CONTRACT 4449 Professional Services Agreement CLOSEDAgreement No. 4449
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ROSENOW SPEVACEK GROUP, INC.
This AGREEMENT is entered into this 13th day of June, 2013, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and Rosenow
Spevacek Group, Inc., a California Subchapter "S" Corporation ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed twenty thousand three hundred and forty five dollars ($20,345) for
CONSULTANT's services. CITY may modify this amount as set forth below.
Unless otherwise specified by written amendment to this Agreement, CITY will
pay this sum as specified in the attached Exhibit "A," which is incorporated by
reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit `B," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
-1-
Agreement No. 4449
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A")
the tasks performed, the percentage of the task completed during the billing period, the
cumulative percentage completed for each task, the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ("Manager") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ("Additional
Work") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $4,655.00 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
-2-
Agreement No. 4449
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from June 13, 2013, to December 31, 2013.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A, Exhibit A: Budget;
B. Exhibit B: Proposal for Services/Scope of Work; and
C. Exhibit C: Resumes.
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
-3-
Agreement No. 4449
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
K By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
10
Agreement No. 4449
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement,
except for such loss or damage arising from CITY's sole negligence,
active negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, to the extent resulting from CONSULTANT's negligence or
other wrongful conduct, arising out of this Agreement, or its
performance, except for such loss or damage arising from CITY's sole
negligence, active negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, CONSULTANT will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will
indemnify CITY for any judgment rendered against it or any sums
paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
-5-
Agreement No. 4449
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Tv -pe of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
0
Agreement No. 4449
Business automobile liability RSG does not own any automobiles.
Workers compensation Statutory requirement
B„ Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
-7-
Agreement No. 4449
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
Rosenow Spevacek Group Inc.
309 West 4th Street
Santa Ana, CA 92701-4502
Attention: Alexa Smittle
If to CITY:
City of El Segundo Planning & Building
Safety Department
350 Main Street
El Segundo, CA 90245-3813
Attention: Kimberly Christensen
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There are three (3) Attachments to this Agreement. This
-8-
Agreement No. 4449
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a
whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against
either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
In
Agreement No. 4449
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CIT F EL GUNDO
G r eg, Vn) c i i t
C anager
ATTEST:
. ..........
TrAn vW v
Fe I,* se Acosta, Pre"
si deni
Jai'll S Simon,
iIon Vice President
Taxpayer ID No. 95-3435849
0Y Clelt
APPROVED TO 3R
MARK D. 1-1, S (I ty, ttorney
By:
Karl H. Berger, Assist' nt City Attorney
-10-
Agreement No. 4449
Exhibit A
Budd
Agreement No. 4449
Kimberly Christensen
Sam Lee
CITY OF EL SEGUNDO
May 21, 2013
Page 4
FEE QUOTE
RSG proposes to conduct all work required on a time and materials basis. The not -to -exceed
budget for this engagement is $19.055. If additional work outside of Tasks 1 through 8 is
required, RSG will provide a budget estimate upon request prior to initiation of work. Optional
Task 9 can be performed for an additional $1,290. As always, RSG bills only for actual hours
spent on authorized assignments.
*Expenses inclusive of CoStar, First American Title resource "Metroscan", and printing costs in excess of five coples
RSG will charge for these services under our current 2013 fee schedule:
Principal / Director
$
HOURS BY CONSULTANT
Senior Associate
$
165
Associate
Principal/
Sr.
Sr. Analyst
Research
Subtotal
Analyst
Subtotal
115
Director
Associate
100
Asst.
$
75
Clerical
$
210
165
125
100
Hours
Costs
Smoky Hollow Parking Fee Study
12
44
46
32
134
$
19,055
Meetings and Coordination
6
12
6
24
$
3,990
Baseline Needs Assessment
4
6
16
26
$
3,010
Market Research - Land Value
1
2
12
4
19
$
2,440
Develop Parking Stall Costs (Surface&Structure)
4
6
6
16
$
2,010
Feasibility Proforma
1
10
4
15
$
2,360
Summary and Recommendations Memo
4
12
12
61
34
$
4,920
Reimbursable Expenses `
$
325
Optional Other Jurisdiction Fee Survey
1
1
10 1
12
1 $
1,290
*Expenses inclusive of CoStar, First American Title resource "Metroscan", and printing costs in excess of five coples
RSG will charge for these services under our current 2013 fee schedule:
Principal / Director
$
210
Senior Associate
$
165
Associate
$
150
Senior Analyst
$
125
Analyst
$
115
Research Assistant
$
100
Technician
$
75
Clerical
$
60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for mileage, parking, standard telephone/fax expenses, general
postage or incidental copies. However, we do charge for messenger services, overnight
shipping/express mail costs and teleconferencing services. Third party data that may be
required will be charged to clients, including CoStar, which is billed at a flat fee of $250 per
month for use on client engagements. We also charge for copies of reports, documents, notices,
and support material in excess of five (5) copies. These costs are charged back at the actual
Agreement No. 4449
Kimberly Christensen
Sam Lee
CITY OF EL SEGUNDO
May 21, 2013
Page 5
expense plus a 10% surcharge. Total charges for this engagement have been accounted for in
the proposed budget under Reimbursable Expenses.
We appreciate the opportunity to submit our proposal to the City of EI Segundo, and we look
forward to continuing our professional relations by providing the City with the required
consultant services.
Sincerely,
ROSENOW SPEVACEK GROUP, INC.
q
Felise Acosta
President/Principal
Agreement No. 4449
Exhibit B
Scope Of Work
ENT
0111 INTELLIGENT COMMUNITY DEVELOPM
Agreement No. 4449
ROSENOW SPEVACEK GROUP INC.
309 WE'J 4TH f,TREE
1,/�,NTA ANA, (;A
1- 4,,, ;;,' �!
Via Electronic Mail
May 21, 2013
Kimberly Christensen
Sam Lee
CITY OF EL SEGUNDO
350 Main Street
El Segundo, CA 90245
PROPOSAL FOR SMOKY HOLLOW PARKING FEE ANALYSIS
Dear Ms. Christensen and Mr. Lee,
Rosenow Spevacek Group, Inc. (RSG) is pleased to present this proposed scope of work and
budget to provide the City of El Segundo (City) with a parking fee study for the Smoky Hollow
Specific Plan area. We understand that you are seeking to identify a parking program that may
be implemented soon, and potentially developed or expanded over time as demand grows. We
understand the City has received technical advisory services from the Urban Land Institute that
recommended approaches to fostering appropriate growth in Smoky Hollow, which included the
need to provide opportunities for adequate parking. We also understand the City intends to
revise the current Specific Plan, so any recommendations made for a parking fee program must
be flexible enough to be useful as changes occur in Smoky Hollow.
The following details our proposed scope of services and hourly billing rates for this
engagement. We would be happy to discuss a more limited or expanded work scope as
needed. Additional information on RSG, including qualifications and projects are available upon
request, or at our website: ww,.w .we.b
SCOPE OF SERVICES
The following work scope outlines our approach and methodology for the engagement tasks.
1. Kick off meeting to clearly establish goals, timeline, and structure of the fee study.
Discuss preferences with staff and solicit any further information that should be
incorporated in the study.
2. Conduct a high-level baseline needs assessment to determine a number of parking
spaces that would provide a reasonable "first phase" to alleviate current parking
concerns. RSG would conduct this assessment through peak -hours site visit, review of
City or County data identifying square footages and use types, the current specific plan,
and other research and best practices to make a recommendation on ideal or acceptable
number of public spaces to initiate a program. Assessment would be performed on a
COMMUNITY INVESTMENT & IMPROVEMENT
LOCAL GOVERNMENT SOLUTIONS
FINANCIAL ANALYSIS
REAL ESTATE & DEVELOPMENT
HOUSING
Agreement No. 4449
Kimberly Christensen
Sam Lee
CITY OF EL SEGUNDO
May 21, 2013
Page 2
sub -area level (3 areas, western, mid, and eastern portions of Smoky Hollow) to assist in
determining best locations for possible surface lots in first phase.
3. Establish a per square foot land value through market research including recent real
estate transactions, lease rates, and capitalization rates for a lot size that will reasonably
accommodate the number of parking stalls needed for a first phase. Based on the
subarea need analysis performed in Task 2, one to three lots may be considered for a
first phase.
4. Identify ideal conditions for a "first phase" lease or purchase of property that may be
used to initiate the Smokey Hollow parking district. Develop a cost per parking stall
estimate for surface level lot, including improvements and operational costs.
5. Conduct a sample proforma analysis envisioning redevelopment of a lot for office uses
to determine the feasibility of paying an in -lieu fee for a surface lot, a parking structure,
or providing parking onsite.
6. Based upon previous Tasks, develop proposed first phase fee. Prepare a draft
memorandum outlining work performed, findings, and suggested fee for first phase.
Circulate draft and meet with staff for discussion and comments.
7, In conjunction with staff, determine reasonable assumptions for further parking
expansion needs in the future. Provide a similar analysis as Task 4 and 5, identifying
current costs for development of a parking structure that is reasonably expected to
accommodate future parking needs, and identify a per parking stall cost.
8. Amend and finalize the memorandum to include approaches to creating a three-phase
parking program and recommended in -lieu fees.
9 Additionally, as an optional service, RSG can conduct a survey of other parking districts
to determine associated fees, to provide perspective on the proposed fees for Smoky
Hollow. These results could be incorporated into the final memorandum.
Agreement No. 4449
Kimberly Christensen
Sam Lee
CITY OF EL SEGUNDO
May 21, 2013
Page 3
TIMELINE
RSG anticipates this engagement can be completed in 10 weeks, as envisioned below.
Week Week Week Week Week Week Week Week Week Week
1 2 3 4 5 6 7 8 9 10
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
DELIVERABLES
RSG will electronically provide one administrative draft of the memorandum for review and
comment by City staff. Upon completion of revisions, RSG will provide 15 printed and comb -
bound copies, and one PDF digital copy, of the final memorandum.
PROJECT TEAM
Felise Acosta. Principal-in-Charae
Ms. Acosta will assume the role of Principal -in -Charge for this engagement. In this role, she will
act as lead contact, and oversee all activities.
Other Project Team Members
Ms. Alexa Smittle, Senior Associate, will act as Proiect Manaaer and will be assisted by Mr.
Brian Moncrief, Senior Analvst, and Mr. Brandon Fender, Research Assistant
Ms. Smittle will assist with project management and coordination of staff, perform pro forma
analyses, oversee data collection and create recommendations for the City in conjunction with
Ms. Acosta. Mr. Moncrief and Mr. Fender will assist the team in data gathering and assembly of
required information. Other RSG staff may be assigned as needed. Resumes for primary project
team members are included at the end of this proposal, and all RSG staff resumes are available
online at webrsg.com.
Agreement No. 4449
Exhibit C
Resumes
Principal
Relime Acosta joined R88 in 1987 and has served as a Principal and shareholder
since 1991. She has over 30 years of experience in p|onning, community
davmopman, affordable housing, governmental management, fiscal analysis and
economic development for both the public and private sectors. Before joining
RSG, Ms. Acosta served for nine years as the Community Development Officer for
the City of Buena Park developing and managing the City's radeve|opment,
hnuoing.andnoonomicdave|opmentpnoguamomndactiviUms.PhortoBuenoPork.
yNa Acosta served in various planning positions with the City ofCarson. Her
tenure in the public sector provides her with m unique economic and pn\dioa\
perspective along with expertise to help clients strategize and execute projects for
the greatest |nva| of community impact. She is widely recognized in California for
her expertise inproperty tax and tax increment revenue analysis.
°
Provides ovariety ofongoing consultant assistance to the cities of Lake
Forest and Westminster. Work for the two cities includes fiscal onalynis,
affordable houaing, obsff training and economic development
implementation.
° Under Me.Acosta's oversight, RSG has prepared annual 5 -year property
tax revenue for the Orange County Fire Authority (OCFA)
Structural Fire Fund for bve|vo consecutive years. This task involves
mnaomh and analysis of development and neo{ estate tmnmerLinno and
trends for 15cities and the unincorporated territory within Orange County.
°
Completed multiple Nexus Studies in support of the adoption of an
Inclusionary Housing Zoning Ordinance (adopted inDecember of 2011)
for new development (encompassing all land use types) within the City uf
Fontana.
°Completing a comprehensive audit of the City of Carson's implementation
of its Mobile Home Rent Control Ordinance. The purpose of the audit is
to determine: 1) overall cost of the Ordinance to the City; 2) the
effectiveness of the Ordinance in providing affordab,le housing to low
income residents; and 3) how the City's implementation of the Ordinance
meets best practice standards.
8ycrafting and executing organizational and financial strategies that make lasting
imprints in the community fabric of her client iuhodiubono. N1e. Acosta personally
thrives on and nurtures her commitment h» community excellence. She is also n
natural mentor and believes in building RSG'o human capital with a focus on
developing effective leaders inthe community development arena.
Agreement No. 4449
EDUCATION
�
BA, Urban
Geography, California
State University, Long
Baach,
RSG ACADEMY
= Consulting: The RSG
Way
m Management and
Supervision
• Analysis 101
• Blight
w Affordable Housing
PROFESSMAL
MEMBERSHYPS &
CaliforniaCERTRCATlONS
Redevelopment
Association
California Association
for Local Economic
Development
California Community
Economic
Development
Association
�� ��`�� �����~�^�N ��
m���������� ~�m`mmm m�~��
Senior Associate and Shareholder
AlexeGmittle joined RSG in2OO5and iscurrently oproject manager serving clients
throughout the State of California. During her time at RSG, Ms. Gmittle has helped
communities explore the policies and potential initiatives which influence economic
development efforts, from long term strategies toneighborhood market studies. Ma.
Smittle's other work has focused on municipal finance and service provision as well
as developing expertise in 8oua| impact modeling for sustainability hanaoasta and
new development proposals. Her favorite endeavors are projects that provide clients
with insight on funding options and local economic growth opportunities that best fit
their community.
Recent Engagements
° Developing the General Plan Economic Development Element and subsequent
implementation strategy for Dana Point, osmall coastal community, focused on
tourism and quality ofplace planning,
• Working with o non-profit builder to develop selection criteria and identify
potential sites in Orange County for efficient structure rehabilitation to facilitate
emergency shelter for young families and increase competitiveness for funding
following policy changes atHUD.
° Recently completed Phase 2 of three-phase effort to incorporate economic
planning into o broader General Plan update process for the City of Carlsbad,
that includes identifying economic trends in deve|opment, tourism and
neuneotion, quantifying fiooa| impacts of different land use changes, and finally
developing oneconomic development element.
° Evaluated the market capacity for development of a proposed unique
commercial land use, and determined potential associated revenues bocreate
on annexation feasibility study of substantial but geographically challenging
area, inclusive ufpolicy recommendations for the City ofSparks (Nevede).
° Completed o market study for 12 million square feet of Class A business park
inSparks, Nevada aapart ofm1.2million acre master planned community. The
proposed office park is intended to house research and development
laboratories and officea, and as such required not only an mna|yo|a of the
nnmpn1i8vo eo| estate market but significant research into job o|uahem and
trends inthose industries.
°
Developed a variety ofpotential in -lieu fees and impact fees for land use
proposals in the City nfLaOuintafor fiscal mitigation programs.
Ma Smittle maintains close ties tothe UCi Urban and Regional Planning master
program, working with individual students on thesis projects as well as delivering
^Lnoa| Government 101^ lectures to dumsoo. She also recently served on a
Technical Advisory Panel for the Urban Land Institute's Young Leaders Group in
Orange Cmwm\y, which provided a local non-profit with e how-to guide on searching
for and selecting properties that better meet the needs of the children it serves. She
looks forward to new re|oUonahipa, pn4euts, and opportunities as communities all
across California strive to provide quality lifestyles for residents and businesses.
Agreement No. 4449
EDUCATION
• Master ofUrban and
Regional Planning,
University ofCalifornia,
Irvine, 2005.
° BS, Regional Planning.
University of Arizona,
2000.
TRAINING mRSG ACADEMY
• |EDC:Business
Development and
Retention,
Neighborhood
Development Strategies
° Ca|LAFCo University:
Fire District
Consolidation
• Property Tax
• Real Estate and Market
Analysis
° Development and
Construction
PROFESSIONAL MEMBERSHIPS,
CERTIFICATIONS &ACTIVITIES
• Urban Land Institute
• California Community
Economic Development
Association
• California Association
for Local Economic
Development
• CRA Technical
Committee Member
• Panelist - Building
Industry Association,
Orange County
• Pane|ist-Associahonof
California Cities, Orange
County
Senior Analyst
Brian Monorief joined RSG as an Analyst in 2007 and has over five yaom of
experience with over 30 client projects in community development affordable
huuoing, and municipal finance services throughout California. He has specific
expertise in economic and community development p|anning, fiscal consultant
services for public agency bond iusues, public agency pmoa4bmugh oa|ou|oUonm, real
estate market analysis and housing implementation services.
Recent Engagements
° Working with the San Bernardino Municipal Water District to provide fiscal
consultant services, which include verifying pass through payments for fiscal year
2O1112and the prior four fiscal years (2OO7'O8 through 2D1O'11)and creating o
model for annually calculating the District's pass through payment agreements.
° Presently engaged in performing program neview, offbndmb|e housing cost
calculations, and loan eligibility review and processing services for the City of
Moreno Valley's Neighborhood Stabilization Pmgmm(^NGP^)pmQnom.
° Conducting a comprehensive aOnvdob|o housing nexus study and commercial
linkage fee analysis for the City of Santa Monica, which will help establish the
causal relationship between nonresidential development and the need for
affordable housing inthe City.
° Engaged to provide successor agency advisory oewioaa related to ABx1 28 and
AB 1484 for the following clients: City of Firebaugh. City of San Momns. City of
Bo||. Victor Valley Economic Development Authority (VVEDA). and City of
Atwater.
° Recently completed a project for the San Bernardino County Auditor -Controller to
create a unified pmau through payment model for nine former redevelopment
agencies and calculate pass through payments to taxing agencies. Duties
included reviewing negotiated poum through agraomen(o, preparing and
calculating taxing agency pass through peymentu, and identifying areas of
concern with calculation methodologies and ambiguities inABx1 26 to estimate
taxing agency payments.
° Currently provide on-going fiuoe| consulting services to the Victor Valley
Economic Development Authority (VVEDA), which include annual preparation of
pass through calculations and distribution of revenue to VVEDA's member
}uhndictiunu, annual property tax revenue pnojooUuno. and Continuing Disclosure
reports for tax allocation bonds.
Throughout his tenure at RSG. Mr. K8onurief has gained an understanding and
appreciation nfhow community and economic development initiatives can have u
lasting impact on the ouuoaauhu| growth of community. Mr. N1onoriafvalues the
opportunity h»work with clients tosolve complex community development planning
.
8noncing, and housing chaUongenthat can help enhance the physical and aconomicviability of their communities.
Agreement No. 4449
EDUCATION
MPA, Public
Administraton,
California State
University, Long Beach
(Pi Alpha Alpha,
National Honors
Society), 2005
BA' Political Sdence,
University ofCalifornia,
Irvine, 2003
RSG ACADEMY
" Management and
Supervision
" Analysis 101
" Tax
" Affordable Housing
" Real Estate and Market
Analysis
• Development and
Construction
PROFESSIONAL
MBNBERSHIPS&
CERTIFICATIONS
" Urban Land Institute
" American Society of
Public Administration
°
Municipal Management
Association ofSouthern
California
� Rea! Estate
Salesperson, License
No. 019320S2
Research Assistant
Brandon Fender, a Research Assistant, joined RSG in 2009 while attending the
University of California, Irvine. As a member of numerous project teams, Mr. Fender
has gained experience in housing administration monitoring and reporting, economic
and market analyses, housing construction and development, and municipal finance.
Mr. Fender specializes in providing research, field work, data analysis, graphic
representation, spatial analysis using Geographic Information Systems software,
and IMPLANO modeling in support of economic impact, nexus and linkage fee
analyses. He is most engaged when his research, analysis, audits and inspections
translate to solutions for local governments and access to healthy and safe
environments for their citizens.
Recent Engagements
Completed an economic impact analysis for the City of Los Angeles Community
Redevelopment Agency in order to estimate the total number of jobs and the
sales, utility and property tax generated by the proposed housing, retail and
medical facilities on a site in an economically depressed area of South Los
Angeles. A portion of the site was subsequently acquired by Kaiser
Permanente with plans to develop the medical facility and negotiations are
underway for a retail component.
• Provides on-going affordable housing administration compliance audits and
inspections to ensure that the City of Fontana and City of San Bernardino's
affordability covenants are upheld and the City's low income population has
access to safe and healthy housing.
• Worked with City of La Quinta staff, the design team, property managers and
residents, and USDA Rural Development staff to obtain entitlements to
rehabilitate and expand a 72 unit apartment complex affordable to seniors and
disabled adults with extremely low incomes.
• Using IMPLANO, developed a model to project future employment for a private
corporation in order to satisfy the requirements of the United States Citizenship
and Immigration Service Employment Based Immigration Fifth Preference
Program (EB -5).
• On a quarterly basis, performs compliance audits for the County of Orange
Apartment Development Revenue Bonds.
• Completed an economic and market analysis for the City of Carlsbad's
comprehensive General Plan update that sought to understand projected
changes in job, economic base, retail, shopping, hotel and tourism, and
business climate trends over a 30 -year period
Mr. Fender enjoys creating equitable, sustainable, and sociopetal urban space for
communities. He thrives in a challenging environment and seeks to provide
innovative and ecological solutions.
Agreement No. 4449
EDUCATION
■ BA, Social Ecology,
University of
California, Irvine, 2010
TRAINING & RSG
ACA DEM Y
■ Analysis 101
■ Blight
■ Tax
■ Affordable Housing
■ Real Estate and
Market Analysis
PROFESSIONAL
MEMBERSHIPS &
CERTIFICATIONS
■ ESRI Certified
Geographic
Information Systems
■ California Community
Economic
Development
Association
■ California
Redevelopment
Association