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Home My WebLink About25P - AGMT - DEV IMPACT STUDYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: AGREEMENT WITH DAVID TAUSSIG AND ASSOCIATES TO PREPARE A DEVELOPMENT IMPACT FEE STUDY (STRATEGIC PLAN NO. 6, 1D } CI MANAGER RECOMMENDED ACTION 63iA 73dX01011lI[4414TIdt" APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a consulting services agreement with David Taussig and Associates for a two -year term beginning April 18, 2017, and ending April 17, 2019, to prepare a Development Impact Fee Study, for a total amount not to exceed $55,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City imposes impact fees on land development projects to mitigate general impacts to city infrastructure, such as parks, library, transportation, sewer, and storm drainage systems. The primary objective of a development impact fee program is to ensure that new development pays the capital costs associated with growth. Impact fees must comply with the requirements of the Mitigation Fee Act (Act) contained in California Government Code Sections 66000 et seq. The City periodically analyzes and updates the development impact fee rates to ensure compliance with the Act and ensure future developers pay their fair share to mitigate impacts. The study will include rates for existing fees, possible fee adjustments, as well as consideration of new fees that may become necessary with continued development within the City. Staff published a Request for Proposals on July 14, 2016 and received two proposals from firms specializing in local government financial analysis. A selection committee comprised of staff from the Public Works Agency, the Planning and Building Agency, and the Parks, Recreation and Community Services Agency reviewed both proposals and rated each firm based on a number of criteria: demonstrated knowledge and capabilities, experience, proposed approach, project rates and fees. Both of the firms were interviewed by the selection committee with the results as follows: Rank Firm Average Score 1 I David Taussig and Associates 2 1 Willdan Financial Services 86 Based on rating and cost, it is recommended that David Taussig and Associates be retained for an amount not to exceed $55,000 to develop the Development Impact Fee Study. The contract includes an amount of $44,975 for the defined scope of services, and a contingency budget of $10,025 for any additional services or analysis which may be necessary during the course of the fee study. 25P -1 Development Impact Fee Study April 18, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts Objective #1 (establish and maintain a Com (explore creative financing options with private with infrastructure improvements). FISCAL IMPACT to meet Goal #6 - Community Facilities & Infrastructure, munity Investment Plan for all City assets), Strategy D property owners amenable to share the costs associated Funds are available in FY 2016 -17 and will be budgeted and made available in FY 2017 -18: Accounting Unit FY 16117 FY 17/18 05717640 -62300 Federal Clean Water Enterprise $7,334 06017645 -62300 Water Admin /Engineering $7,333 05617640 -62300 Sewer Service $7,333 10920140 -63001 Network and Telecommunications $5,500 01114403 62300 Police Building and Facility $5,500 01113250 62320 10200501102 -3090 Rec.Comm Svc. -Park Mtce. $11,000 01105015 62300 General Non - Departmental $11,000 IV A Fred lousavipour Executive Director Public Works Agency Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency U Jack "a Chief echnology Innovations Officer Infor ation Technology Department WG:GPL:TH Exhibit: 1. Agreement APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Carlos Rofa Chief of P Ice Santa Ana Police Department 25P -2 Exhibit 1 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 18!' day of April 2017 by and between David Taussig and Associates , (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Financial analysis and studies to establish fees for Development Impact Fees. B. Consultant represents that Consultant is able and willing to provide such services to the City 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 perfonned 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: I. 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 and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services to the City, the amount of $55,00 0 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. UNEEK Ilm This Agreement shall commence on the date first written above] for a two (2) Year term with the option for the City to grant up to a No extension renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section I5, below. 03 21 11 XXX PWA 07a nlE Study "raussig Exhibit 1 (wg) 25P -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a mamier 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 of 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. G. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 03 21 17 XXX PWA 07a DIP Study Tnssig Exhibit I (wt,,) page 2 of 8 25P -4 C. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability 'insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer; Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section; i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fidlest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "'indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim, collectively, "claims "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, ,nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The pokey limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 03 21 11 XXX PWA 07n PIP stwy'raussig 8xhihit 1 (wg) 25P -5 Page 3 of 8 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 tinder 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 tlus 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. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 03 21 17 XXX PWA 07a DIF Study Tnussig Exhibit I (wg) Page 4 of 8 25P -6 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 consultants 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 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. 03 21 17 XXX PWA 0711 DIP Study "nmsslg Exhibit I (wg) Page 5 of 8 25P -7 16. 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. 17. 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. 18. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum. V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and /or Task Order number and /or name (if applicable) viii. Work site address /location (if applicable) ix. Tasks or deliverables completed and percentage ( %) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. 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 filly, 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. C, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 03 21 17 XXX PWA 07a DW Sau1y 9'nussig Exhibit I twg) 25P -8 Page 6 of 8 20. 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 commtnication in the manner provided in this Section, to the following persons: 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, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -5635 To Consultant: Andrea Roess Managing Director David Taussig and Associates 5000 Birch Street, CA Suite 6000 Newport Beach, CA 92660 Fax 949- 955 -1590 Sonia R. City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 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. 03 21 17 XXX PWA 07a DIF Sludy Taussig Exhibit 1 (wg) 25P -9 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By; Qc4ftol. l John nk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Gerardo Monet Acting City Manager CONSULTANT: David Taussig and Associates Tax ID# 03 21 17 XXX PWA 071 DIP Sh¢Iy'raussi0 Exhibit I (wg) Page 8 of s 25P -10 1 *: ai 3 I�IIi1 SCOPE OF SERVICES 25P -11 SECTION II 0 SCOPE OF SERVICES & SCHEDULE �t✓��.��Wf��3 J� � t4 ti�i k�� 1 1' Y i f 4 i N!T tM3k } 5 _2 p ih Work products stemming from the Work Plan described in this section will include the following: • A memorandum summarizing the fee methodology options • The draft and final Fee Study or Fee Studies DTA has an enviable reputation for producing high quality work in a quick and efficient manner to correspond with even the most aggressive project schedule. DTA's clients also receive high levels of personal attention from senior staff, with a Managing Director or other senior management always available to meet with public agency staff and other groups. TASK 1 — EVALUATE CURRENT DIF PROGRAM DTA will review and evaluate the City's current DIF program, including review of General Plan, level of service, Capital Improvement Programs, existing levels of development, projected future growth, and all other required data, for discussion during the Kickoff Meeting in Task 2. TASK 2— ATTEND KICK -OFF MEETING DTA staff will meet with City staff in an initial kick -off meeting to finalize the details of the Work Plan; discuss the current DIF program, potential fee methodologies, and best practices; identify needed and available information (i,e., reports, project /needs lists, stakeholder groups, data, etc.); determine period of time to be examined in Fee Study; prepare final schedule; discuss the public process; and resolve other concerns as appropriate. TASK 3 — REVIEW AND CONFIRM DEVELOPMENT PROJECTIONS 7 DTA will review Southern California Association of Governments Regional Transportation system growth projections, as well as other sources, such as the City General Plan, existing Master Plans, the City's Transportation System Improvement Area DIF, the U. S, Census, and the State Department of Finance. DTA will consult with the City Community Development Department to ensure growth is consistent with the City General Plan and projections. Also, DTA will survey and compile results to determine development impact fees charged by ten similar cities within the region, with at least four from Orange County, TASK 4 - REVIEW FACILITY if CAPITAL NEEDS AND LEVELS OF SERVICE This task entails review of the facility and capital needs required to serve the new development in the study area projected in Task 3. DTA will use existing City materials (and any relevant developers' facilities reports) as base documents and focus our effort on updating this information. In order for any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities which will be impacted by additional growth, including those already discussed in the General Plan or CIP. This task will require close coordination with all appropriate City departments. Subtask 4(A) — Survey /Interview City Staff DTA shall survey /interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask 4(C). Based upon the results of the surveys and interviews, as well as the City General Plan, DTA will verify and, if appropriate, expand the list of new facilities to be financed through the DIF Program. Subtask 4 (8) — Facilities List Inc. Development Impact Fee Study 25P -12 16 SECTION II IM SCOPE ®ESERVICES & SCHEDULE Based on the information collected In Subtask 4(A), DTA shall prepare a facilities needs list that details the new facilities and equipment needed to serve new development in the City. Subtask 4(C) — Review Cost Estimates DTA's engineering and technical staff will, as necessary: consult with City department heads and /or engineering staff or equivalent to ascertain and understand in -house cost data for existing and projected facilities and equipment; apply appropriate inflation and cost of living escalators to the list of projected public facilities to determine future costs; review and /or refine existing cost data; examine major sources of revenue to fund construction of new public facilities; and provide a proportional estimate between projected costs for new facilities and projected revenue from mitigation fees and other sources, Deliverable: Needs List TASK 5 - DEVELOP METHODOLOGY FOR CALCULATING NEW FEE AMOUNTS This task entails developing the methodology used to establish the fee amount to the extent appropriate. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AS 1600. Since fees of any sort are controversial, it is critical that any fee established be legally defensible. DTA's fee study methodology must meet the nexus or benefit requirements of AB-1 600, which requires that there be a nexus between fees imposed, the use of the fees, and the development projects on which the fees are imposed. Furthermore, there must be a relationship between the amount of the fee and the cost of the improvements. In order to impose a fee as a condition for a development project, the methodology must accomplish the following: • Identify the purpose of the fee. • Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities must be identified. • Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. • Determine how there is a reasonable relationship between the need forthe public facility and the type of development project on which the fee is being imposed. Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this Subtask will be documented in the Report. DTA shall prepare a memorandum to City staff summarizing the recommended methodologies and their pros and cons. DTA will recommend a fee expenditure plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds, as well as possible flexibility to allow collected fees to be used to provide the City match for grant applications. Finally, the memo will include recommendations for methodology and next steps. Upon review and discussion by City staff, a methodology will be selected. Deliverable: Memorandum summarizing the DIF methodology options TASK 6 - DETERMINE FEE LEVELS This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task 3, facilities needs and costs determined in Task 4, and the methodology selected in Task 5. City of Santa Ana — Proposal for Development Impact Fee Study August 3, 201E David Taussia & Associates, Inc. Page 17 SECTION 11 0 SCOWE F SERVICE S SCHEDULE Subtask 6(A) — Calculate Recommended Fee Amounts DTA shall calculate the fees for the City by Inputting the data compiled under the preceding tasks, and computing the amount of each fee to be levied. This work will be done in a spreadsheet format which can be updated on an annual basis. Subtask 6(B) — Document Fee Derivation DTA shall document the methodology utilized for the fee calculation model in a manner that can be understood by the City and the public. DTA shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City. These statements will be made to meet the requirements of AB 1600 and will be documented in the Final Report discussed below. Deliverable: List of Proposed Impact Fees for Single Family Detached, Single Family Attached, Multi- family, and Non - Residential land use categories TASK 7 PREPARE DRAFT AND FINAL FEE STUDY REPORTS This task entails preparation of the draft and final reports for consideration by the City Council and City Staff. Subtask 7(A) — Prepare Draft Fee Study Report for Comments Based on the work completed in Tasks 1 through 6, DTA will prepare the Draft Report for review and consideration by City staff. The report will be prepared pursuant to the standards of AB 1600 and Quimby Act and is expected to include: • Executive Summary • Population Projections • Facilities and Improvements List • Areas of Benefit (if applicable) • Fee Calculations • Recommended Fee Levels • Recommended Process for Keeping Fees Current Subtask 7(B) — Prepare Final Fee Study Report Based on the incorporation of City staff comments and concerns on the Draft Report, DTA will prepare the Report for presentation to the City Council and City staff. Deliverable: Five (5) bound copies, one unbound copy, and single Microsoft Word and PDF file of the Final Development Impact Fee Study Reports TASK 8 — ATTEND MEETINGS AND PUBLIC OUTREACH This task entails attendance at 5 meetings /workshops in addition to the Kickoff meeting included herein under Task 2: 1 to 5 are working site visits with City staff, meeting to brief the City Council, and one presentation to City Council. During these meetings, and throughout the course of the preparation of the Fee Study or Fee Studies, DTA will make recommendations regarding the use and collection of proposed fees, as well as recommendations regarding specific components or elements that are of concern. City of Santo Ana — Proposat for Development Impact Fee Study AugaV 3, 2016 David Taussiq & Associates, Inc. Page 18 25P -14 SECTION II 0 a OC PE O MMES & SCH_ HEDUL r M my , .:�.fi OEMf, fb riSn,M1 1.si.r »;i.'.asxk+rAsy. In DTA's experience, City staffs role in the preparation of a Fee Study relates to (1) the procurement of specific types of data, as listed below, (ii) assistance and local expertise in the selection of Facilities to be included on the Needs List, (iii) review of all documents produced by DTA, and (iv) assistance in working with the City Council and outside stakeholders. DTA requests that the following information be provided by City staff at no charge and in a timely manner such that the project does not extend beyond six (6) months from the date of authorization to proceed: 0 City General Plan, any specific /master plans, development agreements, and data regarding existing entitlements. 0 Forecasts and Development Information re: ongoing development activities or those in process and recent projections or forecasts being used by the City staff. 0 To the extent available, detailed description of the proposed public facilities, including the facility name and number of square feet, acres, etc. (as applicable for each type of facility). 0 To the extent available, any infrastructure standards utilized by City, such as police or fire protection personnel per 1,000 residents, library books per capita or per building square foot, inventory of completed Facilities within.District that - constitute a standard,. including type., size, and location of facility, City infrastructure standard policies, etc. 0 Cost estimates for proposed facilities (DTA anticipates that City's cost data and estimates will be reviewed by DTA staff and discussed with City staff). 0 Existing City Fee Ordinances and /or Resolutions. 0 Current Annual and Five Year Reports per Government Code Sections 66006 and 66001 (if available). 0 Identification of any existing committed revenue sources pledged to fund facilities on the proposed Needs List. City of Santa Ana — Proposal for Development Impact Fee Study August 3, 2016 David Taussig & Associates, Inc. _. Fade 19 SECTION ill ■ FEE PROPOSAL AND SECTION IV ® CERTIFICATIONS As stated in "Section I - Fee" of this proposal, DTA's fee schedule and cost proposal are provided in a separate sealed envelope. IV; C«TE t0 5M ,N {...< :_. t . , ,,,r, s, } M. In Attachment A are the signed Certifications: Non - Collusion Affidavit Non - Lobbying Certification Non - discrimination Certification City of Garden Grove — Proposal for Development Impact Fee Study August 3, 2016 David Toussig & Associates, Inc. Page 20 25P -16 r 25P -17 ATTACHMENT 0 A EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation includes $48,475 as summarized in the Fee Proposal, and $6,525 for additional services which may be required and authorized by the City, for a not to exceed total of $55,000 25P -18 SECTION III ® FEE PROPOSAL DTA's proposed consulting fees for services performed for the City under the Technical Approach and Scope of Work (Section I, D and Section II of the proposal) is not -to- exceed $44,975 (excluding expenses). Please note, the proposed fees reflect preparation for and attendance at 6 meetings; the actual fees invoiced may be lower. DTA's Comprehensive Development Impact Fee Price Proposal 25P -19 Kam Managing Director —.._._._.`- 2 ...- ..-- $210 --.....- ....�......_.. $420 _.- ...__�_._.._. Evaluate Current DIF Program Months 1 -2 Vice President/Engineering 6 $200 $1,200 SeniorAssoclate 4 $165 $660 i0 FsU ` � gr �� a�A 1 ai�1 :•ra�� - * '� r -1' Age *. 4. a.�x �wu,. Managing Director 4 $210 $840 Kick -Off Meeting Months 1 -2 Vice President /Engineering 4 $200 $800 Senior Associate 0� $165^ $0 �OT 6 Managing Director_ 5 $210 $1,050 Proj actions Review Development Months 2 -3 Vice Presldent/Englneering 5 $200 $1,000 Senior Associate 0 $165 $1,485 Managing Director 6 $210 $1,260 Review Fa Needs Months 2 -4 _ Vice President /Engineering 30 $200 $6,000 Levels Service & Levols of Service Senior Associate 10 $165 $1,650 sm Mana ig ng Director 7 $210 $1,470 Develop Methodology for Months 3 -4 Vice President/Engineering 9 $200 $1,800_ Calculating Now Fee Amounts Senior Associate 10 $165 $1,650 WY e'3fs�. a , •. �py�'�H BMW u.. .At. rrvPwnR< Managing Director 7 $210 1 $1,470 _ Vice President/Engineering 9 $200 $1,800 Determine Fee Levels Months 3 -5 Senior Associate 8 _ $165 _ $1,320 OTA '1Ot EL? F: * P �10 Managing Director $210 $2,100 Prepare Draft & Final Reports Months 5 -7 Vice President/Engineering 16 $200 $3,200 Senior Associate 4D _ $165 $6,600 �7 {; ru T 'r NO ' x"7 r''taT�F � " R - , � �.� , w l b `�$6 r : „y m ., - Asa - �.._ $ .:.£ 00�• T. ts,'3 - 2i WE T � ,k” �nr.-0 Managing Director 20 $210 $4,200 Attend 5 Meetings and Public Months 1 -8 Vice ProsidontlEnginoering - _ _ _ _ $200 $3,000 Outreach Senior Associate �15 0 _ 1 $165 $0 ' T "� a - TOTAL NOT TO EXCEED Managing Director 61 $210_ $12,alo "TASKS 1 TO 8* _ Vice President/Enginecring 94 $200 $18,800 iSenior Associate 81 _ $165 $13,53.65 1 5 .3 i. _3 M '' 'YiYJ "" :.. A$ , , ..., 1k TL?e�t 2 Rr f i 25P -19 SECTION III ® FEE PROPOSAL Fees for services shall be charged according to the following professional services fee schedule: Managing Director $210 /Hour Vice President/Engineer $200 1Hour Manager $185 11-lour Senior Associate $165 /Hour Associate $155 /Hour Senior Analyst $145 /Hour Analyst $130 /Hour Research Assistant $105/Hour In addition to fees for services, City shall reimburse DTA for out -of- pocket and administrative expenses by paying a charge equal to 3% of DTA's monthly billings for labor, plus clerical time at $75 per hour, travel costs, and any outside vendor payments, not to exceed a total of $3,500. Any additional tasks assigned by the City if the total fee listed above has been exceeded shall be charged at the hourly rates listed above. Consultant shall notify City if and when charges approach the estimates listed above to obtain written consent for additional fees to continue work. Invoices shall be submitted on a monthly basis and shall be due within thirty (30) days thereafter. A late charge of 1.22 percent per month shall be charged on late payments. Work not specifically outlined in the Technical Approach and Scope of Work (Section I, D and Section It of this proposal), such as detailed written responses to resolve disputes or preparation of more than one set of major revisions to the draft report, may be classified as Additional Work and mav require additional billing at hourly rates identified in the table above if the maximum fee levels have been exceeded. Other examples of Additional Work shall include: 0 Additional analyses based on revised assumptions requested by the City, including (a) possible changes in Facilities Needs List, infrastructure costs, population projections, and related data once preparation of draft administrative report has been initiated, and (b) adjustments to assumptions once the draft administrative report has been approved. 0 Negotiations with stakeholders once the Report has been prepared, 0 Time expended related to obtaining data assigned to City under "Information to be Provided by City," as listed below. 0 Actual Implementation of fee programs. 0 Reproduction of more than 5 bound copies of the Report. 0 Attendance at more than 5 meetings. All hourly rates for services apply for a 12 month period from execution of the agreement and are subject to a cost -of- living increase every 12 months, On or about the first two weeks of each month during which Consulting Services are rendered hereunder, DTA shall present to City an invoice covering the current consulting services performed and the reimbursable expenses incurred. 25P -20 i " *• 1 T 111 The maximum fees listed above assume the review and implementation of the Fee Program with a schedule between initiation of services and public outreach that is no longer than nine (9) months. Information To Be Provided By City DTA requests that the following information be provided by the City at no charge and in a timely manner such that the project does not extend beyond six (6) months from the date of authorization to proceed: 0 City General Plan, any specific /master plans, development agreements, and data regarding existing entitlements. 0 Forecasts and Development Information re: ongoing development activities or those in process and recent projections or forecasts being used by the City staff. 0 To the extent available, detailed description of the proposed public facilities, including the facility name and number of square feet, acres, etc. (as applicable for each type of facility). 0 To the extent available, any infrastructure standards utilized by City, such as police or fire protection personnel per 1,000 residents, library books per capita or per building square foot, inventory of completed Facilities within District that constitute a standard, including type, size, and location of facility, City infrastructure standard policies, etc. 0 Cost estimates for proposed facilities (DTA anticipates that City's cost data and estimates will be reviewed by DTA staff and discussed with City staff). 0 Existing City Fee Ordinances and /or Resolutions (or County ordinances or resolutions that have been utilized within the City). 0 Current Annual and Five Year Reports per Government Code Sections 66006 and 66001 (if available), 0 Identification of any existing committed revenue sources pledged to fund facilities on the proposed Needs List. 25P -21 EXHIBTI' C CERTIFICATIONS C -1 tivougli C -3 25P -22 CITY ®F' SANTA ANA RFP NO,; 16 -074 DEVELOPMENTIMPACTF'EES �V -CQ9)( F.UJ�9d9N AF'1!IdAAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, er to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative 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 bid. Note; The above Non- collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a prosecution, false certification may subject the certifier to criminal Signed State of Q County of Subscribed and sworn to person($) who appeared �p before me Notary Public Signature d) before me on day of 20.w by to me on the basis of atisfactory evidence to be tho 25P -23 Seal Page 1 of 1 CITY OF SANTA ANA RFP NO.: 16 -074 DEVELOPMENTIMPACTFEES NO CD+RTIFICATION 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 malting 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: p� PA�til� ijdtAcs�,GC�C Date: Page 1 of I 25P -24 CITY O1+ SANTA ANA RFP NO.: 16 -074 DEVELOPMENTIMPACTFEES 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Tabor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultaut 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;\P191t�cia Firm: j �SS_t%Snir ir. S Date: Page 2 of 2 25P -25 EXHIBIT D ADDITIONAL PROVISIONS There are no additional provisions. 25P -26