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Revenue & Cost Specialtists 2022-38 i % AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and REVENUE & COST SPECIALISTS For COMPREHENSIVE CITYWIDE USER FEE AND RATE STUDY 01247 0001/514122 2 12/30/2021 AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND REVENUE & COST SPECIALISTS FOR COMPREHENSIVE CITYWIDE USER FEE AND RATE STUDY This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND REVENUE & COST SPECIALISTS A COMPREHENSIVE CITYWIDE USER FEE AND RATE STUDY" (herein "Agreement") is made and entered into this 25th day of October, 2022 by and between the City of Grand Terrace, a California mumcipal corporation ("City") and Revenue & Cost Specialists ("Consultant") City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the"Parties" RECITALS A City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement B Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement,was selected by the City to perform those services C Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement D The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein OPERATIVE PROVISIONS NOW,THEREFORE,in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows ARTICLE 1 SERVICES OF CONSULTANT 1 1 Scope of Services In compliance with all terms and conditions of this Agreement,the Consultant shall provide those services specified in the"Scope of Services"attached hereto as Exhibit"A"and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein Consultant covenants that it shall follow the highest professional standards in 01247 0001/514122 2 12/30/2021 -2- performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended For purposes of this Agreement,the phrase"highest professional standards" shall mean those standards of practice recogmzed by one or more first- class firms performing similar work under similar circumstances 1 2 Consultant's Proposal The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern 1 3 Compliance with Law Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered 1 4 Licenses,Permits, Fees and Assessments Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as may be required by law for the performance of the services required by this Agreement Consultant shall have the sole obligation to pay for any fees, assessments and taxes,plus applicable penalties and mterest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder 1 5 Familiarity with Work By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (ui) fully understands the facilities, difficulties and restrictions attendmg performance of the services under this Agreement If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer 1 6 Care of Work The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers,documents,plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such 01247 0001/514122 2 12/30/2021 -3- damages, to persons or property, until acceptance of the work by City, except such losses or damages as maybe caused by City's own negligence 1 7 Further Responsibilities of Parties Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible for the service of the other 1 8 Additional Services City shall have the right at any time during the performance of the services, without invalidating this Agreement,to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in(i)the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000,whichever is less, or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer Any greater increases, taken either separately or cumulatively, must be approved by the City Council It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor City may in its sole and absolute discretion have similar work done by other consultants No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed 1 9 Special Requirements Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements"attached hereto as Exhibit`B"and incorporated herein by this reference In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT 2 1 Contract Sum Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference The total compensation,including reimbursement for actual expenses,shall not exceed Twenty-eight Thousand Dollars($28,000)(the"Contract Sum"),unless additional compensation is approved pursuant to Section 1 8 01247 0001/514122 2 12/30/2021 -4- 2 2 Method of Compensation The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention, (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded, or(iv) such other methods as may be specified in the Schedule of Compensation 2 3 Reimbursable Expenses Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4 5, and only if specified in the Schedule of Compensation The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City Coordination of the performance of the work with City is a critical component of the services If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings 2 4 Invoices Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement The invoice shall detail charges for all necessary and actual expenses by the following categories labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts Sub-contractor charges shall also be detailed by such categories Consultant shall not invoice City for any duplicate services performed by more than one person City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7 3, City will use its best efforts to cause Consultant to be paid within forty-five(45)days of receipt of Consultant's correct and undisputed invoice, however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law 2 5 Waiver Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant 01247 0001/514122 2 12/30/2021 -5- ARTICLE 3 PERFORMANCE SCHEDULE 3 1 Time of Essence Time is of the essence in the performance of this Agreement 3 2 Schedule of Performance Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference When requested by the Consultant, extensions to the time penod(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively 3 3 Force Majeure The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to,acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten(10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section 3 4 Term Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance(Exhibit "D") ARTICLE 4 COORDINATION OF WORK 4 1 Representatives and Personnel of Consultant The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authonzed to act in its behalf with respect to the work specified herein and make all decisions in connection therewith 01247 0001/514122 2 12/30/2021 -6- Eric Johnson President (Name) (Title) Chu Thai Vice President (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,if any,assigned to perform the services required under this Agreement Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement,prior to and during any such performance 4 2 Status of Consultant Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise,unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in wnting by City Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees,or agents are in any manner officials, officers, employees or agents of City Neither Consultant,nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees Consultant expressly waives any claim Consultant may have to any such rights 4 3 Contract Officer The Contract Officer shall be City Manager or such person as may be designated by the City Manager It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement 4 4 Independent Contractor Neither the City nor any of its employees shall have any control over the manner,mode or means by which Consultant, its agents or employees,perform the services required herein, except as otherwise set forth herein City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, 01247 0001/514122 2 12/30/2021 -7- compensation or hours of service Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant 4 5 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City ARTICLE 5 INSURANCE AND INDEMNIFICATION 5 1 Insurance Coverages The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City (a) General Liability Insurance (Occurrence Form CG0001 or equivalent) A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage The policy of insurance shall be in an amount not less than $1,000,000 00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit (b) Worker's Compensation Insurance A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including"any auto" and endorsement CA 0025 or equivalent) A policy of comprehensive automobile liability msurance written on a per occurrence for bodily injury and property damage in an amount not less than 01247 0001/514122 2 12/30/2021 -8- $1,000,000 Said policy shall include coverage for owned, non-owned, leased,hired cars and any automobile (d) Professional Liability Professional liability insurance appropriate to the Consultant's profession This coverage may be written on a"claims made"basis,and must include coverage for contractual liability The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement During this additional 5-year period,Consultant shall annually and upon request of the City submit written evidence of this continuous coverage (e) Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor All coverages for subcontractors shall include all of the requirements stated herein (f) Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B" 5 2 General Insurance Requirements All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty(30) days prior written notice by certified mail return receipt requested to the City In the event any of said policies of insurance are cancelled,the Consultant shall,prior to the cancellation date,submit new evidence of insurance in conformance with Section 5 1 to the Contract Officer No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City City reserves the right to inspect complete,certified copies of and endorsements to all required insurance policies at any time Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following"cancellation"notice CANCELLATION 01247 0001/514122 2 12/30/2021 -9- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NO E TO CERTIFICATE HOLDER NAMED HEREIN [to be initialed] Consultan tials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects liability arising out of activities Consultant performs,products and completed operations of Consultant,premises owned,occupied or used by Consultant, or any automobiles owned, leased, hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability Any deductibles or self-insured retentions must be declared to and approved by City At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemmfication liabilities as provided in Section 5 3 In the event the Consultant subcontracts any portion of the work in compliance with Section 4 5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5 1, and such certificates and endorsements shall be provided to City 5 3 Indemnification To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City,its officers, employees and agents("Indemnified Parties")against,and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity ansing out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable("mdemmtors"),or arising from Consultant's or indemmtors' reckless or willful misconduct,or arising from Consultant's or indemmtors'negligent performance 01247 0001/514122 2 12/30/2021 -10- of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith, (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Consultant hereunder, and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom, (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemmfy City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder The provisions of this Section do not apply to claims or liabilities occumng as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities ansmg out of the negligence, recklessness or willful misconduct of the design professional The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement 5 4 Sufficiency of Insurer Insurance required by this Agreement shall be satisfactory only if issued by compames qualified to do business in California,rated"A"or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies maybe changed accordingly upon receipt of written notice from the Risk Manager 01247 0001/514122 2 12/30/2021 -11- ARTICLE 6 RECORDS, REPORTS, AND RELEASE OF INFORMATION 61 Records Consultant shall keep, and require subcontractors to keep, such ledgers,books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act 6 2 Reports Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed 6 3 Ownership of Documents All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials"), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City's choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use,reuse, or assignment'of the documents and materials hereunder Any use,reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment Consultant may retain copies of such documents for its own use Consultant 01247 0001/514122 2 12/30/2021 -12- shall have the right to use the concepts embodied therein All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U S C § 101, such documents and materials are hereby deemed"works made for hire" for the City 6 4 Confidentiality and Release of Information (a) All information gained or work product produced by Consultant m performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntarily provide documents,declarations,letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement Response to a subpoena or court order shall not be considered "voluntary"provided Consultant gives City notice of such court order or subpoena (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION 7 1 California Law This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court m such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action In the event of litigation in a U S District 01247 0001/514122 2 12/30/2021 -13- Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California 7 2 Disputes, Default In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default Instead, the City may give notice to Consultant of the default and the reasons for the default The notice shall include the timeframe m which Consultant may cure the default This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant During the period of time that Consultant is in default,the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices In the alternative,the City may,in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement 7 3 Retention of Funds Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failmg to perform Consultant's obligation under this Agreement In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding,an amount sufficient to cover such claim The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein 7 4 Waiver Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement 7 5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01247 0001/514122 2 12/30/2021 -14- of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party 7 6 Legal Action In addition to any other rights or remedies, either party may take legal action, in law or m equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq and 910 et seq , in order to pursue a legal action under this Agreement 7 7 Termination Prior to Expiration of Term This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant In addition, the Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to City Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7 3 In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder In the event of termmation without cause pursuant to this Section,the terminating party need not provide the non-terminatmg party with the opportunity to cure pursuant to Section 7 2 7 8 Termination for Default of Consultant If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herem stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated 7 9 Attorney's Fees If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247 0001/514122 2 12/30/2021 -15- the court allows which are incurred in such litigation All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment ARTICLE 8 CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION 8 1 Non-liability of City Officers and Employees No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement 8 2 Conflict of Interest Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement 8 3 Covenant Against Discnmmation Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,marital status,national origin, ancestry or other protected class 8 4 Unauthorized Aliens Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U S CA §§ 1101, et seq , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City 01247 0001/514122 2 12/30/2021 -16- ARTICLE 9 MISCELLANEOUS PROVISIONS 91 Notices Any notice, demand,request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement Either party may change its address by notifying the other party of the change of address in writing Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section 9 2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply 9 3 Counterparts This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 9 4 Integration, Amendment This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void 9 5 Severability In the event that any one or more of the phrases, sentences, clauses,paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless 01247 0001/514122 2 12/30/2021 -17- 9 6 Warranty&Representation of Non-Collusion No official, officer, or employee of City has any financial interest,direct or indirect,m this Agreement,nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or mumcipal statute or regulation The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote"or"noninterests"pursuant to Government Code Sections 1091 or 1091 5 Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation,including but not limited to the Political Reform Act(Government Code Sections 81000, et seq) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including,but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement Consultant further warrants and represents that(s)heht has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaimng or being awarded any agreement Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of mone ••nsideration, or other thing of value will render this Agreement void and of no force or effect Consultant's Authorized Initials j 9 7 Corporate Authority , The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iu) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties [SIGNATURES ON FOLLOWING PAGE] 01247 0001/514122 2 12/30/2021 -18- IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written CITY City of Grand Terrace, a municipal co ration Darc , Mayor ATTEST ja„..iarvLito Debra Thomas, City Clerk APPROVED AS TO ALES I WYN► , LL Adrian R Guerra, City Attorney CONSULTANT Revenue& Cost ecialists By Name Enc J hn on Title Presi nt By Name Chu Th Title Vice President Address 1519 E Chapman Ave, Ste C Fullerton, CA 92831_ Two corporate officer signatures required when Consultant is a corporation,with one signature required from each of the following groups 1)Chairman of the Board,President or any Vice President, and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 01247 0001/514122 2 12/30/2021 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completmg this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document STATE OF CALIFORNIA IOPANEz- COUNTY OF SAN BERNARDINOk=-7 On (JOU_ 4 ,2022 before me,youtu corm Choi,personally appearedre lohNoovi ,proved to me on the basis of satisfactory evidence to be the person(s) whose namesfs) is/are subscribed to the within mstrument and acknowledged to me that he/she/ y executed the same m his/herftheir authorized capacity(ies), and that by his/herkheir signature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the mstrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal 1=76.6a6=1=1.v COMM#2356532 `�� =+•'_, NOTARY PUBLIC•CAUFORNIA O SignatureC gyp `f 77•l ORANGE COUNTY Comm Ewes May 5 2025 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relymg on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247 0001/514122 2 12/30/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the mdividual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document STATE OF CALIFORNIA 0RA0C r COUNTY OF SAN BERNARDINO y�KM y,cr(-4 l?Mb(' On NW ,2022 before me,O &'tom^ Gkot ',personally appeared C k ut T IA C t ,proved to me on the basis of satisfactory evident to be the person(s) whose names is/are subscribed to the within mstrument and acknowledged to me that he/ he/they executed the same m his er/their authorized capacity(res), and that by rs er/their signature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the mstrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregomg paragraph is true and correct YOUNG WANCHOI WITNESS my hand and official seal _ n COMM�12358532 =`ti •._ NOTARY PUBLIC•CAUFORNIA O +'~— `Y�7R� ORANGE COUNTY Signature ( e7,707-7 . �� Comm gyres May s zozs OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247 0001/514122 2 12/30/2021 EXHIBIT "A" SCOPE OF SERVICES I Consultant will perform the following Services A Prepare a Comprehensive Citywide User Fee Study pursuant to this Exhibit "A" ("Study") 1 Task 1 Obtain Budget&Personnel Data 1 Consultant shall review and prepare necessary files for the Study This includes obtaining and reviewing prior user fee reports and fee schedules, line-item budget details, salary schedules, MOUs and fringe benefit details n Task 2 Hold a Kick-off Meeting 1 Consultant shall conduct a Citywide meeting, explaining the operational methodology of the study and the role of City staff Consultant shall review any possible issues that may arise as well as answer any questions from staff about the process This meeting is crucial for the process in order to ensure that all City staff understands the various steps in the process and what is expected of them m Task 3 Review the Service List with City Staff 1 Consultant shall review the City service list through meetings with each City department Consultant shall acknowledge fees that are properly structured, introduce new fees for City services currently provided without a charge, discuss deletion of fees no longer valid, and consider any changes to any fee structure and calculation methods, as applicable The end result, whichever method is used, will be a fee structure that best fits the City going forward While this list will change during the course of the Study as it is refined, it will be the initial basis from where we start iv Task 4 Develop City Staff Time Allocations 1 Consultant shall interview City personnel providing end-user services to ensure that costs from all functional areas directly involved with a service are mcluded in the cost of that service This component will form the bulk of the time spent by staff Consultant anticipates at least two to four meetings with supervisory level staff in each functional area to create and venfy the amount of time spent by staff on the services identified in the task above 01247 0001/514122 2 12/30/2021 A-1 This process shall be interactive process (e g, Consultant will not simply and only require staff to fill out forms detailing how they spend their time) in order to ensure that the information being generated is valid and reliable v Task 5 Develop Fully Allocated Hourly Rates 1 Consultant shall develop a fully allocated hourly rate for each departmental employee of the City, including salanes and benefits, miscellaneous operating services and supply costs, citywide overhead and departmental overhead This fully burdened rate is needed to calculate the full cost of each fee service vi Task 6 Calculate Fee Cost Recovery 1 All the information from the tasks above shall be entered into Consultant's costing software and calculated The calculation shall provide the current fee for each City service, the full cost for each City service, and the subsidy level that the City is absorbmg Consultant shall gather the number of times the fee service occurs per year in order to identify the per-item as well as per-year fiscal impact mu Task 7 Prepare Draft Report 1 Consultant shall prepare a Draft Report that identifies the total costs for each City service, along with current fees, and make fee recommendations for each City service presented as well potential new fees for services the City provides but does not charge for Service costs will be compared with existing recovery levels Consultant shall review this report with the City departments so that each will have input on the fees presented in the Final Report vm Task 8 Survey Similar Municipalities 1 Consultant shall survey other municipalities and document the findings The survey summary shall compare similar fees for services at different cities,however these results cannot explain why the fees differ ix Task 9 Prepare Final Report 1 Based on City staff input, Consultant shall prepare a Final Report, which will have recommendations for new fees,subsidy percentages and revenue projections from those fees The Final Report shall include text and summary tables that will clearly explain the results and the context All recommended fees shall comply with Propositions 4, 218, 26 and any other applicable laws 01247 0001/514122 2 12/30/2021 A-2 Hardcopies and editable electronic copies shall be provided to the City All documents developed dunng the Study shall be provided, including the final comprehensive review, final report along with associated models, tables, graphs, related schedules, cost documentation as well as all related supporting documents, including records and professional time spent Consultant shall consult with City staff as needed to defend the fee study in the event of audits or other challenges x Task 10 Present Report to the City Council 1 Consultant shall assist City staff and the City Council in the review and adoption of revised user fees and subsidy percentages,including preparations or making of any presentations to the City Council Consultant shall assist City staff in the implementation of the revised user fees II Consultant shall perform all Services in a manner that is consistent with Section IV of the City of Grand Terrace Request for Proposals Comprehensive Citywide User Fee and Rate Study, issued on August 16, 2022, which is incorporated herein by this reference and attached as Exhibit"A-1" III As part of the Services, Consultant will prepare and deliver the tangible work products to the City pursuant to this Agreement as the City may require from time to time IV In addition to the requirements of Section 6 2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering status reports as the City may require from time to time V All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City VI Consultant will utilize the following personnel to accomplish the Services A Eric Johnson, President B Chu Thai, Vice President 01247 0001/514122 2 12/30/2021 A-3 EXHIBIT "A-1" REQUEST FOR PROPOSALS 01247 0001/514122 2 12/30/2021 A-4 City of Grand Terrace Request for Proposals Comprehensive Citywide User Fee and Rate Study Date Issued: August 16, 2022 Date Due: September 15, 2022 Page 1 CITY OF GRAND TERRACE, CALIFORNIA REQUEST FOR PROPOSALS COMPREHENSIVE FEE AND RATE STUDY Table of Contents I PROJECT OVERVIEW II GENERAL REQUIREMENTS AND INFORMATION III PROJECT BACKGROUND AND THE CITY IV PROJECT SCOPE OF WORK V PROJECT CONTACT VI TIME REQUIREMENTS VII PROPOSAL REQUIREMENTS VIII SELECTION CRITERIA Page 2 CITY OF GRAND TERRACE, CALIFORNIA PROJECT OVERVIEW The City of Grand Terrace is requesting proposals for a Comprehensive Citywide User Fee and Rate Study II GENERAL REQUIREMENTS AND INFORMATION For a PROPOSER to be considered, the City must receive one printable PDF copy via email, of the proposal by 5 00 pm on September 15, 2022, at the following email address Debra Thomas City Clerk dthomas@grandterrace-ca gov All proposals must be clearly marked Comprehensive Citywide User Fee and Rate Study" There is no expressed or implied obligation for the City of Grand Terrace to reimburse responding PROPOSER for any expenses incurred in preparing proposals in response to this request The City of Grand Terrace reserves the right to retain all proposals submitted, and to use any ideas in a proposal regardless of whether that proposal is selected Submission of a proposal indicates acceptance by the PROPOSER of the conditions contained in this request for proposal,unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Grand Terrace and the PROPOSER selected Page 3 III PROJECT BACKGROUND AND THE CITY The City The City of Grand Terrace (the City) is a full-service, general law city, governed by a council-manager form of government The City employs approximately 20 full-time employees Incorporated in November 1978, Grand Terrace has a population of about 12,315 Encompassing approximately 3 5 square miles, Grand Terrace is in San Bernardino County on the I-215 Corridor between the cities of Riverside and San Bernardino The total budget for the fiscal year 2022-2023 is $14,216,068, with operations representing approximately $11 57 million and a capital budget of$2 64 million The Fiscal Year 2022-2023 General Fund's appropriations of$7,683,339 support the main operations of the City including Commumty Development, Planning and Building Services, Building maintenance, and Public Works and Engineering services Fire and Emergency Services are provided by San Bernardino County Fire Protection District The City contracts with San Bernardino County Sheriff's for Police Services Library services are provided by San Bernardino County The City of Grand Terrace does not provide water or sewer services, these services are provided by Riverside Highland Water Company and City of Colton, respectively Trash collection services are provided by Burrtec and are billed annually on the property tax rolls Special revenue funds include Gas Tax, RMRA, Measure I, AQMD, Public Safety allocations from the State of California and Miscellaneous Grants The City utilizes an annual line-item operating budget The City wishes to have the cost of services model updated or expanded to capture the full cost of programs and services Project Background The City of Grand Terrace desires to undertake a comprehensive citywide review and evaluation of user fees and charges To that end,the City is seeking proposals to engage the services of qualified professional firm(s) experienced in cost recovery and economic analysis to conduct a comprehensive study of the costs associated with providing City services The City's primary objective for the study is to have a comprehensive citywide cost-based user fee study prepared The study will calculate the full (100%) cost of providing certain City services and provide a recommended fee to be charged for each applicable service The City's last fee study was completed in 2015 Page 4 IV PROJECT SCOPE OF WORK Project Scope—Comprehensive User Fee Study If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant's proposal Project tasks shall include, but are not necessarily limited to, the following 1 Work and meet with City staff to refine the project scope, purpose, uses and goals of the City's User Fee Study to ensure that the Study will be both accurate and appropriate to the City's needs Review project schedule and answer any questions pertaining to the successful development of the Study 2 Meet with staff and conduct interviews as needed to gain an understanding of the City's processes and operations Conduct a Comprehensive Review of the City's existmg fees, rates, and charges, including but not limited to the following permits, licenses, planning fees, building fees, engineering fees, police fees, administrative fees, recreation fees, fire prevention fees, development impact fees and residential rental inspection fees, work with staff to identify if other fees need to be included in the master fee schedule 3 Identify the total cost of providing each City service at the lowest reasonable activity level and in a manner that is consistent with all applicable laws, statutes, rules and regulations governing the collection of fees,rates, and charges by public entities including, but not limited to, Proposition 26 4 Compare service costs with existing recovery levels This should include any service areas where the City is currently charging for services as well as areas where we perhaps should charge, in light of the City's practices, or the practices of similar or neighboring cities 5 Recommend appropriate fees and charges based on your analysis together with the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic 6 Prepare a report that identifies each service, its full cost, recommended and current cost recovery levels The report should also identify the direct cost, the indirect cost, and the overhead cost for each service, and provide a model for adjusting these fees and rates for the City's current and future needs 7 Prepare a report that identifies the present fees, recommended fees, percentage change, cost recovery percentage, revenue impact and fee comparison with other San Bernardino County cities or other California cities that are comparable to Grand Terrace A survey comparison of rates and fees with similar cities is for information only Page 5 8 Report on other matters that come to your attention in the course of your evaluation that in your professional opinion the City should consider 9 Present your findings to the City's management group and make necessary adjustments as requested 10 Prepare and deliver presentations to the Grand Terrace City Council to facilitate their understanding of the plan and its implications for the City and make necessary adjustments as requested This may include a Committee Meeting, followed by a City Council Meeting 11 Prepare a final fee study report and provide five bound copies, one unbound copy and a single PDF file of the plan that can be made available to City staff via the Intranet for the City Any Master fee schedule revisions developed shall also be made available to the City electronically, providing the ability to add or delete and/or update information as needed 12 Consult with City staff should it become necessary to defend the City's User Fees as a result of any legal or other challenge V PROJECT CONTACT Questions about the project may be directed to Terry P Shea,Interim Finance Director City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Telephone 909-889-0871 Page 6 VI TIME REQUIREMENTS The following is a tentative time schedule related to the requested fee studies Date _ _ __ Activity _ August 16, 2022 Request for proposal issued September 15, 2022 Due date for proposals (due by 5 00 pm) Week of September 19th 2022 Interviews with final candidates, if needed Week of September 19th 2022 Selection of Vendor October 11, 2022 Contract approval by City Council October 17th, 2022 (tentative) Work begins December 16, 2022 (tentative) Completion of project December 23, 2022 (tentative) Presentation of draft report to City staff January 24, 2023 City Council Workshop Presentation February 14, 2023 Final Report to City Council for adoption VII PROPOSAL REQUIREMENTS The Proposal should include the minimum information requested below in the order listed Additional information,if provided, should be separately identified in the proposal Section One—Transmittal Letter • A cover letter signed by an official authorized to solicit business and enter into contracts for the PROPOSER The cover letter should include the name, address, email address, and phone number of contact person Section Two—Experience and Qualifications • A description summarizing the PROPOSER's experience over the past five years in performing similar services to municipal clients • A statement identifying the Consultants assigned to this project Please identify key staff and their qualifications (attach resumes as appropriate) • The firm's ability to produce the required product in a timely fashion and the ability to present any necessary reports or studies to elected officials and/or the general public Page 7 Section Three—Outline Strategies and Options • Outline methodology, planning and design strategies that will result in the development of recommendations that are practical to the City of Grand Terrace, meamng that the recommendations must not exceed the City's ability to implement and properly utilize Provide detailed information on methodology and tools used to meet the needs of the City's request Section Four—References • Provide references from five different clients Include the name, email address and telephone number for a contact person from each reference Section Five—Estimated Project Timeline and Pricing • Provide an estimated project timeline required to implement Comprehensive Citywide User Fee and Rate Study Provide pricing estimates that include planning, development, and implementation services • Project budgets should include i A project schedule for each study with activities, milestones, and deliverables, and ii Project budgets for each study defined, at minimum, as follows o By task with a collective total by milestone and deliverable, o Labor rates for all project team members, o General overhead rates, and o Costs for expenses such as printing, travel and attendance at meetings • The Consultant shall present a specific "not to exceed" fixed fee, including associated fees (i e , printing costs, attendance at meetings, travel) A requested payment schedule should accompany the work schedule Each phase of work should have an itemized budget including labor costs and expenses for each piece of work The proposal should include staff hourly rates • Proposed project schedule to begin no later than October 17, 2022, and conclude within 60 days, subject to City extension as necessary • Proposed services to be subcontracted, if any, anticipated subcontractors, and anticipated cost for these services Available Budget/Contract The City wishes to negotiate a fixed price contract with a "not to exceed" dollar total based on a clearly defined scope of work It should be noted that the selected consultant(s) shall be required to carry Workers' Compensation, employer's liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance in the amount as identified in the Grand Terrace's Standard Agreement for Professional Services Page 8 Selected prospective consultant shall be required to participate in negotiations with City staff and execute a contract for professional services (A copy of Grand Terrace's Standard Agreement for Professional Services is available upon request) All proposal responses must be received via email by 5 00 pm on September 15, 2022, for a PROPOSER to be considered The City reserves the nght to reject all proposals VIII SELECTION CRITERIA The City will select the successful proposal based upon several evaluation factors, including features as outlined in the RFP Scope of Work, completeness, qualifications of personnel, demonstrated knowledge and experience, and price The selection of finalists and the final award will be decided based on the proposal submitted by a qualified vendor that best meets the needs of the City as determined by the City Contract award may be subject to the approval of the Grand Terrace City Council Page 9 EXHIBIT "B" SPECIAL REQUIREMENTS (Supersedmg Contract Boilerplate) No Special requirements 01247 0001/514122 2 12/30/2021 B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION I Consultant shall perform the following tasks at the following rates Task Milestones/Deliverables Hours Cost Prepare City Data Sched of Positions &Budget 16 $2,800 Kick-off Meeting Informational Meeting 4 700 Review Service List Preliminary Service List 8 1,400 Develop Staff Time Allocations Time Detail Reports 40 7,000 Develop Fully Alloc Hrly Rates Fully Alloc Hrly Rate Reports 12 2,100 Calculate Fee Cost Recovery Fee Summary Sheets 24 4,200 Prepare&Review Draft Report Draft Fee Study Report 24 4,200 Conduct Fee Survey Survey Summary 16 2,800 Public Meeting Hearing Public Meetings 16 2,800 TOTAL PROJECT COST 160 $28,000 , II The City will compensate Consultant for the Services performed upon submission of a valid invoice Each invoice is to include A Line items for all personnel descnbmg the work performed, the number of hours worked, and the hourly rate B Line items for all materials and equipment properly charged to the Services C Line items for all other approved reimbursable expenses claimed, with supporting documentation D Line items for all approved subcontractor labor, supplies, equipment,materials, and travel properly charged to the Services III The total compensation for the Services shall not exceed $28,000 as provided in Section ' 2 1 of this Agreement IV The Consultant's billing rates for all personnel are $175 per hour 01247 0001/514122 2 12/30/2021 C-1 EXHIBIT "D" SCHEDULE OF PERFORMANCE Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney's office II Consultant shall deliver the following tangible work products to the City by the followmg dates Project Timeline Dates Obtain Budget&Personnel Data October/November 2022 Project Kick-Off October/November 2022 Review Service List October/November 2022 Develop Staff Time Allocations October/November 2022 Develop Fully Allocable Hourly Rates November 2022 Calculate Fee Cost Recovery November 2022 Completion of Project December 2022 Present Draft Report to City Staff December 2022 Conduct Fee Survey December 2022 City Council Workshop Presentation January 2023 Final Report for Council Adoption February 2023 III The Contract Officer may approve extensions for performance of the services in accordance with Section 3 2 01247 0001/514122 2 12/30/2021 D-1