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HomeMy WebLinkAboutMGT OF AMERICA, INC. (2) - 2018INSURANCE NOT ON FILE A-2018-112 WORK MAY NE PROCEED CLERK OF COUNCIL DATR MAY 10 2010 � yotA \k) AGREEMENT TO PROVIDE FULL COST ALLOCATION PLAN AND INTERNAL SERVICE FUND ALLOCATION STUDY THIS AGREEMENT is made and entered into this I st day of May, 2018 by and between MGT of America Consulting, LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California („City„) , RECITALS A. On February 22, 2018, the City issued Request for Proposal No. 18-023, by which it sought a consultant to provide a full cost allocation plan and internal service fund allocation study for the Engineering and Administrative Services Divisions of the Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-023. C. In undertaking the performance of this Agreanrent, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 18-023 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its scrvices under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $167,008. This sum is comprised of (1) the base amount of $151,825 and (2) a 10% contingency in the amount of $15,183 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to moot the standards of Page t of 8 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. This Agreement shall commence on the date first written above and terminate on April 30, 2021, unless terminated earlier in accordance with Section 17, below, The term of this Agreement may be extended for up to two 1-year periods upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq„ as well as California Code of Regulations, Title S, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS 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 meditmn 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 subconsultants to agree in writing that City is granted a non-exchsive and perpetual license for any Documents & Data the subconsultant 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 Page 2 of 8 Documents & Data which were 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate, Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d, If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 8 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City, (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant fartber agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work Page 4 of 8 product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11, CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified trail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702.1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) F.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: MGT Consulting Group 2251 Harvard Street, Suite 134 Sacramento, CA 95815 Attn: Brad Wilkes A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. I.f sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any .purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 6 of 8 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all set -vices performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON -(DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as deemed and prohibited. by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement, Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 20. PROFESSIONAL LICENSES Consultant shall, throughout the tenn of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability sliall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 4 /, ''64�1 rn M. Funk tant City Attorney APPROVAL Edwin "William" G�vez, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GO INE City Manager CONSULTANT b` � Name: J , �iraRe Le i Title: Page 8 of 8 EXHIBIT A ELECTRONIC COPY ��, M�T (CFI:' NCB. 18-023 CONSULTING GROUP MARCH�;, 20 i SUBMITTED TO: HAYLEY GILBERT CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA, Sao FLOOR RECEPTION, ROSS ANNEX SANTA ANA, CA 92703. PROPOSAL FOR FULL COST ALLOCATION SUBMITTED BY: PLAN / I S F J. BRADLEY BURGESS EXECUTIVE VICE PRESIDENT ALLOCATION STUDY 2257. FIARVARD T, SUITE 134 SFlCRAMENTMENTD, CA 95815815 CITY OF SANTA ANA, CALIFORNIA 916.443.3411 bburaessiumetconsultinecom PUBLIC WORKS ADMINISTRATIVE SERVICES BRAD WILKES DIRECTOR 2251 HARVARD STREET, SUITE 134 SACRAMEN'TO, CA 95815 916,990.1256 ibradwilkes(aemail com CITY OF SANTA ANA, CALIFORNIA RFP NO. 1 B-0231 1 PROPOSAL FOR COST ALLOCATION PLAN I ISF ALLOCATION STUDY MARCH 8. 201 B TABLE OF CONTENTS I. STATEMENT OF QUALIFICATIONS COVER LETTER & CONTRACT AGREEMENT 2 FIRMAND TEAM EXPERIENCE............................................................................................................... 4 MGT QUALIFICATIONS & EXPERIENCE...........................................................................4 ALLOCATION AND RATE DEVELOPMENT FOCUS AND EXPERTISE....................................5 PROJECT TEAM (ALL CALIFORNIA BASED), .... ............. ............ ..................................5 RESUMES...................................................................................................................... 6 UNDERSTANDING OF NEED.................................................................................................................7 INTRODUCTION.............................................................................................................. 7 UNDERSTANDING THE PUBLIC WORKS DEPARTMENT RELATED TO 1.0117601, 08617611 AND 08617612............................................................................ 7 DESIGN OF CURRENT PROJECT........................................................................................ 7 PROJECTAPPROACH....................................................................................................... 8 COST PLANS - COMPARING THE TWO TYPES OF PLANS ................................................. 9 RELEVENT PROJECT EXPERIENCE....................................................................................................... I I LIST OF CALIFORNIA AGENCY CLIENTS ....... .................. _.......... ,,......... ............. ,...... ....,. 11 EXPERIENCE WITH SIMILAR PROJECTS...........................................................................11 REFERENCES............................................................................................................................................... 12 COST ALLOCATION / INDIRECT COST RATE AND ISF- STUDY REFERENCES ...................... 12 2. SCOPE OF SERVICES AND SCHEDULE..........................................................................................13 PROJECT DELIVERABLES..................................................... ..................... ..................16 PROJECTTIMELINE .., ......... _ ........................................................................ ............ ,. 16 3. FEE PROPOSAL (SUBMITTED SEPARATELY) ........................................ ....................... ................. 18 4. CERTIFICATIONS................................................................................................................................. 19 ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT ........................... .......... ... ............... ,. 20 ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION.....................................................21 ATTACI-IMENT 3-3: NON-DISCRIMINATION CERTIFICATION .......................................... 22 APPENDIXA: RESUMES...........................................................................................................................24 *+*** G • WWW.MGTCONSULTING.COM CONSULTING GROUP j 1. STATEMENT OF QUALIFICATIONS +++*® M G T CITY Of SA, ANA, CALIFORNIA I MARCH 8, 2018 PAGE 1 CONSULTING GROUP RFP N0. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION STUDY ®® MGT CONSULTING GROUP March 6, 2018 City of Santa Ana — Public Works Administration Attn: Ms, Hayley Gilbert, Public Works Agency 20 Civic Center Plaza, Third Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: Request for Proposal # 18-023 -Cost Allocation Plan / ISF Preparation Dear Evaluation Committee: We appreciate the opportunity to provide the City of Santa Ana (City) with this proposal to prepare the City's Public Works Agency cost allocation plan (CAP), indirect cost rate proposal (ICRP) and full cost staffing billing rates. We believe that our firm, MGT of America Consulting, LLC (MGT), offers the City solutions that will meet your specific objectives while providing the best overall value. Specific to the RFP requirements, our projects deliver: + Firm and Team Experience. The proposed MGTteam has performed hundreds of similar projects for California city governments. Over a 32-year period Mr. Wilkes has gained extensive experience with the principles of cost allocation plans, indirect cost rates and full cost hourly billing rates for city staff. Our project team has worked with hundreds of California local governments — including all 20 of the largest city governments in California. + Understanding of the City's Needs. This is a complex project, with many moving parts. The project spans multiple years, a variety of funds, departments and divisions, The calculations must Include citywide costs, department costs, division costs and individual staffing cost. The project requires a detailed knowledge of the City's financial chart of accounts, budget formats, and staffing and billing reports. This massive amount of data must be collected, reviewed and formatted to produce a specific, accurate and detailed set of calcutions. These calculations are then used to fund a very important part of city government through billings made to outside city agencies. + Relevant Project Experience. While our project manager, J. Bradley Wilkes, has participated in thousands of Indirect cost studies for city and county government, even more relevant, he has been performing this same study for the City of Santa Ana annually since 2012. He is very well versed in the budgeting, accounting, organizational workings of the Public Works department, 601 Administration, and the internal service funds, enterprise funds and general fund operations of the department —specifically fund 86. In addition to this experience, Mr. Wilkes has worked on many other projects In the City, Including general fund user fee studies, citywide cost allocation plan projects, etc. This experience provides our project team with a very well-rounded knowledge of all areas of the city government. Rapid Project Schedule. The city has several pressure points related to this project. There are several project audiences - all having different interests, schedules and demands related to the outcome of this project. It will take significant effort to meet the deadlines, gather and interpret reams of data reports, understand the formats required by the California Department of Transportation (Caltrans), and successfully meet the expectations of all project stakeholders. Because of our project team's specific experience in Santa Ana, MGT is in the best position to 10 * *** 2251 Harvard St., Suite 134 1 Sacramento, CA 95815 1 916.443.3411 1 mgtconsulting.com City of Santa Ana, California March 6, 2018 ®�♦® Page 2 juggle all that is required in a timely manner to meet those varied requirements. Depending on the availability of data, our scope of services, project team experience and proposed project schedule will allow a project completion date of May 28". We believe this is doable and will allow a cushion of several weeks before the deadline of June 30th, in case unforeseen obstacles arise. • Project Cost Proposal. Our cost proposal allows for several on site visits, including staff meetings, and Interactions with the Orange County Transportation Authority (OCTA) and Caltrans, as needed. • Defensible & Transparent Calculation Methodology. Our cost allocation models are rigorous, accurate and proven. They are also completely transparent, with services and costs all readily identified and presented in a comprehensive fashion. As a firm, our consultants have submitted and negotiated thousands of Indirect cost calculations to both federal and state authorities, including the State Controller's Office, Caltrans, HUD, FAA, etc. In the past year alone, MGT has submitted over 300 local agency ICRPs and 20 cost allocation plans to state cognizant agencies. MGT began operations In 1974 and we currently have 90 professionals throughout the country. Our headquarters is In Tallahassee, Florida, with major regional offices in Sacramento (CA), Pasadena (CA), Denver (CO), Tampa (FL), Wichita (KS), Bay City (MI), Austin (TX), and Olympia (WA), MGT of America Consulting, LLC 516 North Adams Street Tallahassee, FL 32301 850.386.3191 J. Bradley Burgess Executive Vice President 916.595.2646 bburgess@mgtconsulting.com MGT Financial Services 2251 Harvard Street, Suite 134 Sacramento, CA 95815 916.443.3411 J. Bradley Wilkes Director 916.990.1256 jbradwilkes@gmall.com Please contact me if you have any questions or comments about this proposal at: 916.595.2646, or at bburgess@mgtconsulting.com. This proposal is in response to the City's RFP and commits the firm to compliance with all procedures identified in the contents. Specifically, as required by the RFP, MGT concurs with any and all provisions as contained in the RFP Attachment 2 — Agreement. MGT also acknowledges receipt of Addendum 1 of the RFP, dated March 2, 2018. We look forward to being of continued service to the City of Santa Ana. Sincerely, J. Bradley Burgess Executive Vice President, Financial Services MGT of America Consulting, LLC FIRM AND TEAM EXPERIENCE MGT QUALIFICATIONS & EXPERIENCE MGT'S FINANCIAL SERVICES DIVISION concentrates on userfee studies, cost allocation plans (full cost and 2 CFR Part 200), state mandate cost reimbursement claiming, indirect cost rate proposals, and Internal service fund rate calculations. These are our core service offerings and our consultants have been leading Innovators and practioners in this field, many with decades of experience. MGT has the deepest consulting bench in the local government cost and revenue Industry. This depth assures our clients that: (1) MGT has the ability to complete the assignment no matter what happens to any one particular consultant, (2) if a project time -line has to be advanced, MGT has the resources to commit additional staffto the engagement, and (3) with a combined 479 years cost plan experience, there are no Issues that our team has not addressed, and that expertise Is only a phone call away. The table below visually displays MGT's consulting depth. Dawn Bock 10 g Brooks Brandenburg 14 Chris Brunette 3 3 8 Guy Burdick 3 13 Mark Carpenter 27 27 Elise D'Auteuil 29 23 21 13 Patrick Dyer 12 12 16 Michelle Denali 10 Diana Hancock 3 9 Donna LaChapelle 21 Kristle Leahy 12 12 Dianne Maaodones 31 Jerry McKence 27 27 32 Jim Olson 31 31 31 31 31 Parul Patel 12 2 Ericparish 27 27 13 8 B Enn Fdgfug . 31 33 B_ Justin Petersen 1 Christine Reynolds is 15 Ruben Was 3 3 3 Bret Schlyer 18 16 5 16 IS 9 7 Cindy source 5 5 15 Shirley Saw. 11 30 30 22 21 13 Donna smigl el 27 21 Gordle Stryker 18 38 17 BrettSwendig 4 3 Jer3WakeFleld 28 2B 5 Bradley Wilkes 32 32 - _ - Total Years Expertiseper Specialty 479 321 151 94 99 131 47 Total Consultants per Specialty 26 20 12 4 5 8 3 Average Years per Consultant 1B 16 13 24 20 16 36 41IN& MGT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 4 CONSULTING GROUP RPP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION STUDY FIRM AND TEAM EXPERIENCE ALLOCATION AND RATE DEVELOPMENT FOCUS AND EXPERTISE MGT understands jurisdictions like Santa Ana. We do more city cost allocation plans and full cost rate and ISF studies than any otherfirm. Our consultants have a wealth of experience designing new cost allocation and rate/ISF charging formats, which will be a critical knowledge base for this assignment. In addition to our experience and technical expertise, one of MGT's greatest strengths is our consultants' ability to communicate effectively with our clients, from direct operational staff that provide these services, up to managers, directors, and elected officials. Our project team has completed thousands of indirect cost studies during their long careers. Most of these studies have been for California city and county clients. Our team has submitted and negotiated these projects with federal and state cognizant agencies such as, HUD, Caltrans, the FAA and the State Controller's Office. PROJECT TEAM (ALL CALIFORNIA BASED) The MGT proposed project team Includes: MGT EXECUTIVE —J Bradley Burgess 28 years of experience (firm decision maker) PROJECT MANAGER —J Bradley Wilkes 32 years of experience (principal consultant) PROJECT STAFF — Erin Payton 31 years of experience (as backup for Mr. Wilkes) REGIONAL STAFF — Sara Beemer 15 years of experience (as needed, Southern California based) MGT Project Team MR. J. BRADLEY BURGESS, EXECUTIVE -IN -CHARGE Mr. J. Bradley Burgess is an Executive Vice President with MGT and is responsible for MGT Financial Services. He is also a member of our firm's Board of Directors. He will serve as the executive -in -charge for this engagement. He will ensure that Santa Ana is unconditionally satisfied with the services received from MGT consultants. Mr. Burgess is an expert in project management, having managed or directed over 340 projects over his 28-year local government consulting career. He has taught hundreds of government finance officials indirect cost theory and application through numerous training sessions. He is a frequent presenter at conferences and workshops for clients, state and local governments, and state associations. Mr. Burgess has been a corporate officer at David M, Griffith & Associates, DMG-Maximus, Maximus, Public Resource Management Group and MGT of America Consulting, LLC. _....... _ _... __......... M GT CITY OF SANTA ANA, CALIFORNIA I MARCIA 8, 2018 PAGE 5 CONSUI TING GROUP RFP NO.18-n2311 PROPOSAL FOR COST ALLOCATION PLAN/ ISF ALLOCATION STUDY FIRM AND TEAM EXPERIENCE ♦*e Mr. Burgess has a Master's degree in Public Policy Studies from the University of Chicago, Harris School of Public Policy Studies. He also has a Bachelor of Journalism degree from the University of Missouri. MR. BRAD WILKES, PROJECT DIRECTOR Mr. Wilkes will serve as the project director and primary contact for this engagement. In this role he will attend all on -site interviews, develop all project deliverables and conduct and attend all project meetings. Mr. Wilkes has held many consulting responsible positions over his 32-year career, including company vice president, founder and CEO of governmental consulting firms and national expert on issues related to governmental cost accounting. MS. ERIN PAYTON, PROJECT DIRECTOR Ms. Payton will serve as the backup project director for this engagement. In this role Ms. Payton will be available to attend Initial on -site interviews, develop cost allocation plans and all department overhead rates, and provide training and coordination over the life of this engagement. Ms. Payton will also closely monitor the project timellne against milestones and deadlines. Ms. Payton is a Director with MGT and has more than 30 years of experience providing public -sector consulting services. She manages our West Coast cost plan and userfee practice. She has a background in local government consulting focusing on cost allocation development, user fee rate calculations, and Jail rate studies. She is the one of the most experienced cost analysts In the western United States, having completed more than 200 cost plan and user fee studies for local governments. Prior to joining MGT, she was a senior manager and director for management consulting firms PRM, Maximus, and DMG. MS. SARA BEEMER, COST ALLOCATION SPECIALIST Ms. Sara Beemer is a Manager with MGT and an expert in cost allocation plan development. She resides In the Southern California area and has day to day responsibility for many of the MGT projects in that area. Ms. Beemer is responsible for all day-to-day activities of as many as 20 California city and county clients (in any given year), from as large as Orange County to as small as the City of Healdsburg. She has successfully prepared more than 100 cost allocation plans. Prior to Joining MGT, she worked for both the City of Claremont (Finance Department), and the City of Redondo Beach (Police Department) where she was responsible for budget preparation; and monitoring, analyzing, and the approval of all budget and grant expenditures. RESUMES Resumes for our proposed team members are provided in APPENDIX A: RESUMES. AW4 MGT CITY OF SAINT A ANA, CALIFORNIA I MARCH R, 2018 PAGE 6 CONSULTING GROUP RFP N0. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISP ALLOCATION STUDY (UNDERSTANDING OF NEED INTRODUCTION The City of Santa Ana (City) has requested consulting assistance to prepare 1) a Public Works Administrative CAP which allocates costs in 10117601(includes linking to the citywide CAP), 2) an indirect cost rate proposal (ICRP) for operations within fund 86, and 3) full cost hourly staffing rates for staff members in budget units 08617611 Design and 08617612 Construction. All aspects of the project must also adhere to the requirements of the federal circular 2 CFR Part 200 and state agencies, such as Caltrans. These deliverables are specialties of MGT of America Consulting, LLC (MGT). We have been preparing these analyses for the City of Santa Ana for the past five years. As a consulting group, we have delivered more of these analyses to more governmental jurisdictions than all our current competition combined, We believe we can deliver all requested services to the City's complete satisfaction and achieve the City's overall goals and objectives. In Just the past year, MGT has submitted for approval by the State Controller's Office and Caltrans over 3001CRPs and 20 cost allocation plans for our local government clients. UNDERSTANDING THE PUBLIC WORKS DEPARTMENT RELATED TO 10117601, 0861761 I AND 08617612 These three key departments, within Public Works, operate as ISFs. As such, they are charged with recovering their full cost each year. Full cost is defined as an operating budget, department administrative support and citywide administrative support. The PW department Is one of the largest operations in the City. With nearly 200 full time and part time staff members, PW consists of a variety of funds, Including general fund operations, internal service funds, enterprise funds and special revenue funds. This project will focus on a subset of these funds. Specifically, 10117601 PW Administration, 08617611 Construction Engineering and 08617612 Design Engineering. Each of these organizations operate as ISFs. In accounting terms, an ISF is self -funded though charges to customers who use their services. In past years these funds have not always been successful in recovery of their full cost through these charges. This is a very important issue to Public Works and to the City, as a whole. The correction of this funding Issue is the key purpose of this project. The answer does not only Ile in arcane cost accounting rules and procedures, but perhaps even more importantly, it Is a communication and planning challenge as well. DESIGN OF CURRENT PROJECT There is no better way of developing the understanding of a project, than doing It. The MGT project team has years of experience preparing this exact scope of services for many California city governments, Including many public works departments. Specifically, MGT and Santa Ana Public Works staff designed the current format and methodology of the City's PW cost allocation plan, Indirect cost rate proposal and full cost hourly staff rates in 2012. The project was designed to meet all federal and state formatting requirements and details. Our project manager has been working on this project since its conception. Our team has intimate detailed understanding of the needs, challenges, history and requirements for this CITY Of SANTAANA, CALIFORNIAI MARCH 8, 2018 ®0#+ MGT PAGE 7 CONSULTING GROUP RFP NO. 18-0231PROPOSAL FOR COST ALLOCATION PLAN J ISr- ALLOCA710N STUDY UNDERSTANDING OF NEED project. All the necessary project files, formats, calculation and methodologies have already been created and tested over the past five years. These formats are ready for the 2016/17 fiscal year data to be entered and calculations made. MGT uses the same format that is suggested in the federal and state circulars and that are used in all our state and federal related work. Our project team gained valuable Insight and experience preparing and submitting the 2014/2015 project to Caltrans. The resulting desk audit and the work performed guiding the City through that submission will prove extremely important as the next series of submissions are prepared. It is one thing to read about cognizant agencies submission requirements — It is far better to have participated In such a submission. One benefit of working through one year of submission is that MGT has been working with the City In setting goals for data accuracy Improvement, time keeping system requirements, staff training, and for Improving communication strategies for state approval authorities and with the customer— OCTA. Because of our current experience with Santa Ana Public Works, MGT has matched in-house formats, tested excel methodologies, proven strategies, and tried and true processes with knowledge gained over 30 years of negotiations with federal and state authorities, Bringing these pieces of the project puzzle together is a great advantage MGT as we approach this endeavor. PROJECT APPROACH Cost allocation plans and ICRPs are essential tools for municipal fiscal management. Typically, our clients desire to establish and maintain a well -documented and defensible plan that can be used to recover Indirect administrative costs in a variety of internal and external contexts. MGT is a nationally recognized specialist in developing cost allocation plans and assisting our clients with cost allocation plan Implementation. Our analysis will allow the City to account for the actual cost of providing numerous services within city operations and to calculate hourly staff rates that will recover all allocated costs using a clear, equitable and legally defensible method. MGrs cost allocation plans provide our clients with exceptional financial and managerial information. Examples of useful and meaningful information that can be extracted from the project results include: • Compliant documentation for state or federal reimbursement • Defensible interfund transfers • Establishing user fees and hourly billing rates • Identification of administrative expense The chart below Illustrates each of the four major steps of the project: 1. Allocation of citywide costs to all departments in the city using a citywide CAP 2. Allocation of PW administrative costs (10117601) to PW functions using a departmental CAP 3. Development of an indirect cost rate for fund 86 operations using a ICRP 4. Calculation of full cost hourly rates for staff members in fund 86 design and construction �•��� M/'_T CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 201.8 CONSULTING GROUP RFP NO 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION STUDY : PAGE 8 UNDERSTANDING OF NEED .. FULL COST CALCULATION METHODOLOGY COST PLANS - COMPARING THE TWO TYPES OF PLANS FULL COST VS, FEDERAL COST ALLOCATION PLANS: Cost allocation plans are a series of complex calculations that require an understanding ajurisdictlon's financial reports, administration structure, and operational services and programs. These calculations are typically presented In two types of plans — a Full Cost plan or a plan that conforms with 2 CFR Part 200 (Formerly OMB Circular A•87) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. It is possible to use the latter for all costing purposes, but in certain cases, an agency would not maximize its revenue recovery by using this plan. To fully calculate the full cost of city services, a City may consider a Full Cost Allocation plan. However, if the calculations from the CAP are to be used for federal of state reimbursement, the 2 CFR 200 CAP is the document typically required. In this section, we will provide a discussion of both types of plans. Local agencies provide services that include administrative and support expenditures which are not allowable for federal reimbursement. These expenditures, however, are appropriate for allocation under GAAP principles and guidelines. This allocation methodology Is often referred to as a Full Cost allocation plan. It can be generalized that a Full Cost allocation plan is applicable for internal purposes such as recovering Indirect costs from enterprise funds, special revenue funds and otherfunds, as well as included In establishing user fees, permits and applications, billing rates, hourly rates and costs of special services. Using federal guidelines, which are now codified in the Code of Federal Regulations (CFR) part 200, local governments may be reimbursed for administrative and support expenditures if they are documented in M G T CfFY OF SANTA ANA, CALIFORNIA I MARCI18, 2018 CONSULTING cROOP RFP NO 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF- ALLOCATION STUDY : PAGE 9 UNDERSTANDING OF NEED 4 1 # a cost allocation plan and indirect cost rates that are compliant with the principles contained In the Circular. Generally, 2 CFR Part 200 compliant cost allocation plans are more restrictive than Full Cost plans, Include fewer allowable Indirect costs, and apply to external purposes such as recovering Indirect costs on federal and state grants and awards. The table below describes the objectives, typical uses and considerations associated with both types of cost allocation plans. • Identify the true costs of • Charging non -General Fund • Administrative and administering all city funds for administrative and support costs allowable departments, divisions support services. under GAAP. Plan and programs. • Recovering citywide conforms to 2 CFR Part • Justification for charging administrative and support 200 principles but is not as the proportional cost for costs in hourly and billing restrictive. city administration and rates. Is not submitted for FULL COST support to Internal • Recovering citywide review to a cognizant sources, or external administrative and support agency. sources In the case of costs in use fees and rates. • Basis for transfer of billing rates and user . Budgeting and resource dollars from non-GF to the fees. allocations. General Fund. • Typically result in 15% higher returns than 2 CFR Part 200 plans. • 'Identify administrative - Charging overhead costs to `• If this type of plan is used - costs allowable under 2 federal grants. for grant claim use, 2 -CFR Part 200 and Charging overhead costs to CFR Part200 requires that :. distributing those costs state grants and SB 90 an annual plan be on an equitable basis. claims. prepared. 2 CFR PART 200 - - • - Charging admin and Provides a conservative' Maybe reviewed by a overhead costs to grants, - view of citywide cognizant agency. - claims and other uses administrative and support - that specifically require:2 costs -CFR Part 200 use. - A4 M GT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 10 CONSULTING GROUP RrP NO 1.8-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION STUDY ' j RELEVENT PROJECT EXPERIENCE LIST OF CALIFORNIA AGENCY CLIENTS The following lists are representative samples of our California based studies that our proposed project team has completed (cost allocation plans, Indirect cost rate development, full cost rate studies, etc.) While our experience is so varied and includes local governments in nearly 20 states, our focus for this proposal is on agencies of comparable size to Santa Ana and neighboring cities in Orange County. A complete, unabridged client list is available upon request. Los Angeles Bakersfield City of Orange ASan Diego Riverside r Newport Beach - ' San Jose Stockton Los Alamitos San Francisco Chula Vista,,Irvine Fresno Fremont Huntington Beach Logg Beach Irvine -Garden Grove Sacramento San Bernardino La Habra Oakland Modesto Dana Point Santa Ana Oxnard Costa Mesa iAnaheim Fontana f Orange County EXPERIENCE WITH SIMILAR PROJECTS As mentioned earlier, the MGT project team has experience with each of the largest 20 city governments in the state. In addition, most of the Orange County cities have also been clients, The work done for these clients includes: • Cost Allocation Plans (citywide, countywide, and department -specific) • Indirect Cost Rate Proposals (ICRP's) • Development of Fully Burdened Hourly Rates • User Fee/Cost-of-Service Studies It Is fair to say that our project team is among the most experienced in the country. The combination of the experience gained specifically with Santa Ana Public Works, and generally with other large agency clients, makes MGT uniquely qualified to successfully complete this project. NkMT CITY Of SAN A ANA, CALIFORNIA I MARCH 8, 201£3 coNsu�nric GRFP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN f ISF ALLOCATION STUDY PgGE11 REFERENCES COST ALLOCATION / INDIRECT COST RATE AND ISF STUDY REFERENCES E-Mail: swagner@srcity.org Work Performed: Preparation of Full Cost and 2 CFR Part 200 cost plans, development of ISF allocation methods, full cost hourly staffing rates. 2014 — current. Title: Accounting Manager Phone: 310.412.8724 E-Mail: skoike@citvofinglewood.org Work Performed: Annual preparation of the City's Full Cost plan, 2 CFR Part 200 cost plans and ISF allocation methods (submitted to federal agencies for review and approval). 2014— current. Contact: Ms 'Stefany Toll'- Title: Accounting Manager 415,923,2207 stoll@goldenpate.org Annual preparation of the District's 2 CFR Part 200 cost :t cost rate for Engineering (submitted to Caltrans for )val). Current client. .ontoct:.: Ms. .Guadalupe .Reyna-Coffin itle: Financial Services Supervisor 'hone: 415.473.6753 -Mall: Grevnacoffin@marincountvorg Nork Performed: Annual preparation of 2 CFR Part 200 cost plan to the state Controller's Office; assistance with desk and field audits (if lecessary). Current client. AW M GT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 201$ PAGE 12 CONsuI-TINC; GROUP RFP NO 18-0231 1 PROPOSAL FOR COSTALLOCA'IION PLAN / ISF Al LOCAi ION STUDY 12. SCOPE OF SERVICES AND SCHEDULE As a result of our experience over the past 5 years with Santa Ana Public Works, this scope of work has been refined, tested and proven. While this is true, we never staystatic and are always workingto improve our methods, presentations, and formats. The project schedule Is aggressive given the vast amount of project data that Is required, the number of reviews necessary and the heavy demand placed on the project by state requirements. MGT is committed to meeting this schedule, the stated scope of services and allowing for an early submission to Caltrans. The following detailed work plan provides the step by step process proposed for this project. Meet with city personnel who have responsibility or a high interest In the cost allocation plan project. This meeting will refine the specific objectives, requirements, measurements, and schedule of the project. • s •® • • Conduct an initial and Introductory training session with key city personnel and project stakeholders. Project consultants will work with city personnel to establish the objectives, content, and list of attendees for this meeting or presentation. This session is vital to successful project results including approval by operating department officials. Agenda items for these meetings or presentations could Include: • Review the project scope, objectives, and schedule. • Review available financial and allocation data. • Summarize the purpose for calculating the cost allocation plans. • Review example summary reports produced by the project. • Discuss example applications produced by the project, • Review and confirm the federal and/or state requirements. • Address potential areas for additional direct or indirect cost recovery. Continue collection and review data such as organization charts, expenditure statements, budgets, personnel counts, salary reports, and time keeping statistics. Project consultants will work with city personnel to develop and gather the needed data in the most efficient way possible. The review of this data will provide the structure for the cost allocation plans Including the determination of allocating and receiving departments. Meet with managers and staff of 601, 611 and 612 to determine the allowable expenditures, services provided, charge backs or direct bills, personnel providing the services, the recipients of the provided services, and appropriate transaction data. 40#4 M GT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 13 CONSULTING GROUP RFP NO. 18.0232 1 PROPOSAL FOR COST ALLOCATION PLAN ISF ALLOCATION STUDY 2. SCOPE OF SERVICES AND SCHEDULE ♦a♦ Using the City's organizational structure, budget and staffing information, and what we have learned from Caltrans review of the 2014/2015 project, MGT will fine tune the basic structure of the cost allocation plan, identifying central service (or allocating) departments and operating (or receiving) departments. Central service functions will be determined based on timesheets, assignments, activities, or other allowed methods. Once staff members and their corresponding salaries are distributed Into functions, other department costs such as materials and supplies will also be distributed into the same functions. This task breaks a department Into central service functions, and cost pools which can then be allocated throughout the organizational structure using meaningful, measurable, and auditable allocation bases. • •° • • •° • Determine an appropriate allocation base for each function In each central service department. This determination will serve as the basis for allocating the allowable costs In each function to the recipients of the service. Project consultants will request corresponding transaction data from central service department personnel. Central service departments will allocate costs to all departments and funds. This allocation methodology ensures the fairest and most accurate distribution of costs as opposed to a methodology that singles out particular departments or funds for maximum allocation. Process the draft cost allocation plan using the MGT proprietary cost allocation software. The cost allocation plan will include summary and detail reports. Summary reports in the cost allocation plan will provide information on the dollar amounts allocated from each central service department to every receiving department. The detailed reports in the cost allocation plans provide information on the expenditures, allowable costs, Incoming costs, personnel distribution, functions, and allocation bases for every central service department. MGT's proprietary cost allocation software Incorporates a double step-down methodology, is technical and detailed, has a self -auditing feature, and has been used for over 250 cost allocation plans in the past five years - many submitted for federal and state approval. The Microsoft Windows -based software is written in a relational database and uses Microsoft Excel as a report writer. This platform provides unlimited flexibility in calculating, formatting, and reporting information. Charts and graphs can be used to explain and Illustrate allocation Information. Statistical Information is automatically produced that compares allocation totals to receiving departments (funds) from year to year, The project director and the project consultant will undertake an internal review process to raise the accuracy of the cost allocation plans and ensure city personnel do not waste time reviewing substandard or incomplete work. Additionally, the MGT proprietary cost allocation software automatically generates self -auditing schedule that reconciles the sum of all central service department expenditures to the sum of all allocated costs. 40*** MGT CITY OF SANTA ANA, CALIFORNIA I MARCIA 8, 2018 PAGE 14 CONSULTING GROUP RFP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION SIUDY 2. SCOPE OF SERVICES AND SCHEDULE ♦ee ' • ® ®" • • • ® • ' i ' Meet in Santa Ana with city personnel and provide copies of the draft results of the cost allocation plan. This step is an opportunity to review preliminary results, address questions or concerns, and make changes as necessary, Process the final cost allocation plans after addressing any Issues or concerns raised In Task 9. Provide the required printed original copies and electronic copy (Adobe PDF file) of each of the final cost plans and overhead rates following confirmation that the work is final by the City's project manager. Each cost allocation plan will contain: • A narrative that clearly defines the purpose, uses, and goals of the plan. • Descriptions of the methodology and procedures. • Descriptions of the central services and the allocation bases utilized to allocate costs. • Actual distribution of indirect costs to programs. • Summaries of all allocations and the resulting charges to all operating departments and funds. Assist with a presentation of the final project results to the City's elected officials either in a work session or at a public meeting if requested. This presentation will Include a high-level overview of the project and the applications, implications, and anticipated benefits to city operations. Detailed information will be presented as requested. • a • olomwivam• Conduct a post -project training session with key city personnel and project stakeholders. This training session will provide information on reading, interpreting and extracting data from the recently completed cost allocation plans. This session will also reinforce current applications for the cost allocation plans results, as well as provide additional applications for the cost allocation plan results. AV& MGT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 15 CONSULTING GROUP RFP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION STUDY 2. SCOPE OF SERVICES AND SCHEDULE .. PROJECT DELIVERABLES A PW Administration Cost Allocation Plan (Includes linking with the citywide CAP) 2 CFR Part 200 compliant department overhead rates (ICRP's) • Full cost hourly billing rates * A complete package suitable for submission to Caltrans PROJECT TIMELINE MUL;ro]lx4NILI:Iiglmg• Because of current relationships, MGT proposes to kick the project of by 1) obtaining much of the basic project data using the cities website. Fund, department and division actual expenditures can be downloaded in advance of any on -site meeting, and 2) setting up last year's spreadsheet formats to prepare for the new 16/17 project data. • • • • MGT proposes to meet April 91h, Just a few days after project award. At this meeting we will review our data list of requirements and meet with city staff to organize the new project year. a. Citywide cost allocation plan —obtain from Finance b. 10117601 PW Administration cost allocation plan c. Fund 86 (611 and 612) indirect cost rate proposal d. Fund 86 (611 and 612) full cost hourly rates e. Review time keeper system and staff use thereof —ensure accurate data is being entered f. Review any changes to format or methods that may be requested by Caltrans i • MGT has scheduled to use all the data gathered In the first four weeks of the project and produce a working draft of the project deliverables listed in 2. A-D above. • •Z 11TV011 I m 11111110 7011:144 MGT will use the next three weeks to continue gathering data, formatting spreadsheets and developing a solid second draft to be delivered and reviewed on site May 21". s•MINIMUM• MGT will work on site with city staff to fine tune a review of final project numbers and formats necessary to submit a package to Caltrans. This step Is set for May 71h and will work through until May 28th. • The project goal for submission to Caltrans is set for May 281". This Is a reasonable goal given the background, experience knowledge of city staff and of the MGT project team. This also allows a 4 to 5- week cushion In case of unforeseen challenges arise during the project period. M GT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 16 CONSUMING GROUP RFP NO. 1.8-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION STUDY ' 2. SCOPE OF SERVICES AND SCHEDULE Project Scope/Schedule - Santa Ana Engineering Rates 1-INFOUT MY NNN NON FAEFTIGNIC(DATACIi WIN, AFF, 11.1 —X 00, 7 —in. Ii 6': PIN i AFFNITH I 1 0' A) Ol APRILITH I I` MR. X ... a) Z 4)AMMONVOINIMMANAGEMINMiti LENWIDAINITHI "FIENFIMNANNIN.M.1nin, fjiaidopina�nia.'knnitnip rt9ue,kp PO.MINTWHOWE LIAOMONROM C41Z" MEM.M.. Ni a Ifaf ni ON a, Ni I a ON I IN, ani I OK 4) ImAnninn"nliNi 0% V% - Fif 11 ON Pavai i �. Ini Fa�dlvpi Fai 2) bd1...1InNrni,,n.t-6NnOn, ini OnNiFFWFUNWHICni palom 4 FMFINQRAiF9 31 .. 1i aqffni MlfingJi N, 1.1, FROWDE AUSTOF MI NNON INFO Ni ;Z Mi I` I M N 5 a a. MAYM 5 1 W/z <,x. M Wy Ini hi , 1 2 2 in a "i 1 N" ` NN.i 11MOMMANIONONLMANISANi 7 A d " 0 a A. rinatunnianni Mi T. 2 ON SURNIRPACMIGIETOCAMANIS: MMPLUEWviGLFi Mi Jini M G T CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 17 CONSULTING i RFP NO 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION 51L)DY �3. FEE PROPOSAL (SUBMITTED SEPARATELY) *�+� GCITY OF 5ANTA ANA, CALIFORNIA I MARCH 8, 2018 CONSULTING T RFP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN/ ISF ALLOCATION STUDY PAGE 18 14. CERTIFICATIONS M G T CITY OF SANTA ANA, CALIFORNIA ( MARCH 8, 2018 PAGE 19 CONSULTING GROUP RFP NO 18-0231, 1 PROPOSAt. FOR COST ALLOCATION PLAN / ISP ALLOCATION STUDY NON-CULUSIION AFPPAVrI (Title 23 United States Code Section 112 and Public Contract Coda Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORK$ In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that tho bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organ17Aflon, or corporation; that the bid Is genuine and not collusive or sham; that the BIDDER has not directly or indirectly Induced or solicited gay other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain fmm bidding, that the BIDDER has not in any miner, directly or indirectly, sought by agreement, aommunestion, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid prlea, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed eoutraot; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or, indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative tharoto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of tho Proposal. Signing this Proposal on tho signature Portion thereof shall also consdtuto signaturu of thin Normmllusiuu Affidavit, B11)DERS are eautiunad that making a false Bert tlon nosy subject the ccrtifrar to criminal prosecution 6igned State of Saiifernia I"4t>kL'1>A County of L41jkA& I)GH ubbssed d and sworn to (or a$inned) before me on this 57g day of raft* 20g by proved to ane on the basis of satisfactory cvidenca to be the parson(s) who appeared before rne. Notary 1.lublic S1,�/1rat�lu o C.�t-F1'tdW�/3 aAUDIANOSANG i, MY COMMISSION# Go 10n EVIRES:Octaaer 19, 2021 Notary Public Seal City of Santa Ana RFP�* Page A3-1 The prospective participant cerfifles, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal oontraet, grant, loan, or cooperative agreement, 2, if any funds other than federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activitles", This certification 1s a material representation of fact upon which reliance was placed when this transaction was made or antared Into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be Winded in all lower tier subcontracts, which exceed $106,000 and that all such sub recipients shall certify and disclose accordingly. Signed and Printed Name: Title Date March City of Santa Ana RFP Page A3-2 The undersigned consultant or corporate officer, during the performance of this contract, cortilles as follows; I. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall Include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or tormination, rates of pay or other fortes of compensation, and selection for training, including apprenticeship. The Consultant woos to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting Forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for ompioymcut without regard to race, color, religion, sox, or national origin. 3, 1110 Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. S. The Consultant shall furnish all information and reports required by Executive Order 112446 of Soptember 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliancc with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or In part and the Consultant may be deelarod Ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized In Execution Order 11246 of Soptetnbor 24, 1965, and such other sanctions may be imposed slid remedies invoked as provided in Executive Order 1124.6 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7. The Consultant shall Include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, includuxg sanctions for noncompliance; provided, however, that in the event the Consultant becomes Involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8, Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sox of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Slgnedi —a_ INC: J. Bradle Burgess, xecutive Vice President Firm: MGT of America Consulting, LLC Date: March 6, 2018 City of Santa Ana RFP Page A3.4 APPENDIX A: RESUMES AW M GT CITY OF SANIA ANA, CALIFORNIA I MARCH 8, 2018 1 , GR RPP NO, 18-0231 PROPOSAL FOR COSTALLOCATION PLAN / ISF ALLOCATION STUDY PAGE 24 CONSULTING GROUP APPENDIX A: RESUMES ••♦ ® J. BRADLEY BURGESS Executive Vice President, Financial Services MGT CONSULTING GROUP I bburgessQa rngtconsuiting.com Mr. Burgess has performed a wide variety of cost -of -service studies for California local governments and state associations since 1990, Over the past 28 years, he has developed a broad expertise in local government consulting, with a primary focus on cost allocation methodologies, user fee analysis, state and local claims and grant applications, negotiations with state and federal authorities, and indirect cost rate proposal development. He has served as a corporate officer for the following consulting firms; MGT of America, Public Resource Management Group, LLC (founder), Maximus, DMG-Maximus, and David M. Griffith and Associates, Ltd, Mr. Burgess has personally served over 190 cities, and 49 of the 58 counties within the state of California during his 24-year consulting career. He has also personally provided consulting services to 19 of California's 20 largest counties. Mr. Burgess also has extensive transit district experience, having worked with such districts as Los Angeles Metro Transit, SF Muni, BART, Oakland Port, San Diego Port, Charlotte Transit, and Sound Transit in Seattle. Recent projects include cannabis research and costing projects for the City and County of Denver, the State of Maryland and several counties in California. He also prepared the budget for Gary Indiana School Corporation as part of the Emergency Management Team hired by the State of Indiana in 2017. AREAS OF EXPERTISE • California State Mandate Reimbursement (SB 90) • Cannabis Policy, Declsion-Making and Costing • Local Government Cost Allocation Plans • Indirect Cost Rate Proposals • Cost of Service / User Fee Study • Emergency Financial Management PROFESSIONAL LEADERSHIP Mr. Burgess is an Executive Vice President at MGT Consulting and serves on the firm's Board of Directors. He is also the Manager responsible for MGT's Financial Services Division, and is one of three vice presidents responsible for the division nationally. Mr. Burgess was one of three founding partners of Public Resource Management Group (PRM). PRM became the fastest growing local government costing services practice In the nation. During his tenure with DMG and Maximus, Mr. Burgess was one of two vice presidents responsible for the $5 million local government consulting practice, with 30 professional consultants, and over 400 clients served per year. In addition to SB 90 claiming, additional representative consulting studies Include appropriation limitation studies, indirect cost rate proposal preparation, full cost and 2 CFR Part 200 federal cost allocation plans, user fee studies, development impact fee analysis, and legislative analysis. PERTINENT STATEWIDE EXPERIENCE Mr. Burgess served as the Associate Director of the California Cities SB 90 Service and the CSAC SB 90 Service. In this capacity, Mr. Burgess worked on behalf of all California local agencies to reach resolution on statewide issues such as the Open Meetings Act Impasse; developing unit costs for several current mandates; and has assisted agencies such as San Francisco, Santa Barbara County, Orange County, Santa Clara County, Sacramento County, Monterey County, Marin County and San Mateo County, as well as large municipalities such as Oakland and Sacramento to defend SB 90 claims under audit by the California State Controller, Mr, Burgess has also represented local agencies before the California Legislature, the Commission on State Mandates and the Bureau of State Audits, Mr. Burgess has also provided over 35 statewide training sessions on cost accounting theory, and presentations to over 20 state associations. M GT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE 25 CONSULTI''N--G11 GROUP RFP NO. 18.0231, 1 PROPOSAL FOR COST ALLOCATION PLAN / ISF ALLOCATION S1 UOY APPENDIX A; RESUMES ♦s♦ ®� J. BRADLEY BURGESS Fxecutive Vice President, Financial Services MGT CONSULTING GROUP I bburgess@mgcconsuking.com PROFESSIONAL HISTORY Mr. Burgess has a broad background in government, public policy, andjournalism. For three years, he edited and published a monthly professional magazine for the University of Missouri. Mr. Burgess was the IDOT budget analyst for Governor Thompson in the State of Illinois, and a consultant for Continental Illinois National Bank in Chicago. Mr. Burgess was a journalist for a daily newspaper in Kansas City, had professional projects in Egypt, Israel and Saudi Arabia. EDUCATION Masters of Public Policy Studies Degree, University of Chicago, Harris School of Public Policy Studies Bachelor of Journalism Degree, University of Missouri WORK EXPERIENCE MGT of America Consulting, LLC, Executive Vice President —Financial Services, MGTBoard of Directors Public Resource Management Group LLC, Founding Partner MAXIMUS, Inc., Vice President DMG-MAXIMUS, Inc., Vice President David M. Griffith & Associates, LTD., Vice President, Director, Manager, Senior Consultant State of Illinois Bureau of the Budget, Budget Analyst Department of Transportation CITY OF SANIA ANA, CALIFORNIA I MARCH 8, 2018 AV*®M GT PAGE 26 CONSULTING GROUP RFP N0.18-02311 PROPOSAL FOR COSTALLOCATION PLFlN/ISF ALLOCATION STUDY W", APPENDIX A: RESUMES J. BRADLEY WILKES Senior Associate MGT CONSULTING GROUP I jbradwiikes@gmmI.mm Mr. J. Bradley Wilkes specializes in governmental cost of service studies. He has a 30-year background in local government consulting focusing on cost allocation development, user fee rate calculations, Indirect cost rate calculations, Information technology, operations reviews, and cost of services for state and local governments. He is the former regional director for all DMG-Maximus consulting offices in the western United States. During his consulting career, Mr. Wilkes served as a consultant, manager, senior manager, vice president, regional director, and board member of DMG and DMG-Maximus, both national management consulting firms. Mr. Wilkes received his bachelor of arts from Brigham Young University, and his master of business administration from California State University, EDUCATION MBA, California State University B.A. Business, Brigham Young University WORK EXPERIENCE MGT of America Consulting, LLC, SenlorAssociote, 2007-Present Public Resource Management (PRMJ, Principal Owner and Founder, 2001-1007 DMG Maximus, Regional Director, Vice President Consultant/Senior Manager, Consultant/Staff Member 1982-2002 PROFESSIONAL EXPERIENCE PROJECT DIRECTOR Mr. Wilkes was the managing principal at PRM. He was the project director for many of PRM's largest projects. His 30 years of experience In the field of governmental cost accounting has included working with local and state agencies across the country. He has been a project director for cost analysis projects for many western state government projects including California, Oregon, Nevada, and Hawaii. COST ALLOCATION Mr, Wilkes is an expert In the analysis of the indirect costs within governmental agencies. He has led the software design of three cost allocation plan systems and has conducted cost allocation plan projects for many state and local governments In the western United States including the state governments in Nevada and Hawaii and large local governments such as San Diego, San Francisco, San Jose, and Sacramento, California; Spokane and Tacoma, Washington; and Portland, Oregon, RESEARCH AND STATISTICAL BACKGROUND Mr. Wilkes has been a lead consultant and manager on several statistically related projects. He has developed numerous database systems which documented a vast array of data related to user fee statistics charged by governmental agencies in California and Washington. MGT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE27 CONSUI-1 INC GROUP RFP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN J ISF ALLOCATION STUDY Im- APPENDIX A: RESUMES ••. ERIN PAYTON Director MGT CONSULTING GROUP I epayton«?i mgu:onsu1vng.aom Ms. Payton has been performing governmental cost of service studies since 1986. She has a background in local government consulting focusing on cost allocation development, user fee rate calculations, and jail rate studies. Ms. Payton Is recognized as one of the country's leading experts on cost of service analysis. She has been instrumental In developing numerous cutting -edge analytical tools to define governmental costs and revenue enhancement opportunities. She has participated In local government consulting for more than 30 years in both direct cost analysis and project management. Ms. Payton has directly participated In and managed literally hundreds of cost of service studies for local agencies ranging In size from a population of just a few thousand up to several million. EDUCATION University of California, Santa Barbara WORK EXPERIENCE MGT of America Consulting, LLC, Director, 2007-Present Public Resource Management (PRM), Senior Manager, 2003.2007 David M. Griffith & Associates (DMG), Director, 1986-2002 PROFESSIONAL EXPERIENCE Ms. Payton has successfully delivered cost allocation plans, user fee studies, and jail rate studies for the following governmental entities: California Cities and Counties • City of Alameda • City of Hermosa Beach • City of Brentwood • City of Huntington Beach • City of Burbank • City of Inglewood •Butte County •Inyo County • City of Calexico • City of to Habra • City of Calistoga • Lake County • City of Camarillo • City of La Mesa • City of Campbell • City of La Mirada • City of Chino Hills • City of Long Beach • City of Culver City • LA County Envtal Health • City of Cupertino • City of Los Gatos • City of Daly City • Madera County • Town of Danville • City of Manhattan Beach • City of El Centro • Marin County • City of Emeryville • City of Menlo Park • City of Encinitas • City of Milpitas • City of Fairfield • City of Mission Viejo Other Cities and Counties • City of Bainbridge Island, • City of Ocean Shores, WA WA • Portland (OR) • Clatsop County, OR Development Commission • City of Hillsboro, OR • Tillamook County, OR • City of Des Moines, IA • City of Spokane, WA • Johnson County, KS • City of Tacoma, WA • Lane County, OR • Umatilla County, OR • Morrow County, OR • City of Morgan Hill • City of Napa • Napa County • City of Newport Beach • City of Ontario • Orange County • Orange Co ROV • Orange Co TTC • City of Pittsburg • Placer County • Plumas County • Port of San Diego • City of Rancho Cucamonga • City of Redlands • City of Redondo Beach • City of Richmond • City of Roseville • City of Houston, TX • Clackamas County, OR • Coconino County, AZ • City of Kennewick, WA • Fulton County, GA • City of Lake Oswego, OR • City of Medford, OR • City & County of San Francisco • City of South San Francisco • City of San Jose • San Mateo County • Santa Barbara County • City of Santa Clara • City of Santa Monica • City of Santa Rosa • City of Suisun City • City of Sunnyvale • City of Temecula • City of Torrance • City of Watsonville • City of Wheatland • City of Whittler • City of Woodland • Multnomah County, OR • City of Portland, OR • City of Salem, OR • Snohomish County, WA • Spokane County, WA • Thurston County, WA City of Issaquah, WA • Pine[ County, AZ MGT CI IY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 PAGE-28 CONSULTING GROUP RFP NO 18-0231 1 PROPOSAL FOR COST ALLOCAI ION PLAN / ISF ALLOCATION STUDY APPENDIX A: RESUMES ®® SARA BEEMER Manager MGT CONSULTING GROUP I sbecmer@(ngtconSU)ung.com Ms. Beemer is a Manager assigned to the MGT Financial Services In our West Coast division. Prior to her working as a costing services consultant she had five years of experience working in local government agencies and has also been on the other side of costing service projects during those years. While working for the City of Claremont Finance Department, Ms. Beemer prepared auditing schedules, assisted with the preparation, development and analysis of the Budget, assisted In the preparation of monthly financial reports, prepared and verified financial results, notes, statistical Information, and formats for the city's Comprehensive Annual Financial Report (CAFR). As an administrative analyst with the City of Redondo Beach Police Department, Ms. Beemer was responsible for budget preparation; and monitoring, analyzing, and the approval of all budget and grant expenditures. She also served as the financial liaison to city departments and grantor agencies. AREAS OF EXPERTISE Ms. Beemer's local government and consulting experience, has given her the knowledge and experience of governmental budgeting, finance, accounting and operations; generally accepted accounting principles and costing principles. The following are the types of projects she has managed and/or participated on: + Development of cost allocation plans (CAPs) in accordance with generally accepted accounting principles (GAAP). + Development of CAPs in accordance with federal principles. + Assisting agencies in maximizing general fund cost recoveries from federally funded programs, enterprise and special revenue funds, and other non -general fund sources. + Development and negotiation of indirect cost rate proposals (ICRPs), • Development of activity based cost of service and user fee studies. + Development and negotiation of charge -back rate methodologies and rates. Ms. Beemer has assisted with and developed several cost allocation plans, Indirect cost rate proposals (ICRPs) and user fee studies. EDUCATION B.S., Finance, California State University, Fullerton WORK EXPERIENCE MGT of America Consulting, LLC, Senior Consultant, August 2007 • Present PRM, Consultant, 2006 — 2007 City of Redondo Beach, CA, Administrative Analyst, 2004 - 2006 City of Claremont, CA, Analyst, 2002 - 2004 REPRESENTATIVE CLIENTS + Bainbridge Island, WA + Inglewood, CA + Odessa, TX + Santa Cruz, CA r Bakersfield, CA + La Habra, CA < Orange County, CA + Santa Rosa, CA + Bell Gardens, CA + La Mesa, CA + Pleasanton, CA + Spokane, WA + Buckeye, AZ + LA Metro, CA + Rancho Cucamonga, CA + Spokane County, WA • Calaveras Co, CA < Lake Oswego, OR + Redlands, CA + Surprise, AZ + Castle Rock, CO + Livermore, CA + Redondo Beach, CA + Vallejo, CA • Culver City, CA + Los Angeles, CA + Riverside Co, CA + Ventura Co, CA + Daly City, CA + Madera Co, CA • Sacramento, CA + Visalia, CA INk MGT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2013 PAGE 29 CONSULTING GROUP RFP NO. 18-02311 PROPOSAL FOR COST ALLOCATION PLAN/ ISF ALLOCATION STUDY APPENDIX A: RESUMES .• ® ® SARA BEEMER Manager MGT CONSULTING GROUP sbeemai@mgmonsulcing,com • Delta Co, CO • Mesa Co, CO • San Diego, CA • Whittler, CA • El Paso, TX • Miami, FL • San Leandro, CA + Windsor, CA • Fort Bragg, CA • Montrose Co, CO • San Mateo Co, CA • Woodland, CA • Hayward, CA • Napa Co, CA • Santa Barbara, CA • Yuba City, CA • Healdsburg, CA • Newport Beach, CA • Santa Clara, CA • Yuba County, CA • Huntington Beach, CA ���♦� M GT CITY OF SANTA ANA, CAUFORNIA I MARCH 8, 2018 PAGE 3p m NSUinNG GROUP RFP NO 18-0231 1 PROPOSAL FOR COST ALLOCAI ION PLAN / ISF ALLOCATION STUDY FLORIDA 516 North Adams Street Tallahassee, Florida 32301 4320 West Kennedy Boulevard Tampa, Florida 33609 CALIFORNIA 2251 Harvard Street, Suite 134 Sacramento, California 95815 3579 East Foothill Boulevard, Suite 144 Pasadena, California 91 107 COLORADO 8200 South Quebec, SuiteA3 #184 Centennial, Colorado 80112 KANSAS 13303 West Maple, Suite 139 #177 Wichita, Kansas 67235 MARYLAND 18310 Montgomery Village Avenue #520 Gaithersburg, Maryland 20879 MICHIGAN 2343 Delta Road Bay City, Michigan 48706 NORTH CAROLINA 10030 Green Level Church Road, Suite #1267 Cary, North Carolina 27519 TEXAS 1801 East 5 I't Street, Suite 365-504 Austin, Texas 78723 WASHINGTON 1420 Marvin Road, NE, Suite C #342 Olympia, Washington 98516 IND MGT ofAmerica Consulting, LLC www. mgtconsulti ng. corn EXHIBIT B FEE PROPOSAL PUBLIC WORKS COST ALLOCATION PLAN PROJECT MGT proposes to perform the Public Works departmental administration cost allocation plan, the calculation of the Fund 86 indirect cost rate and full cost staffing hourly rates for a fixed fee of $21,560, including expenses. Assistance with the negotiations with OCTA and Caltrans will be provided as needed, on an actual cost basis. 2. Project Kick Off Meeting 3. First Draft (CAPs'and Rates) 4. MGT Office Work 5. Review of Final Reports 6. Submit Final Reports to Caltrans 16 $220 $3,520 $3,520 24 $220 $5,280 '$5,280 20 $220 $4,400 $4,400 12 $220 $2,640 $2,640 16 $220 $3,520 $3,520 If the City elects to renew or extend the contract for additional one-year contract periods, MGT's fee will be adjusted by 5% for each subsequent year. AllocationPW Cost Iand lCRPTotal Proposed Fee YEAR 1 $ 21,560 YEAR 2 $ 22,099 YEAR 3 $ 22,651 YEAR 4 $ 23,217 $ 23,798 YEAR 5 s 0 s PW ADMINISTRATION ISF PROJECT Per the RFP instructions, MGT confirms our experience and desire to complete this part of the RFP as well. Mr. Wilkes and Ms. Payton have developed the cost accounting structure for numerous ISF operations within California city government. We look forward to working with staff in developing a scope of service and project schedule that will fit the city's needs. Our estimated number of hours and a preliminary broad outline Is provided below. 2. Develop ISF Accounting Structure $220 3. Review PW Programs and Services $220' 4. Identify All Customers $220 5. Determine Allocation Bases $22p ` 6. Prepare ISF Allocation $220 7. Calculate ISF Rates $220 8. Prepare Management Guidelines $220 TOTAL 130 -175 $220 $281600-$38,500 Any additional services requested by the City may either be negotiated at additional fixed, not -to -exceed rates, or charged on an actual cost basis using the following billing rates: MGT ProfessionalIHourly igi Project Director $ 220 Senior Manager $ 185 Manager $ 170 Consultant $ 135 +++++ M GT CITY OF SANTA ANA, CALIFORNIA I MARCH 8, 2018 FEE PROPOSAL CONSULTING GROUP RFP NO. 18-0231 1 PROPOSAL FOR COST ALLOCATION PLAN / ISI" ALLOCATION STUDY ACORp MGTOFAM-01 CRYST. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN7/23/2019 D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policypes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificaN, hnldar L. Ila- ^f a..,... __.------ PRODUCER Earl Bacon Agencyy Inc. Post Office Box 121139 Tallahassee, FL 32317 INSURED MGT of America, LLC MGT of America Consulting, LLC 4320 West Kennedy Blvd. Tampa, FL 33609-2118 COVERAr;FS and Surety Companv of THIS - -- --�•� IS TO CERTIFY THAT THE POLICIES •r OF .. ,= INSURANCE numooK[ LISTED REVISION NUMBER: INDICATED. CERTIFICATE NOTWITHSTANDING ANY REQUIREMENT, BELOW HAVE TERM OR CONDITION OF BEEN ISSUED ANY CONTRACT TO THE INSURED OR OTHER NAMED ABOVE FOR DOCUMENT THE POLICY PERIOD EXCLUSIONS MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH PERTAIN, POLICIES. THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE THE POLICIES DESCRIBED WITH RESPECT HEREIN IS SUBJECT TO WHICH THIS TO ALL THE TERMS, INSR BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP A X COMMERCIAL GENERAL LIABILITY LIMBS EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEOCCUR X X 5096130327 7/1/2019 7/112020 DAMAGE TO RENTED 300,000 $ MED EXP fAnyone rson) $ 16,000 GEN'L AGGRE,�A�TE LIMIT APPLIES PER: PERSONAL a ADV INJURY $ 11000,000 GENERALAGGREGATE 2,000,000 Palm,l YI�RO. ❑ LOC I!` ECT PRODUCTS-COMP/OP AGG 2,000,000 OTHER: EOMBINEO SINGLE LIMIT $ S 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO SCHEDULED X X 2093563501 7/1/2019 ]/1/2020 BODILY INJURY Per arson $ A�UpTEO�$ ONLY BODILY E INJURY Pere¢Mant $ X AUTOSONLY X AL%q Pe�sdtlwt MAGE NLV $ B X UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE 2093663496 711/201V 7l1/2020 EACH OCCURRENCE 5,000,000 DED X RETENTION$ 10,000 AGGRE ATE 5,000,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LU21UTY YIN X PER OTH- ANYCpPROPREIIUO�RRIPARTNERI ECUtIVE (MFandatoryln NER EXCLUDED? N/A X 3011086788 7/1/2019 7/1/2020 E.L EACHACCIDEM g 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 If y¢s, desadba coder DESCRIPTION OF OPERATIONS Wim E.L. DISEASE - POLICY UMIT 2,600,000 Occur/AGG> 1,000,000 D Professional Liab. 105638880 7/112019 7/1/2020 D Cyber Liability 105638880 7/1/2019 7/112020 5,000,000 5,000,000 DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES//ACORD 101,Additional Remarks$chedele,mayy b aftachedifmorespaceisrequired) Blanket Additional Insured per attached forms CG2010; CG2037; CNA750779XX; CA20480299 Blanket Waiver of Subrogation per attached forms CNA75008XX; G1916OB; CA04440310 Notice of Cancellation to Certificate Holders Per attached forms CC68021A; CNA72315XX THE CITY OF SANTA ANA, irs OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVE ARE NAMED AS ADDITIONAL ' INSURED IN REGARDS TO GENERAL LIABILITY PER ATTARI�'@H7fIDgXac gaOep-rgOVE ffANKET ADDITIONAL INSURED FORMS. A-2018-112 rL.YYL1J & Ht"t"tCIJY A-2017-251 By RISk MANAGEMENTDIVISION CERTIFICATE HOI DFR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, A LAMBFRT ACCORDANCE WITH THE POLICY PROMS ONSCE WILL BE DELIVERED IN City of Santa Ana M Risk Management AUTHORIZED REPRESENTATIVE rfyi 20 Civic Center Plaza %y��'[ / �w— ISanta Ana CA 9 70 i� ACORD 25 (2016/031 - u-cv rJ An UKU UUKYUKA I IUN. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement A. Section II — Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused, In whole or in part, by: 1. Your acts or omissions; or 2. The ads or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. CG 2010 (04-13) Page 2 of 2 AMERICAN CASUALTY Insured Name; MGT OF CO OF REAOING,PA AMERICA CONSULTING, LLC. Copyright Insurance Services Office, Inc.,2012 No: 5095130327 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement It is understood and agreed as follows: A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products -completed operations hazard. However: I. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: I. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. GG 20 37 (04-13) Page 2 of 2 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING. LLC. �J Cypyright Insurance Services Office, Inc., 2012 Policy No: 5095130327 CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. It. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily Injury or property damage included in the products - completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily Injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. ta V. If a single construction or service project away from premises owned by or rented to the Named Insured has been R abandoned and then restarted, or if the authorized contracting s specifications or timetables, such project will still be deemed to be the same project. from plans, blueprints, designs, VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. RR jOW All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNAmutil X (1-15) Poli N Page t of 1 PolicyNo: 5095130327 AMERICAN CASUALTY CO OF READ NG,PA Insured Name: MGT OF AMERICASULTING, LLC. Cnpprigfd CNA AII Rlgh1yMd lodes copyrighted material of Insurance Semms DRca, Inc., wM its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT; 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) ntil Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition eled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policv. of (10-16) Pagel of 1 Policy No: 50951 03327 Page 1 AMERICAN CASUALTY CO OF READING,PA Insured Name:MGT OF AMERICA CG SULTING, LLC. Copyright CNA AIIIJI Rights R rvetl. �ndutle5 copyrighted material of Insurance Services Office, Inc., with its permission CNA CNA PARAMOUNT Blanket Additional insured - Owners, Lessees or jContractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2, this coverage part provides such coverage. If. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible bylaw; then paragraph 1. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. $ IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional Insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to o add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage o part: CNAf2 (10 Page I of 2 Policy No: 5095230327 Page AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. G�i(gh/t C�/N Rlghb eserved. Includes copyrighted material of Insurance Services Office, Inc., with As permisslon. CNA I CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured Is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other Insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: I. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3, does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. �.,.nroV lyM tlu-JO) Page 2 of 2 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. Policy No: 5095130327 Copycght CNA AO Rights R rued. Includes copyrighted material of Insurance SeMces office, Inc., with Its pmmission. CNAWorkers Con ;sensation And Employers Liability Insurance This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-8 (11.19971 Policy No: WC 3 11086788 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA AN Rights Reserved. Workers Corlpensation And Employers Liability Insurance It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02.20131 Policyholder Notice; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 �J m Copyright CNA All Rights Reserved. Policy No: WC 3 11086712 Lii7 l CNA72315XX (Ed. 02/13) NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: PER ISSUED CERTIFICATE Attention: Street Address: City, State, ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. CNA72315XX (02113) -- Page 1 Of 1 Policy: 2093563501 Insured Name: MGT OF AMERICA CONSULTING , LLC. Copyright CNA All Rights Reserved. POLICY NUMBER: 2093563501 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): PER ISSUED CERTIFICATE Information required to complete this Schedule, if not shown The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 1144 0310 l9 will be shown in the Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 .- POLICY NUMBER INSURED NAME AND ADDRESS P 2093563501 MGT OF AMERICA CONSULTING, LLC. 4320 NEST KENNEDY BLVD. ._._ -. _ _. TAMPA, FL 33609-2118 COMMERCIAL AUTOMOBILE LOSS PAYEE SCHEDULE "Any Loss Payee that has a financial interest in a covered "autos for which we are Providing physical damage coverage for that covered -auto, under this policy.. INSURED Page 8 of 1.3 POLICY NUMBER- -- IN3DR8D NAME AND ADDRESS-- P 2093563501 MGT OF AMERICA CONSULTING, LLC. 4320 WEST KENNEDY BLVD, ,.._ TAM -PA, FL 33609-2118 ADDITIONAL INSURED - LESSOR SCESDULE 'Any Lessor of a covered "auto- for which we are providing any coverage for that covered 'auto' under this policy." z ��� C�W INSURED Page 9 of 13