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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 City of El Segundo Professional Services (REV 2018.05) Page 1 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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"; City of El Segundo Professional Services (REV 2018.05) Page 2 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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 City of El Segundo Professional Services (REV 2018.05) Page 3 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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 City of El Segundo Professional Services (REV 2018.05) Page 4 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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. City of El Segundo Professional Services (REV 2018.05) Page 5 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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 City of El Segundo Professional Services (REV 2018.05) Page 6 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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 City of El Segundo Professional Services (REV 2018.05) Page 7 of 10 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. City of El Segundo Professional Services (REV 2018.05) Page 8 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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] City of El Segundo Professional Services (REV 2018.05) Page 9 of 10 Agreement No. 6071 Agreement No. [City Clerk assigns]_ 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 City of El Segundo Professional Services (REV 2018.05) Page 10 of 10 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