inspections will include verifying the proper construction
and installation of BMPs. We will be available to conduct inspections upon receiving notice from the city to inspect
and availability of records and plans. Follow-up activities will be conducted at non-compliant projects. This includes
activities related to the detection of BMPs that are improperly constructed or installed. This will also include follow-
up inspections, corresponding with the LID BMP owner/operator, and issuing enforcement actions. We are also
available to conduct maintenance inspections at private development projects as needed.
4.a Update site records with available program inventory information . Our approach is to provide this service following
the approach described for Task 1.j. We will update construction site records upon receiving and availability of records
from the City.
4.b Review SWPPPs for BMP implementation . Our approach is to have JLHA staff Qualified SWPPP Practitioners (QSP)
review SWPPPs for BMP implementation during site inspections. Our JLHA staff Qualified SWPPP Developers (QSDs)
are available to review SWPPPs during the plan review phase following a review checklist based on MS4 permit
requirements.
4.c Conduct BMP inspections, follow-ups, and issue enforcement. Our approach is to: 1) determine the construction
site’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 2)
determine the need for corrective actions and setting up a follow-up inspection date within 4 weeks, and 3) complete
an inspection form. Staff will correspond with site operators and schedule inspections as-needed, discuss corrective
actions required, and provide program education as needed. For egregious or repeated cases of noncompliance,
enforcement notices will be prepared following the city ordinances and NPDES Permit’s progressive enforcement
requirements. If noncompliance persists, we will work with City enforcement staff to resolve the issue.
5.a Conduct the services under Task 3 and 4 for City projects. Our approach is to provide this service following the
approach described for Tasks 3 and 4. We will update records for inventoried city facilities with available information.
Facilities will be inspected for proper BMP implementation. Our approach is to: 1) inspect the facility layout to locate
the storm drain system and/or stormwater drainage path, storage areas, process, areas, and heavy equipment wash
and maintenance areas, 2) determine the facility’s impact on stormwater quality through proper BMP implementation
and illicit discharge elimination, 3) assess the effectiveness of facility BMPs, 4) determine the need for corrective
actions and set up a follow-up inspection date, and 6) complete an inspection form. Staff will correspond with city site
operators and schedule inspections as-needed, discuss corrective actions required, provide results of the report, and
provide program education as needed.
5.b Verify existing City LID BMPs are properly maintained. BMP verification inspections will include verifying the proper
maintenance and operation of BMPs. We will be available to conduct inspections upon receiving notice from the city
to inspect and availability of records and plans. Follow-up activities will be conducted when deficiencies are noted.
This includes activities related to the detection of BMPs that are improperly maintained. This will also include follow-
up inspections, and corresponding with the city LID BMP operator We are also available to conduct construction and
installation verification inspections at city LID projects as needed.
5.c As needed: Assist in implementing NPDES capital projects and programs. Most activities in this program are
typically conducted by in-house city staff, or other city contractors, such as street sweeping, catch basin cleaning, and
pesticide and fertilizer application. We are available to ensure these activities are up-to-date and continue to remain
in compliance with the MS4 Permit.
6.a Update industrial/commercial facility records using available data sources. Our approach is to provide this service
following the approach described for Task 1.j. We will update industrial/commercial facility records upon receiving
and availability of records.
6.b Distribute, develop, and purchase educational material . We can provide CASQA BMP fact sheets and/or our own
BMP handouts that we have developed for certain critical source business sectors.
6.c Schedule and conduct BMP inspections, follow-up, and issue enforcement. We will conduct MS4 NPDES compliance
inspections at approximately 175 industrial and commercial facilities identified by the City. We will inspect facilities
for proper BMP implementation. Inspections standard operating procedures includes 1) inspecting facility layout to
locate the stormwater drainage path, storage areas, process areas, and heavy equipment wash and maintenance
areas, as applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation
5.20.b
Packet Pg. 393
Proposal for Municipal NPDES Professional Services May 19, 2023
P a g e 14
and illicit discharge elimination, 3) verifying industrial classification, and 4) determining the need for corrective actions
and setting up follow-up dates. For egregious or repeated cases of noncompliance, we will assist in preparing
enforcement notices. If noncompliance persists, we can work with City enforcement staff to resolve the issue.
7.a Conduct field investigations within 2 hours of notification by the City . Complaints received or violations observed
will be investigated within the timeframes provided in the MS4 Permit. Within normal working hours, inspection staff
will be available to respond to complaints within two hours. Our approach is to conduct field investigations,
correspond with responsible parties and complainants, discuss corrective actions required, provide program
education as-needed, and prepare reports.
7.b Follow-up and assist in issuing enforcement . Enforcement actions will be undertaken following procedures
provided in the MS4 Permit. We will conduct follow-up investigations to verify elimination of illicit discharges. For
egregious or repeated cases of noncompliance, enforcement notices will be prepared following city ordinances and
the MS4 Permit requirements. Notices will be sent out only after City approval. If noncompliance persists, we will
work with City enforcement staff to resolve the issue.
8.a Update records for inventoried city facilities with available information . Our approach is to provide this service
following the approach described for Task 1.j. We will update city facility records upon receiving and availability of
records.
8.b As needed: Inspect BMPs at City facilities and assist in selecting BMPs . Most activities in this program are typically
conducted by in-house city staff, or other city contractors, such as street sweeping, catch basin cleaning, and pesticide
and fertilizer application. We will ensure these activities are up-to-date and continue to remain in compliance with
the MS4 Permit. We are available to inspect BMPs at City facilities following the approach described for Task 6.c., and
assist in selecting BMPs.
9.a Update records for public outreach activities . Our approach is to provide this service following the approach
described for Task 1.j. We will update public outreach activity records upon receiving and availability of records.
9.b As needed: Assist with community events to promote pollution prevention. We are available to look for
opportunities to participate and promote at city community events. We can attend the chosen event(s) and educate
the public in stormwater pollution through discussion, demonstrations, and material distribution.
9.c Provide and distribute educational materials. We provide this service to over 25 clients in LA County. Through this
work we prepared multi-lingual press releases, materials, and content that address the pollution prevention topics
listed in the MS4 Permit. We have developed and can develop materials in multiple languages, including Spanish and
Chinese. We can also provide updates to the City’s website, addressing new topics as needed such as 2021 MS4 Permit
requirements and SCWP reporting and public participation. Additional types of materials and content provided upon
request include but are not limited to brochures, posters, articles, social media posts, websites, children’s booklets,
and labeled tote bags and doggy bag dispensers. We can modify our existing materials for City distribution, or we can
develop new materials at the request of the City. We will also provide and distribute educational materials to
commercial points of purchase (POP). POP locations include automotive, home improvement, gardening, and
pet/feed stores locations. We will visit select stores and provide brochures specific to these industries to be displayed
for distribution. The program will be implemented once per reporting year.
9.d As needed: Update and develop educational materials and content . Our approach is to provide this service
following the approach described for Task 9.c.
4. Terms and Conditions Statement
We have read, understood, and agreed to all statements in this request for proposal and acknowledge receipt of the
terms, conditions, and attachments referenced.
5. Availability of Staff Statement
The Program Manager and key staff will be available to deliver the services on time and on budget. These principal
staff members will remain assigned to the extent proposed for the duration of the contract. No person designated
as “key” shall be removed or replaced without the proper written concurrence of the City. If changes occur, we will
furnish the revised Staff Members information provided in this proposal.
5.20.b
Packet Pg. 394
MUNICIPAL NPDES
PROFESSIONAL SERVICES
FEE PROPOSAL
2023.05.19
Prepared for: Nicholas Delgado
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Jillian Brickey Cameron McCullough
Project Manager Technical Lead
jbrickey@jlha.net 562.676.5703 cmccullough@jlha.net 562.726.4259
5.20.b
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Proposal for Municipal NPDES Professional Services May 19, 2023
P a g e 1
1. Fee Proposal
1.1. Rate Schedule
Principal $220 / hour
Director $195 / hour
Program Manager $195 / hour
Staff Engineer $195 / hour
Project Manager $185 / hour
Assistant Project Manager $165 / hour
Project Engineer $165 / hour
Senior Compliance Specialist $145 / hour
Compliance Specialist II $135 / hour
Project Analyst II $135 / hour
Compliance Specialist I $125 / hour
Project Analyst I $125 / hour
Administrative Assistant, Laborer $85 / hour
State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $290 / hour
Subcontracted equipment Cost + 5%
Fee Schedule effective as of April 25, 2023
This rate schedule is subject to consumer price index (CPI) increases in year four and year five, if extension is awarded.
JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city.
1.2. Estimated Not-to-Exceed Fee Proposal
The annual not-to-exceed costs for the professional services are included in the following page.
5.20.b
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Cost Totals Cost Totals Cost Totals Cost Totals Cost Totals
1. Program Administration, Compliance Planning, and Compliance Reporting $20,450 $20,450 $20,450 $21,064 $21,695
PM $185 30 $5,550 $5,550 $5,550 $5,717 $5,888
aPM $165 60 $9,900 $9,900 $9,900 $10,197 $10,503
PA1 $125 40 $5,000 $5,000 $5,000 $5,150 $5,305
2. Program Funding Assistance $3,980 $3,980 $3,980 $4,099 $4,222
PM $185 8 $1,480 $1,480 $1,480 $1,524 $1,570
PA1 $125 20 $2,500 $2,500 $2,500 $2,575 $2,652
3. Planning and Land Development (private development)$7,590 $7,590 $7,590 $7,818 $8,052
Assume 3 LID reviews, 2 SWPPP reviews, and 3 verification LID BMP inspections.PE $165 46 $7,590 $7,590 $7,590 $7,818 $8,052
4. Construction (For private projects that disturb ≥ 1 acre, and as needed for smaller projects)$14,310 $14,310 $14,310 $14,739 $15,181
Assume 5 projects (60 site visits, 36 follow-ups, and 10 enforcement actions)CS2 $135 106 $14,310 $14,310 $14,310 $14,739 $15,181
5. Capital Projects and Programs $2,970 $2,970 $2,970 $3,059 $3,151
Assume 1 LID review, 1 SWPPP review, 1 verification and 2 maintenance LID BMP inspections.PE $165 18 $2,970 $2,970 $2,970 $3,059 $3,151
6. Industrial/Commercial Facilities $16,250 $16,250 $16,250 $16,738 $17,240
Assume 175 facilities (100 routine, 20 follow-ups, and 10 enforcement actions)CS1 $125 130 $16,250 $16,250 $16,250 $16,738 $17,240
7. Illicit Discharge Investigations $3,000 $3,000 $3,000 $3,090 $3,183
Assume 2 investigations CS1 $125 24 $3,000 $3,000 $3,000 $3,090 $3,183
8. Public Agency Activities $2,720 $2,720 $2,720 $2,802 $2,886
PM $185 4 $740 $740 $740 $762 $785
aPM $165 12 $1,980 $1,980 $1,980 $2,039 $2,101
9. Public Information and Participation $3,500 $3,500 $3,500 $3,575 $3,652
Assume $1,000 per year to purchase and print educational materials.PA1 $125 20 $2,500 $2,500 $2,500 $2,575 $2,652
LSE2 LSE LSE $1,000 $1,000 $1,000 $1,000 $1,000
Total Not to Exceed $74,770 $74,770 $74,770 $76,983 $79,263
Grand Total for Three Years:$224,310
1 aPM: Assistant Project Manager, CS: Compliance Specialist, PA: Project Analyst, PE: Project Engineer, PM: Project Manager, SE: Staff Engineer
2 LSE: Lump sum estimate
1-Year Extension
Estimated Not-to-Exceed-Costs
Task name 2023-2024 2024-2025 2025-2026 1-Year ExtensionTeamRateHours
5.20.b
Packet Pg. 397
Agenda #: 5.21
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENTS FOR ON-CALL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES THROUGH JUNE
30, 2026.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
A. Approve, and authorize the City Manager to sign, the Consulting Services
Agreement with Cannon Corporation for a three-year term, with an option to extend
for an additional two years, in an annual not-to-exceed amount of $62,500;
B. Approve, and authorize the City Manager to sign, the Consulting Services
Agreement with HR Green Pacific, Inc. for a three-year term, with an option to
extend for an additional two years, in an annual not-to-exceed amount of $62,500;
C. Approve, and authorize the City Manager to sign, the Consulting Services
Agreement with TAIT & Associates, Inc. for a three-year term, with an option to
extend for an additional two years, in an annual not-to-exceed amount of $50,000;
and
D. Approve, and authorize the City Manager to sign, the Consulting Services Agreement
with LAE & Associates, Inc. for a three-year term, with an option to extend for an
additional two years, in an annual not-to-exceed amount of $100,000.
FINANCIAL IMPACT:
The Fiscal Year 2023/24 Public Works Operating Budget has $65,000 for as-needed
professional engineering and architectural services, $110,000 for land development
plan check and inspection services, and $200,000 for project oversight and
management services ($375,000 total). The following table summarizes the funding
sources and amounts available in the budget for each task category.
5.21
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SERVICES FUNDING SOURCES AMOUNTS
Land Development General Fund $ 110,000
General Engineering & Architectural General Fund $ 65,000
Project Oversight & Management
General Fund $ 50,000
Proposition C $ 150,000
TOTAL AMOUNT OF RESOURCES $ 375,000
An annual not-to-exceed amount of $62,500 is recommended for Cannon Corporation,
$62,500 for HR Green Pacific, Inc., $50,000 for TAIT & Associates, Inc., and $100,000
for LAE Associates, Inc. for as-needed professional engineering and architectural
services, land development review and inspection services, and project oversight
services ($275,000 total).
BACKGROUND:
The City consults with civil engineering and architectural firms to provide as-needed
professional services, which include specialized tasks in the following capacities:
• Land Development Services (Plan Check & Inspection)
• General Engineering Services (Civil Design and Project Oversight)
• Architectural Services (Building & Landscape Design)
Over the past three years, a team of consulting firms have reviewed numerous major
development projects for conformance with applicable codes and engineering
standards/practices; helped to redesign the Diamond Canyon Park landscape palette;
prepared design plans for groundwater drainage, street pavement improvements, and
Neighborhood Traffic Management Program (NTMP) traffic calming projects; provided
project oversight and management support for the SR57/60 Confluence Project and City
pavement rehabilitation projects; and also provided other as-needed support to the
operations of the Public Works Department.
The current consultant service agreements for professional engineering and
architectural services are set to expire on June 30, 2023.
ANALYSIS:
On May 1, 2023, the City released a Request for Proposals (RFP) for professional civil
engineering and architectural services through the City’s online bidding platform
(PlanetBids). Upon closure of the RFP, twelve (12) proposals were received from the
following firms:
• Black O’Dowd & Associates, Inc. • Cannon Corporation
5.21
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• HR Green Pacific, Inc. • IMEG Corporation
• LAE Associates, Inc. • MTGL, Inc.
• NCE, Inc. • RKA Consulting Group
• TAIT & Associates, Inc. • TR Design Group, Inc.
• Transtech Engineers, Inc. • Valued Engineering, Inc.
Staff utilized qualitative metrics to evaluate each firm’s proposal and subsequently
compared the hourly rates and proposed hours for each consulting task. Furthermore,
all firm proposals were evaluated based on their capability to perform several of the
requested tasks and relevant experience in providing similar services to other agencies
in the region.
The proposals submitted by Cannon Corporation (“Cannon”), HR Green Pacific, Inc.
(“HR Green”), TAIT & Associates, Inc. (“TAIT”), and LAE Associates, Inc. (“LAE”)
demonstrate their extensive knowledge with civil engineering, architecture, land
development, and project oversight and management. Cannon, HR Green, and TAIT
currently serve as the City’s on-call consultant firms and provide high-quality services in
a cost-effective manner. LAE has provided project oversight services to the City in the
past, and under the proposed contract, they will be tasked with supporting the City in
the oversight of the SR57/60 Confluence Project and the upcoming arterial and
residential street pavement rehabilitation projects, among other tasks.
Staff recommends a three-year contract agreement, with a two-year extension option,
with these firms to provide the following services:
FIRMS /
SERVICES
GENERAL
ENGINEERING
LAND
DEVELOPMENT ARCHITECTURAL PROJECT
OVERSIGHT
CANNON ✓ ✓
HR GREEN ✓ ✓
LAE ✓
TAIT ✓
A short form of each firm’s proposal is attached as Exhibit “A” to their respective
proposed agreements.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreements as to form.
PREPARED BY:
5.21
Packet Pg. 400
REVIEWED BY:
Attachments:
1. 5.21.a Agreement with Cannon Corporation
2. 5.21.b Agreement with HR Green Pacific, Inc.
3. 5.21.c Agreement with TAIT & Associates, Inc.
4. 5.21.d Agreement with LAE & Associates, Inc.
5.21
Packet Pg. 401
1
CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") and Cannon
Corporation, a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the On-Call Civil Engineering and
Architectural Services set forth in the attached Exhibit "A", which is incorporated
herein by this reference. As a material inducement to the City to enter into this
Agreement, Consultant represents and warrants that it has thoroughly investigated the
work and fully understands the difficulties and restrictions in performing the work.
Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Nicholas Delgado, Engineering Technician, (herein r
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereun
Project Manager, and that all performances required hereunder by Consultant shall be
.
2. Term of Agreement. This Agreement shall take effect July 1, 2023, and
shall continue until June 30, 2026 unless earlier terminated pursuant to the provisions
herein.
The City Manager shall have the option to extend this Agreement for one (1)
additional two (2) year term, subject to the same terms and conditions contained
herein, by giving Consultant written notice of the exercise of this option at least thirty
(30) days prior to the expiration of the initial Term. In the event the City exercises its
option to extend the Term, Consultant's compensation shall be subject to an adjustment
upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
5.21.a
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2
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Sixty Two Thousand, Five Hundred Dollars and Zero
Cents ($62,500.00) annually without the prior written consent of the City. The above
not to exceed amount shall include all costs, including, but not limited to, all clerical,
administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt.
D. Payment shall constitute payment in full for all services, authorized c osts
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. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
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
5.21.a
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3
audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shal
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty l 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. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1)Any and all claims under Work
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion f unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind; and
5.21.a
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4
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
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 ten (10) day's prior written notice thereof. Consultant agrees that it will not
5.21.a
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5
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
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
Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
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
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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
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
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event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
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21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
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addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
Cannon Corporation City of Diamond Bar
16842 Von Karman Avenue, Ste 150 21810 Copley Drive
Irvine, CA 92606 Diamond Bar, CA 91765-4178
Attn.: Gary Solsona, P.E. Attn.: David G. Liu, P.E.
Phone: (949) 777-1580 Phone: (909) 839-7040
E-Mail: GaryS@CannonCorp.us E-mail: DLiu@DiamondBarCA.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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1
CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") and HR Green
Pacific, Inc., a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the On-Call Civil Engineering and
Architectural Services set forth in the attached Exhibit "A", which is incorporated
herein by this reference. As a material inducement to the City to enter into this
Agreement, Consultant represents and warrants that it has thoroughly investigated the
work and fully understands the difficulties and restrictions in performing the work.
Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Nicholas Delgado, Engineering Technician, (herein r
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereun the
Project Manager, and that all performances required hereunder by Consultant shall be
2. Term of Agreement. This Agreement shall take effect July 1, 2023, and
shall continue until June 30, 2026 unless earlier terminated pursuant to the provisions
herein.
The City Manager shall have the option to extend this Agreement for one (1)
additional two (2) year term, subject to the same terms and conditions contained
herein, by giving Consultant written notice of the exercise of this option at least thirty
(30) days prior to the expiration of the initial Term. In the event the City exercises its
option to extend the Term, Consultant's compensation shall be subject to an adjustment
upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
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services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Sixty Two Thousand, Five Hundred Dollars and Zero
Cents ($62,500.00) annually without the prior written consent of the City. The above
not to exceed amount shall include all costs, including, but not limited to, all clerical,
administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt.
D. Payment shall constitute payment in full for all services, authorized c osts
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. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
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
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audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shal
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty l 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. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1)Any and all claims under Work
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion f unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind; and
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(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
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, by the insurance carrier without the insurance carrier giving
City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel,
the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
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D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
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
Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
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
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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. Any unauthorized reuse or misuse
13.Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
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rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
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21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
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addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
HR Green Pacific, Inc. City of Diamond Bar
1260 Corona Pointe, Suite 305 21810 Copley Drive
Corona, CA 92879 Diamond Bar, CA 91765-4178
Attn.: Steve Loriso, P.E. Attn.: David G. Liu, P.E.
Phone: (855) 900-4742 Phone: (909) 839-7040
E-Mail: SLoriso@HRGreen.com E-mail: DLiu@DiamondBarCA.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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!1
CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") and TAIT &
Associates, Inc., a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the On-Call Civil Engineering and
Architectural Services set forth in the attached Exhibit "A", which is incorporated
herein by this reference. As a material inducement to the City to enter into this
Agreement, Consultant represents and warrants that it has thoroughly investigated the
work and fully understands the difficulties and restrictions in performing the work.
Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Nicholas Delgado, Engineering Technician, (herein r[\[hh[Z je Wi j^[ q>_josi
Khe‘[Yj HWdW][hr)* i^Wbb X[ j^[ f[hied je m^ec j^[ >edikbjW nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereunZ[h m_j^ j^[ >_josi Khe‘[Yj HWdW][h je the [nj[dj h[gk_h[Z Xo j^[ >_josi
Project Manager, and that all performances required hereunder by Consultant shall be
f[h\ehc[Z je j^[ iWj_i\WYj_ed e\ j^[ >_josi Khe‘[Yj HWdW][h WdZ j^[ >_jo HWdW][h .
2. Term of Agreement. This Agreement shall take effect July 1, 2023, and
shall continue until June 30, 2026 unless earlier terminated pursuant to the provisions
herein.
The City Manager shall have the option to extend this Agreement for one (1)
additional two (2) year term, subject to the same terms and conditions contained
herein, by giving Consultant written notice of the exercise of this option at least thirty
(30) days prior to the expiration of the initial Term. In the event the City exercises its
option to extend the Term, Consultant's compensation shall be subject to an adjustment
upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
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services set forth in Exhibit "A". Payment will be m ade only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00)
annually without the prior written consent of the City. The above not to exceed amount
shall include all costs, including, but not limited to, all clerical, administrative, overhead,
telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall subm it to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt.
D. Payment shall constitute payment in full for all services, authorized c osts
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. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amo unts 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
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audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shalb* Wj >edikbjWdjsi ieb[ Yeij WdZ [nf[di[ \kbbo i[Ykh[
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty l[l_[Z W]W_dij j^[ >_jo \eh >edikbjWdjsi \W_bkh[ to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9.Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1)Any and all claims under Work[hsi >ecf[diWj_ed WYji WdZ ej^[h [cfbeo[[
benefit acts with respect to >edikbjWdjsi [cfbeo[[i eh >edikbjWdjsi contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion f_dZ >edikbjWdjsi b[]Wb Yekdi[b unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind; and
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(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claimss made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
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 ten (10) day's prior written notice thereof. Consultant agrees that it will not
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cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
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
(qNDMr) WdZ-eh Z[ZkYj_Xb[ e\ j^[ feb_Yo _d b_[k e\ j^[ Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultantsi due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
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
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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
_d\ehcWj_ed (Yebb[Yj_l[bo* j^[ qh[YehZir) f[hjW_d_d] je j^[ Yeiji e\ WdZ Yecfb[j_ed e\
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
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event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
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21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
j^[ b[d]j^ e\ j^[ Z[bWo ekji_Z[ >edikbjWdjsi Yedjheb, D\ >edikbjWdj X[b_[l[i j^Wj Z[bWoi
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
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addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
q>JINPGO<IOr q>DOTr
TAIT & Associates, Inc. City of Diamond Bar
701 Parkcenter Drive 21810 Copley Drive
Santa Ana, CA 92648 Diamond Bar, CA 91765-4178
Attn.: Jacob Vandervis, P.E. Attn.: David G. Liu, P.E.
Phone: (714) 560-8200 Phone: (909) 839-7040
E-Mail: JVandervis@TAIT.com E-mail: DLiu@DiamondBarCA.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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5.21.c
Packet Pg. 483
!
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!
Schedule of Fees
Employee Classification Hourly Rate
06 - Engineering Assistant ........................................................................................................................ 90.00
18 m Project Administrator ......................................................................................................................... 120.00
04 - Engineering Designer I ...................................................................................................................... 155.00
10 - Engineering Designer II ..................................................................................................................... 180.00
03 - Project Engineer I .............................................................................................................................. 205.00
25 m Project Engineer II ............................................................................................................................ 215.00
117 m Senior Project Engineer .................................................................................................................. 225.00
02 - Professional Engineer/Licensed Surveyor ........................................................................................ 245.00
17 - Senior Professional Engineer/Surveyor ............................................................................................ 260.00
52 - HcZ_TZaR] BBlllllllllllllllllllllllllllllllllllll+300.00
01 - Principal ............................................................................................................................................. 275.00
15 - Structural Engineer ............................................................................................................................ 270.00
05 - Permit Expediter I .............................................................................................................................. 120.00
11 - Permit Expediter II ............................................................................................................................. 140.00
09 m Project Coordinator ........................................................................................................................... 165.00
07 - Surveyor ............................................................................................................................................. 145.00
07 m Surveyor (Prevailing Wage) .............................................................................................................. 160.00
08 - Senior Survey Specialist/ Party Chief ................................................................................................ 190.00
08 m Senior Survey Specialist/ Party Chief (Prevailing Wage) ................................................................. 205.00
00 - Two man survey crew ........................................................................................................................ 330.00
22 - One Man Survey Crew with Robotics ............................................................................................... 210.00
13 - Project Manager I .............................................................................................................................. 180.00
54 - Entitlement Director lllllllllllllllllllllllllllll+++++++++++++ 215.00
125 - Assistane Hc‘[VTe FR_RXVclllllllllllllllllllllllllllll .. 165.00
90 - Hc‘[VTe FR_RXVc BBlllllllllllllllllllllllllllllllll+++205.00
The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m.
will be invoiced at 1.5 times the posted rate.
The above rates are inclusive of phone charges, fax charges, software and licensing fees, and photocopying
charges.
All rates will remain the same for the first three (3) years of the contract, then are subject to annual CPI
increases on January 1st in year four (4) and year five (5), if a contract extension is awarded.
2. Mileage, Travel and Per Diem
Auto Mileage: IRS Rate plus 15 percent
Air Travel and Auto Rental: Actual cost plus 15 percent
Per Diem: Actual cost of lodging and meals, plus 15 percent
3. Materials and Supplies
Office and CADD supplies are included in the hourly rates. Prints, plots and reproductions are charged at
cost plus 15 percent from commercial blueprint companies. In-house reproduction charges are as follows:
Prints Plots Color Plots
Bond $ .95/s.f. $.95/s.f. $6.00/s.f.
Vellum 1.35/s.f. 1.65/s.f. 7.50/s.f.
4. Reimbursable Expenses
Will be billed at cost plus 15 percent. Client will pay directly for all permit and agency fees; otherwise cost
plus 15%. Subconsultant invoices will be billed at cost plus 15%.
5. Insurance Coverage
General Liability: $2,000,000
Errors/Omissions: $1,000,000
California Workers' Compensation - Statutory
Certificates of insurance coverage will be provided upon request.
5.21.c
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3220 Executive Ridge
Suite 210
Vista, CA 92081
760.560.0100
www.salasobrien.com
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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of June 20, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") and LAE
Associates, Inc., a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the On-Call Civil Engineering and
Architectural Services set forth in the attached Exhibit "A", which is incorporated
herein by this reference. As a material inducement to the City to enter into this
Agreement, Consultant represents and warrants that it has thoroughly investigated the
work and fully understands the difficulties and restrictions in performing the work.
Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Nicholas Delgado, Engineering Technician, (herein r
nt will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereun the
Project Manager, and that all performances required hereunder by Consultant shall be
.
2. Term of Agreement. This Agreement shall take effect July 1, 2023, and
shall continue until June 30, 2026 unless earlier terminated pursuant to the provisions
herein.
The City Manager shall have the option to extend this Agreement for one (1)
additional two (2) year term, subject to the same terms and conditions contained
herein, by giving Consultant written notice of the exercise of this option at least thirty
(30) days prior to the expiration of the initial Term. In the event the City exercises its
option to extend the Term, Consultant's compensation shall be subject to an adjustment
upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
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services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed One Hundred Thousand Dollars and Zero Cents
($100,000.00) annually without the prior written consent of the City. The above not to
exceed amount shall include all costs, including, but not limited to, all clerical,
administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
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. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
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
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audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shal
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty l 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. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1)Any and all claims under Work
benefit acts with respect to contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion f unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind; and
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(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
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 ten (10) day's prior written notice thereof. Consultant agrees that it will not
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cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
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
Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
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
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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
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
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event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
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21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Reserved.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
5.21.d
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addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
LAE Associates, Inc. City of Diamond Bar
650 N Rose Drive, #182 21810 Copley Drive
Placentia, CA 92870 Diamond Bar, CA 91765-4178
Attn.: Fred Alamolhoda, P.E. Attn.: David G. Liu, P.E.
Phone: (714) 993-2840 Phone: (909) 839-7040
E-Mail: FredA@LAEassociates.com E-mail: DLiu@DiamondBarCA.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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Agenda #: 5.22
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SIXTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH EXTERIOR PRODUCTS CORPORATION FOR EXTERIOR
DÉCOR & LIGHTING MAINTENANCE THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Sixth Amendment to the
Maintenance Services Agreement with Exterior Products Corporation through June 30,
2024.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for Fiscal Year 2023/24 would be
$182,600. Sufficient funds are included in the Fiscal Year 2023/24 Public Works
Operating Budget to cover the cost of such services.
BACKGROUND:
Exterior Products has been providing exceptional service and support to the City for
over 15 years, starting with the military & special event banner programs. In March of
2016, the City and Exterior Products entered into the current services agreement, which
over time, has been amended to include the followings programs and services:
Military Banners
Special Event Banners
USA Flags on Grand Ave.
Restaurant Week Banners
Lighting Maintenance & Electrical services
Holiday Décor (Banners, intersections & City Hall)
Windmill Holiday Display & Lighting
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ANALYSIS:
During the preparation of the 2023/24 fiscal year operating budget, staff started
negotiations with Exterior Products to secure the most competitive pricing for the
services they provide. Through this process, staff was able to negotiate an average line-
item increase for labor of 2.8% (CPI).
The following are estimated program costs for fiscal year 2023/24:
Military Banners $17,000
USA Flags on Grand Ave. $20,600
Restaurant Week Banners $10,000
Lighting Maintenance & Electrical services $98,500
Holiday Décor (Banners, intersections & City Hall) $16,500
Windmill Holiday Display & Lighting (new for FY22/23) $20,000
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.22.a Sixth Amendment to Vendor Services Agreement - Exterior Products exec
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Agenda #: 7.1
Meeting Date: June 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
PERMANENT LOCAL HOUSING ALLOCATION ("PLHA") PROGRAM.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2023-25 approving the City's participation in Years 1 through 3
of the Los Angeles Urban County PLHA Program; identifying proposed activities for
the expenditure of $649,080 in combined PLHA funding; and authorizing the City
Manager to sign a reimbursable contract with the Los Angeles County Development
Authority ("LACDA"); and
B. Determine that the proposed action does not constitute a project and is therefore
exempt from the California Environmental Quality Act (“CEQA”).
FISCAL IMPACT:
The PLHA Program is a SB 2 funded program that provides an ongoing annual source
of funding through State Property Transfer Fees. The City has been allocated a
combined $649,080 in funding for Years 1 through 3 of the PLHA Program based on the
State’s allocation formula. No additional funding is required to participate in the
program. If the City does NOT request the funds and identify a purpose for them, the
funds will be returned to the State.
BACKGROUND
The PLHA Program was approved by the State legislature in 2017. It is designed to
provide an ongoing annual source of funding for the construction of affordable housing,
programs to assist persons who are experiencing or are at risk of homelessness, or
other housing-related assistance programs for low-to-moderate income households.
Similar to the Community Development Block Grant program for non-entitlement cities,
the PLHA funding is first allocated to a regional entity, in this case the Los Angeles
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County Development Authority (LACDA). The funding is then distributed to individual
participating cities according to an allocation formula.
In Fiscal Years 2020-21 (“Year 1”) and 2021-22 (“Year 2”), the City was allocated a
combined total of $358,416 in PLHA funding. However, as a result of “many
unanticipated challenges” at the County and State levels, this funding has only recently
been made available to Diamond Bar. Year 1 and 2 funding is still being withheld from
LACDA partner cities that do not have certified housing elements, so Diamond Bar is
fortunate to have overcome that hurdle. Similarly, the allocation of Year 3 PLHA
funding was delayed and is only now being allocated to the County and its partner
cities.
On April 6, 2023, LACDA issued a bulletin (Attachment 2) listing the Year 3 PLHA
funding allocations for each participating city. Diamond Bar is listed as eligible to
receive $290,664 in Year 3 PLHA funding, for a three-year total of $649,080. To begin
receiving these funds, the City is required to adopt and submit a City Council resolution
to LACDA by June 30, 2023, listing the program activities that will be funded.
Pursuant to the rules set forth by LACDA, Year 1 and 2 funds must be fully expended by
December 31, 2024. Year 3 funds must be spent by December 31, 2025.
DISCUSSION
The SB 2 legislation relating to PLHA funds specifies what eligible activities these funds
can be used to finance. Activities can be broadly categorized as follows:
1. Activities related to the construction or preservation of affordable housing or
supportive housing;
2. Matching funds to regional housing trusts;
3. Homelessness services and prevention programs;
4. Accessibility modifications for lower-income, owner-occupied housing;
5. Acquisition and rehabilitation of foreclosed or vacant homes; and
6. Programs that expand homeownership opportunities including but not limited to
down-payment assistance programs.
Of the eligible activities listed above, it is recommended that the City allocate its
carryover Year 1 & 2 PLHA funding totaling $358,416, and its new Year 3 PLHA funding
totaling $290,664 to expand its successful Home Improvement Program. The proposed
programming of these funds is summarized below:
• Home Improvement Program Funding Augmentation – $409,080
The CDBG HIP offers deferred loans to eligible low- and moderate-income
homeowners of single-family detached housing for necessary home improvements,
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as well as repairs to mitigate building and safety code deficiencies and/or violations.
The City’s HIP policies currently provide interest-free, deferred loans of up to
$20,000 to eligible households. Loans become payable when the homes are sold or
refinanced.
The City Council adopted the current HIP Program Policies in July of 2016.
Increasing construction and materials costs over the intervening seven years have
progressively limited the scope of work that a $20,000 loan can accommodate, and
is no longer enough to cover certain jobs, such as reroofs that require new
sheathing. However, supplementing our CDBG allocation with PLHA funding would
enable the City to increase individual HIP loan amounts to keep pace with rising
costs, and issue more loans, without requiring cuts in the City’s other CDBG
programs, such as Senior Programming and ADA curb ramp construction.
Staff recommends that the Council allocate $409,800 of the City’s PLHA funds to
increase the individual HIP loan cap to $30,000 through the end of 2025. The
expenditure deadlines are as follows:
o $238,416 of Year 1 and 2 funds must be spent by December 31, 2024.
o $170,664 of Year 3 funds must be spent by December 31, 2025.
The approved FY 2023/24 CDBG budget allocates $120,000 to the Home
Improvement Program. If the same amount is allocated in FY 2024/25 and FY
2025/26 approximately 13 HIP loans at $20,000 apiece (including administrative
costs) could be issued by the end of calendar year 2025. With the recommended
allocation of PLHA funds to augment the Home Improvement program, the City
would be able as many as 20 HIP loans, all at proposed increased loan limit of
$30,000 each.
• Condominium Home Improvement Program (“CHIP”) – $240,000
The CHIP will offer deferred loans to eligible low- and moderate-income
homeowners of residential condominiums and townhomes. The program will be
administered in essentially the same manner as the HIP, but staff recommends
capping the loan amount to $20,000 because costlier improvements, such as roof
maintenance and exterior repairs, are the responsibility of the respective
condominium homeowners associations. The proposed allocation of $240,000
would fund ten $20,000 loans through the end of 2025.
According to LACDA, the City may make adjustments to the PLHA funding allocations
between the two programs, if appropriate. For example, If the demand for CHIP loans
is higher than anticipated, the City could reallocate funds from the HIP allocation.
ENVIRONMENTAL ANALYSIS:
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”). As such, this matter is exempt under CEQA.
SUMMARY OF RECOMMENDATIONS:
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It is recommended that the City Council adopt the attached resolution approving
participation in Years 1 through 3 of the Los Angeles Urban County PLHA Program,
identifying the use of $649,080 in combined PLHA funding to augment the existing
Home Improvement Program (“HIP”), and establish the Condominium Home
Improvement Program (“CHIP”) to expand the number of owner-occupied households
eligible to receive interest-free, deferred loans for essential home improvements; and
authorizing the City Manager to sign a reimbursable contract with LACDA.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a Resolution No. 2023-25
2. 7.1.b April 6, 2023 LACDA Bulletin
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RESOLUTION NO. 2023-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN
COUNTY PERMANENT LOCAL HOUSING ALLOCATION PROGRAM BY
AUTHORIZING THE CITY MANAGER TO SIGN A REIMBURSABLE
CONTRACT WITH THE LOS ANGELES COUNTY DEVELOPMENT
AUTHORITY (“LACDA”) ACTING ON BEHALF OF THE COUNTY.
WHEREAS, the City of Diamond Bar (“City”) desires to participate in the Los
Angeles Urban County Permanent Local Housing Allocation (“PLHA”) Program; and
WHEREAS, the City authorizes the execution of a Reimbursable Contract with the
County of Los Angeles in order to receive said PLHA funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. That the City Council does hereby authorize the City Manager to
execute any and all documents, including a reimbursable contract with the Los Angeles
County Development Authority acting on behalf of the County of Los Angeles, necessary
for participation in the Los Angeles Urban County PLHA Program on behalf on behalf of
the City of Diamond Bar.
Section 2. That the City Council determines that the proposed action does not
constitute a project under the California Environmental Quality Act (“CEQA”), based on
Section 15061(b)(3) of the CEQA Guidelines.
Section 3. The City Clerk shall attest and certify to the passage and adoption of
this Resolution and enter it into the book of original resolutions, and it shall become
effective immediately upon its approval.
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023.
CITY OF DIAMOND BAR
__________________________
Andrew Chou, Mayor
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Resolution No. 2023-25
2
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California do hereby certify that
the foregoing Resolution was duly and regularly passed, approved and adopted by the
City Council of the City of Diamond Bar, California, at its regular meeting held on the 20th
day of June, 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________
Kristina Santana, City Clerk
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TO:PLHA PARTICIPATING CITIES
This bulletin provides information to our Participating Cities (Cities) on the Permanent Local Housing
Allocation (PLHA) Program and on PLHA Year 3 funding to Cities who meet PLHA regulatory and eligibility
requirements.
We are pleased to announce that the California Department of Housing and Community Development has
announced that the County of Los Angeles (County) will receive an allocation of $18,858,143 for PLHA
Year 3 of this program. Cities who have a State-approved Housing Element are invited to follow the
instructions below to program their PLHA Year 3 allocation to implement eligible affordable housing programs.
Cities can verify compliance with State Housing Element Law pursuant to GC Section 65585 at
https://www.hcd.ca.gov/planning-and-community-development/housing-elements.
Attachment A provides the new PLHA Year 3 allocation amounts available to Cities that qualify and wish
to utilize these funds for current or new eligible activities. To receive PLHA Year 3 funding, Cities with a
State-approved Housing Element who wish to use their available allocation for PLHA Eligible Activities,
must submit a Letter of Intent and proposed Exhibit A form to opt-in and receive funding. The Letter of
Intent must include concise details of the proposed Activity and Sub-Activity, if applicable, and describe
how the City will spend the funds by December 31, 2025.
Please consider the complexity of the project being proposed, available resources, and whether the
funding amount can be expended by the expenditure deadline. Because the shared allocation limits the
amount of funding available to each jurisdiction, PLHA may not be the best funding source for all eligible
activities. If a City does not submit a Letter of Intent, the available allocation will be retained by the County
and reallocated to Countywide program(s).
Please adhere to the following deadlines to receive funding:
1. May 1, 2023 - The Letter of Intent must be completed and submitted to the LACDA.
2. May 31, 2023 - Proposed Exhibit A form must be submitted (Attachment B).
3. June 30,2023 - City Council approval resolution must be submitted (Attachment C - Sample).
23-0005
April 6, 2023
PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PROGRAM YEAR 3 FUNDING INSTRUCTIONS FOR
PARTICIPATINGCITIES
IMMEDIATELY 1 3
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