City 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
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American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.
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 threeyear 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 notto-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 notto-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 notto-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 notto-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 Packet Pg. 12
Attachments:
1. 5.1.a June 6, 2023 Regular City Council Minutes
5.1 Packet Pg. 13
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
JUNE 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.
5.1.a
Packet Pg. 14
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
Packet Pg. 15
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;
5.1.a
Packet Pg. 16
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
5.1.a
Packet Pg. 17
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 - LS2100655 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 AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
239 21109 $187.52
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
241 21109 $187.52
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
225 21109 $216.47
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
238 21109 $291.36
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
207 21109 $379.34
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
201 21109 $484.01
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED 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 AGNTS303248DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/09/2023
250 21109 $2,227.01
6/9/2023 VANTAGEPOINT TRNSFR AGNTS303248DEFERRED 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 - ONCALL APR 2023207650 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 CONSULTANTAPRIL 2023 INVOICE301630 56104 $644.00 6/13/2023 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL CONSULTANTAPRIL 2023 INVOICE301630 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
Value Investments
Market
Value
Par
Value
Days to
Term Maturity
YTM/C
Federal Credit Union CD 7,207,000.00 7,141,725.46 7,207,000.00 9.73 1,323 1,050 3.645 Local Agency Investment Funds 9,444,806.18 9,323,208.21 9,444,806.18 12.75 1 1 2.993 Corporate Notes 1,000,000.00 939,709.63 944,740.25 1.28 1,667 773 3.945 Federal Agency Coupon Securities 12,000,000.00 11,971,169.72 11,972,812.22 16.16 963 667 3.745 Federal Agency Disc. -Amortizing 14,250,000.00 14,131,821.51 14,131,821.51 19.07 140 61 4.994 Treasury Coupon Securities 13,000,000.00 12,755,893.35 12,928,581.69 17.45 1,060 684 2.770 Federal Agency Callable 9,000,000.00 8,636,023.00 8,997,856.98 12.14 1,512 524 2.386 Certificate of Deposit 3,959,000.00 3,816,303.49 3,958,579.25 5.34 1,523 827 2.146 Municipal Bonds 2,145,000.00 1,966,682.47 2,001,378.62 2.70 1,565 1,198 3.665 Money Market Fund 2,500,000.00 2,500,000.00 2,500,000.00 3.37 1 1 4.760 74,087,576.70 100.00%
Investments
74,505,806.18 73,182,536.84 825 491 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
3.41% 2.85%
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
Packet Pg. 44
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Credit Union CD
06251A3K4 10402 America's Credit Union 12/16/2021 248,000.00 227,139.23 248,000.00 1.350 1,826 1,294 1.350 12/16/2026 011852AE0 10547 Alaska USA FCU 03/08/2023 249,000.00 249,000.00 249,000.00 4.600 1,827 1,742 4.600 03/08/2028 02589ACS9 10419 American Express Bank 05/18/2022 246,000.00 244,052.66 246,000.00 3.100 1,097 718 3.100 05/19/2025 00224TAL0 10528 A+ FEDERAL CU 01/27/2023 249,000.00 249,000.00 249,000.00 4.700 731 606 4.700 01/27/2025 03784JTK0 10443 Apple Bank For Savings 07/22/2022 248,000.00 248,000.00 248,000.00 3.200 731 417 3.200 07/22/2024 052392BT3 10495 AUSTIN TELCO FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.800 1,826 1,573 3.800 09/21/2027 07181JAG9 10444 Baxter Credit Union 07/22/2022 248,000.00 248,000.00 248,000.00 3.150 731 417 3.150 07/22/2024 14042THZ3 10453 Capital One Bank USA 07/27/2022 248,000.00 248,000.00 248,000.00 3.500 1,826 1,517 3.500 07/27/2027 16863LAE5 10502 CHIEF FINANCIAL FCU 10/12/2022 249,000.00 249,000.00 249,000.00 4.600 1,098 866 4.600 10/14/2025 19123RAA0 10529 COCA-COLA FCU 01/31/2023 249,000.00 249,000.00 249,000.00 4.600 1,098 977 4.600 02/02/2026 20367GBD0 10440 Community Commerce Bank 07/27/2022 248,000.00 248,000.00 248,000.00 3.050 1,280 971 3.050 01/27/2026 20825WBC3 10474 Connexus CU 08/26/2022 248,000.00 248,000.00 248,000.00 3.500 1,096 817 3.500 08/26/2025 39573LAV0 10255 GREENSTATE CREDIT UNION 02/26/2021 248,000.00 224,875.74 248,000.00 0.650 1,826 1,001 0.650 02/26/2026 42228LAH4 10496 HEALTHCARE SYSTEMS FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.600 1,461 1,208 3.600 09/21/2026 856285E98 10410 State Bank of India 01/31/2022 248,000.00 230,670.75 248,000.00 1.750 1,827 1,341 1.750 02/01/2027 472207AE9 10491 JEANNE D'ARC CREDIT UNION 09/30/2022 249,000.00 249,000.00 249,000.00 3.800 1,826 1,582 3.800 09/30/2027 530520AC9 10530 LIBERTY FIRST CU 01/27/2023 249,000.00 249,000.00 249,000.00 4.500 1,096 971 4.500 01/27/2026 55026MAE5 10487 LUMINATE BANK 09/15/2022 249,000.00 249,000.00 249,000.00 3.400 1,826 1,567 3.400 09/15/2027 59524LAA4 10549 MID CAROLINA CU 03/13/2023 249,000.00 249,000.00 249,000.00 4.850 1,096 1,016 4.850 03/13/2026 795451BQ5 10461 Sallie Mae Bank 07/06/2022 248,000.00 248,000.00 248,000.00 3.400 1,097 767 3.400 07/07/2025 87868YAL7 10551 TECHNOLOGY CU 03/23/2023 249,000.00 249,000.00 249,000.00 5.000 1,096 1,026 5.000 03/23/2026 89235MNT4 10442 Toyota Financial SGS Bank 07/22/2022 248,000.00 248,000.00 248,000.00 3.400 1,826 1,512 3.400 07/22/2027 914242AA0 10492 UNIVERSITY CREDIT UNION 09/26/2022 249,000.00 249,000.00 249,000.00 4.000 1,096 848 4.000 09/26/2025 90352RCM5 10424 US ALLIANCE FED CREDIT UNION 05/31/2022 249,000.00 246,987.08 249,000.00 3.100 1,095 729 3.100 05/30/2025 90353EBC6 10550 USF FCU 03/15/2023 249,000.00 249,000.00 249,000.00 5.050 915 837 5.050 09/15/2025 917352AA4 10454 Utah Community Fed Cr Union 07/27/2022 248,000.00 248,000.00 248,000.00 3.150 730 421 3.150 07/26/2024 06543PDA0 10494 BANK OF THE VALLEY NE 09/30/2022 249,000.00 249,000.00 249,000.00 4.100 1,826 1,582 4.100 09/30/2027 91823MBE4 10499 VCC BANK 10/14/2022 249,000.00 249,000.00 249,000.00 4.250 1,461 1,231 4.250 10/14/2026 92348DAA7 10500 VERIDIAN CU 10/24/2022 249,000.00 249,000.00 249,000.00 4.500 1,096 876 4.500 10/24/2025 Subtotal and Average 7,207,000.00 7,207,000.00 7,141,725.46 7,207,000.00 1,323 1,050 3.645 Local Agency Investment Funds
LAIF 10028 Local Agency Investment Fund 9,444,806.18 9,323,208.21 9,444,806.18 2.993 1 1 2.993 Subtotal and Average 9,057,709.41 9,444,806.18 9,323,208.21 9,444,806.18 1 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
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Corporate Notes
06048WR36 10515 Bank of America Corp. 12/27/2022 500,000.00 446,065.13 446,065.13 2.000 1,638 1,482 5.000 06/22/2027 89236TDK8 10223 Toyota MTR Credit Corp 02/28/2019 500,000.00 493,644.50 498,675.12 2.250 1,693 139 3.001 10/18/2023 Subtotal and Average 944,086.53 1,000,000.00 939,709.63 944,740.25 1,667 773 3.945 Federal Agency Coupon Securities
3133ENA83 10446 Federal Farm Credit Bank 07/18/2022 500,000.00 499,934.33 499,934.33 3.000 358 40 3.120 07/11/2023 3133ENZG8 10458 Federal Farm Credit Bank 07/11/2022 500,000.00 501,930.19 501,930.19 3.375 1,075 750 3.176 06/20/2025 3133EPBH7 10543 Federal Farm Credit Bank 03/01/2023 500,000.00 498,463.10 498,463.10 4.750 723 631 4.939 02/21/2025 3133EPCG8 10545 Federal Farm Credit Bank 03/01/2023 1,000,000.00 994,325.26 994,325.26 4.125 1,736 1,644 4.267 12/01/2027 3130ARHG9 10416 Federal Home Loan Bank 03/29/2022 2,000,000.00 1,974,200.00 1,996,845.60 2.125 701 272 2.344 02/28/2024 3130ASGU7 10432 Federal Home Loan Bank 06/16/2022 1,000,000.00 1,020,268.00 999,264.90 3.500 1,821 1,471 3.520 06/11/2027 3130ASJ59 10447 Federal Home Loan Bank 07/18/2022 1,000,000.00 1,006,605.06 1,006,605.06 3.375 1,425 1,107 3.141 06/12/2026 3130ASDS5 10460 Federal Home Loan Bank 07/08/2022 1,000,000.00 996,375.28 996,375.28 2.750 721 393 3.099 06/28/2024 3130AMRY0 10479 Federal Home Loan Bank 09/21/2022 1,000,000.00 999,894.06 999,894.06 0.125 254 1 4.031 06/02/2023 3130AT6G7 10483 Federal Home Loan Bank 09/22/2022 750,000.00 744,488.16 744,488.16 3.500 722 470 4.100 09/13/2024 3130ATVD6 10533 Federal Home Loan Bank 02/22/2023 750,000.00 748,317.53 748,317.53 4.875 569 470 5.058 09/13/2024 3130AV2E1 10534 Federal Home Loan Bank 02/22/2023 500,000.00 499,641.50 499,641.50 5.000 364 265 5.103 02/21/2024 313373B68 10537 Federal Home Loan Bank 02/27/2023 500,000.00 496,854.12 496,854.12 4.375 1,110 1,016 4.619 03/13/2026 3134GYMT6 10542 Federal Home Loan Mtg Corp 03/20/2023 500,000.00 500,000.00 500,000.00 5.820 1,096 111 5.820 03/20/2026 45818WED4 10498 INTER-AMERICAN DEV. BANK 09/13/2022 500,000.00 489,873.13 489,873.13 2.980 1,731 1,470 3.902 06/10/2027 Subtotal and Average 11,970,656.04 12,000,000.00 11,971,169.72 11,972,812.22 963 667 3.745 Federal Agency Disc. -Amortizing
313384GY9 10510 Federal Home Loan Bank 12/20/2022 1,000,000.00 998,104.17 998,104.17 4.550 178 15 4.719 06/16/2023 313384HY8 10511 Federal Home Loan Bank 12/07/2022 1,000,000.00 994,962.50 994,962.50 4.650 215 39 4.832 07/10/2023 313384MD8 10526 Federal Home Loan Bank 01/23/2023 750,000.00 738,702.08 738,702.08 4.675 245 116 4.865 09/25/2023 313384HT9 10532 Federal Home Loan Bank 01/31/2023 1,500,000.00 1,493,341.67 1,493,341.67 4.700 155 34 4.864 07/05/2023 313384PM5 10535 Federal Home Loan Bank 02/24/2023 1,000,000.00 976,302.22 976,302.22 4.960 269 172 5.179 11/20/2023 313384LP2 10536 Federal Home Loan Bank 02/24/2023 1,000,000.00 986,088.33 986,088.33 4.910 199 102 5.106 09/11/2023 313384KN8 10538 Federal Home Loan Bank 02/28/2023 1,000,000.00 989,519.44 989,519.44 4.900 170 77 5.086 08/17/2023 313384HE2 10540 Federal Home Loan Bank 03/10/2023 1,000,000.00 997,095.00 997,095.00 4.980 104 21 5.123 06/22/2023 313384HK8 10552 Federal Home Loan Bank 04/28/2023 2,000,000.00 1,993,016.11 1,993,016.11 4.835 60 26 4.942 06/27/2023 313384JP5 10553 Federal Home Loan Bank 05/04/2023 1,000,000.00 992,635.00 992,635.00 4.910 82 54 5.034 07/25/2023 313384KT5 10554 Federal Home Loan Bank 05/05/2023 1,000,000.00 988,793.33 988,793.33 4.920 109 82 5.064 08/22/2023 313384JP5 10556 Federal Home Loan Bank 05/22/2023 1,000,000.00 992,530.00 992,530.00 4.980 64 54 5.094 07/25/2023 313384KC2 10557 Federal Home Loan Bank 05/22/2023 1,000,000.00 990,731.66 990,731.66 4.980 77 67 5.104 08/07/2023 Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 46
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Subtotal and Average 13,572,164.29 14,250,000.00 14,131,821.51 14,131,821.51 140 61 4.994 Treasury Coupon Securities
91282CDQ1 10403 U.S. Treasury 01/04/2022 1,000,000.00 925,664.00 996,295.54 1.250 1,822 1,309 1.357 12/31/2026 91282CED9 10415 U.S. Treasury 03/22/2022 3,000,000.00 2,903,439.00 2,972,173.30 1.750 1,089 653 2.290 03/15/2025 912828WJ5 10417 U.S. Treasury 04/25/2022 2,000,000.00 1,983,672.00 1,995,933.75 2.500 751 349 2.720 05/15/2024 912828Y87 10434 U.S. Treasury 06/08/2022 1,000,000.00 975,742.00 988,962.85 1.750 784 426 2.730 07/31/2024 9128286Z8 10435 U.S. Treasury 06/14/2022 1,000,000.00 976,875.00 984,714.90 1.750 747 395 3.222 06/30/2024 91282CEW7 10436 U.S. Treasury 07/14/2022 1,000,000.00 1,008,865.38 1,008,865.38 3.250 1,812 1,490 3.014 06/30/2027 9128285J5 10445 U.S. Treasury 07/18/2022 1,000,000.00 997,128.04 997,128.04 3.000 1,201 883 3.125 10/31/2025 9128285C0 10456 U.S. Treasury 07/11/2022 1,000,000.00 996,493.73 996,493.73 3.000 1,177 852 3.158 09/30/2025 91282CEU1 10459 U.S. Treasury 07/08/2022 1,000,000.00 996,582.67 996,582.67 2.875 1,073 745 3.051 06/15/2025 912828T26 10482 U.S. Treasury 09/21/2022 1,000,000.00 991,431.53 991,431.53 1.375 374 121 4.039 09/30/2023 Subtotal and Average 12,925,603.91 13,000,000.00 12,755,893.35 12,928,581.69 1,060 684 2.770 Federal Agency Callable
3133EMSH6 10258 Federal Farm Credit Bank 03/03/2021 500,000.00 463,515.50 500,000.00 0.790 1,826 1,006 0.790 03/03/2026 3133EMVS8 10259 Federal Farm Credit Bank 04/14/2021 500,000.00 468,659.00 500,000.00 0.690 1,461 683 0.690 04/14/2025 3133ENKG4 10397 Federal Farm Credit Bank 01/11/2022 1,000,000.00 933,642.00 1,000,000.00 1.470 1,826 224 1.470 01/11/2027 3133ENMA5 10405 Federal Farm Credit Bank 01/26/2022 1,500,000.00 1,417,582.50 1,500,000.00 1.840 1,826 1,335 1.840 01/26/2027 3133ENH52 10475 Federal Farm Credit Bank 08/23/2022 500,000.00 500,000.00 500,000.00 4.030 1,826 1,544 4.030 08/23/2027 3130AL7M0 10254 Federal Home Loan Bank 02/24/2021 500,000.00 460,993.50 499,590.42 0.625 1,826 84 0.686 02/24/2026 3130AQKJ1 10406 Federal Home Loan Bank 01/28/2022 1,500,000.00 1,398,064.50 1,500,000.00 1.700 1,826 57 1.700 01/28/2027 3130ARYU9 10428 Federal Home Loan Bank 05/23/2022 1,000,000.00 994,442.00 1,000,000.00 3.000 641 267 3.000 02/23/2024 3130AUDL5 10513 Federal Home Loan Bank 12/30/2022 750,000.00 750,000.00 750,000.00 4.550 1,826 578 4.550 12/30/2027 3134GXYM0 10433 Federal Home Loan Mtg Corp 06/28/2022 750,000.00 749,124.00 748,266.56 3.125 731 27 3.567 06/28/2024 3134GYE57 10527 Federal Home Loan Mtg Corp 01/26/2023 500,000.00 500,000.00 500,000.00 5.020 547 55 5.020 07/26/2024 Subtotal and Average 8,997,788.28 9,000,000.00 8,636,023.00 8,997,856.98 1,512 524 2.386 Certificate of Deposit
066519QK8 10256 BANK UNITED NA 03/05/2021 248,000.00 224,768.35 248,000.00 0.650 1,826 1,008 0.000 03/05/2026 14042RRH6 10429 Capital One Bank 05/18/2022 248,000.00 246,036.83 248,000.00 3.100 1,097 718 3.100 05/19/2025 23288UAA5 10555 Cy Fair FCU 05/19/2023 249,000.00 249,000.00 249,000.00 4.350 1,461 1,448 4.355 05/19/2027 254673F68 10431 Discover Bank 06/01/2022 246,000.00 244,005.19 246,000.00 3.100 1,097 732 3.100 06/02/2025 246399AB5 10451 Deleware Police Fed Credit Uni 07/20/2022 246,000.00 245,579.25 245,579.25 3.000 618 302 3.210 03/29/2024 29278TKJ8 10230 EnerBank USA 08/07/2019 247,000.00 241,213.04 247,000.00 2.150 1,827 433 2.152 08/07/2024 38149MZJ5 10260 Goldman Sachs Bank 09/08/2021 248,000.00 225,703.81 248,000.00 1.050 1,826 1,195 1.051 09/08/2026 Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 47
Days to
Maturity
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2023
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Certificate of Deposit
48128UDS5 10250 JP Morgan Chase 05/28/2020 248,000.00 231,727.23 248,000.00 1.000 1,826 362 1.001 05/28/2025 59001PAS8 10457 Meritrust Fed CU 07/08/2022 248,000.00 248,000.00 248,000.00 3.350 1,096 768 3.350 07/08/2025 61760AZR3 10226 Morgan Stanley Bank 05/02/2019 246,000.00 243,893.01 246,000.00 2.750 1,827 336 2.753 05/02/2024 70962LBH4 10414 Pentagon Federal Credit Union 03/22/2022 248,000.00 234,447.30 248,000.00 1.800 1,462 1,026 1.800 03/23/2026 70320KAX9 10257 Pathfinder Bank 03/11/2021 249,000.00 225,981.94 249,000.00 0.700 1,826 1,014 0.000 03/11/2026 75472RAE1 10233 Raymond James Bank NA 08/23/2019 247,000.00 240,310.01 247,000.00 2.000 1,827 449 2.002 08/23/2024 87165GR79 10430 Synchrony Bank 05/20/2022 248,000.00 246,033.11 248,000.00 3.100 1,096 719 3.100 05/20/2025 88413QDM7 10455 Third Fed Savings & Loan 07/27/2022 245,000.00 245,000.00 245,000.00 3.400 1,826 1,517 3.402 07/27/2027 90348JS92 10261 UBS Bank USA 09/09/2021 248,000.00 224,604.42 248,000.00 0.950 1,826 1,196 0.000 09/09/2026 Subtotal and Average 3,805,945.45 3,959,000.00 3,816,303.49 3,958,579.25 1,523 827 2.146 Municipal Bonds
13032UXL7 10252 CALIF STATE HLTH FACS AUTH 11/04/2020 200,000.00 189,923.60 200,000.00 0.752 1,305 366 0.752 06/01/2024 13032UXM5 10253 CALIF STATE HLTH FACS AUTH 11/04/2020 250,000.00 231,621.25 250,000.00 0.952 1,670 731 0.952 06/01/2025 13077DMK5 10251 California St Univ Rev-Bond 09/17/2020 100,000.00 93,759.00 100,000.00 0.685 1,506 519 0.685 11/01/2024 54438CYL0 10523 LOS ANGELES CA CMNTY CLG DIST 01/05/2023 365,000.00 327,877.80 327,877.80 1.174 1,304 1,157 4.700 08/01/2026 738850TA4 10522 POWAY UNIFIED SCHOOL DIST 01/04/2023 1,230,000.00 1,123,500.82 1,123,500.82 2.414 1,670 1,522 4.750 08/01/2027 Subtotal and Average 1,999,925.40 2,145,000.00 1,966,682.47 2,001,378.62 1,565 1,198 3.665 Wells Fargo Sweep Account
SWEEP 10036 Wells Fargo 07/01/2012 0.00 0.00 0.00 0.010 1 1 0.010 Subtotal and Average 0.00 0.00 0.00 0.00 0 0 0.000
Money Market Fund
857492888 10562 State Street Advisors 05/31/2023 2,500,000.00 2,500,000.00 2,500,000.00 4.760 1 1 4.760 52470G882 10561 Western Asset 05/25/2023 0.00 0.00 0.00 5.150 1 1 5.150 Subtotal and Average 467,741.94 2,500,000.00 2,500,000.00 2,500,000.00 1 1 4.760 Total and Average 70,948,621.24 74,505,806.18 73,182,536.84 74,087,576.70 825 491 3.492 Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 48
Days to
Maturity
Par Value Book Value
Stated
Market Value Rate
May 31, 2023
Portfolio Details - Cash
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
0.00 70,948,621.24 74,505,806.18 825 491 3.492
Average Balance 0 0
Total Cash and Investments 73,182,536.84 74,087,576.70
Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM2) 7.3.0
5.3.b
Packet Pg. 49
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
Subtotal 7,207,000.00
Local Agency Investment Funds (Monthly Summary)
LAIF 10028 Local Agency Investment Fund 2.993 2,000,000.00 1,000,000.00 Subtotal 2,000,000.00 1,000,000.00 9,444,806.18
Corporate Notes
Subtotal 944,740.25
Federal Agency Coupon Securities
Subtotal 11,972,812.22
Federal Agency Disc. -Amortizing
313384FK0 10508 Federal Home Loan Bank 4.535 05/10/2023 0.00 2,000,000.00 ** 313384FS3 10524 Federal Home Loan Bank 4.625 05/17/2023 0.00 750,000.00 ** 313384FA2 10539 Federal Home Loan Bank 4.730 05/01/2023 0.00 2,000,000.00 ** 313384JP5 10553 Federal Home Loan Bank 4.910 05/04/2023 988,816.11 0.00 313384KT5 10554 Federal Home Loan Bank 4.920 05/05/2023 985,103.33 0.00 313384JP5 10556 Federal Home Loan Bank 4.980 05/22/2023 991,146.67 0.00 313384KC2 10557 Federal Home Loan Bank 4.980 05/22/2023 989,348.33 0.00 Subtotal 3,954,414.44 4,750,000.00 14,131,821.51
Treasury Coupon Securities
Subtotal 12,928,581.69
Federal Agency Callable
Subtotal 8,997,856.98
Certificate of Deposit
23288UAA5 10555 Cy Fair FCU 4.350 05/19/2023 249,000.00 0.00 Subtotal 249,000.00 0.00 3,958,579.25
Municipal Bonds
Subtotal 2,001,378.62
Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM3) 7.3.0
** - Indicates incomplete recording of maturity redemption.
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 50
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
Subtotal 0.00
Money Market Fund
857492888 10562 State Street Advisors 4.760 2,500,000.01 0.01 52470G882 10561 Western Asset 5.150 2,000,000.00 2,000,000.00 Subtotal 4,500,000.01 2,000,000.01 2,500,000.00
Total 10,703,414.45 7,750,000.01 74,087,576.70
Portfolio POOL
AP
Run Date: 06/13/2023 - 10:32 PM (PRF_PM3) 7.3.0
5.3.b
Packet Pg. 51
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
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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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*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
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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 terms 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 selfservice 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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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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• 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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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: [email protected]
One Tyler Drive, Yarmouth, ME 04096
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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 ontime 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 Leads Tyler 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 Leads Schedule 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 Leads Provide
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 Leads Create 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 Leads Initial 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 Leads Provide pre-requisites A R I I I I I
Complete prerequisites 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 Leads Current 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 Leads Extract 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 Leads Review 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 Leads Conduct 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 Leads Conduct 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 Cityspecific 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 Leads Provide 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 Leads Update 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 Leads Perform 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 Com mittee
Project ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (PowerUsers)Department HeadsEnd UsersTechnical Leads Update 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 (Cityled) 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 golive 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 Leads Provide 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 Leads Transfer 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 Leads Schedule 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 Leads Reconcile 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 phasedependent 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 Leads Conduct 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 (offthe-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 3 | P a g e
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 Live 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 newly 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
[email protected]
(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: [email protected]
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 Management Services Proposal – Software Replacement of a Land Management System 6 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 productivity 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 management 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 successes. 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. The 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 fiveyear 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 nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a 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: [email protected] E-mail: [email protected]
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
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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
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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 multiSensor 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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1 Professional Services – Non Design
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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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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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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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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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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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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Diamond Bar, CA 91765-4178
Attn.: Attn.: __City Clerk __________
Phone: Phone: (909) 839-7010
E-Mail: E-mail: [email protected]
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
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*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
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Exhibit 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
[email protected]
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
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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
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 / [email protected]
Address: 1592 N. Batavia Street, Suite 2 Orange, CA, 92867 Designated Construction Manager:
Jeremy Davis (Director of Security)
Phone / Email: 714-928-4198 / [email protected]
Address: 1592 N. Batavia Street, Suite 2 Orange, CA, 92867
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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
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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.
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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.
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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.
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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.
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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.
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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
[email protected]
Security System Investment Summary
Base Project Total
CLOUD SERVICING FEES / PREMIER
SERVICE $ 18,865.00
[email protected] (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,
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Representative John Ward
Mobile 714.402.2117
Office (714) 693-7800
Email [email protected]
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.
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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:
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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 Packet Pg. 212
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 20
th 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 20
th 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
4 Exhibit A
5.10.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
City 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
Public Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 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.
5.10.b
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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."
5.10.b
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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.
5.10.b
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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 Landscaped Areas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.
Access to Improved Landscaped Areas within the District Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments.
This is a direct advantage and special benefit to property in the District. 1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014
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 Views within the Assessment Districts
The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.
Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.
In other words:
Total
Benefit = General Benefit + Special Benefit
5.10.b
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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
Annual 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 thencurrent Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014
5.10.b
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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
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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
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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
Packet Pg. 242
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
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CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP