Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC-4375 C- 75
(>0-1Z
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
IMPLEMENTATION OF A NEW UTILITY BILLING SOFTWARE PACKAGE
1. PARTIES AND DATE.
This Agreement is made and entered into this -7-1(^ day of -3.“K.Lo ,
202:1 by and between the City of Arcadia, a charter city organized under the
Constitution and laws of the State of California with its principal place of business at 240
West Huntington Drive, Arcadia, California 91066-6021 ("City") and TruePoint Solutions,
LLC, a Limited Liability Company with its principal place of business at 3262 Penryn
Road, 100-B Loomis, CA 95650 ("Consultant"). City and Consultant are sometimes
individually referred to as "Party"and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing
implementation services for deployment of a new utility billing software package to
public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the implementation
of a new utility billing software package ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional software
implementation consulting services necessary for the Project ("Services"). The
Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
Revised 64,13
1
3.1.2 Term. The term of this Agreement shall be from January 1, 2021 to
December 31, 2021, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: Kent Johnson, Chief Executive Officer.
Revised 04 13
2
3.2.5 City's Representative. The City hereby designates Hue C. Quach,
Administrative Services Director, or his or her designee, to act as its representative for
the performance of this Agreement ("City's Representative"). City's Representative
shall have the power to act on behalf of the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Kent
Johnson, Chief Executive Officer, or his or her designee, to act as its representative for
the performance of this Agreement ("Consultant's Representative"). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise
and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
Revised 04:13
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, and employees free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its directors, officials, officers and
employees, from any liability, damages or causes of action arising out of or relating to
any claims that Consultant's employees, or the employees of any subcontractor hired by
Consultant, are not authorized to work in the United States for Consultant or its
subcontractor and/or any other claims based upon alleged IRCA violations committed
by Consultant or Consultant's subcontractor(s).
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer's consent to naming City, its directors, officials, officers, and
employees as an additional insured with proof of certificate of insurance that they are an
additional insured. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability. Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broadform property damage, explosion, collapse,
and underground, products and completed operations; (2) Automobile Liability:
Revised 04'13
4
Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
The City, its directors, officials, officers, and employees shall be listed as additional
insured. Any deductibles or self-insured retentions must be declared to and approved
by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
limit of$2,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of three
(3) years following completion of the Project, errors and omissions liability insurance
appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, and employees shall
be covered as additional insured with respect to liability arising out of Services
operations and for completed operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2)
the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its directors, officials, officers, employees and
volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, and
Revised 04 13
5
employees shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its directors, officials, officers, and employees
shall be excess of the Consultant's insurance and shall not be called upon to contribute
with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, and employees for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested of cancellation, of intended non-renewal or endorsement reduction in limit or
scope of coverage; provided, however, that in the event of cancellation due solely to
non-payment of premium, ten (10) days notice of cancellation for non-payment of
premium may instead be given to the City.; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, and employees.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, and employees.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
directors, officials, officers, and employees; or (2) the Consultant shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VII, admitted or approved
to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf and shall be on
Revised 04!13
6
forms provided by the City if requested. Copies of all certificates and endorsements
must be received and approved by the City before work commences. The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.10.9 Safety. Consultant shall execute and maintain its
work so as to avoid injury or damage to any person or property. In carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance
coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed $144,950
without written approval of the City Manager. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
shall, within forty-five (45) days of receiving such statement, review the statement and
pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
Revised 04%13
7
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
A termination without cause by City shall not act as or be deemed a waiver of any
potential known or unknown City claims associated with Consultant's performance prior
to the date of termination.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
Rei ised 04 13
8
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant:
TruePoint Solutions, LLC
774 Mays Blvd, 10-377
Incline Village, NV 89451
Attn: Kent Johnson, Chief Executive Officer
City:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91007
Attn: Hue C. Quach, Administrative Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. Except as otherwise required by
California law, all ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials
Revised 04,13
9
shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or
the Project. Nothing furnished to Consultant which is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the
prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, and employees free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any alleged acts, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages and attorney's fees and other related costs and expenses. Notwithstanding
the foregoing, to the extent Consultant's Services are subject to Civil Code Section
2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant shall defend with
Legal Counsel of City's choosing, at Consultant's own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials, officers, and employees.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, and employees, in any such suit, action or
other legal proceeding arising from Consultant's performance of the Services, the
Project or this Agreement; except to the extent that liability is caused by the active
negligence or willful misconduct by the City or its directors, officials, officers, and
employees. Consultant shall reimburse City and its directors, officials, officers, and
employees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
the City, its directors, officials, officers, and employees, and shall take effect
immediately upon execution of this Agreement.
3.5.5.2 The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Revised 04 13
10
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorneys' fees and all other costs of such
action.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 Citv's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
and employees except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
Revised 0413
11
3.5.14 Amendment: Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Revised 04+13
12
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein
are hereby incorporated into this Agreement by this reference.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
In witness whereof the Parties have executed this Professional Services
Agreement on the date set forth below.
CITY OF ARCADIA TruePoint Solutions, LLC
By - By e4.
Dominic Lazzare . ' Si.nature
City Manager
Date: �p, \3)202 k'E 1 ��U4�r�S0r� CE
-
Date:
Name and Title
ATTEST: Date: I ' -
By r
City Clerk Signature
APPROVED AS TO FORM: Vol,-; /IC41 1 CIa- ,,
Print Name arid Title
n
Date: 1-7— 20 _1
Stephen P. Deitsch
City Attorney CONCUR:
Hue C. Quac
Revised 04,13
13
EXHIBIT "A"
SCOPE OF SERVICES
The implementation of TruePoint's CIS/Utility Billing application (TrueBill), the customer query
and payment portal (TrueCIP) and cash management and point-of-sale application
(TrueCashiering) to replace the City's existing utility billing and customer information system.
I. Kickoff & Business Analysis
Definition:
This is the first meeting to be held between TruePoint and the City. Key project staff will be
introduced in the Kickoff Meeting and project goals will be outlined, along with an initial Project
Plan. Communication Plan & Status Meeting schedules will also be discussed.
Business Analysis sessions will be held following the Kickoff so that TruePoint will get a better
understanding of the City's current processes. Separate sessions will be held to discuss the
following topics: account management, meter inventory management, meter reading & review,
billing, delinquency, accounts receivable, and interfaces (initial review).
TruePoint Responsibilities
• Provide timely and appropriate responses to the City's request for information.
• Present the TruePoint Implementation Methodology to the City that will be used by
TruePoint to deliver Services.
• Lead a discussion of estimated timeline for the Services.
• Begin engaging in Business Analysis work sessions (including Interfaces)
City Responsibilities
• Provide timely and appropriate responses to TruePoint's request to schedule kickoff and
business analysis meetings.
• Make available the appropriate City key personnel to participate.
• Subject Matter Experts will be expected to provide report samples and details of day-to-
day, weekly, monthly, annual and other business processes.
• Provide adequate meeting facilities.
II. Initial TrueBill Configuration & Data Conversion
Definition:
This deliverable includes analysis, requirements documentation and conversion of the Legacy
systems data into the TruePoint data format. TruePoint will work directly with the City to determine
a final list of what data will be converted in the analysis phase. TruePoint and the City will work
together to perform all the data mapping requirements for the conversion. This task will include
building the scripts to execute the data conversion as defined by the agreed upon data conversion
document. As part of this task, TruePoint will perform the initial TrueBill configuration. This
includes: charge configurations, pick lists, delinquency, service orders, G/L codes, meter reading
import and export, and ad-hoc queries. The data provided to TruePoint must be clean and
accurate. Any data scrubbing, or data cleanup, will need to be performed by the City, or additional
funding may be required to accomplish this effort.
A-1
Key Items to be converted from the Legacy system:
• All Active customer accounts (Customers, Accounts & Service Locations) and associated
services or closed customer accounts with positive or credit balances will be converted.
• Customer Account Balances — The data conversion will include positive or negative
balance forward information for those accounts with a balance at the time of the
conversion. Positive balances will be represented with balance forward bill(s) containing
specific line items to represent the charges generated in the legacy system. Credit
balances will be represented with Credit memo(s).
• Meters and their associated account will be converted from the legacy system.
• Consumption History — up to 4 years of consumption history will be converted for each
actively installed meter in the legacy system.
• Customer Account Logs—All customer account log (note) information will be converted to
either a single log item or broken into multiple logs by log date. The City's data conversion
team will determine whether or not the logs can be broken out by date or remain single
log items.
• Error Codes on Meters — Error codes on active meters will be converted as log items on
the meter record in TrueBill.
TruePoint Responsibilities
• Provide timely and appropriate responses to the City's request for information.
• Assign and schedule appropriate TruePoint resources.
• Lead the development of the data conversion mapping document, which includes
scheduling appropriate meetings to define and document conversion requirements.
• Develop scripts to migrate data from legacy application to TrueBill.
• Lead the development of the conversions.
• Assist the City with troubleshooting any issues with the conversion.
City Responsibilities
• Provide timely and appropriate responses to TruePoint's request for Legacy data and
other information.
• Provide clean Legacy data to TruePoint.
• Provide knowledge of data to TruePoint when questions arise.
• Multiple data conversions will be run throughout this project for testing purposes, so City
will need to periodically provide newer source data.
• Provide read-only access to the current Legacy system to TruePoint if possible.
III. TrueBill Software Installation
Definition:
TruePoint will install the TrueBill software in a hosted/cloud-based environment using Amazon
Web Services (AWS) and configure initial TrueBill Production & Test databases.
TruePoint Responsibilities
• Software Installation (Production & Test environments).
• SQL Server database setup (Production & Test environments).
• IIS setup and configuration (Production & Test environments).
City Responsibilities
• Make City IT staff available to work with TruePoint to configure TrueBill access for City
use.
A-2
IV. Core Team Training
Definition:
This deliverable focuses on training the Core Team in the functions and processes of the TrueBill
system. The purpose is to educate the Core Team to enable them to make sound setup and
configuration decisions.
TruePoint Responsibilities
• Develop Core Team Training Curriculum.
• Schedule Core Team Training.
• Provide Training to the Core Team.
City Responsibilities
• Identify Core Team participants.
• Attend Core Team training sessions.
• Provide training environment (computers, projector, white board).
V. Final TrueBill Configuration & Testing
Definition:
This deliverable includes final configuration of the TrueBill system to meet the proposed business
processes and business requirements of the implementation. Bill comparison testing will also be
performed, to ensure that the TrueBill billing calculations matches the City's Legacy system.
TruePoint Responsibilities
• Develop system configurations.
• Develop and implement possible software enhancements.
• Test system configurations.
• Develop scripts to compare billing results between TrueBill and Legacy system.
City Responsibilities
• Provide answers to TruePoint questions about specific business processes.
• Provide variety of accounts for testing (i.e. single family, multi-family, commercial, etc.)
• Assist with testing configurations.
VI. Interfaces
Definition:
This deliverable includes the analysis, requirements documentation and development of the
interfaces to/from TrueBill. TruePoint will work directly with the City in defining the specifications
and requirements for these interfaces as well as designing and troubleshooting the interfaces.
TruePoint will create export files for those interfaces that are from TrueBill to another system,
since we will not write directly into a 3rd party database.
TruePoint Responsibilities
• Provide timely and appropriate responses to the City's request for information.
• Assign and schedule appropriate TruePoint resources.
• Lead the development of the interfaces.
• Develop interface specifications documents.
• Assist the City in troubleshooting any issues found in the functional testing of the
interfaces.
A-3
City Responsibilities
• Provide timely and appropriate responses to TruePoint's request for information.
• Oversee the functional testing of the interfaces.
• Allocate the time for qualified personnel to test and verify the interfaces.
• Allocate the time for qualified business and technical experts for the interface
requirements sessions that are critical to the project success.
VII. Report Development
Definition:
This service consists of TruePoint consultation for Report Development. Reports are an integral
part of the TruePoint solution.
There are limited hours for Report Development (includes requirements, design, development,
testing). For standard accounting and usage tracking, TruePoint will provide ample standard "off
the shelf' reports. However, as part of this Scope of Services, TruePoint will plan to develop
agency specific reports that will be determined in conjunction with City staff. If the City needs
additional reports developed, above and beyond the available hours within this Scope of Services,
a change order may be required for additional project funds or the City may elect to develop
additional reports using City staff resources.
Together, the City and TruePoint Project Management will determine the best approach for the
purpose of report development.
TruePoint Responsibilities
• Provide timely and appropriate responses to the City's request for information.
• Creation of report documentation which includes identification and analysis of City
specific reports.
• Report development.
• Assign and schedule appropriate TruePoint resources.
City Responsibilities
• Allocate the time for qualified business experts for the report specifications.
• Test TruePoint-created reports.
• Allocate report development time for qualified City personnel that are proficient in writing
reports.
• Ensure that city-created reports are developed accurately and to specification.
VIII. User Acceptance Testing (UAT)
Definition:
This Deliverable is defined as the consultation and support provided by TruePoint during the User
Acceptance Testing (UAT) Period. User Acceptance Testing will be conducted throughout the
project lifecycle as configuration, conversion and interfaces are developed and implemented.
Testing will be a shared role between TruePoint and the City, where City staff will be expected to
complete testing throughout the project.
TruePoint Responsibilities
• Provide timely and appropriate responses to the City's request for information.
• Assign and schedule appropriate TruePoint resources.
• Provide UAT support and oversight.
• Facilitate UAT completion.
A-4
City Responsibilities
• Make available the appropriate City resources to participate in system testing throughout
the project.
• Communicate any issues found in the acceptance testing to City management and
TruePoint.
• Make sure that TruePoint has remote network access for reviewing and troubleshooting
any issues found by the City.
IX. End User Training
Definition:
This deliverable focuses on preparing TrueBill users to use the software for daily operations. This
course will cover the TrueBill basics and key components of the software, focusing on tasks that
the end users need to perform. TruePoint best practices have proven that class sizes no larger
than 12 participants are more successful with students who meet the pre-requisites of the course.
TruePoint Responsibilities
• Provide timely and appropriate responses to the City's request for information.
• Assign and schedule appropriate TruePoint resources.
• Deliver current training documentation in a format that can be used to customize the
documentation.
City Responsibilities
• Arrange the time and qualified people for the training who are critical to the project
success.
• Provide suitable City facilities to accommodate various training classes (remote training
only).
• Users must be proficient in using PCs in a Windows environment.
• Users must be familiar with use of standard Internet browsers.
X: Go Live
Definition:
This Deliverable is defined as the official date in which TruePoint's products Go Live for daily City
usage. This date will be agreed to by both TruePoint and the City and will be included in the
Project Plan.
TruePoint Responsibilities
• Assign and schedule appropriate TruePoint resources.
• Run final data conversion scripts
• Provide support to end user functional questions.
• Assist with issues that may arise during the Go-Live.
• Performance monitoring of the system.
City Responsibilities
• Provide source legacy data for final data conversion
• Make available the appropriate City key users and content experts to participate in Go-
Live acceptance testing as defined and managed by the City.
• Provide TruePoint onsite staff with reasonable access to its equipment, systems,
personnel, and facilities to complete Go-Live.
• Make sure that TruePoint offsite staff have remote network access for reviewing and
troubleshooting any issues that may arise during Go-Live.
A-5
XI. Post-Implementation Support
Definition:
This is defined as the TruePoint support immediately following Go-Live. This remote support will
be for TruePoint to work with the City to identify and address issues during the one-week period
following Go Live. All issues identified that are within scope of this Scope of Services will be
added to the list of issues.
TruePoint Responsibilities
• Provide timely and appropriate responses to City's request for information.
• Assign and schedule appropriate TruePoint resources.
• Provide support to End Users functional questions.
• Assist with issues that may arise during the specified period agreed upon by the City and
TruePoint following Go-Live.
• Continue performance monitoring of the system.
City Responsibilities
• Make available the appropriate City key users and content experts to participate in Post
Deployment support.
• Make sure that TruePoint staff has remote network access for reviewing and
troubleshooting any issues that may arise following Go Live.
A-6
Exhibit "B"
SCHEDULE OF SERVICES
A draft project schedule is provided below. The final project schedule will be developed during
the project kick-off, in conjunction with both the City's Project Manager TruePoint's Project
Manager.
Month
Work Plan Task 1 2 3 4 5 6 7 8 9
PROJECT KICK OFF 111111111111111111111111111111111111
BUSINESS ANALYSIS ■-1111111111111111111111111111
DATA CONVERSION 11 11111111®
PROJECT PLANNING 111111111111111111111111111111111111
SOFTWARE INSTALLATION 111111111111111111111111111111111111
CORE TEAM TRAINING 111111 1111111111111111111111111111
SYSTEM CONFIGURATION 111111 1111111111111111111111
INTERFACES 11111111111111 1111■■■
REPORT DEVELOPMENT 111111111111
11 .11 IEEE
SYSTEM ACCEPTANCE TESTING 11111111.111111111111111.= 1111
END USER TRAINING 111111111111111111111111••• I
GO-LIVE 111111111111111111111111111111111111
Exhibit "C"
COMPENSATION
Implementation Services Hours Rate Cost
Project Management 80 - $175.00 - $14,000.00
Software Installation (Production &Training) 20 $165.00 $3,300.00
Business Analysis/Configuration 160 $165.00 $26,400.00
Data Conversion - Harris Datallow (since 1994) 210 $165.00 $34,650.00
Interfaces- Meter Reading, General Ledger and
80 $165.00 $13,200.00
XC2
Testing 80 $165.00 $13,200.00
Report Development 40 $165.00 $6,600.00
Documentation 60 $165.00 $9,900.00
Training 60 $175.00 $10,500.00
Go-Live 80 $165.00 $13,200.00
Total - Implementation Costs $144,950.00
All services will be provided remotely. Onsite assistance is available at the request of the City.
Expenses would be billed as incurred at actual cost and additional travel time rates would apply.
OF ARc
;
`IecorMreai
{uiui S.Ifo)
NattnIty o{� STAFF REPORT
Administrative Services Department
DATE: December 1, 2020
TO: Honorable Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
By: Henry Chen, Financial Services Manager/Treasurer
SUBJECT: SOFTWARE SERVICE AGREEMENT WITH TRUEPOINT SOLUTIONS
FOR IMPLEMENTATION OF THE TRUEBILL UTILITY BILLING
SOFTWARE IN THE AMOUNT OF $144,950
Recommendation: Approve
SUMMARY
The Administrative Services and Public Works Services Departments currently utilize a
utility billing software system that was implemented in 1994 and does not have advanced
billing or customer service functionality that most current utility billing software programs
are able to offer. The City's current utility billing software is hosted on the City's internal
server network infrastructure, with the current software company providing minimal
support and configuration as needed. To ensure the City is receiving the highest quality
of service and most competitive pricing for this type of software, the Administrative
Services Department solicited a formal Request for Proposals ("RFP"). TruePoint
Solutions has proposed a cloud-based system with the best combination of features and
usability, without the worry of aging technology, security, infrastructure maintenance, and
additional hardware costs.
Based on the evaluated proposals, it is recommended that the City Council approve,
authorize, and direct the City Manager to execute a Software Service Agreement with
TruePoint Solutions for implementation of the TrueBill utility billing software system in the
amount of$144,950.
BACKGROUND
The City's public water and sewer utility serves approximately 15,000 connections, a
majority of which are based on a tiered rate structure, billed on a bi-monthly basis,
generating approximately $15.5 million in revenue per year. The current utility billing and
customer information system, Datallow, was implemented in 1994 and provides billing
services for water, sewer, backflow devices, paramedic ambulance insurance, and a host
Utility Billing Software Service Agreement
December 1, 2020
Page 2 of 5
of other miscellaneous charges. Due to the aging technology of the City's current
software system, customers have repeatedly requested updated functionality, such as a
customer-billing portal with real time account information, which the City's current
software cannot provide.
The Datallow software is hosted internally on an antiquated Microsoft SQL Windows
Server 2008. There are inherent issues with running this type of software on an older
operating platform. When the program experiences technical issues, the City must solely
rely on Datallow to troubleshoot and resolve the issue. Currently, there is only one
database administrator who handles the Datallow system and this is the only individual
who has full knowledge of the inner workings of the system and the database. It is risky
for the City to rely on such a system without adequate backup maintenance and support.
DISCUSSION
The RFP requested a modern cloud solution for the new system so that there would be
adequate redundancies with state-of-the-art security and support. Having the software
on the cloud would allow regular updates to the software as well as robust technical
support. The City would not be relying on a single individual for support. The RFP also
called for a robust customer self-service portal so that customers would have a
convenient way of viewing their bills, processing payment, and opening tickets for service.
A Notice Inviting Proposals was published in the City's adjudicated newspaper and
proposal packages were distributed to vendors that provide utility billing software
programs. Eleven proposals were received and evaluated based on their experience and
qualifications, understanding of the utility billing software needs of the City, proposed
implementation process, and cost. The Administrative Services ("ASD") and Public Works
Services ("PWSD") Departments established an interdepartmental committee to review
and rank all received proposals.
Most of the proposals were informative and gave a good overview of their product. The
exceptions were two of the lowest cost proposals. DataGain did not appear to have a
product but offered instead to custom write a new program for the City. SEW did not
propose a utility billing software package but instead was offering only a customer portal.
The results of the evaluation with each company's ranking and associated cost are listed
below:
Rank Company Implementation Subsequent Annual
Cost Fees
1 Tyler Technologies $129,450 $53,447
2 TruePoint Solutions $144,950 $50,000
3 Harris City Suite $115,940 $16,000
4 Harris InHANCE $166,020 $16,000
5 Central Square $92,519 $7,921
Utility Billing Software Service Agreement
December 1, 2020
Page 3 of 5
6 Harris North Star $499,500 $109,875
7 Daffron $143,500 $20,600
8 DataGain $95,950 $11,400
9 Cogsdale $721,650 $84,433
10 Vertex One $254,048 $357,372
11 SEW $47,000 $59,000
Based on the ranking, the City invited the top five firms to present a demonstration of their
software and to answer questions from Staff. After reviewing the five demonstrations, the
top two firms were determined to be Tyler Technologies and TruePoint Solutions
("TruePoint"). Site visits were arranged to local customers of each vendor, which were
provided as references.
For the firms ranked from three to five, their products were lacking in certain features that
Staff felt were important to have in the new system. Harris City Suite did not have a
backflow program and their customer portal was not available for review. Harris
InHANCE did not have a customer portal and would need a 3rd party provider to integrate
into their software. Central Square's product was limited in its ability to be customized to
meet City requirements along with also not having a backflow program.
The PWSD visited the City of Chino Hills Utility Services Department to view Tyler
Technologies' Munis Utility Billing Software. The functionality of the software was
elaborately involved and not user friendly for resolving billing issues or addressing credits.
Reporting functions were minimal, and customization or reporting would cost extra.
Feedback on the implementation process was that the City of Chino Hills had to
additionally hire an outside consultant to complete the initial implementation on the City's
behalf due to the complexity during the configuration and data migration process. The
feedback on the software maintenance was that technological issues were slow to be
addressed and software support was lacking.
Both the ASD and PWSD visited Palmdale Water District to view TruePoint's TrueBill
utility billing system. The functionality of the system was optimal, with centrally connected
billing and reporting processes, streamlined workflow, and communication with other
third-party software systems seamlessly. Feedback on the implementation process was
positive and TruePoint came highly recommended.
After an extensive evaluation period, it was determined that TruePoint had the best
combination of features and functionality for what the City requires in a new utility billing
program. TruePoint's TrueBill utility billing software will replace the City's current
Datallow software, and will provide the following features:
• Utility billing solution with efficient access to account information, service orders,
and service-based assets
• Customer Payment/Inquiry Portal
Utility Billing Software Service Agreement
December 1, 2020
Page 4 of 5
• Central Cash Management and Accounts Receivable
• Full Meter Management
• Conservation Management
• Backflow Prevention with Field Inspection Portal
• Financials Integration
The new software system will provide a more streamlined process with the City's workflow
configured into the software for consistent management of all applications. Financial
controls, bill processing, customer account administration, and water meter and backflow
management, take place within the system, so all users can coordinate their
responsibilities with each other.
The cost for TruePoint's TrueBill software system was originally $212,000, which was
higher than what was budgeted. Having determined TruePoint as the best software
program, the City negotiated with the firm to reduce the cost while ensuring that the
software program will still meet the City's utility billing software needs. TruePoint
understood the City's financial constraints and was able to provide a revised proposal for
$144,950 that met the City's budget for implementing the recommended TrueBill utility
billing program.
TruePoint Solutions is a proven software and technology services company based in
Loomis, California. In business since 2004, they specialize in providing technical
solutions to government agencies, water companies, and special districts. With offices in
three states, they have done over 200 municipal implementations in the United States
and Canada with annual revenues in excess of$7 million.
TruePoint Solution's background and competency were researched, and it was concluded
that they could satisfactorily provide the services that were specified in the RFP. Some
local California public sector entities currently utilizing TruePoint Solutions' TrueBill utility
billing system include Palmdale Water District, Sacramento Suburban Water District, and
City of Redwood City. A copy of the License and Services Agreement with TruePoint
Solutions is attached.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act ("CEQA"), under Section 15061(b)(3) of the CEQA Guidelines, as it can be
seen with certainty that it will have no impact on the environment. Thus, this matter is
exempt under CEQA.
FISCAL IMPACT
The Capital Improvement Program provides for $156,840 for the purchase and
implementation of a utility billing software system. The total cost for the implementation
Utility Billing Software Service Agreement
December 1, 2020
Page 5 of 5
of TruePoint Solutions' TrueBill utility billing software is $144,950. Successive year's
subscription and hosting fees will be $50,000 annually, which will be included in the City's
Water and Sewer Enterprise Funds' Annual Operating Budget.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project and is therefore, exempt under, the California Environmental Quality Act
("CEQA"); and authorize and direct the City Manager to execute a Software Service
Agreement with TruePoint Solutions for implementation of the TrueBill utility billing
software system in the amount of$144,950.
Approved:
Dominic Lazza
City Manager
Attachment: TruePoint Solutions License and Services Agreement
Rachelle Arellano
From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com>
Sent: Wednesday, January 13, 2021 1:49 PM
To: Rachelle Arellano
Subject: RE: City Attorney Review Folder 1-12-2021
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Rachelle, I have reviewed and approve as to form the PSA with TruePoint Solutions, LLC regarding the utility billing
software package project.
You may use my stamped signature for this purpose.
Thanks.
Steve
Stephen Deitsch
Partner
stephen.deitsch@bbklaw.com
T:(909)483-6642 C:(951)662-9343
www.BBKlaw.com EJ--CJ-
Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be
physically closed. Because all staff are working remotely, all documents (including correspondence,
pleadings, and discovery) will be sed rad via e-mail until further notice. Because we may not receive regular
mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail
or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger i.LP
attorney who has appeared in your case, or who has communicated with you by e-mail on your matter.
From: Rachelle Arellano<rarellano@arcadiaca.gov>
Sent:Tuesday,January 12, 2021 10:09 AM
To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com>
Cc: City Attorney<CityAttorney@arcadiaca.gov>
Subject: City Attorney Review Folder 1-12-2021
CAUTION - EXTERNAL SENDER.
Hi Steve,
Attached for your review is a zip folder containing the following items:
1. Amendment No. 2 — HVAC Preventative Maintenance Service
2. Covenant — 2301 Sewanee Lane
3. Covenant— 1538 Rodeo Road