1 Professional Services - Design
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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of April 1, 2025, by and between the City of Diamond Bar, a municipal corporation ("City"), and NBS Government Finance Group, 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 Assessment District Engineer Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
Nicholas Delgado, Management Analyst (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 April 1, 2025, and shall continue until December 31, 2028, unless earlier terminated pursuant to the provisions herein.
The City Manager shall have the option to extend this Agreement for one (1) additional two (2) year terms, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month.
3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper 2 Professional Services - Design
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invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty-Eight Thousand, Six Hundred Twenty Dollars and Zero Cents ($48,620.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of receipt, 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. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is 3 Professional Services - Design
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audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.
D. Consultant 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 a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty 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. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees, and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion 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. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and
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(3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not 5 Professional Services - Design
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cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“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 Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or 6 Professional Services - Design
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received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other 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 mailing of the notice. In the 7 Professional Services - Design
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event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.
20. Reserved.
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21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to 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.
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. 9 Professional Services - Design
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26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
NBS Government Finance Group City of Diamond Bar
32605 Temecula Parkway, Suite 100 21810 Copley Drive
Temecula, CA 92592 Diamond Bar, CA 91765-4178
Attn.: Michael Rentner, President Attn.: David Liu, Director Phone: 800-676-7516 Phone: 909-839-7040
Email: [email protected] Email: [email protected]
28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
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IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
NBS Government Finance Group 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
*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.
CITY OF DIAMOND
BAR
Proposal for:
Landscape Assessment District
Engineering Services
February 27, 2025
nbsgov.com
Aerial view of City of Diamond Bar
via Google Earth
helping communities
fund tomorrow since 1996
helping communities fund tomorrow
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
nbsgov.com
February 27, 2025
Nicholas Delgado
Management Analyst
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
RE: Proposal for Landscape Assessment District Engineering Services Dear Nicholas,
We understand that your City, the City of Diamond Bar, needs to hire an experienced firm to ensure that the special assessments for the three Assessment Districts are calculated and collected as accurately as possible, while striving to ensure that the City gets the most revenue that it is entitled to under the assessment formula.
These assessments provide the revenue to support the parks, medians, and other assets and the high quality of life that your community values. Communication and data transparency are of importance, as well.
If awarded this contract, we intend to take as much of the administrative burden off your hands so that you can focus on running the City. NBS will proactively and diligently research and then track the parcels, catalogue any unique situations from year to year, provide necessary reporting, and place our toll-free phone number on the tax bills for property owners and related parties to contact us via our Customer Care team. We have some excellent options to discuss with you regarding online data access, via our D-FAST ® proprietary software system and our CivicMic outreach and engagement services.
By way of background, NBS has nearly three decades of history providing these types of services. Last year, we placed over $1 Billion on property tax rolls across the State. Many cities, school districts and other local governments turn to NBS for these types of services. This includes, for example, the cities of Los Angeles, Palmdale, Long Beach, Whittier and others in LA County, as well as the Manhattan Beach Unified School District.
NBS has recently collaborated with nearby communities on a value capture project as part of the LA Metro team.
We have an excellent track record in interfacing with the LA County tax collection system and staff. Across California, we provide these types of services – from National City in the south to San Bruno and Fortuna up north.
In the recent past, a number of cities have turned to NBS when they realized that their current consultant was not doing the appropriate research and performing due diligence. In many cases (Palmdale is one such case), NBS was able to “find” thousands of errors and commensurate dollars in revenue via this due diligence.
Please contact me at 800.676.7516 or via email at [email protected] if you have any questions or would like to discuss our professional qualifications further. We would genuinely like to work on this project and help the City move forward successfully.
Sincerely,
Danielle Wood Michael Rentner, Authorized Signer
Director President
Proposal for City of Diamond Bar NBS | 4
District Consulting Group
2 | FIRM’S EXPERIENCE/REFERENCES
In
Business
NBS is a 100%
employee-owned
S-Corporation
NBS HEADQUARTERS
32605 Temecula Pkwy | Suite 100
Temecula, CA 92592
SAN FRANCISCO REGIONAL OFFICE
870 Market Street | Suite 1223
San Francisco, CA 94102
CONTACT: Danielle Wood
800.676.7516
[email protected]
LEGAL NAME
NBS Government
Finance Group
DBA
NBS
INDIVIDUAL AUTHORIZED TO NEGOTIATE
AGREEMENT
Michael Rentner, President
The NBS District Consulting Group ensures your Special Financing Districts (SFD) and related revenue tools are well-developed from their inception, and then administered robustly over their lifetime.
We act as strong advocates for our public agency clients to ensure that any SFD or other revenue tool is appropriate and well-crafted for the need. Throughout our engagement, we provide sage guidance and recommendations. We are often called upon to present complex issues to councils, boards and interested parties.
We have supported thousands of SFDs including millions of parcels and have worked through virtually every conceivable challenge in their use. Our experience is with all manner of special assessments, special taxes – including Community Facilities Districts (CFDs) – and other fees.
Whether the need is identifying and funding negative fiscal impacts, financing needed infrastructure, or providing community-desired services, our expert consultants have deep experience and help navigate the challenges.
AT-A-GLANCE: HELPING COMMUNITIES FUND TOMORROW
Since 1996, NBS has supported California
municipalities with the implementation and
ongoing administration of local funding
tools.
While the firm originally focused on Special
Financing Districts (SFDs), specifically the
formation and administration of special
assessments and taxes, we have evolved
with our clients’ needs and now provide a
full range of revenue consulting services. We
focus on sustainable water and wastewater
utility rate programs, cost allocation plans,
cost recovery, and legally justified fee design.
Across all practice areas, we have worked
with more than 500 public agencies to date,
including cities, counties, school districts,
utilities, and special districts.
*NBS levied over $1 billion for FY 2024/25
across more than 6 million parcels.
29 YEARS
52 employees
$1B
Levied*
Proposal for City of Diamond Bar NBS | 10
3 | PROJECT UNDERSTANDING
Project Understanding
The services required by the City pertain to annually updating the City’s three existing Landscape Maintenance District Numbers 38, 39-2022 and 41-2021. As highlighted in this proposal, NBS boasts a 29- year legacy of delivering the precise services outlined in the RFP. We have successfully provided these services to more than 150 public agencies across Southern California and the entire state. Our team of 52 professionals manage millions of parcels within Assessment Districts and similar parcel tax-based districts.
We developed our own internal proprietary software, called D-FAST ®, to assist us with data management.
Using the latest GIS tools and other resources, NBS proactively manages the annual process.
TRANSITIONING THE WORK
NBS has successfully transitioned work from
previous consultants dozens of times. We
make this process as painless as possible by
providing the City key action items needed for
a smooth transition. Our proven onboarding
process ensures a seamless integration for City
staff. Additionally, D-FAST® allows us to view
the essential data in real-time, ensuring the
accuracy of district records.
We aim to give the City peace of mind and
reassurance that their districts are being
assessed accurately and completely. Within
this initial setup, we upload the district's data
by fund number, draw the boundaries established at the time of formation, and conduct a visual analysis.
Our extensive experience with hundreds of similar SFDs and the systems we have developed ensure this accuracy.
For instance, in the illustration above, the parcels highlighted in green represent properties currently levied for that specific district. The parcels highlighted in red represent those located within the district boundary but are not being levied, parcels that straddle the district boundary, and those parcels located outside of the boundary that are being levied in error (district boundaries are illustrated by the dark blue outline).
At NBS, we provide real-time data application and offer the City a visual representation to tell the story. A picture is worth a thousand words, and when it illustrates missing parcels, it could highlight millions of dollars over time. Our goal is to capture as much revenue as possible for the essential services that the City provides to its constituents. This also ensures that local dollars are being spent within the designated local communities.
Scope of Services
We understand the scope to follow to include the City’s desired objectives and deliverables:
1. Consultation with City staff to discuss scope, objectives, and deadlines
2. Review existing methodology for assessment processes This is a visual representation of D-FAST capabilities in annually reviewing districts being levied, reflecting possible issues that could happen over time if neglected.
Proposal for City of Diamond Bar NBS | 11
3. Confirmation of total number of assessable parcels
4. Provide levy calculations for each tax year
5. Preparation of Engineer’s Reports (draft/final)
6. Preparation of City Council Resolutions
7. Preparation of staff reports, presentations, and other documents
8. Participation in meetings and public hearings
9. Response to public inquiries and appeals
10. Submit City Council approved Assessment Rolls in the required format to the County of Los Angeles and provide confirmation to the City.
Noting the RFP-provided scope of work above, below outlines our standard process for Landscape and Lighting Assessment District administration. At the kickoff meeting, we can review and customize the scope to meet the specific needs of the City.
1972 Act Landscape and Lighting Assessment District (LLAD) Administration
KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel and other interested parties to:
• Establish lines of communication.
• Clarify the specific project goals, components and criteria that will meet the City’s preference. • Identify and resolve any special circumstances that may be involved in the administration of the District.
• Develop project schedules to meet legal requirements and provide for effective interfacing of all involved parties.
• Establish meeting points consistent with schedule to achieve project milestones. • Establish and coordinate with City staff a schedule to assure completion of necessary actions and compliance with statutes.
DATABASE DEVELOPMENT
NBS will update the database with the current County Assessor’s information including property owner names and addresses, and any other available data that will augment the existing database.
BUDGET PREPARATION
NBS will meet with City staff to review the district budget/s for the coming fiscal year. The budget/s will be based on historical costs and actual and/or projected changes in costs and/or improvements to be maintained. Cost categories may include, but are not limited to, capital improvements and maintenance costs, incidental costs (engineering, legal, City administration) and reserve funds.
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ASSESSMENT COMPUTATION AND RATE ANALYSIS
NBS will compute the assessments for each parcel according to the Method of Assessment for each district.
NBS will provide an assessment summary which will include the maximum assessments and current year assessments, separated by zone and method of assessment categories, as applicable.
ENGINEER’S REPORT PREPARATION
NBS will prepare the annual Engineer’s Reports and provide to City staff. The annual Engineer’s Reports do not require a Registered Professional Engineer (PE) signature and stamp unless an assessment increase, as defined by Proposition 218, occurs. The Reports will consist of:
• District background information.
• A detailed and technically supported Method of Assessment. • A description of the improvements and services that are being funded by the district. • A cost estimate for the improvements and services being funded. • Copy or reference to the original District Diagram.
• A table showing assessment levies by zone and method of assessment categories. • An Assessment Roll listing assessments by parcel or reference a complete roll on file with the City.
REPORT REVIEW AND APPROVAL
NBS will meet via conference call with City staff to review the Engineer’s Reports for modifications and approval.
NOTICING AND RESOLUTION COORDINATION
NBS will coordinate activities to ensure that required tasks are completed within the scheduled time frame.
NBS will assist the City (or the City’s legal counsel) with preparation of any notice of public hearing or other meetings requiring publication. NBS will assist the City (or the City’s legal counsel) with preparation of the staff report, all legal notices and the associated resolutions described below:
• Resolution describing improvements, initiating proceedings, and ordering the engineer to prepare and file a report for the City.
• Resolution preliminarily approving the Engineer’s Report. • Resolution of Intention declaring the intention of the City Council to levy and collect assessments and setting a date for the public hearing.
• Resolution authorizing the placement of assessments on the secured property tax bills.
COUNCIL MEETING ATTENDANCE
NBS will attend the public hearing as requested by the City.
LEVY SUBMITTAL
NBS will submit the levy to the County Auditor-Controller in the required format. Assessments rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll.
Any parcels that are not accepted by the County for collection will be invoiced with payment to be directed to the City.
Proposal for City of Diamond Bar NBS | 13
MAINTAIN DISTRICT DATA
NBS will annually track all parcel changes to ensure that all changes are documented. Historical parcel change data will be maintained by NBS.
ANNUAL LEVY REPORT
NBS will provide an annual Levy Summary Report for each district. The report will include a parcel listing with key rate identifiers and final levy amounts. Parcel and levy data can be provided via an emailed electronic file and printed, if desired.
CONSULTING SUPPORT
NBS shall provide a toll-free phone number for use by the City, other interested parties and all property owners. NBS will be available to answer questions regarding the districts and the ongoing collection of assessments. Bilingual staff is available to assist Spanish-speaking property owners.
PROPOSITION 218 COMPLIANCE
NBS has worked with many public agencies to comply with the requirements of Proposition 218. Each agency has different requirements and resources to complete the necessary tasks of assessment balloting procedures. Therefore, NBS recommends an individually tailored approach to Proposition 218 compliance.
Fees for such services will be negotiated at the appropriate time.
ASSESSMENT DIAGRAM
NBS will obtain the existing assessment diagram and will make reference to any annexations or parcel changes, as necessary, for an additional fee.
ENGINEER SIGNATURE AND STAMP OF ANNUAL ENGINEER’S REPORT NBS will have our Registered Professional Engineer (PE) review the Engineer’s Report for signature and stamp as requested by the City.
As-Needed Formation Services | Optional
An optional scope for 1972 Act Assessment District Formation services is provided in Appendix B for the City’s consideration.
D-FAST Online Software | Optional
As mentioned, D-FAST® is an optional service enhancement for the City’s experience that allows direct access to the relevant data. This option is not part of the base Annual Administration services and fees.
NBS developed D-FAST®, an acronym for District Fees, Assessments, and Special Taxes, which has become the industry-leading software. We use this powerful administrative tool in-house to administer a wide range of special taxes, special assessments, and other parcel charges for our clients. It is also licensed to public agencies across the United States for their internal use. D-FAST® is an optional Proposal for City of Diamond Bar NBS | 14
service enhancement for the District’s experience to access the data; however, this selection is completely optional and is not conditional to perform the Annual Administration services.
Our D-FAST® web portal, called D-FAST® Online Pro, is available to our clients (small annual subscription fee) and uniquely combines real-time D-FAST data with County parcel boundaries and Google Maps. It provides “real-time” access to districts and
underlying parcel data, allowing the City to:
• Gain enhanced insight with integrated
Google Map’s satellite imagery, street
maps, and 360° street view.
• View ownership, property information,
and boundaries for each parcel.
• See detailed billing & payment history
for each account.
• Understand a particular parcel’s
background and status.
• Confirm if there are overlapping
districts on a single parcel.
With D-FAST® Online Pro, City staff have enhanced access to the data while NBS still provides the full administration and toll-free phone support.
Public Engagement and Outreach | Optional
As communication is paramount, the NBS team developed the CivicMic platform, which focuses on providing collaborative governance services including outreach, public engagement, and adaptive management, bringing citizen voices into the governance process. Through our customized approach, we engage residents of diverse backgrounds for unique perspectives using social media and other collaborative activities.
Potential Concerns
We do not anticipate concerns or issues related to this project but provide the following for the City’s consideration.
ASSESSMENT DEFENSE
Even though a legal challenge is not expected at this stage (years after the formation of the districts), NBS can support the City through challenges to the assessments.
Proposal for City of Diamond Bar NBS | 15
In our experience, ensuring the accuracy and fairness of assessments is paramount to connecting to the community. At NBS, we pride ourselves on our meticulous approach to assessment methodology, which has resulted in a flawless track record with no legal challenges to date. Our team is dedicated to proactively preventing issues by thoroughly vetting questions and data at a high level. In the event of a legal challenge, we stand ready to assist the City with data accuracy reviews, appeal processes, and responses to property owner claims, ensuring that assessments are calculated based on the adopted methodology and recent changes in assessment law.
We work diligently on prevention of issues and vet questions and data at a high level. For this engagement, we would first review the assessment methodology and provide recommendations, even knowing that this has been vetted by the previous consultant. The environment and practices continue to evolve, and NBS is looked to as the consultant who can provide proactive recommendations where others have failed to do so.
To that end, NBS views our relationship with the City as an extension of staff. We will essentially be “on retainer” to provide the services listed within our administration scope. NBS will interface with property owners and others in defense of the assessment and discuss a myriad of issues with certain parties. This is a part of our annual service provided at no additional cost. NBS will also defend its work, as is customary and contractually provided for. In the case of a lawsuit against the assessment itself, NBS would work closely with the City to provide resources as needed, some of which may logically be out of scope or out of the norm.
In the event of a legal challenge to the assessments or claim by a property owner that they do not receive special benefits or other allegations, NBS would assist the City with responding to a property owner challenge or claim by:
• Reviewing the accuracy of the data used as the basis of the assessment and if incorrect, we would amend the assessment levy to reflect the proportional special benefit received. Our experience has found that the County Assessor’s data may not always reflect special characteristics for a parcel that would affect the special benefit that a parcel receives. This is part of our annual administration process, without additional cost.
• Assisting the City in establishing an appeal process if the City has not already adopted one. This ensures that property owner challenges or claims are reviewed in a consistent and timely manner. • Preparing a written response to the City that clearly outlines how the assessment was calculated based upon the adopted assessment methodology as approved by the City Council. • Conducting an annual review of the City’s adopted assessment methodology in view of recent changes in assessment law or court cases that may affect the City’s basis of assessment.
Proposal for City of Diamond Bar NBS | 16
4 | SCHEDULE
The following is an overview of our proposed project schedule. We will discuss a detailed schedule at the kick-off meeting, along with the expected timing for individual tasks.
LLAD Annual Administration Timeline for the City of Diamond Bar Month Activity Deliverable
April Notice to Proceed Contract
April Kick-Off Meeting Detailed Timeline
April Commence budget/cost recovery process Budget
April Database Development Full Database
May Council Meeting ordering Engineer’s Report Resolutions and Staff Reports
May Prepare Draft Engineer’s Report Draft Engineer’s Report May Refine Engineer’s Report Final Engineer’s Report
June Council Meeting approving Engineer’s Report
and setting Public Hearing
Resolutions and Staff
Reports
June Public hearing and adoption of Engineer’s Report
and Annual Levies
Resolutions and Staff
Reports
July Prepare final levies
Quality control process Initial Levy Submittal
August Final Levy Check and review Levies to the County September Manage any rejected or direct bill parcels
Reconcile annual levies
Direct bills
Final Reconciliations
October Prepare Annual Reports
Respond to Property owner phone calls Final Levy Summary November Respond to property owner phone calls Excellent Property Owner Services
December Respond to property owner phone calls Excellent Property Owner Services
Proposal for City of Diamond Bar NBS | 26
APPENDIX B | SCOPE FOR AS-NEEDED FORMATIONS
1972 Act Assessment District Formation | Optional
Phase 1 - Proposition 218 Special vs. General Benefit Analysis Based on the City’s mention of any future districts as appropriate, we have included our formation scope for the City’s consideration.
BUDGET DEVELOPMENT
NBS will review a budget for the projected costs of improvements, maintenance, and services. Cost categories may include, but not be limited to, all relevant expenses, capital improvements, incidental costs (engineering, legal, City staff, consultants and ongoing administration), operating reserves, capital improvement reserves, and equipment/material replacement reserves.
PARCEL DATABASE
NBS will establish a parcel database for assessor parcels as currently shown on the County assessor's parcel maps or development maps. The database will include land divisions, ownership and mailing information, and parcel information relevant to the spread of the assessments.
SPECIAL VS. GENERAL BENEFIT ANALYSIS
NBS will review the proposed improvements, maintenance, services, budgets, location and type of improvements, special benefit, general benefit, and recent case law with legal counsel. Meet with City staff and legal counsel to discuss appropriate and/or alternative approaches to the proposed assessment district. Provide staff with related support for the duration of the project.
CITY REVIEW
NBS will communicate with City staff for the review of costs, improvements, maintenance, services, statute requirements and benefits conferred.
SEPARATION AND QUANTIFICATION OF SPECIAL AND GENERAL BENEFIT NBS will analyze improvements, maintenance, services, proposed boundaries, district characteristics, parcel characteristics, special and general benefits conferred, and assessment engineering industry standards and sources to separate and quantify special vs. general benefit in compliance with the special benefit requirements of Proposition 218 for review by all stakeholders.
METHOD OF ASSESSMENT (RATES)
NBS will prepare a Method of Assessment, including rates, in compliance with the proportionality requirements of Proposition 218 for review by all stakeholders.
FINDINGS AND RECOMMENDATIONS MEMO
NBS will prepare a Memo summarizing the findings and recommendations. The main goal of the report is to separate and quantify special and general benefit and to provide a Method of Assessment for the proposed assessment district in accordance with the special benefit and proportionality requirements of Proposal for City of Diamond Bar NBS | 27
Proposition 218 and recent case law. The report will provide analysis and numerical support for the breakdown of special vs. general benefit and the Method of Assessment. The City will use the report to determine the amount of the general fund contribution and the amount that can be assessed under the proposed assessment district. The City may also use the report for community outreach efforts where all stakeholders may provide input, and participate.
MEETING ATTENDANCE
NBS will attend up to two in-person meetings (including community outreach meetings) to address questions and/or concerns. NBS will attend additional in-person meetings as requested by the City subject to additional expenses for time and travel.
Phase 2 - Proposition 218 Landscape and Maintenance Assessment District Formation Services
PROJECT SCHEDULE
NBS will communicate with City staff, legal counsel and other interested parties to:
• Establish lines of communication.
• Clarify the specific project goals, components and criteria that will meet the City’s preference. • Identify and resolve any special circumstances that may be involved in the formation. • Develop project schedules to meet legal requirements and provide for effective interfacing of all involved parties.
• Establish meeting points consistent with the schedule to achieve project milestones. • Establish and coordinate with City staff a schedule to assure completion of necessary actions and compliance with statutes.
RESOLUTIONS, NOTICES AND BALLOTS
NBS will work with legal counsel to prepare Resolutions, notices and ballots, as required, for compliance with the 1972 Act and Proposition 218. NBS will review legal notice of the public hearing to be published by the Clerk, as required, by the 1972 Act.
PRELIMINARY ENGINEER’S REPORT
NBS will prepare, submit and review with City staff a Preliminary Engineer’s Report, including description of improvements, map of improvements, plans and specifications, cost estimate, assessment methodology, assessment roll and diagram.
FINAL ENGINEER'S REPORT
NBS will prepare, submit and review with City staff a Final Engineer's Report, including description of improvements, map of improvements, plans and specifications, cost estimate, assessment methodology, assessment roll and diagram.
PUBLIC HEARING AND BALLOT TABULATION
NBS will tabulate the ballots returned via the most appropriate method (bar code or other) and report the results to the legislative body at the completion of the public hearing.
Proposal for City of Diamond Bar NBS | 28
DIAGRAM RECORDATION
NBS will record the diagram with the County Recorder.
LEVY CALCULATION
NBS will calculate the first year’s levy and process for approval by City Council simultaneously with the assessment formation proceedings.
MEETING ATTENDANCE
NBS will attend the public hearing in-person to tabulate the ballots and address questions and/or concerns.
NBS will attend additional in-person meetings as requested by the City subject to additional expenses for time and travel.
CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City staff and all stakeholders. NBS staff will be available to answer questions regarding the formation.
Fee Proposal for City of Diamond Bar NBS | 1
FEE PROPOSAL
Our proposed fees below are based upon our understanding of the varied project areas and include reasonable assumptions. We understand that there may be project areas with varying degrees of complexity. As with all our engagements, we fully anticipate collaborating with the City to refine the final scope and fee, should we be selected for this project.
Over multiple decades, NBS has identified a range of hours required to complete administration for all types of Special Financing Districts. We do not invoice any additional hours above those utilized for pricing the work. Due to the various tasks required throughout the year, our Administration services are annual fees which are spread over the year through quarterly billing. These are not billed hourly.
CITY OF DIAMOND BAR - LLAD No. 38
Director
(McCargo)
Senior
Consultant
(Harvey)
Engineer
(Egan/
Tamargo)
Clerical/
Support
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$250 $200 $225 $110
Landscape Assessment District Engineering Services (No. 38) Kickoff Meeting/Project Schedule 2.0 2.0 $400
Database Development 4.0 4.0 800
Budget Preparation 2.0 2.0 400
Assessment Computation and Rate Analysis 4.0 4.0 800
Engineer's Report Preparation 4.0 1.0 5.0 910
Report Review and Approval 1.0 1.0 250
Noticing and Resolution Coordination 2.0 2.0 400
Council Meeting Attendance 2.0 2.0 400
Levy Submittal 2.0 2.0 400
Maintain District Data 2.0 2.0 400
Annual Levy Report 1.0 1.0 200
Consulting Support 1.0 2.0 10.0 13.0 1,750
Proposition 218 Compliance - -
Assessment Diagram - -
Engineer Signature and Stamp of Annual Engineer's Report 1.0 1.0 225 TOTAL NOT TO EXCEED FY 2025/26 2.0 27.0 1.0 11.0 41.0 $7,335 TOTAL NOT TO EXCEED FY 2026/27 $7,475
TOTAL NOT TO EXCEED FY 2027/28 $7,700
Grand Totals
Study Tasks
Hourly Rate
Consultant Labor (Hours)
Fee Proposal for City of Diamond Bar NBS | 2
CITY OF DIAMOND BAR - LLAD No. 39-2022
Director
(McCargo)
Senior
Consultant
(Harvey)
Engineer
(Egan/
Tamargo)
Clerical/
Support
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$250 $200 $225 $110
Landscape Assessment District Engineering Services (No. 39-2022) Kickoff Meeting/Project Schedule 2.0 2.0 $400
Database Development 1.0 1.0 200
Budget Preparation 1.0 1.0 200
Assessment Computation and Rate Analysis 2.0 2.0 400
Engineer's Report Preparation 4.0 1.0 5.0 910
Report Review and Approval 1.0 1.0 250
Noticing and Resolution Coordination 1.0 1.0 200
Council Meeting Attendance 2.0 2.0 400
Levy Submittal 1.0 1.0 200
Maintain District Data 1.0 1.0 200
Annual Levy Report 1.0 1.0 200
Consulting Support 1.0 2.0 3.0 420
Proposition 218 Compliance - -
Assessment Diagram - -
Engineer Signature and Stamp of Annual Engineer's Report 1.0 1.0 225 TOTAL NOT TO EXCEED FY 2025/26 1.0 17.0 1.0 3.0 22.0 $4,205 TOTAL NOT TO EXCEED FY 2026/27 $4,350
TOTAL NOT TO EXCEED FY 2027/28 $4,500
Consultant Labor (Hours) Grand Totals
Study Tasks
Hourly Rate
CITY OF DIAMOND BAR - LLAD No. 41-2021
Director
(McCargo)
Senior
Consultant
(Harvey)
Engineer
(Egan/
Tamargo)
Clerical/
Support
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$250 $200 $225 $110
Landscape Assessment District Engineering Services (No. 41-2021) Kickoff Meeting/Project Schedule 2.0 2.0 $400
Database Development 1.0 1.0 200
Budget Preparation 1.0 1.0 200
Assessment Computation and Rate Analysis 2.0 2.0 400
Engineer's Report Preparation 4.0 1.0 5.0 910
Report Review and Approval 1.0 1.0 250
Noticing and Resolution Coordination 1.0 1.0 200
Council Meeting Attendance 2.0 2.0 400
Levy Submittal 1.0 1.0 200
Maintain District Data 1.0 1.0 200
Annual Levy Report 1.0 1.0 200
Consulting Support 1.0 2.0 3.0 420
Proposition 218 Compliance - -
Assessment Diagram - -
Engineer Signature and Stamp of Annual Engineer's Report 1.0 1.0 225 TOTAL NOT TO EXCEED FY 2025/26 1.0 17.0 1.0 3.0 22.0 $4,205 TOTAL NOT TO EXCEED FY 2026/27 $4,350
TOTAL NOT TO EXCEED FY 2027/28 $4,500
Consultant Labor (Hours) Grand Totals
Study Tasks
Hourly Rate
Fee Proposal for City of Diamond Bar NBS | 3
Formation Fees | Optional
Phase 1 .................................................................................................................................................. $TBD Phase 2 .................................................................................................................................................. $TBD Pricing for as-needed Formation services can be provided upon the City’s request.
D-FAST Online Pro Web Portal | Optional
One-Time Setup Fee ................................................................................................................................. $500 Annual Fee............................................................................................................................................. $1,500 D-FAST® is an optional service enhancement for the City’s experience that allows direct access to the relevant data. This option is not part of the base Annual Administration services and fees.
Public Engagement and Outreach | Optional
Service Fee............................................................................................................................................. $TBD Pricing for Public Engagement and Outreach services can be provided upon the City’s request.
EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees.
ANNUAL FEE INCREASES
As per the City’s RFP, cost of living increases shall be kept the same for the first three (3) years of the contract and a rate increase will only be considered in year four (4) and year five (5), if an extension is awarded. The Cost-of-Living Adjustment (COLA) would be the actual cost of living increase based on the 12- month change from April/May to April/May in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the applicable region.
ADDITIONAL OPTIONAL SERVICES – HOURLY RATES
The table on the following page shows our current hourly rates. Optional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate. This may include attendance at additional meetings, notice and ballots, etc.
Fee Proposal for City of Diamond Bar NBS | 4
Title Hourly Rate
Director $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Senior Project Analyst $165
Financial/Project Analyst $150
Project Resource Analyst $130
Clerical / Support $110
TERMS
Administration services will be invoiced at the beginning of each quarter. As-needed formation services will be invoiced monthly. Fees for all other services will be invoiced monthly for work completed. Expenses will be itemized and included in the next regular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of
1.5% per month. Either party can cancel consulting contract with 30 days’ written notice.