CONTRACT 6071 Professional Services AgreementAgreement No. 6071
Agreement No. [City Clerk assigns]_
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
11 ,,; THE CITY OF EL SEGUNDO AND
REVENUE & COST SPECIALISTS, LLC
This AGREEMENT is made and entered into this 6t" day of May, 2021, by and
between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and REVENUE & COST SPECIALISTS, LLC a limited liability corporation
("CONSULTANT"). The parties agree as follows:
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 Thirty -Four thousand Six Hundred Seventy -Five dollars
($34,675) 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 "A,"
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
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cure any shortcomings to CITY's satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
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. 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. 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.
7. TERM. The term of this Agreement will be from April 1, 2021, to March 31, 2022.
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";
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B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE..
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under
Section 22 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.
9. 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 (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.
10. 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: Scope of Work.
11. 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 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.
12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. 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.
14. 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
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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.
15.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's 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.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
16.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.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
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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.
18.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
Indemnification for Professional Services. Consultant shall
indemnify the City, its elected officials, officers and employees
from any demands, judgements, and all liability including, but
not limited to, monetary or property damage, lost profit,
personal injury, wrongful death, general liability, infringement
of copyright/patent/trademark, professional errors and
omissions, investigative expenses, attorney fees, and court
costs arising out of an error, a negligent act, or omission of
the Consultant, or the willful misconduct of the Consultant in
performing the services described in, or normally associated
with, this type of contracted work.
B. For purposes of this section "CITY" includes CITY's officers, officials,
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 22, 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.
19.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.
20.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 it is 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.
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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.
21.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.
22.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:
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
Limits
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the
requirements of the most recent ISO-CGL Form. 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
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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 01 06 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 15.
23. 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.
24.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 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.
25. 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:
Revenue & Cost Specialists, LLC
1519 E. Chapman Avenue, Suite C
Fullerton, CA 92831
Attention: Scott Thorpe
Phone: (714) 992-9027
Email: scott@_revenuecost.com
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If to CITY:
City of El Segundo
350 Main Street
El Segundo, CA
Attention: Joseph Lillio
Phone: (310) 524-2318
Email: 0ilfiio else and .or
Agreement No. 6071
Agreement No. [City Clerk assigns]_
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.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. 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.
28.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.
29.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.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. This Agreement will bind and inure to
the benefit of the parties to this Agreement and any subsequent successors and
assigns.
32. 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.
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33. 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.
34.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.
35.ACCEPTANCE OF ELECTRONIC 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 electronic (.pdf) or facsimile transmission. Such
electronic or facsimile signature will be treated in all respects as having the same effect
as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. 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.
39. 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]
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IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY ° F EL SEGUNDO
Sc" tt Mitnick,
City Manager
REVENUE & COST SPECIALISTS, LLC
Eric Jc sold, President
ATTEST:
.Try4r,
a .' ayer ID
y
C Clerk ..., .._�� CP
APPROVED AS TO FORM::L � � L�-- � `
for
Mark D. Hensley,
City Attorney
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AgreemMA071
Proposal Update the
For the City Development Impact Fee Schedule
May, 2021
Agreement No. 6071
May 3, 2021
Mr. Joseph Lillio, Director of Finance
City of El Segundo - City Hall
350 Main Street
El Segundo, CA 90245
RE: Development Impact Fee Nexus Calculation Proposal
Mr. Lillio:
Revenue & Cost Specialists, (RCS) is pleased to submit this Proposal outlining the
necessary and sufficient process to maintain the City's legally -supportable capital
planning structure and growth financing policy. This comprehensive approach to the
City's capital finances is provided in response to zoom meeting with you and other City
staff on December 9, 2020.
Revenue and Cost Specialists (RCS) staff recommends an updating and enhancing the
its existing schedule of development impact fees that recognizes the unique set of
circumstances that define El Segundo, its citizens and business community. The
infrastructure proposed to be included is as follows:
Law Enforcement Facilities, Vehicles and Equipment
Fire Suppression Facilities, Vehicles and Equipment
Circulation Improvements, (streets, traffic Signals and bridges),
Local Storm Drainage Collection Facilities,
Water Storage and Distribution
Wastewater Collection Facilities
General Facilities (city hall, corporate yard, and municipal fleet),
Aquatics Facilities
Public Use Facilities (community, senior, teen centers, et. al.),
Library Building and Collection,
Park Land and Open Space Acquisition and Recreation Facilities
Development and any other infrastructure provided by the City
allowed by Government Code §66000, et. seq. (often referred to as AB
1600).
Agreement No. 6071
Page 2 -- 05/03/21 City of El Segundo DIF Proposal
State court proceedings (Homebuilders Association of Tulare/Kings County vs. City of
Lemoore) and long-term federal court precedents (Dolan, Nolan et al.) establish a legal
need for a City-wide development impact fee nexus calculation study. In any legal
challenge the City has the initial burden of producing evidence to show that it used a valid
method for imposing impact fees. Such studies are not impossible, but simply need to be
undertaken, and occasionally updated.
As we point out in the enclosed Proposal, the strength of our capital planning system is
in the identification of long range capital facility and infrastructure needs based
consistent the City's General Plan. This provides the City Council with the capability to
utilize the proposed projects and their costs to make informed policy decisions. Our
analysis is one time, but the data and programs allow for ease in future updating.
We look forward to being of assistance to the City as it searches for ways to meet the
future infrastructure needs of its present and future citizens.
Sincerely,
SCOTT THORPE
Senior Vice President
Agreement No. 6071
PROPOSAL
Services To Be Provided - To insure that the City can continue to provide basic
municipal services by increasing its inventory of service -providing capital capacity,
RCS proposes to complete a Development Impact Fee Calculation and Nexus that
would consist of the following infrastructure:
1. Law Enforcement Facilities, Vehicles and Equipment
2. Fire Suppression Facilities, Vehicles and Equipment
3. Circulation Improvements, (Streets, Traffic Signals, Bridges)
4. Local Storm Drainage System Facilities
5. Water Sources, Storage and Delivery
6. Wastewater Collections System
7. General Facilities, Vehicles and Equipment (city hall, yard, and fleet)
8. Aquatics Facilities
9. Public Use Facilities (community, senior, teen centers, et. al.)
10. Library Facilities and Item Collection
11. Parkland and Open Space Acquisition and Recreation Facilities
Development, and any other Americans with Disabilities Act compliance
needed for any of the above infrastructure areas and any infrastructure
allowed by Government Code §66000, et. seq.
Scope of Worm. To provide the legal basis for the City's Development Impact Fee
schedule the following steps would be taken by the Revenue & Cost Specialist staff,
working with City staff where necessary and appropriate:
1. Review all maps, land -use documents and master plans, especially the
Comprehensive General Plan.
2. Do a field "windshield" survey to become acquainted with the physical
characteristics and general improvement needs and standards of the City.
3. Work with the Directors of Finance, Planning and Building Safety and Public
Works (and their designates) to determine and concur on the land -use based
development impact fee categories. Land -uses for which an impact fee would
be provided include the following:
[This space left vacant in order to place the following table on a single page],
Agreement No. 6071
City of El Segundo DIF Proposal
May, 2021
Category
Developed
Potential
Total
of Land Use
Units/Acres
Units/Acres
Units/Acres
Detached Dwelling Units
Attached Dwelling Units
Mobile Home Dwelling Units
Commercial Lod2ing Units
Commercial/Service S.F. Uses
Office S.F. Uses
Industrial S.F. Uses
NOTE: additional land -use particular to the City of El Segundo could be added.
4. Identify the existing Levels of Service (LOS) provided by the infrastructure
and appropriations currently afforded by the City.
5. Meet with City staff responsible for each infrastructure to assist in the
identification of all projects needed through theoretical build -out via use of
master plans, specific plans, and other service requirement studies.
6. Identify and analyze the demand driver specific to each infrastructure or
service area. The "drivers" are the factors of nexus demand related to each
land use and would be based upon the project plans or City productivity
records. Identify the amount of new demand for services that can be
anticipated form the City's remaining development opportunities of
privately -owned parcels.
7. Foster development of a specific list of projects and project costs of needed
capital improvements and acquisitions for each of the previously
recommended Development Impact Fee infrastructures based on the
anticipated new demands identified in Step #6 above.
8. Apply the RCS computerized formulas for the distribution of the benefits of,
nexus for, and impact of each group of projects on each of the above
categories of land use. Undertake the proportional analysis necessary to
identify the appropriate burden to be placed upon both the existing and future
infrastructure.
Agreement No. 6071
City of El Segundo DIF Proposal
May, 2021
9. Identify any "excess capacity" provided by the existing infrastructure, the cost
for which may be recovered from future residents and businesses.
10. Develop a specific fee structure for each of the previously listed potential
development impact fees.
Textual Nexus Support Document -
11. Prepare a comprehensive report consisting of the fee -structures and the
necessary relevant nexus text and Report with recommended fees and also
present the City with twenty sets of printing stock (covers and letterhead paper).
One draft report (cycle) is included in the proposal and then the final Report. Any
additional draft reports or final reports beyond those included in this proposal will
be invoiced separately at RCS hourly rates at an amount reflecting the
magnitude of the requested changes.
12 Meet with the City Attorney to review the relevant California State Statutes,
specifically Government Code §66000, et. seq., relating to land use and
definition of fees in light of current State of California and United States Supreme
Court rulings.
13. Attend a City Council study session and a public hearing of the resultant
fees, and the process through which they were determined.
Staff Time Required - RCS will require some time of each of the Director of
Planning and Building Safety, Director of Public Works, Director of Finance and any
infrastructure manager to develop the basic cost distribution structure, once the
capital needs are identified by the various planning documents and approved by
Council.
During the DI process, it is difficult for RCS decide what facilities the City needs or
wants, nor set development standards for the City. Due to 30 years of capital project
and impact fee experience, RCS can assist in the project identification process.
However city staff retains the primary responsibility for determining the projects
needed for the desired service levels or necessary to support the General Plan and
its many elements. RCS will first rely upon various reports, master plans, specific
plans, and other related reports identifying needed infrastructure.
Time requirements will vary depending upon the current availability of needed
information. An updated master plan will reduce the time necessary for project
identification and costing. Lack of one will require an engineer's time in creating the
costing information. RCS will use the best information possible to complete legally
supportable development impact fees.
Agreement No. 6071
City of El Segundo DIF Proposal
May, 2021
Fee for Services - The City has indicated the need for updated development impact
fees for the previously identified infrastructure. Based upon these needs and the
proposed scope of work, the flat fee for services for the various components is as
follows:
Fee for Services Total
Development Impact Fee Calculation $ 34,500
Textual Nexus Support Document (DIF Report) Included
Tota I $ 34,500
The above flat rate fee covers all RCS costs except any required business license
which will also be invoiced upon the conclusion of the project, The fee for services is
based upon a Zoom -based meeting basis. RCS would travel onsite to El Segundo
for an initial presentation to City Council and a public hearing, assuming that is what
the City desires.
Reimbursable Char es. RCS will also invoice for reimbursable costs (generally
limited to vehicle mileage and commercial delivery costs ) to a not -to -exceed amount
of $175 as follows:
• Non-commercial car mileage will be charged at $0.575 per mile;
• Mail and commercial delivery charges as incurred.
Invoicing Schedule. RCS will submit four equal invoices totaling the Fee for
Services.
First invoice ..............................................Two weeks after the kick-off meeting
Second Invoice ................................. Upon Presentation of draft DIF Schedules
Third Invoice ........................................Upon submission of the draft DIF Report
Fourth and Final Invoice.... ......................... Upon submission of final DIF Report
Agreement No. 6071
Project Staff - Scott Thorpe, Senior "dice President, will manage and undertake
Development Impact Calculation and Nexus Report effort and will be assisted by
Associate Gregory Brown. Professional qualifications for Mr. Thorpe are attached
hereto as Appendix A.
The RCS Staff have also contributed to the body of text of general public financial
management information through publication of articles and other writings. They are
available for downloading from our website www.revenuecost.com Described,
they are:
"Impact Fees: Practical Guide for Calculation and Implementation" is
considered by some to be the most concise primer on the calculation
of impact fees. This paper was presented to the American Society of
Civil Engineers at the Society's annual land management conference
and was then selected for publication in their September, 1992
Journal of Urban Planning and Development, (Vol. 18, No. 3),
pages 106-118. This document suitably demonstrates RCS's
understanding of the nexus requirement for legally -supportable
impact fees.
"Financing Capital Improvements" was published in the Journal (of
the) American Water Works Association, August, 1991, pages
50-52. This article, written at the AWWA's request, illustrates the
continuing importance of the capital improvement planning process
and simplifies its veneer of complexity. It also demonstrates RCS's
understanding of the relationship of the DIFs to the City's
Comprehensive General Plan and overall capital planning process.
"The Missing Ingredient in State -Mandated General Plans", Public
Management, International City Management Association", March
2014. Pages 21-22. The article addresses the lack of a requirement
for a Financial Component in the General Plan documents as to how
the General Plan infrastructure and operational service costs would
be supported.
Conflict of Interest - No principal of RCS has any financial interests in the City of El
Segundo that would preclude the completion of impartial work. RCS will complete
such declarations and file them with the City Clerk. Our only interest is in leaving the
City in better financial condition then before we started.
Legal Advice - RCS is not authorized to practice law, however we will offer
management advice on issues related to impact fee setting. The City is advised to
verify the legality of such issues prior to attempting to adopt ordinances, resolutions
Agreement No. 6071
and code modifications. The Report scope includes allowances for a zoom meeting
with the City's legal team.
Insurance Certificates - RCS maintains adequate insurance and will provide proof.
Reservation of Rights - Some of the concepts discussed in this proposal are
considered to be proprietary and are the property of Revenue & Cost Specialist. All
rights are reserved and no part of this work may be reproduced or copied in any form
without written permission of RCS. Expressed permission is hereby granted to the
City of El Segundo to make sufficient copies of this proposal to permit evaluation
thereof. No other use or distribution of this document is permitted.
The Revenue & Cost Specialist staff looks forward to being of assistance in bringing
the management advantages and the revenue fairness and equity benefits of our
System to the City, the Mayor, its City Council, and their constituents, and to City
staff.
END OF TEXT
Agreement No. 6071
APPENDIX A
Resume
Agreement No. 6071
SCOTT IAN THORPE
EDUCATION
Bachelor of Public Administration (B.P.A.) - San Diego State University
Master of Public Administration (M.P.A.) - California State University Fullerton
PROFESSIONAL EXPERIENCE
Revenue & Cost Specialists (RCS), L.L.C. - Senior Vice President
(1998-Present) The principals of Management Services Institute reformed MSI into Revenue & Cost Specialists, as an LLC.
Management Services Institute (MSI) - Senior Vice President
(1985-1998) Principal in a municipal management services company providing diversified municipal financial calculation
services.
City of Brea -Management and Budget Manager
(1984-1985) Developed budget preparation and management information reporting systems. Established initial personal
computer operations including acquisition, placement, and maintenance of all equipment to initial and on -going employee
training. Created a comprehensive legislative program for reviewing all federal, state, and local legislation.
City of Anaheim - Budget Analyst/Management Operations Auditor
(1979-1984) Assisted in the preparation of then $350,000,000 annual budget. Provided centralized management support and
assistance of line departments with a variety of services including work measurement and management techniques program
development, productivity improvement, internal management audits, budget review/analysis, revenue forecasting and auditing,
and data processing systems development. Specialized in management assistance to public safety, stadium, convention center
and golf operations. Responsible for fiscal, work -unit measurement and management training sessions required of all city
management staff.
City of Covina -Administrative Assistant to the City Manager
(1974-1979) Performed general program development with significant emphasis on the improvement of the budget process,
legislative, public information, and agenda process systems. Conducted a major annexation study and effort.
City of Chula Vista -Administrative Aide
(1973-1974) Entry level job which involved completion of a City-wide Policy and Procedure Manual, operation reviews of long
term fire vehicle equipment purchases and of the municipal bus system stop locations.
OTHER ACCOMPLISHMENTS
ABC Elementary School District Closure Project -Enrollment Projections
Charter Oak Unified School District Facility Closure Committee -Board Appointee
Guest Lecturer on various municipal government/management topics at two universities
PUBLICATIONS (all available at www.reveunecost.com).
"Financing Capital Improvements", Journal American Water Works Association, August, 1991, pages 50-52
"Impact Fees: Practical Guide for Calculation and Implementation", Journal of Urban Planning and Development, Vol. 18, No. 3,
September, 1992, pages 106-118
"The Missing Ingredient in State -Mandated General Plans", Public Management, International City Management Association", March
2014. Pages 21-22
Agreement No. 6071
Resume of Scott Ian Thorpe, continued
CLIENTS SERVED
DEVELOPMENT IMPACT FEE NEXUS STUDIES
City of Alhambra Utilities, CA
City of Anaheim CA, Fire/Police/Library Services (1)
Town of Apple Valley, CA
Antelope Valley Fire Protection District, CA
Apple Valley Fire Protection District, CA
City ofAtascadero, CA (1)
City of Baldwin Park Law Enforcement DIF
City of Barstow, CA Bridge/Interchange
City of Barstow, CA
Barstow Fire Protection District, CA
Bridgeport Fire Protection District, CA
Town of Big Bear Lake, CA (1)
Brigham City Corporation, UT
City of Calimesa, CA
Carpinteria-Summerland Fire Protection District, CA (1)
Chalfant Public Services (Fire) District, CA
City of Carpinteria, CA (1)
City of Chino, CA (2)
City of Chino Preserve (Sub -area II)
City of Colton Delhi Sands Flower -Loving Fly DIF
City of Coachella, CA
City of Corona, CA (1)
City of Corona - South Corona Specific Plan Impact Fees
City of Desert Hot Springs, CA (2)
City of Farmersville (IP)
City of Folsom, CA (1)
City of Gilroy, CA, Review of Existing DIFs
City of Glendale CA, Parks, Open Space and Community
Facilities
City of Gonzales, CA (1)
City of Grand Terrace, CA
City of Greenfield, CA, Police/Fire/Community Centers
Feather River Recreation and Park District
City of Hemet, CA (1)
City of Highland, CA (1)
City of Huntington Beach, CA
June Lake (CA) Fire Protection District
City of Jurupa Valley, CA
City of King, CA (1)
City of Laguna Hills, CA - Quality of Life DIFs
City of Lake Havasu City, AZ
City of Lemoore, CA
City of Livingston (IP)
Long Valley (CA) Fire Protection District
City of Loma Linda, CA (1)
City of Lompoc, CA
Town of Mammoth Lakes, CA (1)
City of Monterey Park, CA
County of Monterey Sheriffs Department DIFs
City of Morro Bay, CA
City of Morgan Hill, CA
City of Murrieta, CA (1)
City of Needles, CA (1)
City of Newport Beach, CA Circulation System DIFs
City of Norco, CA (1)
City of North Ogden City, UT
North Central Fire Protection District, CA
North View Fire Department, UT
City of Oceanside CA Storm Drainage
City of Ontario, Core/Ontario Ranch, CA (3)
City of Orange - Fire Services, CA
City of Oroville, CA
DEVELOPMENT IMPACT FEE NEXUS STUDIES (cont.)
Town of Paradise, CA
City of Paso Robles, CA
City of Palmdale, Quality of Life Impact Fees
City of Petaluma, CA
City of Pismo Beach Wastewater Recycling DIF
City of Rancho Cordova CA, Circulation System DIFs
City of Reedley, CA
City of Rialto, CA
City of Riverside Public Safety/Library
City of Riverside, CA Public Works & Public Safety Services
City of Riverside, CA, Parks/Open Space (K-Rat Habitat)
City of Santa Paula, CA
City of Sedona, AZ (1)
City of Selma, CA (1)
City of Sierra Madre, CA
SANBAG,CA
City of San Bernardino, CA (1)
County of San Bernardino, CA
City of Scotts Valley, CA
City of Solana Beach, CA
South Jordan City, UT (1)
South Ogden City, UT
City of Tracy, CA Public Facilities
Town of Truckee, CA
City of Tulare, CA
Washington Terrace City, UT
West Jordan City, UT
Wheeler Crest (CA) Fire Protection District
City of Wheatland, CA
City of Whittier, CA, Parkland and Facilities
MASTER FACILITIES PLANS/CIPs
City of Anaheim, CA Police/Fire/Library Services (1)
Town of Apple Valley, CA
Apple Valley Fire Protection District
Antelope Valley Fire Protection District
City of Atascadero, CA
City of Barstow, CA
Barstow Fire Protection District, CA
Bridgeport Fire Protection District, CA
City of Big Bear Lake, CA (5/10 year)
Brigham City Corporation, UT
City of Calimesa, CA
City of Carpinteria, CA
Carpinteria-Summerland Fire Protection District
Chalfant Public Services (Fire) Protection District
City of Chino, CA (2)
City of Corona, CA (1)
City of Folsom, CA (1)
City of Desert Hot Springs, CA (2)
City of Gonzales, CA
City of Grand Terrace, CA
City of Greenfield, CA
City of Highland (1)
City of Jurupa Valley, CA
(1) Includes one or more impact fee calculation updates.
(2) (IP) = In Progress
Agreement No. 6071
Resume of Scott Ian Thorpe, continued
MASTER FACILITIES PLANS/CIPs (continued)
June Lake (CA) Fire Protection District
The City of King, CA
City of Lake Havasu City, AZ
City of Huntington Beach, CA
City of Lancaster, CA
City of Loma Linda, CA (1)
City of Lompoc, CA (IP)
Long Valley (CA) Fire Protection District
Town of Mammoth Lakes, CA (1)
City of Morro Bay, CA
City of Monterey Park
City of Murrieta, CA (1)
City of Needles, CA
City of Newport Beach
City of Norco, CA (1)
North Ogden City, UT
North Central Fire Protection District
City of Ontario Core/Ontario Ranch, CA
City of Oroville, CA
City of Orange, CA Fire Suppression System
Town of Paradise, CA
City of Paso Robles, CA
City of Rancho Cordova (CA) Circulation System City of
Riverside, CA Police/Fire Services
City of San Bernardino, CA
City of Santa Paula, CA (1)
City of Sedona, AZ
City of Selma, CA (1)
South Jordan City, UT (1)
South Ogden City, UT
City of Tracy, CA, Public Facilities
Town of Truckee, CA
City of San Bernardino, CA
City of San Bernardino, CA Storm Drainage
Wheeler Crest (CA) Fire Protection District
City of Wheatland, CA
City of Whittier Park System
MISCELLANEOUS PROJECTS
City of Azusa, CA - Plan Check/inspection Process Review
Brigham City Corporation - Closed Indian School Use
Conversion
City of Calimesa —Affordable Housing In -lieu Fee (IP)
City of Colton, CA - Electric Utilities Collection Procedural
Manual
City of Corona, CA - 1-15 Area Public Safety Facility Financing
City of Corona - Communication Repeater Cost Financing
City of Fontana, CA - General & Departmental Overhead Plan
City of Hemet, CA - Supplemental DIF - Public Peril Report
City of Highland, CA - Capital Financing Plan
City of Highland, CA - Fee and Rate Schedule
City of Huntington Beach -Accessory Dwelling Units
City of Lake Havasu City, AZ - Capital Financing Plan
City of Lancaster - Zero Net Electricity Home Program
City of Loma Linda Accessory Dwelling Unit DIF
City of Long Beach - NPDES In -lieu Fee Calculation (IP)
City of Los Altos - Existing DIF Review
Los Angeles Fire/Police Retirement System - Fiscal Review
City of Needles - Development Agreement Assistance
City of Milpitas - Business License Ordinance Review
City of Redlands, CA - Corporation Yard Debt Financing Cost
Distribution
City of Redlands, CA - Solid Waste Collection/Landfill Rate
City of Redlands, CA - Street Sweeping Rate Study
City of Pico Rivera - Business License Ordinance Review
MISCELLANEOUS PROJECTS (continued)
City of Port Hueneme, CA - Revenue Search Report
San Bernardino County, CA, Special Dist. Office, Finance
Review
City of San Clemente Business License Review
Santa Clarita Old Town Newhall Parking Facilities in -lieu Fee
City of Santa Paula Park General Plan Element
City of Seaside - Hayes Housing Development Service
Demands
South Jordan City- Business Regulation Costing
City of South Lake Tahoe, CA - Transfer of Custody Cost
Verification
City of Westminster, CA - Productivity Measurement Module
Town of Windsor, CA - Long Range Capital Financing Plan
City of San Bernardino, CA - Verdemont Area Financing
Analysis
ASSISTANCE TO CITY'S ATTORNEYS (CONFIDENTIAL)
Burke, Williams and Sorenson, Expert Witness
Cohen and Berliner- Litigation Assistance
Rutan and Tucker - Litigation Assistance
Thousand Oaks DIF Review
San Diego County Counsel - DIF Use Litigation Assistance
San Diego City - Building & Safety Fee Litigation Assistance
MUNICIPAL BUSINESS SYSTEM COST OF SERVICES
CALCULATIONS
City of Azusa, CA
City of Banning, CA
City of Brea, CA
City of Bend, OR
City of Carpinteria, CA
City of Carson, CA
City of Chino, CA
Chino Valley Independent Fire District, CA
City of Corona, CA
City of Cotati, CA
City of Fontana, CA
City of Hesperia, CA
City of Highland, CA
City of Kennewick, WA
City of Lake Elsinore, CA
City of Long Beach, CA, Marine Bureau
City of Lynwood, CA
City of Ontario, CA, Fire Department
City of Porterville, CA
City of Rancho Mirage, CA
City of Redlands, CA
City of Rialto, CA
City of Rocklin, CA
South Jordan City, UT
City of Shafter, CA
City of Taft, CA
City of Upland, CA
City of West Covina, CA
County of Imperial, CA
County of Ventura Consolidated Fire District, CA
INTERNATIONAL MANAGEMENT INSTRUCTION
Slovenia Ministry of Local Affairs (municipal services)
Philippine Ministry of Economic and Capital Development
(1) Includes one or more updates
(2) (IP) = In Progress