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HomeMy WebLinkAboutItem 30 - Agreement for Public Works Cost Recovery Analysis ServicesPublic Works Agency www.santa-ana.org/public-works Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 4, 2024 TOPIC: Public Works Cost Recovery Analysis AGENDA TITLE Agreement for Public Works Cost Recovery Analysis Services (General Fund and Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Government Consulting Partners, Inc. to provide a comprehensive analysis of Public Works billable rates and indirect cost calculations in an annual amount not to exceed $120,000, which includes an $11,000 contingency, for a one-year term from July 1, 2024 through June 30, 2025, with the option of two, one-year extensions, for a total amount not to exceed $360,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency provides a wide variety of services to the community that incur operational costs which include labor, materials, and various indirect or overhead charges. Staff recoups as much of these costs as possible through various grants, fees, and cross charges. Developing a methodology of identifying the true costs of service for these activities is vital to the accurate and efficient recovery of these funds and the capture of revenue. This is especially true with requesting reimbursements from other government agencies such as Caltrans, who require indirect cost allocation plans to justify payment amounts to the City. The Public Works Agency recommends performing a comprehensive analysis of its billable rates and indirect cost methodologies to ensure that the City is fully identifying service costs, capturing available revenues from external partners, and reducing costs to the City. To that end, a Request for Proposals (RFP) No. 24-058 was issued on April 3, 2024 on the City's online bid management and publication system, Planetbids. A summary of vendor participation and results is as follows: 449 Vendors Notified 12 Santa Ana Vendors Notified 22 Vendors Downloaded the Bid Packet Public Works Agency Cost Recovery Analysis June 4, 2024 Page 2 3 Proposals Received 0 Proposals Received from Santa Ana Vendors Proposals were solicited, opened on April 3, 2024, and evaluated. Three proposals were submitted by the RFP deadline and all three were determined to be responsive to the specifications and met the City's requirements. Proposals were scored by a staff panel and were rated based on responsiveness to the RFP, experience of the firm, and pricing. Staff recommends the approval of the agreement with Government Consulting Partners as they demonstrated the most relevant expertise, capacity, and experience as specified in the RFP. FISCAL IMPACT Funds are available in the proposed Fiscal Year 2024-2025 and funding for subsequent fiscal years will be included in the proposed budgets for City Council Consideration. Fiscal Accounting Fund Accounting Unit, Total Year Unit- Description Account Account # Description 2024-25 01117017- General Fund PWA- Service $60,000 62300 Enhancement — Contract Services — Professional 2024-25 10117601- Public Works — Public Works — $60,000 62300 Administration & Admin Services — Planning Contract Services Professional FY 24-25 TOTAL $120,000 Optional 1st -Year Extension 2025-26 01117017- General Fund PWA — Service $60,000 62300 Enhancement — Contract Services — Professional 2025-26 10117601- Public Works — Public Works — $60,000 62300 Administration & Admin Services — Planning Contract Services — Professional FY 25-26 TOTAL $120,000 Optional 2nd-Year Extension 2026-27 01117017- General Fund PWA — Service $60,000 62300 Enhancement — Contract - Professional Public Works Agency Cost Recovery Analysis June 4, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Total Year Unit- Description Account Account # Description 2026-27 10117601- Public Works — Public Works — $60,000 62300 Administration & Admin Services — Planning Contract Services — Professional FY 26-27 TOTAL $120,000 TOTAL $360,000 EXHIBIT(S) 1. RFP for Cost Recovery Services 2. Government Consulting Partners Submittal 3. Agreement with Government Consulting Partners Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, Acting City Manager EXHIBIT 1 REQUEST FOR PROPOSALS NO. 24-051 FOR PUBLIC WORKS AGENCY COST RECOVERY ANALYSIS CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Wednesday, April 03, 2024 Deadline for Questions: Tuesday, April 16, 2024, 4:00 P.M. Proposal Due Date: Thursday, April 25, 2024, 4:00 P.M. a ? 1 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND...........................................................................................................................3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. TERM OF AGREEMENT............................................................................................................ 3 IV. MINIMUM QUALIFICATIONS...................................................................................................... 3 V. RESPONSE TO RFP.................................................................................................................. 3 VI. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 7 VII. REFERENCES............................................................................................................................8 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 8 IX. SELECTION PROCEDURES & CRITERIA................................................................................. 8 X. WITHDRAWALS..........................................................................................................................9 XI. GENERAL TERMS AND CONDITIONS.................................................................................... 10 XII. AWARD OF AGREEMENT........................................................................................................ 14 XI II. IMPLEMENTATION................................................................................................................... 15 EXHIBITS Exhibits provided herein for Proposers' reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT 11 — SAMPLE AGREEMENT ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION a CITY OF SANTA ANA I. BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/ II. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide consultation on cost recovery methodologies and work plans to accurately calculate full costs of service to capture lost revenue. See EXHIBIT I for complete Scope of Services. The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). III. TERM OF AGREEMENT The anticipated term of the agreement is for an initial one (1) year period. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed three (3) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. IV. MINIMUM QUALIFICATIONS 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Proposers must have a minimum of seven (7) years' experience providing similar services to other government agencies. Proposers must have provided similar services for a minimum of three (3) years to at least two (2) government agencies with tax revenues exceeding $150 million 3) Proposers must not have had any disciplinary action taken or pending against them during the past (5) years with state regulators, government agencies, or professional organizations. V. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. City of Santa Ana RFP 24-051 Page 3 of 31 CITY OF SANTA ANA PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an a -bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: Megan Ornelas Buyer MOrnelas(a)santa-ana.org City of Santa Ana RFP 24-051 Page 4 of 31 a CITY OF SANTA ANA D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City's terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City's required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: City of Santa Ana RFP 24-051 Page 5 of 31 (9) CITY OF SANTA ANA a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Rudy Rosas, Deputy Public Works Director / City Engineer City of Santa Ana — Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I — Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm's nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers': i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. References: Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. City of Santa Ana RFP 24-051 Page 6 of 31 a CITY OF SANTA ANA 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month's reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) VI. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: Attachment A: Proposer's Certification and Proposal Item Pricing W Attachment B: References Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification Attachment F: Non -Discrimination Certification The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. City of Santa Ana RFP 24-051 Page 7 of 31 a CITY OF SANTA ANA PLEASE NOTE: • All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. • City will not waive notarization requirement when applicable on any of the required attachments. VII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if. • References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit H — Sample Agreement IX. SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. 15 • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. Experience of Firm and Personnel • The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned 50 staff. City of Santa Ana RFP 24-051 Page 8 of 31 a CITY OF SANTA ANA Proposed Pricing 25 • Reasonableness of Cost References • References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 Before interviews - if held Interviews • The City reserves the right to conduct interviews with the highest -rated firm(s). In the event the City does perform an interview process, the 20 following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non -responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. X. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. City of Santa Ana RFP 24-051 Page 9 of 31 a CITY OF SANTA ANA XI. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City's website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and City of Santa Ana RFP 24-051 Page 10 of 31 ate?)CITY OF SANTA ANA additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. City of Santa Ana RFP 24-051 Page 11 of 31 a CITY OF SANTA ANA J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. City of Santa Ana RFP 24-051 Page 12 of 31 a CITY OF SANTA ANA O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. City of Santa Ana RFP 24-051 Page 13 of 31 ate?)CITY OF SANTA ANA Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XII. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, City of Santa Ana RFP 24-051 Page 14 of 31 (9)CITY OF SANTA ANA insurance documents and contents of the payment information packet have been received and approved. XIII. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City of Santa Ana RFP 24-051 Page 15 of 31 (a CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. I. Data Collection, Review of Current Fees, Rate Structures, and Cost Analysis a. Participate in a kick-off meeting between consultant and City staff to review objectives of study, agree to methodology, exchange information, timing and schedule for all tasks, and to determine information to be provided by Agency staff. b. Review applicable City documents including but not limited to General Plan, Master Plans, Capital Improvement Program (CIP), current fees, municipal code, and other relevant City documents. c. Evaluate the City's existing services to gain an understanding of the City's operations. d. Meet with staff and conduct interviews as needed to gain an understanding of the City's functions and operations. e. Research cost restrictions by funding agencies, such as Caltrans. f. Review methodology of various user fees levied by the city. g. Research methodologies on existing indirect and administrative costs the City charges internally. II. Billing Hours a. Develop billable hour targets for Public Works Agency staff members in CIP Engineering, Construction and Traffic based on direct and indirect cost calculations. b. Identify all indirect costs associated with staff activities. c. Calculate full cost (direct and indirect) hourly rates for Engineering staff, based on differing program allowances and restrictions. d. Ensure costs are appropriate and applicable to funding agency guidelines, including Caltrans. e. Develop a training and management program to ensure staff are aware of targets and how to correctly and accurately manage timesheets. f. Monitor timesheets on a monthly bases to ensure target hours are being met. III. User Fees a. Determine full costs of both fixed and variable user fees in Public Works. b. Identify alternative methods (if any) of charging fees to ensure efficient and reasonable rates. IV. Findings, Recommendations, Final Reporting and Presentations City of Santa Ana RFP 24-051 Page 16 of 31 ate?)CITY OF SANTA ANA a. Prepare draft and final reports to submit to the City containing background information, methodology, findings, and recommendations. b. Meet with Public Works Agency and Finance Department staff to discuss findings and issues. c. Identify and create backup documentation for indirect charges. d. Prepare a comparison between the fees charged by City -selected jurisdictions and the City's proposed fees. Gather the required information to compare total fees that would typically be charged for specific types of projects. e. Develop draft Fee Study: Consultant shall prepare a Draft Fee Study and participate in various presentations to select City staff or other interested parties as deemed necessary by staff. Consultant shall collect and document comments and concerns from staff and incorporate those comments as directed. f. Prepare and deliver a presentation, to the Santa Ana Environmental and Transportation Advisory Commission and the Santa Ana City Council to facilitate understanding of the proposed fees; provide necessary adjustments, if requested. g. Prepare and manage the public comment procedure as required by the Mitigation Fee Act. h. Recommend adjustments to the Municipal Code if necessary. i. If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant's proposal. The City reserves the right to modify the scope of services before the contract is awarded depending on cost and the City's confidence in the selected vendor. City of Santa Ana RFP 24-051 Page 17 of 31 CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT -AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this , ("Consulta Ana, a charter city and municipal corporation organized and existing under the Con4, of California ("City"). RECITALS The City desires to retain a Consultant having special skill and B. Consultant represents that Consultant is able and willing to In undertaking the performance of this Agreement, and that any services performed by Consultant such standards as may reasonably be expect NOW THEREFORE, in consideration of the conditions hereinafter set forth, the parties agr. 1. SCOPE OF SERVICES Consultant shall perform*iingmaterials, tools, equipment, and described and set forth in Scope 2. COMPENSATION 3 the City to unless ten 4 edge in the field by and between he Ck of Santa lahe State rdgeable in its field d in compliance with in the field. promises, and subject to the terms and 'M tasks and obligations including all labor, to fully and adequately complete the services hereto and incorporated by reference. ,s to accept as total payment for its services for City, the rates i — EXHIBIT II. The total amount to be expended during the $xxxxxx. made vMhin forty-five (45) days following receipt of proper invoice evidencing to City accounting procedures. Payment need not be made for work which s of performance set forth in the Recitals which may reasonably be expected all commence on the date first written above for a one (1) year term with the option for o (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, in accordance with Section 15, below. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 City of Santa Ana RFP 24-051 Page 18 of 31 (9) CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, sublicense any and all copyrights, designs, and other intellectual property embodied in plans, drawings, estimates, and other documents or works of authorship fixed in any tangible including but not limited to, physical drawings or data magnetically or otherwise record which are prepared or caused to be prepared by Consultant under this Agree Consultant shall require all subcontractors to agree in writing that City is granted -e. license for any Documents & Data the subcontractor prepares under this Agreement. warrants that Consultant has the legal right to license any and all Documents & Data. representation and warranty in regard to Documents & Data which were provided to Cons shall not be limited in any way in its use of the Documents and Data at any time, provided within the purposes intended by this Agreement shall be at City's soleAL Prior to undertaking performance of work under thi require any subcontractors to obtain and maintain insura Agreement against claims for injuries to persons or da with services, products and materials supplied to City. MINIMUM SCOPE AND LIMIT OF IN; 1. Commercial General Liability (C "occurrence" basis, including prod personal & advertising injury with Automobile Liabilitqq limits no less than $1,0 use, odify, reuse, or s ations, studies, ofexpression, Ocr ompute diskettes, `Docume Data"). KClusiv perpetual sult presents 0aiiLdmakes noby the Ci t v su e not Fn and shall i Term of this m or in connection borne by Consultant. Office Form CG 00 01covering CGL on an 3tions, property damage, bodily injury and 00 per occurrence and $2,000,000 d umbrella/excess insurance policies. CA 00 01 covering Code 1 (any auto), with )'1Wtate of California, with Statutory Limits, and of no less than $1,000,000 per accident, policy or employee, limits no less than $1,000,000 per occurrence or claim, and coverage and/or higher limits than the minimum requirements for each line of ires and shall be entitled to the broader coverage and/or the higher limits ilable insurance proceeds in excess of the specified minimum limits of available to City. ce policies are to contain or be endorsed to contain the following provisions: City119111PR7-Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. City of Santa Ana RFP 24-051 Page 19 of 31 ate?)CITY OF SANTA ANA 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. W 5. Insurance policies required herein shall provide that coverage shall not be can , suspendedf�oor voided, reduced in coverage or in limits, non -renewed by the carrier, or materially change pt after t days prior written notice has been given to City. Ten (10) days prior written notice sh rovided y policy cancellation or non -renewal due to non-payment of premium. � 6. Certificate Holder on each Evidence of Insurance certificate shall be-11111111111Lof Sa Attention: (Name of Responsible Staff), 20 Civic Cente Department mail box), Santa Ana, CA 92701. The n4 included in the Description of Operations section of eac Self -Insured Retentions Self -insured retentions must be declared to and app purchase coverage with a lower retention or provide p administration, and defense expenses within the reteA Acceptability of Insurers Insurance is to be placed with insurers autho of no less than A:VII, unless otherwise accer Verification of Coverage Contractor shall furnish the City w' policy language effecting cover and approved by the City before work beginning shall not waive the complete, certified co ies of all specifications, at any Special Risks or C City reserves the r experience, insurer, laza (M-XX — ,and location Ptaff's ust be `e the Consultant to investigations, claim in the state with a current A.M. Best's rating Nfa ato"ry endorsements or copies of the applicable tificates and endorsements are to be received e to obtain the required documents prior to the to provide them. The City reserves the right to require policies, including endorsements required by these of the risk, prior Consu es Wend, and shall indemnify and hold harmless the City, its officers, agents, e yees eci ounsel, and representatives from liability: (1) for personal injury, damages, just co restiWHO diaal or equitable relief arising out of claims for personal injury, including death, and claim property da which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, o r persons acting on its behalf which relates to the services described in section 1 of this Agreement- any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is du n 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 further 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 City of Santa Ana RFP 24-051 Page 20 of 31 (9) CITY OF SANTA ANA in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, a ployees against any and all liability, including costs, for infringement of any United States' letters patent, ark, or copyright infringement, including costs, contained in the work product or documents provided nsultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be Agreement. Consultant shall maintain complete and accurate records with respect to the cos Agreement and any services, expenditures, and disbursements char o the City for a mini (3) years, or for any longer period required by law, from the date 1 payment to Co Agreement. All such records and invoices shall be clearly identifiable.Ncd' taintll allow the City to examine, audit, and make transcripts or copies eother0 pursuant to this Agreement during regular business hours spedocuments, proceedings, and activities related to this A ent for a final payment to Consultant under this Agreement. If Consultant receives from the City infl understood to be confidential and/or proprietary, except in the performance of this Agreement, < protect its own information of like im ortance, bt shall include all nonpublic infor Confid information transferred orally, vis is party by any subsidiary and/or age non-use and nondisclosure shall not to sources; (b) is, through o fault of the Co of the Consultant wit ligation of c independently develo sultant w this mrbsentative f three nsuer this reof ments created of all work, data, rs from the date of hic to the nature of such information is reasonably it agr t it shall not use or disclose such information greeNthaasonable rcise the same degree of care it uses to scare. "Confidential Information" includes not only written information, but also :the ns. Confidential information disclosed to either :overe by this Agreement. The foregoing obligations of tion that (a) has been disclosed in publicly available i a publicly available source; (c) is in rightful possession is required to be disclosed by operation of law; or (e) is ice to information disclosed by the City. I it presently has no interests and shall not have interests, direct or indirect, which performance of services specified under this Agreement. tan shal t discriminate because of race, color, creed, religion, sex, marital status, sexual orienta n, gender ide gender expression, gender, medical conditions, genetic information, or military and veteran status, age, nal origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitmen eaching, training, utilization, promotion, termination or other employment related activities or any servi ded 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 City of Santa Ana RFP 24-051 Page 21 of 31 (9) CITY OF SANTA ANA may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of C tor, Con ultant may not assign, transfer, delegate, or subcontract any interest herein without the prior wr onsent o City and any such assignment, transfer, delegation or subcontract without the City's prior writt nsent sh onsidered null and void. Nothing in this Agreement shall be construed to limit the City's abilit ve the servic which are the subject to this Agreement performed by City personnel or by other Contra ed by City 15. TERMINATION This Agreement may be terminated by the City upon thirty (307 event, Consultant shall be entitled to receive and the City shall pay performed by Consultant prior to receipt of such notice of termja� As a condition of such payment, the City all work product(s) completed a: the property of the City unless prohib for such purposes as the City dekms Payment need not be made fq the Recitals of this Agreement. No waiver of breach, fail of this Agreement shall be effecti or remedy. No waiver of any breac failure, right or remedy, whether or not so specifies. _ In such fo all services itions: ant to deliver to the work product shall be to the City's use thereof meet the standard of performance specified in Rftemedy contained in or granted by the provisions si ed by the party waiving the breach, failure, right edy shall be deemed a waiver of any other breach, aiver constitute a continuing waiver unless the writing Fec-i�Q delivered in the State of California and the validity, interpretation, any of the clauses of this Agreement shall be determined and governed by the th parties further agree that Orange County, California, shall be the venue for any brought or arise out of, in connection with or by reason of this Agreement. '41111111111111111IRisultant sha hroughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waiversa emptions necessary for the provision of the services hereunder and required by the laws and regula sioited States, the State of California, the City of Santa Ana and all other governmental agencies. l notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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 mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: City of Santa Ana RFP 24-051 Page 22 of 31 ate?)CITY OF SANTA ANA 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 With courtesy copies to: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its a shall be addressed and transmitt to have been given three (3) days with postage prepaid, and addressed to have been given t enty-four (24) transmitting facsimil addr weekends, federal, st C 20. MISCELLANE giving no in w o the other party. Thereafter, any communication addres f sent all, communication shall be effective or deemed de 'ted in a United States mail, duly registered or certified, fort ent by fax, communication shall be effective or deemed h fter t set forth on the transmission report issued by the esse et forth above. For purposes of calculating these time frames, ity holi all be excluded. Each un represents and warrants that its signature herein below has the power, authority 9nd right tqWtheir respective parties to each of the terms of this Agreement, and shall indemnify City fully, in%irg reasonable costs and attorneys fees, for any injuries or damages to City in the gg�tat suthority or power is not, in fact, held by the signatory or is withdrawn. e eriis the final and complete agreement and any prior or contemporaneous agreem for similar services between the parties is superseded by this Agreement. This shall not ap where the Parties are currently engaged and Consultant is providing services not cont ted by this Agreement. ibits referenced herein and attached hereto shall be incorporated as if fully set forth in the ody of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA City of Santa Ana RFP 24-051 Page 23 of 31 (9) Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 0 Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director [INSERT] Agency CITY OF SANTA ANA Tom Hatch Interim City Manager CONSULTANT: SAMPLE ONLY City of Santa Ana RFP 24-051 Page 24 of 31 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT SIGNATURE OF AUTHORIZED AGENT DATE PHONE AND FAX NUMBERS TITLE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 25 of 31 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Phone Number: _ EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contact Individual: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 26 of 31 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 27 of 31 a CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 28 of 31 (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, 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 contract, 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered 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 included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 29 of 31 a CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees 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 employment without regard to race, color, religion, sex, or national origin. 3. The 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. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 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. In the event of the Consultant's non-compliance 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 declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. 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 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 City of Santa Ana RFP 24-051 Page 30 of 31 a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant 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 sex 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. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 31 of 31 EXHIBIT 2 PROPOSAL FOR Public Works Agency Cost Recovery Analysis No. 24-051 THE t30lDECf FOUNDED 1869 Offered by: Government Consulting Partners, Inc. (GCP) April 23, 2024 City of Santa Ana, California April 23, 2024 Attn: Rudy Rosas Deputy Public Works Director/City Engineer 20 Civic Center Plaza Santa Ana, CA 92701 Dear Proposal Committee: Government Consulting Partners, Inc. (GCP) is pleased to submit this proposal for a public works agency cost recovery analysis. Every aspect of our proposal revolves around our team. Our team is uniquely suited for this project. It was built for this project. No other team will be like it. "Our team" not only includes the four individuals below, but it also includes the city team who will participate in this effort. Without the dedicated city staff who are enthusiastically jumping in on this project, the effort would fail. We recognize this. Project Team: Our team includes: J Bradley Wilkes 40 years of experience - Focused solely on the full cost analysis of local government. Jeff Wakefield 30 years of experience - Focused solely on the full cost analysis of local government with an emphasis on development services. Cindy Sconce 23 years of experience - Focused solely on the full cost analysis of local government with an emphasis on meeting state and federal requirements to recover those costs. Bill Busath 30 years of engineering experience - with state and local government. If our team is selected to partner with city staff on this important project, we look forward to putting our best effort into producing an outstanding study result. Sincerely, ,T Bradley Wilk J Bradley Wilkes President 5016 Brower Ct Granite Bay, CA 95746 Government Consulting Partners �j City of Santa Ana PW Proposal 2 111>1_ll TABLE OF CONTENTS SECTION PAGE Cover Letter 2 Executive Summary 4 I. Services Provided 6 2. Agreement Statement 10 3. Firm and Team Experience 11 4. Proposed Work Plan 13 5. Cost Proposal 20 ATTACHMENTS: A Certificate and Proposal Pricing B References C Proposer's Statement D Non -Collusion Affidavit E Non -Lobbying Certification F Non -Discrimination Certification Government Consulting Partners �j City of Santa Ana PW Proposal 3 1111_ll Executive Summary cost recovery study has been a staple for California cities for the past 40 years, and typically, it is at this point in the proposal, we talk about the "art" and the "science" of the study. Because these studies operate in the world of allocation and indirect costs - which by definition are built on estimations - they do not reach a "CPA" level of accounting accuracy. They are more art than science. While this is true, too often consultants use this as an excuse to lower expectation for the study as a whole. In this proposal, GCP is throwing out this disclaimer. We are aiming for perfection, and we are confident we can get it. There are two key reasons for this confidence: First, the strength of our project team and second, our strategy to jump any hurdles and hit the project targets. The targets are very clear and the hurdles to hit those targets are not a mystery. MW ' Project Team: The targets we need to hit for success, and the potential hurdles in front of us blocking those targets, can all be Vz conquered through teamwork. Our project team includes: lop Brad Wilkes. Brad has been working exclusively with local governments for the past 40 years. He has built a number of successful consulting firms and has worked his way up from a front- line consultant to the highest levels of management for a number of national firms. Specific to this proposal, he has also participated in at least a dozen cost recovery projects for development -related services for the city of Santa Ana. Jeff Wakefield. Jeff is one of the state's most qualified cost analysts. His 30-year career has been focused on development -related services in city and county government. His comfort zone is in the world of building, planning, traffic, engineering, and all things development. During his career, Jeff has also completed several cost recovery studies for the city of Santa Ana. Cindy Sconce. Cindy's 23-year career has also been focused on cost analysis of local government. While she and Jeff have somewhat parallel interests in the development functions of city government, she is one of only a few consultants in the state that pairs this experience with the second important step of a project like this - the actual experience in navigating the confusing and complex web of state and federal requirements that must be met to obtain reimbursement of many of those costs. Bill Busath. Bill's key role as a team member is a linchpin for the success of our effort. He will view this effort through the lens of a city staff member. Too often, as consultants to government, we make assumptions and plans based on our experience - just assuming these Government Consulting Partners �i City of Santa Ana PW Proposal 4 1111_ll plans and assumptions fit the city we are working with. This fundamental error can be a nagging, sometimes unseen, fatal error. Bill's assignment in this study is to navigate and guide our team through this hurdle. Bill ended his career in local government as the Director of Utilities in the city of Sacramento. He worked his way up from being a front-line Caltrans engineer and junior staff member in Sacramento, to working in the highest levels of city government. He brings an extensive resume to our team. City Staff Members: It would be a huge oversight to minimize the effort and contribution of city staff in this effort. Without their knowledge, determination and enthusiasm, this project will fail. We look forward to working hand in hand with city staff, managers, and directors. of Fixed Fee oz Variable .,R Project Targets: While the targets for success and the hurdles in front of those targets are many, they can be summarized in five key areas: Development related services in Santa Ana account for HourlyRate almost $12 million of cost. This is our main target. The calculation and recovery of those costs. These services ®Reimbursement employ a number of costing and charging permit fee charging mechanisms. These fees are designed to address the unique nature of each permit. Many services lend themselves to a fixed fee. These services are more often routine in nature, each similar to the next, and the effort by staff members can be estimated fairly accurately. These services are then charged using a fixed fee based on an assumed number of hours. Fees charged on a variable basis - valuation, and square footage - represent several challenges not found when analyzing services charged by fixed fees. The complexity of valuation tables and the estimation of project size represent unique challenges - both positive and negative. The experience of our project team makes sense of this complexity and brings order to what can be a confusing process. A third, very key target in Santa Ana public works, are services that are charged using hourly rates. When done correctly, this is the most accurate method of charging for services. But it is complex - because there are a hundred moving parts - and therefore, a daunting challenge for local governments to harness accurately. Because this is a methodology that many state and federal government reimbursing agencies require, it represents the biggest challenge for local governments to meet. Many give up and forfeit any chance of recovery for these related services. Our project team understands the mechanics of doing these studies - fees based on fixed and variable fees, and the calculation of hourly rates. Notably, what sets our team apart is our experience in obtaining reimbursement of costs through each of these charging mechanisms. It is not our goal, or the city's goal, to employ a consultant year after year to manage this effort. One important aspect of our work is to set a foundation of systems that define repeatable steps that city staff can follow to obtain long term reimbursement of city costs. Government Consulting Partners �j City of Santa Ana PW Proposal 5 1111_ll -These are our targets, and the hurdles we need to jump to hit these targets are clear. Our team is confident and ready to go. The remaining sections of our proposal will examine in detail options, ideas, processes, and experiences we have developed over our careers. We are looking forward to combining these experiences with the ideas and experiences of city staff and managers as we explore the best practices found across the country. Services Provided overnment Consulting Partners (GCP ) is a firm focused on the analysis of the full cost of governmental services. This includes the development of federal 2CFR 200 and full cost allocation plans, indirect cost rates, the full cost of providing user fee and SB 90 claiming services and other related cost and revenue enhancement consulting services. The city's RFP requested the following services: Data collection, review of current fees, structure, and cost analysis. Our GCP team has years of experience working in the city. We wantto capitalize on this experience, while also, listening to staff and understanding their goals and objective forthe project. This experience gives us a head start in every aspect of what is outlined in the RFPs scope of services. However, as we think FAII . about the first few weeks of this study, we Co know we will quickly realize we don't know everything. We will approach the kickoff ¢' u N "? C J V 2 Y ,' meeting and the interactions of our team "";''"' `£"� '� _ with city staff with this in mind. Using this � r- — re ra hic as an example, we want to listen { p¢Qpucv first, act second. While our GCP team �6YO:�o W certainly has preconceived ideas and plans, we will not discount the input and direction from the city team who have years of � t actual real -life experiences with the services the study is focused upon. We will take notes, share ideas, then put all the ideas together and finalize a plan of attack. In parallel with these beginning meetings, in the background, our team members will hit the ground running and waste no time learning or asking about what basic data is needed and how to get it. We understand exactly Government Consulting Partners f j , City of Santa Ana PW Proposal 6 1111^1111 what data is needed and we can quickly match what is needed with how to find it. Brad and Jeff first began working with Santa Ana in the late 1990s and Brad has been involved with city projects on an annual basis since 2015. We understand the city organizational structure, we feel comfortable communicating with the city's finance and administrative departments, and we know the pluses and minuses of city reports - such as those produced by the Lawson system and the centralized accounting systems. We know the citywide account structure and the budget unit codes of funds, departments, divisions, etc. We feel at home reading technical data and can quickly communicate with city staff using the same "language" as we gatherthe documents and reports that will be the foundation of our calculations. Since this RFP has gone out, our team has spent hours online reviewing fee structures and noting areas of strength and areas that may be open for improvement. We will not only provide a cost analysis, but we will listen to staff about what is working well and what is not in terms of structure, management, process, etc. We look forward to talking about streamlining fee schedules, discussing pros and cons of valuation -based structures, square footage -based fee structures, and the convenience of fixed fee charges and balancing the accuracy vs. the administrative work required for accurate hourly rate charged fees. The second step of this study is after the costs have been reviewed and calculated - how does the city recover these costs? Cost recovery can be made in a number of ways, including user fee charges, grant funding, state and federal reimbursement (SB 90, Caltrans, etc.) GCP team members have experience guiding city governments through each potential aspect of cost reimbursement. This effort of cost calculation and the corresponding reimbursement of those costs is multidimensional. Each avenue of potential reimbursement has its own requirements. How are indirect costs calculated and are these calculations supported by substantial backup, do they follow the unique guidelines of each reimbursement option? Our project team has prepared hundreds of citywide cost allocation plans (both full cost and federal/state (2 CFR Part 200) cost plans), departmental cost plans and our team has submitted and navigated more calculations to approving authorities than has any other team of four members in the state. This gives us confidence that this section of the study will be successful. Billing Hours. The operations and services that public works is responsible for span across fund and department lines. Each operation and service has a profile. This profile - what is done, who is the customer, who does the work, how long does it take, etc. - will drive how the cost is calculated and how it is then charged and reimbursed. This profile also drives the requirements that shape how costs are calculated. For many user fee services the state code provides direction, for example, it is generally accepted by California agencies that user fee charges cannot recover more than reasonable estimates of the cost to provide the service. This generally applies to most of the services we will review in the city. This RFP is different than most city user fee RFPs. The services included in this study have profiles that dramatically vary. Understanding each service and how it will be charged and recovered is key to success. This section of the RFP - hourly rates - points directly to the reimbursement of Caltrans funded projects. Understanding how to calculate and then get reimbursement of those project costs requires an in-depth understanding of Caltrans rules and requirements. A major part of those requirements is the correct development and use of hourly rates. Hourly rates calculated forthe estimation of fixed fee -based userfees in the general fund - can be exactly that - estimates. For Caltrans reimbursements, they cannot. The foundation of solid Government Consulting Partners �j City of Santa Ana PW Proposal 7 1111_ll hourly rate calculations comes directly from time sheets and time keeping systems. These systems are more than the transactional effort of entering hours per project into time sheets. To have a defendable hour rate study, the following steps need to be built: Starting with the end in mind - for a department in the city to recover maximum costs for services they provide - a process must be developed to track and then charge for each step that was taken to provide that service. This process, for many services provided by the city, is directly tied to how many hours each service is required. There are specific rules and requirements that dictate how these hours are tracked and then charged. Through analysis and interviews, we will determine the number of annual billable hours each staff position can reasonably do. This will be dependent on the type of work each person is responsible for. Administrative, clerical, supervision related positions will have fewer billable hours than a front- line engineer or inspector. Each position will be reviewed, and a "target" number of billable hours will be developed. Once those targets are established, that process must Billing Hours Annual Target Develop an individual annual target Analyze Monthly Does each month's actual data support the forecast? Solid data = Equals solid Results Consistent monthly review will ensure success merge with the EW systems used by the city to input and then track Time Keeping System Adjust Recover Costs those hours. Ensure all systems will support No forecast is perfect - be 12 Months of work will result in Each month, the the end goals flexible maximum cost recovery system will report back how the targets are begin met and adjustments can be made to fine tune those targets. At the end of 12 months, reliable data that meets Caltrans requirement will become the basis for the full cost recovery of Caltrans funded projects. This is a key step - one that will drive the entire success of cost recovery for a major section of the city's cost recovery goals. We are confident that we have technical skill to make these calculations and that we have the management skills to develop processes that define repeatable steps that city staff can follow to obtain long term reimbursement of city costs and coach and guide city staff through any challenges that may arise. III. User Fees. A dominant part of the study will be the review of the "traditional" development related user fee service provided by most California cities. The cost of these services are recovered by permit fees that may be fixed in nature - based on an average estimate of time and the full cost of that time - or recovered by a variable measure - based on size, either valuation or square footage. We are Government Consulting Partners �j City of Santa Ana PW Proposal 8 1111_ll looking forward to listening to city staff and learning from them what is working and what could be improved. We can bring examples from the hundreds of cities we have worked with and can help guide this discussion to something more than just a rudimentary calculation of cost. The graphic below illustrates some of the innovative concepts our staff has developed: BEST PRACTICES - PERMITTING AND FEE CHARGING METHODOLOGIES DEVELOPED BY GCP TEAM MEMBERS ,= Keep Valuation ■ Select representative sample of projects. ■ Track actual tirne or estimate time for each project. Apply Ff HR, * Adjust valuation fee schedule based or, results. ■ Update building valuation data (EVa), a ROSEVILLE It's time to modernize! Modernize * Technology surcharge& GPMF * Combo permits • Reas-onable permit fees. Small cell site fees. * Rooftop solar permits_ • Creditcardfees. Phased in Dev Surcharge SA4NTA BARBARA Square Footage • Calculate base fee + per additional sq ft fee for each XC occupancy category. Miscellaneous permits charged via flat fees. • Projects out of norm charged deposit + actual cost. ►4NAHEIM Combo Permits Group constfuction mix by use. SFID, Multfrarn, Office/Retail. • Charged per sq ft. Fee mc ludes Smictura I and PME inspections plus 3 plan checks. TAMARAC RL Icuiate cost per sq ft to inspect and plan check occupancy categories. one fee consolidates the structural permit fee, Pl"e fees and plan check fee. • Ti's arecharged based on project Valuation. FORT COLLINS CO.; j _II'll :o services m:1 unpredic able .erne reo3irernents. • Large eriou�h deposi.s =o avoid sop work orders. • Acop: bes= praC_ice depose= policies �51#f4 f}IFCf7 Government Consulting Partners �ll City of Santa Ana PW Proposal 9 111�1_ll IV. Findings. GCP is committed to accomplishing all the reporting and presentations listed as, a - i, in this section of the RFP. Our reports will be pointed toward both a technical audience (Caltrans reviewers and accountants) and to policy and decision makers. Our team is skilled and enjoys the opportunity to share and explain, both in detail and at a high level, our work. Ourteam is designed for opportunities like this. A summary of the strength or ourteam is illustrated below: REPORTS AND PRESENTATIONS �t CINDY - Technical Reports, BRAD - Overall Project Goals, ® presentations !' Aspects ��_ mix of Options, History Direct costs, indirect cost, Setting the stage of why, how, when and Caltrans requirements what to the overall project. Technical and JEFF - Development Policy Level Services ;, Audiences BILL - Policy Descriptions and Guidance Experiences from other cities, Approaching and explaining the project methodology options, reports results from a policy makers point of view Agreement Statement GCP concurs with the provisions outlined in the city's Sample Agreement. Government Consulting Partners �j City of Santa Ana PW Proposal 10 111>1_ll FIRM AND TEAM EXPERIENCE overnment Consulting Partners (GCP ) offers a team handpicked to address the challenges of California local government. Our firm consists of four professionals, all top in their fields. We are based in the Sacramento area, but our work has always been dominated by southern California cities and counties. We move seamlessly up and down the state. The city will find that the ease of working together will make it look like our office is next door! Each member of our team could conduct all phases of this project, so it has been difficult to make the traditional assignments or project work by team member. Instead, we would like to slot each team member into focus groups, knowing that we will slide in and out of all phases of the work. Our graphic below shows these focus groups: FUNCTIONAL ORGANIZATIONAL STRUCTURE Project Lead Brad Wilkes Caltrans Submission ® Cindy Sconce / \ User Fees - \Fixed/Variable Jeff Wakefield Hourly Rates ®'> Cindy Sconce C C' Hourly Rates Systems Bill Busath Technical Team Report/ Presentation Lead Brad Wilkes and Bill Busath ®Implementation/ � Monitoring Brad, Jeff and Cindy t/Reimbursement and Jeff Results Team We are pleased to introduce the best-selling point of our "firm" - our people. Government Consulting Partners �j City of Santa Ana PW Proposal 11 1111_ll J Bradley Wilkes 40 years of experience - Focused solely on the full cost analysis of local government. • Founder and President of Government Consulting Partners (GCP) • Senior Manager working with MGT Consulting • Founder and President of Public Resource Management Group (PRIM) • Division President of Maximus • Executive Vice President with David Griffith and Assoc. (DMG) Brad started his career in local government consulting in 1982. He was trained in the preparation of county cost allocation plans and state mandated cost claiming. This set a foundation of understanding the strict requirements of recovering indirect and direct costs from reimbursing federal and state agencies. Later, when city governments began to use the same tools to calculate costs and seek reimbursement via the same agencies and through user fee charges, Brad moved quickly into city consulting as well. During his career, Brad rose to the top levels of corporate management with a number of different national consulting firms - all focused on managing the reimbursement of the full cost of local government services. He has also founded two regional boutique consulting firms, again, focused on local government management of cost and revenue. Jeff Wakefield 30 years of experience - Focused solely on the full cost analysis of local government with a focus on development services. • Senior Member of the Government Consulting Partners • Senior Manager with MGT Consulting • Senior Manager with Wilden Consulting Group • Project Manager with Maximus • Senior consultant with David Griffith and Associates (DMG) • Consultant with Vertex consulting Jeff and Brad have worked together several times over their careers. Jeff is a leading expert in the state as it related to user fee services in the develop areas. He has completed hundreds of building, planning, engineering, traffic, CIP and other development related studies focused on the calculation of the full cost of services and the best ways to recover those costs. Jeff has worked for cities as large as San Diego and Sacramento and as small as Laguna Hills. Bill Busath 30 years of engineering experience with state and local government. • Senior member of Government Consulting Partners • Director of Utilities - City of Sacramento • Registered Civil Engineer - City of Sacramento • Junior engineer with CalTrans Bill brings our team a specific skill no other consulting firm has - 30 years of experience in state and city government. Working his way from a front-line engineer to the highest levels of city government, Bill's experience brings a unique skill set to this project. Government Consulting Partners �j City of Santa Ana PW Proposal 12 1111_ll Cindy Sconce • Senior Member of the Government Consulting Partners • Senior Manager with MGT Consulting • Senior Manager with Nimbus Consulting Group • Principal Consultant with Maximus • Manager with Centration Cindy has recently joined GCP and brings a much -needed skill set to our team. In addition to her vast user fee experience working with cities and counties - both large and small - she brings hands on experience completing hourly billing rate studies, then guiding the calculations through the approval process at Caltrans. Her experience will be vital to the success of this project. To explore a complete list resumes, projects and clients by team member please follow the links below: GCP Experience Approach. Proposed Work Plan he GCP approach is designed to provide the City with a solid foundation of innovative, yet functional user fee practices, processes and fees. Because we don't assume we know it all, this foundation will be built upon methodologies the city has developed over the past number of years married with best practice options that, after consulting with City representatives, clearly fit the needs of Santa Ana. We respect the efforts of the staff, consultants and Council who developed the existing master fee schedule and accompanying fee structures and policies. GCP only recommends changes that accomplish one of several things: • Increase fee equity across the spectrum of applicants. • Increase user -friendliness for customers. • Eliminate a conflict with State or Federal law. • Further policy goals of the City. Government Consulting Partners �j City of Santa Ana PW Proposal 13 1111_ll During interviews, GCP solicits opinions from Santa Ana's staff regarding areas where the master fee schedule could be improved. These ideas often stem from complaints and feedback received at the front counter or over the phone. This is invaluable feedback that could improve customer experience and increase overall equity of the fee schedule. WORKPLAN The following work plan illustrates our step-by-step process and can be adjusted to meet the City's specific needs once the contract is signed and the project starts. Step one: Kickoff Meetings & Data Gathering Meetings: 1) Meet with the City management team and department heads to introduce Initiation study. Confirm City's overall project lead. Confirm communication protocols. • P & Kickoff 2) Obtain budgets, staffing information, adopted fee policies, etc. to begin the project. 3) Initial meetings with individual departments: ■ Explain the fee study process and goals. ■ Review the department's fee schedule and solicit feedback for improvement. ■ Provide copies of regional best practice fee schedules ■ Hear from staff any specific issues or challenges GCP should be aware of regarding their department. 4. Data gathering meetings: Conduct on -site or virtual meetings with each department under study. Strive to obtain 90% of time requirement data from these meetings to minimize staff homework assignments. 1) Identify personnel (within and outside the department) typically involved with each fee service and work with staff to develop reasonable time estimates. 2) Discuss ground rules and assumptions for time estimates. E.g., include driving time? Include required re -checks? 3) Discuss any proposed fee structure changes. These can stem from frequent customer complaints, City staff's observations or best practice knowledge of the consultant. 4) Identify any significant materials costs (e.g. water meters) or contractor costs. 5) Request activity reports indicating how many times each fee was charged in the last fiscal year. 6) Discuss how time estimates for any fee services not covered during the meeting will be obtained. Government Consulting Partners �j City of Santa Ana PW Proposal 14 1111_ll Step two: Execute - Begin Cost Analysis: 1) Input data received from the data gathering meetings into GCP software. a t7 Execute 2) GCP reviews for completeness and issues a request for any missing data. 3) Review overhead rate calculations and fully burdened hourly rate calculations with City representatives. COST ANALYSIS METHODOLOGY GCP employs three methods of analyzing costs for user fee study engagements: per -unit analysis, case -study analysis, and programmatic analysis. The particular method we use depends on available data, City's goals and objectives and other considerations. Each method is designed to calculate estimated reasonable costs in compliance with the California State constitution. Each method incorporates the five elements of eligible cost as described below. Salary and benefit costs of staff directly involved with Direct Labor Costs service provision. Direct contractor costs. Material costs that benefit a particular fee service. Direct Materials Costs Example: public noticing costs for planning entitlements. Administrative staff (managers, clerical, analysts) within a department/division and line -item expenditures not Department/Divison Indirect Costs specific to one fee service. Citywide Overhead Cross Surmort Costs Central support department budgets (HR, Attorney, Finance, etc.) are allocated to direct service departments based on auditable metrics. Instances where two or more departments contribute direct labor for a particular fee service. Best practice is to consolidate these efforts rather than create two separate fees. Example: Attorney review of a specific plan application. Per -unit analysis method -this is our primary method of user fee cost analysis. We interview the city's subject matter experts to determine the average reasonable time required to complete each fee -related service. Time estimates are then applied against fully burdened hourly rates to produce full cost results. Fully burdened hourly rates incorporate all of the cost elements described above. Government Consulting Partners City of Santa Ana PW Proposal 15 1111_ll We can use actual time records in place of time estimates if a city employs a time -tracking system. We first review the data to determine if it is reliable enough for fee calculation purposes. We have found that time -tracked data often includes anomalous results caused by human error. If we can extract these anomalous results, this provides an excellent base for cost calculations. If the data is deemed insufficient in accordance with State guidelines, it still may be useful to spot check staff time estimates on a case -by -case basis, providing a higher comfort level for the city's decision makers. Case -study analysis method -some user fees aren't easily analyzed via the per -unit analysis method described above. For example, Santa Ana currently charges a fee of $1.75 per square foot for Sidewalk Inspections. However, your staff likely don't know how much time it takes to inspect only one square foot of newly constructed or repaired sidewalk. To overcome this, we work with your staff to identify: a) the typical project type/square footage for your city and 2) the reasonable time required to inspect a sidewalk project of this scope and size. Together, we can assess whetherthe current fee of $1.75 is too high ortoo low and the proper adjustment required to achieve full cost recovery. The results can then be extrapolated if decision -makers determine that a tiered structure is preferable due to economies of scale. Programmatic analysis method - some fee services do not lend themselves to either a per -unit or case -study method of analysis. An example includes a daily swim fee within a recreation department. Staff cannot tell us how much time they spend on one swimmer. Another example includes a general plan maintenance fee. Staff cannot quantify how their General Plan and related elements benefits specific proposed developments. Forthe latterfee, we calculate annual long- range program costs by amortizing staff and consultant fees associated with each element. Next we divide these total program costs by the annual fee revenue the surcharge will be applied against to calculate the appropriate surcharge amount. Share cost analysis with department contacts - Provide project status reports. 1) Incorporate new data received and email second draft results with backup calculations to each division/fee-area lead. Significant gaps between service costs and the fee currently charged are highlighted. 2) Review the second draft results with each division/fee-area lead. Incorporate in real- time anytime adjustments received during the meeting. 3) Establish a firm window for any additional time revisions. Government Consulting Partners �j City of Santa Ana PW Proposal 16 1111_ll Step Three: Deliver Draft Cost Analysis Results: 1) GCP prepares a draft report that identifies the full cost of each service analyzed, the fee currently charged, the resulting subsidy and proposed fee adjustments. The report also addresses significant findings, concerns and opportunities that Reran Results come to our attention throughout the course of the study. ��III 2) A market survey comparing fees charged by neighboring jurisdictions is included. 3) The draft report is circulated to management and department staff for comments. 4) A review timeframe is negotiated with the City's project lead. This timeframe or window must be sufficient for proper staff review while staying within the overall project timeline. 5) Comments and corrections are incorporated along with any findings discovered through the course of study. 6) The draft final report is issued. Presentations and fee implementation 1) GCP works with City management to customize a fee implementation strategy that works best for the city. Typically, this involves an outreach meeting to interested members of the community and a presentation to a finance committee. These meetings ensure that the community has a voice in the fee schedule structures and policies. Step Four: Finalize Results: 1) Working with City staff, GCP incorporates all appropriate feedback and finalizes the project results and recommendations. all Results 2) Deliver Excel -based fee model to City staff. Train staff in how to update the Finalized tY p model for future changes such as adding or deleting staff, updating expenditures, and adding or deleting fee categories. Our model also incorporates a simple feature for updating results based on a CPI adjustment factor. 2) Prepare for and schedule City Council and other presentations. Government Consulting Partners f j City of Santa Ana PW Proposal 17 111�1111 Provide the information Council needs proactively - having conducted hundreds of successful user fee studies, GCP consultants know the information Councils typically need to feel comfortable with proposed fee adjustments. Examples include: • Relevant comparison data GCP provides data on real -life projects reflecting the City's overall construction mix, ratherthan randomly selected fees from each department's schedule. • A cohesive subsidization strategy Increasingly, councils expect to see an overall strategy with respect to fees receiving General Fund subsidy. We work with department staff to organize these fees into categories reflective of Council priorities. • Stakeholder feedback Combination Permit, incld PME's 2,200sq ft SFD w 400 detached garage 52,500 $2,000 $1,500 51,000 $500 So Current Proposed City A City B City C City D City E Water Heater Permits Appeals Solar Energy Permits NSF Check fees Youth Sports Life Safety Customer Access Sustainability State set limits Access and Community Benefit GCP develops presentations explaining study goals, methodology and any proposed changes that might affect the development community. The development community appreciates these opportunities to provide feedback prior to study finalization. GCP staff have conducted outreach presentations to local BIA chapters, chambers of commerce and tax advocate watchdog groups. In every case, developers are supportive if they feel they're being treated fairly. We prepare City staff for questions such as "What do we get from this study? Is the City adding more staff? Will we see fasterturn-aroundtimes?" Deliverables, implementation plans and schedules are shown below. Government Consulting Partners �j City of Santa Ana PW Proposal 18 1111_ll DELIVERABLES Currently the city does not i ~ + The methodology to meet Cal -trans requirements I produce targeted for hourly billing to projects_ hours, will resulting in • GCP will develop a hourly rates for each management and technical staff member. methodology for gathering • This methodology will the necessary data to meet be review monthly to Caltrans requirements ensure accurate data at yearend. I. GCP will review and analyze the user fee services charged based on fixed fee and variab fee methods. IMPLEMENTATION PLAN and SCHEDULE • The study will result in calculations, reports and presentations explaining and implementing the results. • All technical reports will be delivered to the city based on excel models -- easily updated and repeatable by city staff. Oe-------1i►• ---------Months2-4— , Months 1-2 = � _ _ _ _ _ e = _ _ _ i As needed for 12 months of solid timesheet data DEVELOP COSTING MEET W CITY METHODOLOGIES FINALIZE PLAN Develop full cost of Finalize plans and services covered by project scope and start the project. plan for maximum recovery. 03. REPORT AND PRESENT RESULTS Monitor then develop Oreports and present results. 04. IMPLEMENT AND MONITOR OImplement and monitor results Government Consulting Partners �Ij City of Santa Ana PW Proposal 19 111�1_ll COST PROPOSAL Our goal is to be the best qualified and lowest cost proposal. The proposal is as follows: Fixed Bid: $109,000 Proposed Hours: 558 Proposed Hourly Rate: $195.00 Our hourly rate reflects our "no overhead" firm. Every member of our firm works directly on projects. Team member hourly rates are not burdened with unproductive overhead. We strongly believe this is a key point to our success. The fixed fee includes all travel and related expenses. Government Consulting Partners f j, , City of Santa Ana PW Proposal 20 1111^1111 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Government Consulting Partners, Inc. LEGAL NAME OF COMPANY 5016 Brower Court, Granite Bay, CA 95746 BUSINESS ADDRESS J Bradley Wilkes President PRINTED NAME OF AUTHORIZED AGENT 54'-� April 10, 2024 SIGNATURE OF AUTHORIZED AGENT DATE FEDERAL ID NUMBER (IF APPLICABLE) 99-1737026 916-990-1256 PHONE AND FAX NUMBERS TITLE bradwilkesgcp@gmail.com E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 25 of 31 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: City of Inglewood, CA Contact Individual: Sharon Koike, Finance Director Address: City of Inglewood, 1 Manchester Road, Inglewood CA 90301 Phone Number: 310 412-8724 EMAIL: skoike@cityofinglewood.org Contract Amount: $220,000 Year: 2024 Description of supplies, equipment, or services provided: user fee calculation, billing rates, cost allocation, full cost studies, calculations submitted to state and federal agencies for reimbursement. REFERENCE Customer Name: City of Brentwood Contact Individual: Tim Nielsen, Finance Director Address: City of Brentwood, 150 City Park Way, Brentwood CA 94513 Phone Number:925-516-5400 EMAIL: tnielsen@brenwoodca.gov Contract Amount: $25,000 Year: 2024 Description of supplies, equipment, or services provided: User fee calculations for development related departments REFERENCE Customer Name: City of Santa Rosa Address: 100 Santa Rosa Ave, Santa Rosa CA 95404 EMAIL: swag ner(a)srcity.org Contact Individual: Scott Wagner, Finance Phone Number: 707-543-4670 Description of supplies, equipment or services: Citywide and Departmental Cost allocation plans and ISF full cost billing methodologies. Contract Amount: $34,000 Year: 2023/2024 THIS FORM MUST BE C O M P L E TGE& �r � (t IAI%y Pf. D WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-051 Page 26 of 31 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Government Consulting Partners, Inc. Signed and Printed Name: J Brazley Waked - J Bradley Wilkes Title: President Date: April 10t", 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 27 of 31 CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. _J ��L Signed: J Br(d eyt State of C,' , County of '-0-kce7/- Subscribed and sworn to (or affirmed) before me on this a day of &6 1 , 20 ay , by 1 Stud 6 1/; 1k`J proved to me on the basis of satisfactory evidence to be the person(s) who appea ed before me. Y DONAL,D D. FISHER 1 U ' ,°"`. COMM. # 2436392 NOTARY PUBLIC • CALIFORNIA ota Public Signature ��'01�4N14I�E TO ou�NT0Y `�� fF0 29, ZU27 j 5•VY THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 28 of 31 CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, 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 contract, 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered 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 included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: J 3v'az � Wak.ek Title: President Firm: Government Consulting Partners, Inc. Date: April 10th 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 29 of 31 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees 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 employment without regard to race, color, religion, sex, or national origin. 3. The 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. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 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. In the event of the Consultant's non-compliance 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 declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. 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 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 City of Santa Ana RFP 24-051 Page 30 of 31 (2) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant 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 sex 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. Signed: J 3rad ley W a ek Title: President Firm: Government Consulting Partners, Inc. Date: April 10t" 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 31 of 31 EXHIBIT 3 CONSULTANT AGREEMENT BEWTEEN GOVERNMENT CONSULTING PARTNERS, INC. AND THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 41h day of June, 2024, by and between Government Consulting Partners, Inc., a California corporation ("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 April 3, 2024, the City issued Request for Proposal ("RFP") No. 24-051 seeking to retain a consultant having special skill and knowledge in the field of developing cost recovery methodologies and work plans to accurately calculate full costs of service in an effort to capture lost revenue on behalf 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 such services described in the Scope of Work that was included in RFP No. 24-051. C. In undertaking the performance of this Agreement, 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 consulting 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 during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the Scope of Work - Exhibit A, attached hereto and incorporated by reference, and as further described in Consultant's Proposal - Exhibit B, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $360,000.00, including all extension periods, and is allocated as follows: 1) a base rate of $327,000.00; and 2) a contingency in the amount of $33,000.00 for additional and as -needed services, to be exercised at 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. City and Consultant agree that all payments due and owing under this Agreement shall be made Page 1 of 9 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2024 and terminate on June 30, 2025, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. 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 medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the Page 2 of 9 entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to Page 3 of 9 City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staffs Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 further 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 Page 4 of 9 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. 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. 10. 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 further 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. Page 5 of 9 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 terms 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 is not embodied herein. 14. 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 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 Contractors retained by City. 15. 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 services 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(s) completed as of such date, and in such case Page 6 of 9 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. 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. 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. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term 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 shall be cause for termination of this Agreement. 19. 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 mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 7 of 9 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: J. Bradley Wilkes President Government Consulting Partners 5016 Brower Court Granite Bay, California 95746 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. If 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. [signatures on following page] Page 8 of 9 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BEWTEEN GOVERNMENT CONSULTING PARTNERS, INC. AND THE CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: nathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT J. J. Bradley Wilkes President Page 9 of 9 EXHIBIT A SCOPE OF WORK (a CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. I. Data Collection, Review of Current Fees, Rate Structures, and Cost Analysis a. Participate in a kick-off meeting between consultant and City staff to review objectives of study, agree to methodology, exchange information, timing and schedule for all tasks, and to determine information to be provided by Agency staff. b. Review applicable City documents including but not limited to General Plan, Master Plans, Capital Improvement Program (CIP), current fees, municipal code, and other relevant City documents. c. Evaluate the City's existing services to gain an understanding of the City's operations. d. Meet with staff and conduct interviews as needed to gain an understanding of the City's functions and operations. e. Research cost restrictions by funding agencies, such as Caltrans. f. Review methodology of various user fees levied by the city. g. Research methodologies on existing indirect and administrative costs the City charges internally. II. Billing Hours a. Develop billable hour targets for Public Works Agency staff members in CIP Engineering, Construction and Traffic based on direct and indirect cost calculations. b. Identify all indirect costs associated with staff activities. c. Calculate full cost (direct and indirect) hourly rates for Engineering staff, based on differing program allowances and restrictions. d. Ensure costs are appropriate and applicable to funding agency guidelines, including Caltrans. e. Develop a training and management program to ensure staff are aware of targets and how to correctly and accurately manage timesheets. f. Monitor timesheets on a monthly bases to ensure target hours are being met. III. User Fees a. Determine full costs of both fixed and variable user fees in Public Works. b. Identify alternative methods (if any) of charging fees to ensure efficient and reasonable rates. IV. Findings, Recommendations, Final Reporting and Presentations City of Santa Ana RFP 24-051 Page 16 of 31 ate?)CITY OF SANTA ANA a. Prepare draft and final reports to submit to the City containing background information, methodology, findings, and recommendations. b. Meet with Public Works Agency and Finance Department staff to discuss findings and issues. c. Identify and create backup documentation for indirect charges. d. Prepare a comparison between the fees charged by City -selected jurisdictions and the City's proposed fees. Gather the required information to compare total fees that would typically be charged for specific types of projects. e. Develop draft Fee Study: Consultant shall prepare a Draft Fee Study and participate in various presentations to select City staff or other interested parties as deemed necessary by staff. Consultant shall collect and document comments and concerns from staff and incorporate those comments as directed. f. Prepare and deliver a presentation, to the Santa Ana Environmental and Transportation Advisory Commission and the Santa Ana City Council to facilitate understanding of the proposed fees; provide necessary adjustments, if requested. g. Prepare and manage the public comment procedure as required by the Mitigation Fee Act. h. Recommend adjustments to the Municipal Code if necessary. i. If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant's proposal. The City reserves the right to modify the scope of services before the contract is awarded depending on cost and the City's confidence in the selected vendor. City of Santa Ana RFP 24-051 Page 17 of 31 EXHIBIT B CONSULTANT'S PROPOSAL PROPOSAL FOR Public Works Agency Cost Recovery Analysis No. 24-051 THE t30lDECf FOUNDED 1869 Offered by: Government Consulting Partners, Inc. (GCP) April 23, 2024 City of Santa Ana, California April 23, 2024 Attn: Rudy Rosas Deputy Public Works Director/City Engineer 20 Civic Center Plaza Santa Ana, CA 92701 Dear Proposal Committee: Government Consulting Partners, Inc. (GCP) is pleased to submit this proposal for a public works agency cost recovery analysis. Every aspect of our proposal revolves around our team. Our team is uniquely suited for this project. It was built for this project. No other team will be like it. "Our team" not only includes the four individuals below, but it also includes the city team who will participate in this effort. Without the dedicated city staff who are enthusiastically jumping in on this project, the effort would fail. We recognize this. Project Team: Our team includes: J Bradley Wilkes 40 years of experience - Focused solely on the full cost analysis of local government. Jeff Wakefield 30 years of experience - Focused solely on the full cost analysis of local government with an emphasis on development services. Cindy Sconce 23 years of experience - Focused solely on the full cost analysis of local government with an emphasis on meeting state and federal requirements to recover those costs. Bill Busath 30 years of engineering experience - with state and local government. If our team is selected to partner with city staff on this important project, we look forward to putting our best effort into producing an outstanding study result. Sincerely, ,T Bradley Wilk J Bradley Wilkes President 5016 Brower Ct Granite Bay, CA 95746 Government Consulting Partners �j City of Santa Ana PW Proposal 2 111>1_ll TABLE OF CONTENTS SECTION PAGE Cover Letter 2 Executive Summary 4 I. Services Provided 6 2. Agreement Statement 10 3. Firm and Team Experience 11 4. Proposed Work Plan 13 5. Cost Proposal 20 ATTACHMENTS: A Certificate and Proposal Pricing B References C Proposer's Statement D Non -Collusion Affidavit E Non -Lobbying Certification F Non -Discrimination Certification Government Consulting Partners �j City of Santa Ana PW Proposal 3 1111_ll Executive Summary cost recovery study has been a staple for California cities for the past 40 years, and typically, it is at this point in the proposal, we talk about the "art" and the "science" of the study. Because these studies operate in the world of allocation and indirect costs - which by definition are built on estimations - they do not reach a "CPA" level of accounting accuracy. They are more art than science. While this is true, too often consultants use this as an excuse to lower expectation for the study as a whole. In this proposal, GCP is throwing out this disclaimer. We are aiming for perfection, and we are confident we can get it. There are two key reasons for this confidence: First, the strength of our project team and second, our strategy to jump any hurdles and hit the project targets. The targets are very clear and the hurdles to hit those targets are not a mystery. MW ' Project Team: The targets we need to hit for success, and the potential hurdles in front of us blocking those targets, can all be Vz conquered through teamwork. Our project team includes: lop Brad Wilkes. Brad has been working exclusively with local governments for the past 40 years. He has built a number of successful consulting firms and has worked his way up from a front- line consultant to the highest levels of management for a number of national firms. Specific to this proposal, he has also participated in at least a dozen cost recovery projects for development -related services for the city of Santa Ana. Jeff Wakefield. Jeff is one of the state's most qualified cost analysts. His 30-year career has been focused on development -related services in city and county government. His comfort zone is in the world of building, planning, traffic, engineering, and all things development. During his career, Jeff has also completed several cost recovery studies for the city of Santa Ana. Cindy Sconce. Cindy's 23-year career has also been focused on cost analysis of local government. While she and Jeff have somewhat parallel interests in the development functions of city government, she is one of only a few consultants in the state that pairs this experience with the second important step of a project like this - the actual experience in navigating the confusing and complex web of state and federal requirements that must be met to obtain reimbursement of many of those costs. Bill Busath. Bill's key role as a team member is a linchpin for the success of our effort. He will view this effort through the lens of a city staff member. Too often, as consultants to government, we make assumptions and plans based on our experience - just assuming these Government Consulting Partners �i City of Santa Ana PW Proposal 4 1111_ll plans and assumptions fit the city we are working with. This fundamental error can be a nagging, sometimes unseen, fatal error. Bill's assignment in this study is to navigate and guide our team through this hurdle. Bill ended his career in local government as the Director of Utilities in the city of Sacramento. He worked his way up from being a front-line Caltrans engineer and junior staff member in Sacramento, to working in the highest levels of city government. He brings an extensive resume to our team. City Staff Members: It would be a huge oversight to minimize the effort and contribution of city staff in this effort. Without their knowledge, determination and enthusiasm, this project will fail. We look forward to working hand in hand with city staff, managers, and directors. of Fixed Fee oz Variable .,R Project Targets: While the targets for success and the hurdles in front of those targets are many, they can be summarized in five key areas: Development related services in Santa Ana account for HourlyRate almost $12 million of cost. This is our main target. The calculation and recovery of those costs. These services ®Reimbursement employ a number of costing and charging permit fee charging mechanisms. These fees are designed to address the unique nature of each permit. Many services lend themselves to a fixed fee. These services are more often routine in nature, each similar to the next, and the effort by staff members can be estimated fairly accurately. These services are then charged using a fixed fee based on an assumed number of hours. Fees charged on a variable basis - valuation, and square footage - represent several challenges not found when analyzing services charged by fixed fees. The complexity of valuation tables and the estimation of project size represent unique challenges - both positive and negative. The experience of our project team makes sense of this complexity and brings order to what can be a confusing process. A third, very key target in Santa Ana public works, are services that are charged using hourly rates. When done correctly, this is the most accurate method of charging for services. But it is complex - because there are a hundred moving parts - and therefore, a daunting challenge for local governments to harness accurately. Because this is a methodology that many state and federal government reimbursing agencies require, it represents the biggest challenge for local governments to meet. Many give up and forfeit any chance of recovery for these related services. Our project team understands the mechanics of doing these studies - fees based on fixed and variable fees, and the calculation of hourly rates. Notably, what sets our team apart is our experience in obtaining reimbursement of costs through each of these charging mechanisms. It is not our goal, or the city's goal, to employ a consultant year after year to manage this effort. One important aspect of our work is to set a foundation of systems that define repeatable steps that city staff can follow to obtain long term reimbursement of city costs. Government Consulting Partners �j City of Santa Ana PW Proposal 5 1111_ll -These are our targets, and the hurdles we need to jump to hit these targets are clear. Our team is confident and ready to go. The remaining sections of our proposal will examine in detail options, ideas, processes, and experiences we have developed over our careers. We are looking forward to combining these experiences with the ideas and experiences of city staff and managers as we explore the best practices found across the country. Services Provided overnment Consulting Partners (GCP ) is a firm focused on the analysis of the full cost of governmental services. This includes the development of federal 2CFR 200 and full cost allocation plans, indirect cost rates, the full cost of providing user fee and SB 90 claiming services and other related cost and revenue enhancement consulting services. The city's RFP requested the following services: Data collection, review of current fees, structure, and cost analysis. Our GCP team has years of experience working in the city. We wantto capitalize on this experience, while also, listening to staff and understanding their goals and objective forthe project. This experience gives us a head start in every aspect of what is outlined in the RFPs scope of services. However, as we think FAII . about the first few weeks of this study, we Co know we will quickly realize we don't know everything. We will approach the kickoff ¢' u N "? C J V 2 Y ,' meeting and the interactions of our team "";''"' `£"� '� _ with city staff with this in mind. Using this � r- — re ra hic as an example, we want to listen { p¢Qpucv first, act second. While our GCP team �6YO:�o W certainly has preconceived ideas and plans, we will not discount the input and direction from the city team who have years of � t actual real -life experiences with the services the study is focused upon. We will take notes, share ideas, then put all the ideas together and finalize a plan of attack. In parallel with these beginning meetings, in the background, our team members will hit the ground running and waste no time learning or asking about what basic data is needed and how to get it. We understand exactly Government Consulting Partners f j , City of Santa Ana PW Proposal 6 1111^1111 what data is needed and we can quickly match what is needed with how to find it. Brad and Jeff first began working with Santa Ana in the late 1990s and Brad has been involved with city projects on an annual basis since 2015. We understand the city organizational structure, we feel comfortable communicating with the city's finance and administrative departments, and we know the pluses and minuses of city reports - such as those produced by the Lawson system and the centralized accounting systems. We know the citywide account structure and the budget unit codes of funds, departments, divisions, etc. We feel at home reading technical data and can quickly communicate with city staff using the same "language" as we gatherthe documents and reports that will be the foundation of our calculations. Since this RFP has gone out, our team has spent hours online reviewing fee structures and noting areas of strength and areas that may be open for improvement. We will not only provide a cost analysis, but we will listen to staff about what is working well and what is not in terms of structure, management, process, etc. We look forward to talking about streamlining fee schedules, discussing pros and cons of valuation -based structures, square footage -based fee structures, and the convenience of fixed fee charges and balancing the accuracy vs. the administrative work required for accurate hourly rate charged fees. The second step of this study is after the costs have been reviewed and calculated - how does the city recover these costs? Cost recovery can be made in a number of ways, including user fee charges, grant funding, state and federal reimbursement (SB 90, Caltrans, etc.) GCP team members have experience guiding city governments through each potential aspect of cost reimbursement. This effort of cost calculation and the corresponding reimbursement of those costs is multidimensional. Each avenue of potential reimbursement has its own requirements. How are indirect costs calculated and are these calculations supported by substantial backup, do they follow the unique guidelines of each reimbursement option? Our project team has prepared hundreds of citywide cost allocation plans (both full cost and federal/state (2 CFR Part 200) cost plans), departmental cost plans and our team has submitted and navigated more calculations to approving authorities than has any other team of four members in the state. This gives us confidence that this section of the study will be successful. Billing Hours. The operations and services that public works is responsible for span across fund and department lines. Each operation and service has a profile. This profile - what is done, who is the customer, who does the work, how long does it take, etc. - will drive how the cost is calculated and how it is then charged and reimbursed. This profile also drives the requirements that shape how costs are calculated. For many user fee services the state code provides direction, for example, it is generally accepted by California agencies that user fee charges cannot recover more than reasonable estimates of the cost to provide the service. This generally applies to most of the services we will review in the city. This RFP is different than most city user fee RFPs. The services included in this study have profiles that dramatically vary. Understanding each service and how it will be charged and recovered is key to success. This section of the RFP - hourly rates - points directly to the reimbursement of Caltrans funded projects. Understanding how to calculate and then get reimbursement of those project costs requires an in-depth understanding of Caltrans rules and requirements. A major part of those requirements is the correct development and use of hourly rates. Hourly rates calculated forthe estimation of fixed fee -based userfees in the general fund - can be exactly that - estimates. For Caltrans reimbursements, they cannot. The foundation of solid Government Consulting Partners �j City of Santa Ana PW Proposal 7 1111_ll hourly rate calculations comes directly from time sheets and time keeping systems. These systems are more than the transactional effort of entering hours per project into time sheets. To have a defendable hour rate study, the following steps need to be built: Starting with the end in mind - for a department in the city to recover maximum costs for services they provide - a process must be developed to track and then charge for each step that was taken to provide that service. This process, for many services provided by the city, is directly tied to how many hours each service is required. There are specific rules and requirements that dictate how these hours are tracked and then charged. Through analysis and interviews, we will determine the number of annual billable hours each staff position can reasonably do. This will be dependent on the type of work each person is responsible for. Administrative, clerical, supervision related positions will have fewer billable hours than a front- line engineer or inspector. Each position will be reviewed, and a "target" number of billable hours will be developed. Once those targets are established, that process must Billing Hours Annual Target Develop an individual annual target Analyze Monthly Does each month's actual data support the forecast? Solid data = Equals solid Results Consistent monthly review will ensure success merge with the EW systems used by the city to input and then track Time Keeping System Adjust Recover Costs those hours. Ensure all systems will support No forecast is perfect - be 12 Months of work will result in Each month, the the end goals flexible maximum cost recovery system will report back how the targets are begin met and adjustments can be made to fine tune those targets. At the end of 12 months, reliable data that meets Caltrans requirement will become the basis for the full cost recovery of Caltrans funded projects. This is a key step - one that will drive the entire success of cost recovery for a major section of the city's cost recovery goals. We are confident that we have technical skill to make these calculations and that we have the management skills to develop processes that define repeatable steps that city staff can follow to obtain long term reimbursement of city costs and coach and guide city staff through any challenges that may arise. III. User Fees. A dominant part of the study will be the review of the "traditional" development related user fee service provided by most California cities. The cost of these services are recovered by permit fees that may be fixed in nature - based on an average estimate of time and the full cost of that time - or recovered by a variable measure - based on size, either valuation or square footage. We are Government Consulting Partners �j City of Santa Ana PW Proposal 8 1111_ll looking forward to listening to city staff and learning from them what is working and what could be improved. We can bring examples from the hundreds of cities we have worked with and can help guide this discussion to something more than just a rudimentary calculation of cost. The graphic below illustrates some of the innovative concepts our staff has developed: BEST PRACTICES - PERMITTING AND FEE CHARGING METHODOLOGIES DEVELOPED BY GCP TEAM MEMBERS ,= Keep Valuation ■ Select representative sample of projects. ■ Track actual tirne or estimate time for each project. Apply Ff HR, * Adjust valuation fee schedule based or, results. ■ Update building valuation data (EVa), a ROSEVILLE It's time to modernize! Modernize * Technology surcharge& GPMF * Combo permits • Reas-onable permit fees. Small cell site fees. * Rooftop solar permits_ • Creditcardfees. Phased in Dev Surcharge SA4NTA BARBARA Square Footage • Calculate base fee + per additional sq ft fee for each XC occupancy category. Miscellaneous permits charged via flat fees. • Projects out of norm charged deposit + actual cost. ►4NAHEIM Combo Permits Group constfuction mix by use. SFID, Multfrarn, Office/Retail. • Charged per sq ft. Fee mc ludes Smictura I and PME inspections plus 3 plan checks. TAMARAC RL Icuiate cost per sq ft to inspect and plan check occupancy categories. one fee consolidates the structural permit fee, Pl"e fees and plan check fee. • Ti's arecharged based on project Valuation. FORT COLLINS CO.; j _II'll :o services m:1 unpredic able .erne reo3irernents. • Large eriou�h deposi.s =o avoid sop work orders. • Acop: bes= praC_ice depose= policies �51#f4 f}IFCf7 Government Consulting Partners �ll City of Santa Ana PW Proposal 9 111�1_ll IV. Findings. GCP is committed to accomplishing all the reporting and presentations listed as, a - i, in this section of the RFP. Our reports will be pointed toward both a technical audience (Caltrans reviewers and accountants) and to policy and decision makers. Our team is skilled and enjoys the opportunity to share and explain, both in detail and at a high level, our work. Ourteam is designed for opportunities like this. A summary of the strength or ourteam is illustrated below: REPORTS AND PRESENTATIONS �t CINDY - Technical Reports, BRAD - Overall Project Goals, ® presentations !' Aspects ��_ mix of Options, History Direct costs, indirect cost, Setting the stage of why, how, when and Caltrans requirements what to the overall project. Technical and JEFF - Development Policy Level Services ;, Audiences BILL - Policy Descriptions and Guidance Experiences from other cities, Approaching and explaining the project methodology options, reports results from a policy makers point of view Agreement Statement GCP concurs with the provisions outlined in the city's Sample Agreement. Government Consulting Partners �j City of Santa Ana PW Proposal 10 111>1_ll FIRM AND TEAM EXPERIENCE overnment Consulting Partners (GCP ) offers a team handpicked to address the challenges of California local government. Our firm consists of four professionals, all top in their fields. We are based in the Sacramento area, but our work has always been dominated by southern California cities and counties. We move seamlessly up and down the state. The city will find that the ease of working together will make it look like our office is next door! Each member of our team could conduct all phases of this project, so it has been difficult to make the traditional assignments or project work by team member. Instead, we would like to slot each team member into focus groups, knowing that we will slide in and out of all phases of the work. Our graphic below shows these focus groups: FUNCTIONAL ORGANIZATIONAL STRUCTURE Project Lead Brad Wilkes Caltrans Submission ® Cindy Sconce / \ User Fees - \Fixed/Variable Jeff Wakefield Hourly Rates ®'> Cindy Sconce C C' Hourly Rates Systems Bill Busath Technical Team Report/ Presentation Lead Brad Wilkes and Bill Busath ®Implementation/ � Monitoring Brad, Jeff and Cindy t/Reimbursement and Jeff Results Team We are pleased to introduce the best-selling point of our "firm" - our people. Government Consulting Partners �j City of Santa Ana PW Proposal 11 1111_ll J Bradley Wilkes 40 years of experience - Focused solely on the full cost analysis of local government. • Founder and President of Government Consulting Partners (GCP) • Senior Manager working with MGT Consulting • Founder and President of Public Resource Management Group (PRIM) • Division President of Maximus • Executive Vice President with David Griffith and Assoc. (DMG) Brad started his career in local government consulting in 1982. He was trained in the preparation of county cost allocation plans and state mandated cost claiming. This set a foundation of understanding the strict requirements of recovering indirect and direct costs from reimbursing federal and state agencies. Later, when city governments began to use the same tools to calculate costs and seek reimbursement via the same agencies and through user fee charges, Brad moved quickly into city consulting as well. During his career, Brad rose to the top levels of corporate management with a number of different national consulting firms - all focused on managing the reimbursement of the full cost of local government services. He has also founded two regional boutique consulting firms, again, focused on local government management of cost and revenue. Jeff Wakefield 30 years of experience - Focused solely on the full cost analysis of local government with a focus on development services. • Senior Member of the Government Consulting Partners • Senior Manager with MGT Consulting • Senior Manager with Wilden Consulting Group • Project Manager with Maximus • Senior consultant with David Griffith and Associates (DMG) • Consultant with Vertex consulting Jeff and Brad have worked together several times over their careers. Jeff is a leading expert in the state as it related to user fee services in the develop areas. He has completed hundreds of building, planning, engineering, traffic, CIP and other development related studies focused on the calculation of the full cost of services and the best ways to recover those costs. Jeff has worked for cities as large as San Diego and Sacramento and as small as Laguna Hills. Bill Busath 30 years of engineering experience with state and local government. • Senior member of Government Consulting Partners • Director of Utilities - City of Sacramento • Registered Civil Engineer - City of Sacramento • Junior engineer with CalTrans Bill brings our team a specific skill no other consulting firm has - 30 years of experience in state and city government. Working his way from a front-line engineer to the highest levels of city government, Bill's experience brings a unique skill set to this project. Government Consulting Partners �j City of Santa Ana PW Proposal 12 1111_ll Cindy Sconce • Senior Member of the Government Consulting Partners • Senior Manager with MGT Consulting • Senior Manager with Nimbus Consulting Group • Principal Consultant with Maximus • Manager with Centration Cindy has recently joined GCP and brings a much -needed skill set to our team. In addition to her vast user fee experience working with cities and counties - both large and small - she brings hands on experience completing hourly billing rate studies, then guiding the calculations through the approval process at Caltrans. Her experience will be vital to the success of this project. To explore a complete list resumes, projects and clients by team member please follow the links below: GCP Experience Approach. Proposed Work Plan he GCP approach is designed to provide the City with a solid foundation of innovative, yet functional user fee practices, processes and fees. Because we don't assume we know it all, this foundation will be built upon methodologies the city has developed over the past number of years married with best practice options that, after consulting with City representatives, clearly fit the needs of Santa Ana. We respect the efforts of the staff, consultants and Council who developed the existing master fee schedule and accompanying fee structures and policies. GCP only recommends changes that accomplish one of several things: • Increase fee equity across the spectrum of applicants. • Increase user -friendliness for customers. • Eliminate a conflict with State or Federal law. • Further policy goals of the City. Government Consulting Partners �j City of Santa Ana PW Proposal 13 1111_ll During interviews, GCP solicits opinions from Santa Ana's staff regarding areas where the master fee schedule could be improved. These ideas often stem from complaints and feedback received at the front counter or over the phone. This is invaluable feedback that could improve customer experience and increase overall equity of the fee schedule. WORKPLAN The following work plan illustrates our step-by-step process and can be adjusted to meet the City's specific needs once the contract is signed and the project starts. Step one: Kickoff Meetings & Data Gathering Meetings: 1) Meet with the City management team and department heads to introduce Initiation study. Confirm City's overall project lead. Confirm communication protocols. • P & Kickoff 2) Obtain budgets, staffing information, adopted fee policies, etc. to begin the project. 3) Initial meetings with individual departments: ■ Explain the fee study process and goals. ■ Review the department's fee schedule and solicit feedback for improvement. ■ Provide copies of regional best practice fee schedules ■ Hear from staff any specific issues or challenges GCP should be aware of regarding their department. 4. Data gathering meetings: Conduct on -site or virtual meetings with each department under study. Strive to obtain 90% of time requirement data from these meetings to minimize staff homework assignments. 1) Identify personnel (within and outside the department) typically involved with each fee service and work with staff to develop reasonable time estimates. 2) Discuss ground rules and assumptions for time estimates. E.g., include driving time? Include required re -checks? 3) Discuss any proposed fee structure changes. These can stem from frequent customer complaints, City staff's observations or best practice knowledge of the consultant. 4) Identify any significant materials costs (e.g. water meters) or contractor costs. 5) Request activity reports indicating how many times each fee was charged in the last fiscal year. 6) Discuss how time estimates for any fee services not covered during the meeting will be obtained. Government Consulting Partners �j City of Santa Ana PW Proposal 14 1111_ll Step two: Execute - Begin Cost Analysis: 1) Input data received from the data gathering meetings into GCP software. a t7 Execute 2) GCP reviews for completeness and issues a request for any missing data. 3) Review overhead rate calculations and fully burdened hourly rate calculations with City representatives. COST ANALYSIS METHODOLOGY GCP employs three methods of analyzing costs for user fee study engagements: per -unit analysis, case -study analysis, and programmatic analysis. The particular method we use depends on available data, City's goals and objectives and other considerations. Each method is designed to calculate estimated reasonable costs in compliance with the California State constitution. Each method incorporates the five elements of eligible cost as described below. Salary and benefit costs of staff directly involved with Direct Labor Costs service provision. Direct contractor costs. Material costs that benefit a particular fee service. Direct Materials Costs Example: public noticing costs for planning entitlements. Administrative staff (managers, clerical, analysts) within a department/division and line -item expenditures not Department/Divison Indirect Costs specific to one fee service. Citywide Overhead Cross Surmort Costs Central support department budgets (HR, Attorney, Finance, etc.) are allocated to direct service departments based on auditable metrics. Instances where two or more departments contribute direct labor for a particular fee service. Best practice is to consolidate these efforts rather than create two separate fees. Example: Attorney review of a specific plan application. Per -unit analysis method -this is our primary method of user fee cost analysis. We interview the city's subject matter experts to determine the average reasonable time required to complete each fee -related service. Time estimates are then applied against fully burdened hourly rates to produce full cost results. Fully burdened hourly rates incorporate all of the cost elements described above. Government Consulting Partners City of Santa Ana PW Proposal 15 1111_ll We can use actual time records in place of time estimates if a city employs a time -tracking system. We first review the data to determine if it is reliable enough for fee calculation purposes. We have found that time -tracked data often includes anomalous results caused by human error. If we can extract these anomalous results, this provides an excellent base for cost calculations. If the data is deemed insufficient in accordance with State guidelines, it still may be useful to spot check staff time estimates on a case -by -case basis, providing a higher comfort level for the city's decision makers. Case -study analysis method -some user fees aren't easily analyzed via the per -unit analysis method described above. For example, Santa Ana currently charges a fee of $1.75 per square foot for Sidewalk Inspections. However, your staff likely don't know how much time it takes to inspect only one square foot of newly constructed or repaired sidewalk. To overcome this, we work with your staff to identify: a) the typical project type/square footage for your city and 2) the reasonable time required to inspect a sidewalk project of this scope and size. Together, we can assess whetherthe current fee of $1.75 is too high ortoo low and the proper adjustment required to achieve full cost recovery. The results can then be extrapolated if decision -makers determine that a tiered structure is preferable due to economies of scale. Programmatic analysis method - some fee services do not lend themselves to either a per -unit or case -study method of analysis. An example includes a daily swim fee within a recreation department. Staff cannot tell us how much time they spend on one swimmer. Another example includes a general plan maintenance fee. Staff cannot quantify how their General Plan and related elements benefits specific proposed developments. Forthe latterfee, we calculate annual long- range program costs by amortizing staff and consultant fees associated with each element. Next we divide these total program costs by the annual fee revenue the surcharge will be applied against to calculate the appropriate surcharge amount. Share cost analysis with department contacts - Provide project status reports. 1) Incorporate new data received and email second draft results with backup calculations to each division/fee-area lead. Significant gaps between service costs and the fee currently charged are highlighted. 2) Review the second draft results with each division/fee-area lead. Incorporate in real- time anytime adjustments received during the meeting. 3) Establish a firm window for any additional time revisions. Government Consulting Partners �j City of Santa Ana PW Proposal 16 1111_ll Step Three: Deliver Draft Cost Analysis Results: 1) GCP prepares a draft report that identifies the full cost of each service analyzed, the fee currently charged, the resulting subsidy and proposed fee adjustments. The report also addresses significant findings, concerns and opportunities that Reran Results come to our attention throughout the course of the study. ��III 2) A market survey comparing fees charged by neighboring jurisdictions is included. 3) The draft report is circulated to management and department staff for comments. 4) A review timeframe is negotiated with the City's project lead. This timeframe or window must be sufficient for proper staff review while staying within the overall project timeline. 5) Comments and corrections are incorporated along with any findings discovered through the course of study. 6) The draft final report is issued. Presentations and fee implementation 1) GCP works with City management to customize a fee implementation strategy that works best for the city. Typically, this involves an outreach meeting to interested members of the community and a presentation to a finance committee. These meetings ensure that the community has a voice in the fee schedule structures and policies. Step Four: Finalize Results: 1) Working with City staff, GCP incorporates all appropriate feedback and finalizes the project results and recommendations. all Results 2) Deliver Excel -based fee model to City staff. Train staff in how to update the Finalized tY p model for future changes such as adding or deleting staff, updating expenditures, and adding or deleting fee categories. Our model also incorporates a simple feature for updating results based on a CPI adjustment factor. 2) Prepare for and schedule City Council and other presentations. Government Consulting Partners f j City of Santa Ana PW Proposal 17 111�1111 Provide the information Council needs proactively - having conducted hundreds of successful user fee studies, GCP consultants know the information Councils typically need to feel comfortable with proposed fee adjustments. Examples include: • Relevant comparison data GCP provides data on real -life projects reflecting the City's overall construction mix, ratherthan randomly selected fees from each department's schedule. • A cohesive subsidization strategy Increasingly, councils expect to see an overall strategy with respect to fees receiving General Fund subsidy. We work with department staff to organize these fees into categories reflective of Council priorities. • Stakeholder feedback Combination Permit, incld PME's 2,200sq ft SFD w 400 detached garage 52,500 $2,000 $1,500 51,000 $500 So Current Proposed City A City B City C City D City E Water Heater Permits Appeals Solar Energy Permits NSF Check fees Youth Sports Life Safety Customer Access Sustainability State set limits Access and Community Benefit GCP develops presentations explaining study goals, methodology and any proposed changes that might affect the development community. The development community appreciates these opportunities to provide feedback prior to study finalization. GCP staff have conducted outreach presentations to local BIA chapters, chambers of commerce and tax advocate watchdog groups. In every case, developers are supportive if they feel they're being treated fairly. We prepare City staff for questions such as "What do we get from this study? Is the City adding more staff? Will we see fasterturn-aroundtimes?" Deliverables, implementation plans and schedules are shown below. Government Consulting Partners �j City of Santa Ana PW Proposal 18 1111_ll DELIVERABLES Currently the city does not i ~ + The methodology to meet Cal -trans requirements I produce targeted for hourly billing to projects_ hours, will resulting in • GCP will develop a hourly rates for each management and technical staff member. methodology for gathering • This methodology will the necessary data to meet be review monthly to Caltrans requirements ensure accurate data at yearend. I. GCP will review and analyze the user fee services charged based on fixed fee and variab fee methods. IMPLEMENTATION PLAN and SCHEDULE • The study will result in calculations, reports and presentations explaining and implementing the results. • All technical reports will be delivered to the city based on excel models -- easily updated and repeatable by city staff. Oe-------1i►• ---------Months2-4— , Months 1-2 = � _ _ _ _ _ e = _ _ _ i As needed for 12 months of solid timesheet data DEVELOP COSTING MEET W CITY METHODOLOGIES FINALIZE PLAN Develop full cost of Finalize plans and services covered by project scope and start the project. plan for maximum recovery. 03. REPORT AND PRESENT RESULTS Monitor then develop Oreports and present results. 04. IMPLEMENT AND MONITOR OImplement and monitor results Government Consulting Partners �Ij City of Santa Ana PW Proposal 19 111�1_ll COST PROPOSAL Our goal is to be the best qualified and lowest cost proposal. The proposal is as follows: Fixed Bid: Proposed Hours: Proposed Hourly Rate: $109,000 (annually) 558 $195.00 Our hourly rate reflects our "no overhead" firm. Every member of our firm works directly on projects. Team member hourly rates are not burdened with unproductive overhead. We strongly believe this is a key point to our success. The fixed fee includes all travel and related expenses. Government Consulting Partners f j, , City of Santa Ana PW Proposal 20 1111^1111 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Government Consulting Partners, Inc. LEGAL NAME OF COMPANY 5016 Brower Court, Granite Bay, CA 95746 BUSINESS ADDRESS J Bradley Wilkes President PRINTED NAME OF AUTHORIZED AGENT 54'-� April 10, 2024 SIGNATURE OF AUTHORIZED AGENT DATE FEDERAL ID NUMBER (IF APPLICABLE) 99-1737026 916-990-1256 PHONE AND FAX NUMBERS TITLE bradwilkesgcp@gmail.com E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 25 of 31 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: City of Inglewood, CA Contact Individual: Sharon Koike, Finance Director Address: City of Inglewood, 1 Manchester Road, Inglewood CA 90301 Phone Number: 310 412-8724 EMAIL: skoike@cityofinglewood.org Contract Amount: $220,000 Year: 2024 Description of supplies, equipment, or services provided: user fee calculation, billing rates, cost allocation, full cost studies, calculations submitted to state and federal agencies for reimbursement. REFERENCE Customer Name: City of Brentwood Contact Individual: Tim Nielsen, Finance Director Address: City of Brentwood, 150 City Park Way, Brentwood CA 94513 Phone Number:925-516-5400 EMAIL: tnielsen@brenwoodca.gov Contract Amount: $25,000 Year: 2024 Description of supplies, equipment, or services provided: User fee calculations for development related departments REFERENCE Customer Name: City of Santa Rosa Address: 100 Santa Rosa Ave, Santa Rosa CA 95404 EMAIL: swag ner(a)srcity.org Contact Individual: Scott Wagner, Finance Phone Number: 707-543-4670 Description of supplies, equipment or services: Citywide and Departmental Cost allocation plans and ISF full cost billing methodologies. Contract Amount: $34,000 Year: 2023/2024 THIS FORM MUST BE C O M P L E TGE& �r � (t IAI%y Pf. D WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-051 Page 26 of 31 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Government Consulting Partners, Inc. Signed and Printed Name: J Brazley Waked - J Bradley Wilkes Title: President Date: April 10t", 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 27 of 31 CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. _J ��L Signed: J Br(d eyt State of C,' , County of '-0-kce7/- Subscribed and sworn to (or affirmed) before me on this a day of &6 1 , 20 ay , by 1 Stud 6 1/; 1k`J proved to me on the basis of satisfactory evidence to be the person(s) who appea ed before me. Y DONAL,D D. FISHER 1 U ' ,°"`. COMM. # 2436392 NOTARY PUBLIC • CALIFORNIA ota Public Signature ��'01�4N14I�E TO ou�NT0Y `�� fF0 29, ZU27 j 5•VY THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 28 of 31 CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, 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 contract, 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered 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 included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: J 3v'az � Wak.ek Title: President Firm: Government Consulting Partners, Inc. Date: April 10th 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 29 of 31 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees 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 employment without regard to race, color, religion, sex, or national origin. 3. The 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. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 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. In the event of the Consultant's non-compliance 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 declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. 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 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 City of Santa Ana RFP 24-051 Page 30 of 31 (2) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant 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 sex 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. Signed: J 3rad ley W a ek Title: President Firm: Government Consulting Partners, Inc. Date: April 10t" 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-051 Page 31 of 31