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HomeMy WebLinkAbout3/11/2014 - AGREEMENTS S CONSULTING SERVICES AGREEMENT VACATION RENTAL FEE ASSESSMENT-A6491 CAPITAL ACCOUNTING PARTNERS, LLC THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on December 1, 2019, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Capital Accounting Partners, a Limited Liability Company, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a consulting firm, for an assessment of the City's Vacation .Rental Fees, ("Project"). B. Consultant has submitted to City a proposal to provide an assessment of the City's Vacation Rental Fees,to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide an assessment of Vacation Rental Fees, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.'Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent'with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1 Revised:1/31/1 S 720599.1 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $16,586. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty(30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 2 Revised:1/31/18 720599.1 S 4.3 Force Maleure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be . final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for the remainder of fiscal year 2019-2020, commencing on December 1, 2019, and ending on June 30, 2020, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. S. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Dan Edds, Project Manager. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of-Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's 3 Revised:1/31/18 720599.1 express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred,voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall.have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Dan Edds, MBA, PMP Partner 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to'property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, . agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action 4 Revised:1/31/1 B 720599.1 is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or sub-Consultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition; Consultant shall require all non-design-professional sub- Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership 5 Revised:1/31/18 720599.1 of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative.The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to 6 Revised:1/31/18 720599.1 compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement: 10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with'its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensurethat applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Revised:1/31/18 720599.1 To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Capital Accounting Partners, LLC(CAP) 3570 Buena Vista Drive Sacramento, CA 95864 Attention: Dan Edds, MBA, PMP 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement-shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to.confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound,for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 8 Revised:1/31/18 720599.1 1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: l ZI(�� ��GIGI By: David H. Ready, PhD City Manager APPROVED AS TO FORM: ATTEST - n By. B Jntho�ny JfreyS. allingr Meji City Attorney City Clerk "CONSULTANT" Capital Accounting Partners, LLC Date: � � � aJ By e�a� Name Title Date: Q ICJ l L Name Title Not TO Exceed$ Without The Express Written Authorization Of The City Manager. 9 Revised:1/31/18 720599.1 CALIFORNIA ALL-PURPWE ACKNOWLEDGMENT CIVIL CODE§1189 r.<s �aa:x< sM'M a<r_<r.< <re:<.^.,C:al'.d•.dae�xs:_o:_+.�;is,�n,s wrnsmms.�sae A nawyt public or other olftcer Ong We xarfflwte verify cgLV the identity of the kdi ki4cal who signed the document to which this cartificate is attached,and not the trulhfulnem accrraW,or vafdrtyt of that docurrsnt State of CaT&rrfia } Oourrty of t�..Ii— �{I'17 U YL1 i f7 Q p ^ On e and Ttte of the personally appeared 6%11 al C Narnefo)I Pier �l �y(var�n of Signar() who proved to me on the Isis of astidsctory evidence to be the persons)whose names) Ware subscribed to the v&f m instrument and acknawledged to me that hefshafthsy executed the same-in his/herftheir authorized capeo tykes},and that by his(her/thaw signatur*)cn the inukur writ the penaan(s), ar the entity upon behalf of which the paman(e)acted.executed the instrument I cartify under PENALTY CF PERJURY uriafer tfhe Dunn " of the State of California.th atoicis true and carrecL BARBARAANHAEUSER WITIMMS my band and officiallee /-f COMM.#2172336 00 v4amy Notary Public-Californians mSAN BERNARDINO COUNTY SignaSignature Comm..Exp.Nov.18,2020 r g e.r.ftw, x Place Notary Sit Above OPTIONAL Though this sac-gar;is apffiandl,cornpletirag Mis intbaw fan can debitsfterafFbn of the albeurnent ar fraudulent nNnYacltmant of fhra form to an unintended document Description of Attached Document Title or Type of Document Document Dmte:. Number of Pages Signers)Other Than Named Above: Capa,ciWes)Claimed by Signer(s) Signers Name: Signer's Name: ❑Corporate Officer—Tdle(s}, ❑Carporde Officer—Trt1a(z): ❑Partner— ❑Limited ❑General ❑Partner— ❑Limied ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardan or Conservator ❑Other_ ❑Other Signer Is Representing: Signer In Repnesenting: 02D14?rational iNalW Amaci t-www.Nafimm Nabuy org•14IGG-US NOTARY(1-BDD-87&6627) Hem#5 W7 10 Revised:1/31/18 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 1 I Revised:1131/18 720599.1 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:1/31/18 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 13 Revised:1/31/18 720599.1 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. S. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. - 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. 14 Revised:1/31/18 720599.1 All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:1/31/1 S 720599.1 CONSULTING SERVICES AGREEMENT Comprehensive Fee and Rate Study Capital Accounting Partners, LLC TIIIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on September 20, 2017, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Capital Accounting Partners, LLC, a Limited Liability Company, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a Comprehensive Fee and Rate Study, for the City of Palm Springs Development Services, ("Project"). B. Consultant has submitted to City a proposal to provide comprehensive review of the City's Development Services Fee Study - 2017 Update, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terns set forth in this Agreement, the terms set forth ur this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. ORIGINAL BID AND/OR 1GREEMENT Revised,4,27117 720599.1 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in F,xhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed TEN THOUSAND SEVEN HUNDRED TWENTY-FIVE Dollars, S10,725.00 (Maximum Contract Amount). 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. Revised:4/27117 720599.1 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 months, commencing on September 20, 2017, and ending on December 31, 2017, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Nicolie Cass Lettini, MBA, Partner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shalt be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 3 Revised:4/27117 720599A 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. in addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Dan Edds, MBA, PMP Partner 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit"B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent pernitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses 4 Revised:4127/17 720599.1 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising fiom injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shalt the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier tennination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desisn Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party"; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any tern, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 5 Revised:4127117 �2Os9g.1 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the tennination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be 6 Revised:4127117 720599.1 employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 von-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. Consultant shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non- discrimination in city contracting. 7 Revised:4/27/17 720599.1 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Capital Accounting Partners, LLC (CAP) 3570 Buena Vista Drive Sacramento, CA 95864 Attention: Nicolie Cass Lettini, MBA Dan Edds, MBA, PMP Telephone: 916-670-0001 Facsimile: 309-404-0697 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 8 Revised:4/27117 720599.1 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: 0 l B ;avid H. Ready, PhD City Manager APPROVED By CRy MANgGER APPROVE S TO FORM: ATTEST L::: By: By: Edward Z. Kotkin Kathleen D. Hart, MMC City Attorney Interim City Clerk "CONSULTANT" Nicolie Cass Lettini Date: �� 17 By (name) f 1 CAI i p n fhb I/1 (pr•esideni) Date: / (name) Not To Exceed $ / �b� Without The Express Written (secretan) Authorization Of The City Manager. y Revised:4/27n7 ??0599.1 CAUFIMIA ALL PURPOSE ACI[NOMLEDIMIENi Crvx CODE§1189 A noisy pudic or aver alko ca q*MV n®cwbkzb vended sly ffie idw"of the iirivah al sla aipmd tre domes at m which the cart-111 s aarmh .end rot tm twhhdr %noasaW ar validly of ere[d=r=rFL Shile of Callania > GouolY of 5"=ra m s n ) On 25e�- :Z-`d 7L20�-7 bakim nm. r�.rmy A.'bt kc Date Hera m mm and Taye of AM attar persormty appeared /tliC-7/:r JfBsS who proved Ito me an the lhaais of satisfactory evidence to be the persor4o whom names) ialare subscribed to the within isburnerrt and acknowledged to me lhd he~hay ehreaded the acme in haAwwAhw adho imd cepacly(m),and tot by hia4mrMmr aigrature(a)on the imhhm ad the peraorr{a), or the edify upon behalf of which the peraar"aclerl.maamded the irmburrent. I cardry under PENALTY OF P6iJURY,.der the tawa or the Sbde of OW mid that the faepdarg paragraph ie true and coneaL 0M R mm 00 YyrrPEBs my hmmd and etticid aaal. COMA N27^T5.,9�54 NOTARY PUBLIC•GNFOF M SACRAMENTO COUNTY Came.Emires DEC.17,2020 3ignshse ;ANAMMMMW � r Natary d G' Ptace NNobvy sear Above OPIFIONAL Tihouo fts sacbm m aphorAd.oowq)b ng tide irbbmrabon can elader altaratxm of the document or htauddant raattsysrmrd of M03 form to an udvriwrded docranwd Dmmpbm of At*dmd Dorasrrent Tr6e or Type of Document r.4 r Doeummil Date: Nunber of Paged: Signer(a) Olh r Than Named Above: Capecitom"Claired by ig9wrta) agner"a None: 3i �rrra_ ❑Corpaale officer—Tilei{s}: sheer—Tile(e)_ ❑Partner— ❑Linilad ❑G mral - ❑partner— ❑Lirnted [IGenmW ❑Individual ClAtfomey-- ❑Indvidml ❑Aftmey in Fact ❑Truefte Cl or Conservator ❑TruaNe ❑(kardan or Caraervalor ❑Ohrer_ ❑Ottar. Signer la 'ng: Sgner Is Repremning: W014 Neimai Nagy Aaaocielim-www.NahasNolay ag•1-NO-US NOTARY 0-ODD-676-8827) item 46907 10 Revised:4127117 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 1 Revised:4127/17 720599.1 CAPITAL COUNTING PARTNERS, LLC www.wpitalauountingpartnemcm "We give you a product we are PROUD to put our name on." September 18, 2017 Geoffrey Kiehl Director of Finance and Treasurer City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 RE: Review and comparison of development services costs In-scope: This proposal covers a review and comparison of hourly rates and charges for positions operating in development services. Specifically: • Building & Safety; • Development Engineering; and • Planning Services. The project will calculate the direct costs for each position based on fiscal 2017 budget year. These rates will be calculated by adding all salary & benefit cost plus a prorated amount for services and supplies. Citywide overhead rates will be adding by calculating the average increases in labor rates for calendar years 15/16, plus 16117, and 17/18. From these calculations, an average cost per FTE will be calculated. Comparisons will be made against these same years. In summary, average costs for each position will be calculated. The following chart will outline the deliverable of this project: Wages Original Model Fiscal 15-16 Fiscal 16-17 Fiscal 17-18 Benefits Services and Supplies Allocated Overhead Total Costs Total FTE Average Cost/ FTE Nicolie Cass Lettini, MBA Dan Edds, MBA, PMP 916.670.0001 425.269.8854 nlettiniamycaoartner.com danedds@mycapartner.com Out-of-Scope: This project will not cover the re-calculation of individual user fees, total division or departmental costs, or cost recovery rates for the individual work units. Nor will this project calculate total productive hourly rates used in for billing purposes as these rates will incorporate administrative costs and support costs such as customer service. Cost Proposal: The estimated cost for this project follows. Total Hours 65 Hourly Rate $165. Total Project Cost $10,725 Presentation to City Council or $3,500 (including travel equivalent expenses) Optional Project Addition: If the City determines that a complete update of user fees, including all development services, Fire Prevention fees, and Police fees is warranted the following will summarize a project budget: Calculate new costs for development services fees $34,500 (building, planning, and development engineering Update the indirect cost allocation plan (no OMB A- $13,000 87 compliant Ian Expenses $2,500 Total budgeted costs $50,000 Thank you for the opportunity of submitting these proposals. Respectfully Daniel B Edds, MBA, PMP Partner Page 2 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 1 Revised:4/270 7 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars (S1,000,000.00) combined single limit coverage per occurrence and two million dollars (S2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars (S2,000,000) annual aggregate is: V/ required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and t 3 Revised:4l27I77 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, emplovees, and agents care named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all workpeafbrmed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over anv insurance or self- insurance the City may have..." ("as respects City of'Pahn Springs Contract Na" or 'fbr any and all workperformed with the Citv" may be included in this statement). 3. "Should an v of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised 4127i17 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. j Revised 4/27117 7205".1 CONSULTING SERVICES AGREEMENT Comprehensive Fee and Rate Study Capital Accounting Partners, LLC TIIIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on June 21, 2017, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Capital Accounting Partners, LLC, a Limited Liability Company, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a Comprehensive Fee and Rate Study, for the City of Palm Springs Parks and Recreation, ("Project"). B. Consultant has submitted to City a proposal to provide comprehensive review of the City's Recreation Fee and Revenue Study, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. ORIGINAL BID ' AND/ORAGREEMENT Revised 4/27117 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work tinder this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed NINETEEN THOUSAND AND SEVENTY FIVE Dollars, $19,075.00 (Maximum Contract Amount). 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chances. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:4127;17 7�11j99.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be perfortned under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 5 months, commencing on July 1, 2017, and ending on December 31, 2017, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Nicolie Cass Lettini, MBA, Partner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any 3 Revised:412M 7 120i99.1 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. .5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager. the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Dan Edds, MBA, PMP Partner 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney tees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, 4 Revised:4127/17 72Q>99.1 or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Deshm Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 5 Revised:4/27/17 7?0>99.1 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the tennination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records. and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Patties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 6 Revised:4127117 '2US99.1 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. in addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Emplovees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the tenns of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the terrn of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. Consultant shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing 7 Revised:3127117 "0399 I if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant_ Capital Accounting Partners, LLC (CAP) 3570 Buena Palm Springs Drive Sacramento, CA 95864 Attention: Nicolie Cass Lettini, MBA Dan Edds, MBA, PMP Telephone: 916-670-0001 Facsimile: 309-404-0697 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Partv Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. $ Revised:4127117 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: ' ,K By David H. Ready, PhD City Manager A�P�PROVED BY CITY MMJAGInER ;APPROVED TO FORM: ATTEST Ala��5 �� ►`C��R� By: LL4V; Edward Z. Kotkin Kathleen D. Hart, MMC City Attorney Interim City Clerk "CONSULTANT" 1 Nicolie Cass Lett' Date: By : C (name) (president) Date: (name) (secretart) 4 Revised,4/27117 2,o 991 CALIFD LA Au.4KsW4M ACIUIoWn.Eo EKF CwL CODE§11 go A relay pudic OF other dicer oonipeurg the cwt&CM varie.my tlw id.rt1 of Ilia tdsidd do signed de uiocusneer m unnhidu the a otmc►rd sd not theauMrireee,acoas�c or vsidty oi tlier doaerart &me of comarrsa ) COLKAyO ) On before me. Data Hero Assert Name and Tide of No Oliber peesorwhr appeared +Yawl of SwupMl whD proved to me an the ban of aihiclDry evidence b be the pernalom whom rwmO(a) i hffe oubecrbed to the with iuburned and wWwaiedged b me that hafaheAhey mec ted the same in he✓fn Alw w sathoriu od capec4f as).end that by hosAwAhw agnuadrre(a)an the ivrhormert tha person(81. or the mMy upon bel wiF of which the person(O acimi executed the rstrunent 1 certify under PENKLTY OF PERJURY under the Iowa of eve Stab of Cafdarnia Bum the foregoing paragraph is true a d correcL WITNESS my had and offioel seaL SWIMILse of Alotery PUW Plan Nomry Saul above Dpnatfr4c Though tMa seeban in aptiou aC oxr40wft this sabrnuAlon can deter aiaaBom of ft a000mert or 6audulart readecronarrof tlia farm b an umbrterded document Dee=gAon of Attached Doman rd Trio or Type of Documert DcasraN Dula Number of Pages Sguer(s) Obw Than Named Above: Cepacftyft*Cleined by siigneg(e) Sigbwa Name SlgnWeNams ❑corporlde Officer—Tuaw ❑capoa>e Officer—Tilew ❑Parhia— ❑Limited ❑General ❑Partner— ❑Lsnited ❑General ❑Individuei ❑AtIomay,in Fact ❑Individual ❑Atbray in Fat ❑Tru sbe ❑QVarian or Cauervdor ❑Tnsbe ❑Gu araan or Q xwervator ❑Ogren ❑Oinr Signer Is Flepreaerimg: tiger a Fbpeserbng: eM4 Nmavnt Plumy Amm cobm•vwwAmbmut4abry.otg•14KO- 3 WTARY(1-1XW&aV7) ion#5WT 10 Revised:4/27/17 7?pi99.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 1 Revised:4,27117 '10N9 I Recreation Fee and Revenue Study June 14, 2017 J e r CAPITAL ACCOUNTING PARTNERS, LLC 3570 Buena Palm Springs Drive Sacramento, CA 95864 TABLE OF CONTENTS Letterof Transmittal.....................................................................................................................................3 Capital Accounting Partner's key individuals........................................................................................3 Why Capital Accounting Partners?.......................................................................................................4 ProjectSummary...........................................................................................................................................5 Our Understanding of Project Scope and Objectives ...........................................................................5 Approach...............................................................................................................................................5 Statementof Work(SOW)............................................................................................................................6 StepOne:...............................................................................................................................................6 StepTwo: ..............................................................................................................................................6 StepThree:............................................................................................................................................6 StepFour:..............................................................................................................................................6 StepFive:...............................................................................................................................................7 StepSix:.................................................................................................................................................7 OurExperience..............................................................................................................................................7 ProjectSpecific Experience...................................................................................................................7 ProjectBudget and Timeline.........................................................................................................................8 Basic Information of the Firm .......................................................................................................................8 A. Company General Information.........................................................................................................9 B. Qualifications and Experience of Proposed Project Team ....................................................................9 Summary of Qualifications for Daniel B. Edds, MBA, PMP...................................................................9 Summary of Qualifications for Nicky Lettini, MBA .............................................................................10 FullResumes:.......................................................................... ...................................................................11 Nicolie Lettini, MBA—Primary Cost Plan Consultant..............................................................................11 Daniel B. Edds, MBA, PMP—Primary User Fee Consultant.....................................................................12 Capital Accounting Partners Quote for City of Palm Springs Page 2 Letter of Transmittal June 14, 2017 Geoffrey Kiehl Director of Finance and Treasurer 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 Re: Recreation Fee and Revenue Study Capital Accounting Partners, LLC (CAP) is very pleased to provide for your consideration our proposal to partner with the City of Palm Springs in the preparation of a recreation fee and revenue study. This will update and build on the project that was completed in 2014 with a similar but limited objective. The objective of this project will be the following: • Calculate the full cost of recreation services, including the City owned golf course and facilities, based on fiscal 2017 budget; • Calculate and compare full costs with revenues for each major recreation program; • Identify high revenue recreation activities; • Compare recreation services and non-citizen policies for other Coachella Valley communities; and • Work with the City Council Advisory Committee to develop cost recovery objectives, policies and a plan to meet these objectives. • Nicky Lettini, MBA is the owner& principal consultant, she will be managing the preparation of the cost allocation plans. Nicky has: • Prepared over 600 complete cost plans and cost of service analysis in her fifteen years of consulting; and • Defended numerous cost plans and ICRP/ICAP with auditors and cognizant agencies and has succeeded in all of them. • Daniel Edds, MBA, PMP will be the principal consultant on the user fee study. Besides nearly 20 years of experience consulting with local and State government agencies, Dan brings several specialized skills to the City of Palm Springs: • Senior Baldrige Quality Criteria examiner; • Certified group facilitator; • Certified in strategic planning; and • Author of articles on the role of user fees in municipal government. Capital Accounting Partners Quote for City of Palm Springs Page 3 Capital Accounting Partners has extensive experience, skills,talent,and the most reliable software platform to complete this project to your specifications and complete satisfaction. The following will outline a few of the benefits you will receive by working with CAP: Experience: Consultants assigned to this project have over 30 years of experience in the preparation of cost allocation plans and user fee studies. Partnership: We believe that a true partnership in the approach produces better results. Quality: With our designed processes and state of the art software, the City can be confident the results are accurate and thoroughly defensible. Efficiency: Our designed processes have been developed throughout our experience to eliminate wasted effort and deliver your project on time and on budget. Transparency: Transparency. Our systems and approach is designed for transparent results and analysis. Additional factors to take into consideration during your evaluation of the proposal are: Small Business Certification (#0046082) — Capital Accounting Partners, LLC has received certification from the Office of Small Business and DVBE Services, Procurement Division, Department of General Services, State of California. In addition, we are a majority woman- owned business. Thank you for the opportunity to submit this proposal. We look forward to working with you and developing a process which will allow additional reimbursements into the City of Palm Springs's General Fund that can help provide resources in areas that may be lacking. Sincerely, Nicolie Lettini, MBA Owner Questions regarding this proposal can be addressed to: Dan Edds 425.269.8854 danedds@mvcapartner.com Capital Accounting Partners Quote for City of Palm Springs Page 4 Project Summary of Project Sc op- find Ob e'ct:ves, The following outlines the objectives of this project: 1. Calculate the full cost of recreation services, including the City owned golf course and facilities, based on fiscal 2017 budget; 2. Calculate and compare full costs with revenues for each major recreation program; 3. Identify high revenue recreation activities; 4. Compare recreation services and non-citizen policies for other Coachella Valley communities; and 5. Work with the City Council Budget and Finance Subcommittee to develop cost recovery objectives, policies and a plan to meet these objectives. These objectives are intentionally broad.To narrow the scope and insure the Council receives a service of maximum value,we propose establishing specific objectives through our standard pre-project planning process.This planning phase will narrow the scope,define specific objectives,and articulate deliverables. 's p s;t#1.1 Our approach to every project is to establish strong working relationships with our clients and the internal project manager.This serves two goals: 1. It facilitates a better experience for our clients; and 2. It provides the platform for accurate results. Project Specific Approach For this project,we would: 1. Update the data developed in 2014: 2. Determine what additional data is required to meet the objectives of the City Council Budget and Finance Subcommittee; 3. Conduct analysis of revenues required to meet the objectives of the subcommittee; 4. Conduct surveys of other Coachella Valley communities to research policies and practices regarding: a. Nonresident policies and practices; b. Major recreation programs and fees; and c. A comparison of similar practices with the City of Palm Springs Recreation Department. Capital Accounting Partners Quote for City of Palm Springs Page 5 5. Develop action plans to meet the objectives of the City Council Budget and Finance Subcommittee and present these to the Council. Statement of Work (SOW) Based on the general approach outlined above, we propose the following work plan. This plan is still broad by design.This will allow us to provide flexibility and the ability to adjust the SWO based on input from the City Council Budget and Finance Subcommittee. Step Osi : Review 2014 study and determine opportunities to create additional value for this new project. Meet with the project team and facilitate their identification of: 1. Specific project objectives; 2. Specific project deliverables; 3. Broad project timelines; and 4. Broad project activities designed to meet the objectives and deliverables. This will be a facilitated discussion led by Dan Edds. Step T hvi,�e Structure and schedule a set of specific action items to meet the objectives of the project. We anticipate these to be: • Additional analysis of recreation participants segmented by program; • Analysis of resident vs nonresident participation segmented by program; • Comparisons with other Coachella Valley communities, as required; and • Updating the 2014 study to the 2017 budget. Present data and analysis to City management: • Identify gaps in data or analysis; • Insure analysis will meet the objectives; and • Review and modify as required deliverables. Capital Accounting Partners Quote for City of Palm Springs Page 6 Step Five: Work with recreation staff and leadership to develop specific tasks,action items and modifications to the Department that will meet the deliverables established by the City. Step Six: Present findings and action items to Council for adoption. This will involve: • Compiling the analysis; • Presenting the results into a report; • Presenting findings, analysis and recommendations to the Council. Our Experience The team we are proposing to the City of Palm Springs is one of the most experienced in the West Coast. • Nicky Lettini (owner of firm) has personally prepared over 600 indirect cost allocation plans. In addition, she has the perspective and experience of having defended numerous cost plans and ICRP/ICAP with auditors and cognizant agencies and has succeeded in all of them. • Dan Edds (partner in the firm) has personally conducted over 70 user fee studies with most of them having a development services component. In addition, he brings the added experience of expertise in process and project management. He is a certified Project Manager Professional (PMP)as well as a certified lean practitioner. Project Specific Experience Dan Edds is highly experienced in the analysis of costs, revenues and operations of recreation programs. He has provided this type of analysis for many communities in the western region. In the latter half of 2016 he provided an extensive analysis of costs, revenues, and fee programs for the Sunriver Home Owners Association. This is a destination resort and year-round recreational community just south of Bend, Oregon. Specific recreation programs and facilities include: • Two aquatic centers; • Tennis/Pickleball courts; • Summer day camps; • Facility rentals; and ., • Special events. ` The signature facility is a 22-acre world class aquatic park which features _ multiple pools and 5000 SF venue for i conferences and special meetings. , r Capital Accounting Partners Quote for City of Palm Springs Page 7 Project Budget and Timeline The following is our budget for this project. It is a fixed, not to exceed project budget. We invoice monthly based on the work required. Consultant Hours and Costs Lettini Edds Totah Recreation Cost and Revenue Analysis $ 165 i$ 165 Review 2014 study and determine opportunities to create additional value for this new project. 6 $ 990 Meet with City and Recreation leadership to facilitate their identification of project objectives and deliverables. 3 $ 495 ...--_......._......._......._......._......._......._.....__._..._.. .. ..._......_.....__._...---__._.._...-- Structure and schedule a set of speck action items to meet the objectives of the City. 48 $ 7,920 Present data and analysis to City management 12 $ 1,980 Work with recreation staff and leadership to develop specific tasks,action Items and modifications to the Department that will meet the deliverables established by the Finance Committee. 24 $ 3,960 Present findings and action items to Council for adoption. _ 12 $ 1,980 _...._......._......._......._......._......._......._......._......._......._.........- ------._.__.._.._...................._.......__ ......_.._..._......._....._._...._.__. _.._ Expenses: 1,750 $ Budget The following is our timeline to complete the project by October of 2017. Schedule By Tasks July A " Wkl Wk2 Wk3 Wk4 Wkl Wk2 Wk3 Wk4 Wkl Wk2 Wk3 Wk4 Review 2014 study and determine opportunities to create additional value for this new project. Meet with City and Recreation leadership to facilitate their identification of project objectives and deliverables. Structure and schedule a set of specific action items to meet the objectives of the City. Present data and analysis based on the 2014 study to City management Work with recreation staff and leadership to develop specific tasks, action items and modifications to the Department that will meet the deliverables established by the Finance Committee. Present findings and action items to Council for adoption. Basic Information of the Firm Capital Accounting Partners Quote for City of Palm Springs Page 8 A. Company General Information Capital Accounting Partners, LLC(CAP) Legal name of firm Address 3570 Buena Palm Springs Drive, 1 Sacramento,CA 95864 6046 118"Ave SE I Bellevue,WA 98006 Legal form of company Limited Liability Corn pany Telephone Sacramento:916.670.0001 Bellevue:425.269.8854 Fax 309.404.0697 Years in business Capital Accounting Partners was incorporated in 2007 Full-time personnel � Nicolie Cass Lettini, MBA ! Dan Edds, MBA, PMP B. Qualifications and Experience of Proposed Project Team Our two consultants for the project represent over 30 years of experience in the preparation of cost of service studies and operational assessments. This includes organizational performance, project management, facilitation, and strategic planning. Summary of Qualifications for Daniel B. Edds, MBA, PMP Dan Edds will provide overall management of the project and will be the City's primary point of contact. Education Master Degree in Business Administration, International Business, Albers School of Business and Economics, Seattle University Certifications: Project Manager Professional (PMP) Strategic Planning Group Facilitation Lean Practitioner Balanced Scorecard Other Baldrige Quality Criteria - Examiner Publications and Training Provided Author: Transformation Management, Spiro Press, London, England Government Finance Review (GFOA) articles on user fees and performance management in the public sector j Regional trainings(OMFOA, WFOA,etc) Capital Accounting Partners Quote for City of Palm Springs Page 9 User Fee Studies Calculating full cost Performance management Introduction to Activity Based Costing Government Finance Officers Association: Performance management (both national and regional trainings) Summary of Qualifications for Nicky Lettini, MBA Nicky has over 16 years' experience in the preparation of Indirect Cost Allocation Plans. This is her exclusive focus so the City will be hiring one of the most knowledgeable cost plan consultants in the country. Furthermore, with her experience of preparing over 600 cost plans, the City can be assured that she will be able to address any problem that may be encountered. In addition, she is one of the few cost plan consultants that has defended numerous cost plans and ICRP/ICAP with auditors and cognizant agencies and has succeeded in all of them. --------------- Education Bachelor of Science in Managerial Economics from University of California, Davis and has her MBA in Accounting from California State University,Sacramento. Training and Certifications: ; OMB A-87 specialized training, provided by Management Concepts. This is a state j approved course to learn the details of Super Circular 2 CFR Part 200 compliant plans. Capital Accounting Partners Quote for City of Palm Springs Page 10 Full Resumes: Nicolie Lettini, MBA — Primary Cost Plan Consultant - Nicky has prepared over 600 complete cost plans and cost of service analysis in her fifteen years of consulting. As a former senior consultant with Maximus and Public Resource Management Group, LLC (now MGT), Nicky gained a broad base of experience working for state and local governments throughout California, Nevada, Oregon, Washington,Texas, New Mexico, and Colorado. Her excellent working rapport with the State Controller's staff and her ` genuine desire to help her clients provides a level of service second to none. - Because of her strong desire to provide unprecedented customer satisfaction Nicky formed Capital Accounting Partners, LLC (CAP) in partnership with Tillman Sherman. Her reputation for attention to detail and responsiveness to client needs quickly built her client roster. Nicky's number one goal in every project is to provide the highest level of service to her client. She brings a depth of knowledge and experience to the complexities of cost plans and cost of services analysis. Most importantly she spends the time necessary working with you and your staff on the level of detail needed to take full advantage of every benefit the cost plan can provide while assuring costs are properly allocated by department. Nicky is able to identify practices and procedures to make future plans easier to prepare. She will offer alternatives for improving the process, when appropriate. Her commitment is to see that the plan is done right the first time while exceeding all of your expectations. In addition to Nicky's commitment to her clients, she is also committed to staying abreast of local government rules and regulations including the Office of Management and Budget A-87 Regulations and has received formal training endorsed by the State of California. Education Bachelor of Science in Managerial Economics from University of California, Davis and has her MBA in Accounting from California State University, Sacramento. Training and Certifications: OMB A-87 specialized training, provided uby Management Concepts. This is a state approved course to learn the ins and outs of the Circular. This course gives you i continuing education credits and gives me a special insight in to the circular OMB A-87 + guidelines that I will be able to share with you. Capital Accounting Partners Quote for City of Palm Springs Page 11 Daniel B. Edds, MBA, PMP— Primary User Fee Consultant Dan is a project manager with Capital Accounting Partners (CAP). He has more than fifteen years of experience consulting within the public sector. His operational improvement work has involved problem solving and process improvement opportunities for core business processes. In these projects, business processes are evaluated for cost, and opportunities for improvement.The result is a clear understanding of how to improve the delivery of services; lower long term operational cost, and increase staff productivity. Mr. Edds has extensive training in facilitation, group decision-making and strategic planning from the Institute of Cultural Affairs. Prior to joining CAP he was a project manager with FCS GROUP, a regional firm out of Redmond, Washington. He also served for five and a half years as senior project manager with a major international governmental consulting firm with offices in the western United States. In that position, he conducted and managed financial and operational analysis with numerous counties and cities. His work has involved process analysis for the purpose of restructuring fees for full cost recovery of Land Development, Planning, Public Works, Recreation, Police, Fire Prevention, Hazardous Materials, GIS, Library and other services. Education Bachelor of Science in Business Administration from California State University, Sacramento Training and Certifications: • Professional Project Manager(PMP); j • Kaplan Norton Balanced Scorecard Graduate; it • Senior Baldridge Quality Award Examiner; • Strategic Planner; • Group facilitator;and • Lean Principles. Publications and Training Provided • Author, Transformational Management,Spiro Press,2003 I • Performance Management as a Sustainable Enterprise - Government " Finance Review • Managing User Fees-Government Finance Review • Calculating The Cost of Government Services—Oregon Municipal Finance Officers Association • Strategic Project Management—Various Capital Accounting Partners Quote for City of Palm Springs Page 12 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised.4127/17 720i99.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars (S1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars (S2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability insurance with limits of at least one million dollars $l million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability insurance only, the insurer shall waive all rights of subrogation and 13 Revised 4i27117 '20i99_I contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shalt furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a Person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, emplovees, and agents are named as ail additional insured... " ("as respects City of Pahn Springs Contract No. " or 'Tor any and all ivork performed with the Cn"may be included in this statement). 2. "This insurance is primary and non-contributoov over anv insurance or self-' insurance the City may have..." ("as respects City of'Palm Springs Contract No. " or "for any and all work performed with the Citv" may be included in this statement). 3. "Should anv of the above described policies be canceled before the expiration: date thereof the issuing company will mail 30 days written notice to the Certificate Holder ncrrned." Language such as, "endeavor to" mail and "but failure to mail such notice shalt impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:4/27/17 "OS99_I 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of tnsureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:4127117 '30599 1 Kathie Hart From: Kat'nle Hart Sent: Wed ,'-,sday,June 15, 2016 10:37 AM To: Aria, i Muniz Cc: Jay 1: ompson; Geoffrey Kiehl Subject: RE:F.6491-Capital Accounting Partners Thank you. I will close this agreement f" Cathie ` Kathie Hart, MMC Chief Deputy City Clerk !!,,,, �b City of Palm Springs (760)323-8206 bw/ 3200 E. Tahquitz Canyon Way (760) 322-8332 Palm Springs, CA 92262 Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 ; Monday through Thursday, and closed on Fridays. +o�Mu1Q. CITY OF 1M SPRINGS Like no p .-e else to Ivor From: Ariana Muniz Sent: Wednesday, June 15, : ?16 10:30 AM To: Kathie Hart Cc: Jay Thompson; Geoffrey :ehl Subject: RE: A6491 - Capi' `ccounting Partners Good Morning Kathie. We are not doing anN, fsin^ss with Capital Accounting Partners at this time. This is done. Final revision to final !'_ r Fens report prior to Council Meeting was invoiced in August. Paid and Closed PO itvp,.:inber 2015. Sincerely, Administrative Asp, In to the Director of Finance I Comunission secretary City of Palm Springs Ili Lm,-nt of Finance and Treasury 3200 E. Tahquitz Canyon y I P. O. Box 2743 Palm Springs,CA 92263-2743 Office: (760) 323-8229 ( F, 0( " 60-322-8320 Palm Springs City Hall is t` « `Aondoy through Thursday, and Closed on Friday. CONFIDENTIALITY NOTICE-This- -.oqe is intended only for the addresses shown above.It may contain information that is privileged,confidential, or otherwise protected from disco. Any review,dissemination,or use of this transmission or its contents by persons other than the addressee is strictly prohibited.If you have re r .,is e-essage in. r.rror,please notify the sender immediately at (760) 323-8229. y ruM � a d c tih}6. 1 PROFESSIONAL SERVICES AGREEMENT COMPREHENSIVE FEE AND RATE STUDY THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and effective on 2014, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and CAPITAL ACCOUNTING PARTNERS, a Limited Liability Company ("Consultant"). City and Consultant are individually referred to as"Parry"and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for a Comprehensive Fee and Rate Study for the City of Palm Springs project("Project"). B. Consultant has submitted to City a proposal to provide a comprehensive review of the City's fee and rated structure for the Project under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the"Services"or"Work"),which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement,Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required in this Agreement. For purposes of this Agreement,the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1)this Agreement;(2)the Scope of Services;(3)the City's Request for Proposals; and,(4)the Consultant's signed,original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services,the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1")the provisions of the Scope of Services(Exhibit "A"); (2"d)the provisions of the City's Request for Proposal (Exhibit "B"); (3`d)the terms of this Agreement; and,(0)the provisions of the Consultant's Proposal (Exhibit"C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses,Permits, Fees,and Assessments. Consultant represents and warrants to City that it has obtained all licenses,permits,qualifications, and approvals of whatever nature that are legally required to practice its I ^�':D`Gfz „Graf � ♦ , profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b)has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages,to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments,prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i)the Maximum Contract Amount, as defined below, and/or(ii)the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or$25,000, whichever is less,or in the time to perform of up to thirty(30)days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of FIFTY TWO THOUSAND THREE HUNDRED THIRTY Dollars, ($52,330.00) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment 2 obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation(Exhibit"D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth(10)working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45)days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chances in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to,any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law;or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance(Exhibit"E"), incorporated by reference. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s)specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty(180)days cumulatively;however,the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant(financial inability excepted) if Consultant, within ten(10)days of the commencement of such delay,notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However,the 3 term shall not exceed one (1) year from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30)days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is due to material default by the City,the period of notice may be such shorter time as the Consultant may determine. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Nicolie Cass Lettini, MBA, Partner. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified,any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise,and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition,neither this Agreement nor any interest in this Agreement may be transferred, assigned,conveyed,hypothecated,or encumbered voluntarily or by operation of law,whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Indenendent Contractor. The legal relationship between the Parties is that of an independent contractor,and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under 4 a r Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise ajoint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt,obligation,or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries,wages,or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents,for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars($1,000,000.00)per occurrence and two-million dollars($2,000,000.00)annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a)certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or(b) if Consultant does not provide the certification under(a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be 5 subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period,new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors,if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement,a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability,personal injury, independent contractors,broad form property damage,products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned,non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers,council members, officials,employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members,officials,employees, agents,and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 6 5.3.4 No required insurance coverages may include any limiting endorsement w i substantially impairs the coverages set forth in this Agreement_(e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and aooroved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice,but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City,or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 7 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: I. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._"or 'for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No._" or'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."Latlguage such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City,its elected officials,officers, employees, agents,and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend(at Consultant's sole cost and expense), indemnify,protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable 8 _ M1: statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Desien Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively`Indemnified Parties")against any and all liabilities,claims,judgments,arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included)and damage to property, which Claims arise out of,pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers,employees,agents and volunteers. ; t B. The Consultant shall require all non-design-professional sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accountine Records. Consultant shall keep complete,accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownershiu of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subcontractors shall provide for 9 assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment,Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the obiectives and oumoses of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit,expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount(provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 10 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times,of any other rights or remedies for the same default or any other default by the other Party. 8.6 Leeal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity,to cure, correct,remedy or recover damages for any default,to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of anyjudgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30) y days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Emplovees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race,religion,color, i sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race,religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to,the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infrineement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement,statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on 11 account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S.letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim,provided,however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent,which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant,at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Past Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Ci City of Palm springs Attention: City Manager&City Clerk 3200 E.Tahquitz Canyon Way Palm springs,California 92262 Telephone: (760)323-8204 Facsimile: (760)323-8332 To Consultant: Capital Accounting Partners,LLC 3570 Buena Vista Drive Sacramento, CA 95864 Attention:Nicolie Cass Lettini Telephone: 916-670-0001 Facsimile: 309-404-0697 10.3 Inteerated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements,agreements,representations,and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining 12 provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement. nothing contained in this Agreement is intended to confer, nor shall this A eement be construed as onf rrin . any ri ht including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not-4 party to this Agreement 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for pumoses of is Agreement,by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and(iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 13 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: ` David H.Ready City Manager APPROVED BY CITY COUNCIL APPROVED O FORM: ATTEST By: B . Dou a . Holland, James Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: ;f Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board President,or an Vice President. The p 4 1� gn � Y second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONSULTANT NAME: a1 ca p 1 /j I Check one Individual_Partnership_Corporation 3570 &,4 i �Or �N- Lt c Address SmcugrnOnC4 WVq By By Signature(Not ' ed) Signature(Notarized) 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of—L'� _2` On 91 3nOlq before rne, erc mft7�T personally appeared /v i`G o £ L � ►�L nsntd m sgna1q - who proved to me on the basis of satisfactory evidance to be the person(A)whose name(s) 6490 aubscrtbed to 1he within instrument and acknowledged to me that tAshattf"wwo iced the same in K/heolf eir authorized capadly(i#s),and that by bisAwApeir sigrwlukp)on the Instrument the person(a), or the entity upon behalf of J. O JR which the person(s'1 acted,executed the Instrument. CatMMaaloa 0111111171111115 1 certify under PENALTY OF PERJURY under the laws xMV hibMO-ewoaMa of the State of California that the foregoing paragraph Is PHL' 'd Coo" true and correct. M Comm.FnrplM 21 201 41 WITNESS my hand and official seal. Signature i xzz� ;�= Peaa PbMry Seal 0.Eaw S No ryPutac OPT1pNfAL 76or0 the kabrmafiar below is not reguNed by raw B may Prove%0uAWe to persons tv"V on the document and court prevent/mrdurent removal and reaft chnmvmf or Lois form to arrdrwr document Description of Attached Docu.noo Title or Type of Document: Pi' F Document Date: / l Number of Peggy: Signar(a)Other Than Named Above: Capecny(les)Claimed by Signer(s) Signers Name: Signet's Name: ❑ Individual ❑Individual • Corporate Officer—Title(s): ❑Corporate Officer—Title(s): 0 Partner—LI Limited O General ❑Partner—❑Limited L General 0 Attorney in Fact L Attorney in Fad 0 Trustee tap v umb here 0 Trustee l Top d hvnb hom 0 Guardian or Conservator ❑Guardian or Conservator j ❑ Other. ❑Other: Signer Is Representing: Signer Is Representing: CaX0 rqa lNMq Amdabn-"W Cb Sob Am.Mft♦ NWd- M1eYwnI,.CA eists¢eoz•wiulAim,�Ntlyd♦ ben Y590T Rtadnrnal TdLFroel epbai486P'J 15 F EXHIBIT"A" SCOPE OF SERVICES The scope of work consists of, but is not limited to a plan that contains the following information: • A comprehensive review of the City's fee and rate structure with the goal of establishing a consistent and objectively based fee and rate structure that meets the needs of the City and its citizenry, along with meeting the various requirements set forth in state law. • Consultant will work with selected staff to define the purpose, uses, and goals for an overhead cost allocation plan ensuring that the development of the plan will be both accurate and appropriate for the City's current needs. • Consultant shall conduct a review of the documentation supporting the current fee and rate structures for all departments and services and recommend a new methodology for preparing the City's internal charge allocations for a variety of departments. • Develop an Overhead Cost Allocation Model for calculating the full costs of providing each City service. The requirements of the model shall allow for: o The addition or removal of direct and overhead costs so that the overhead cost allocation plan can be developed from a simple plan to a progressively more inclusive plan. o The ability to continuously update the model and overhead cost allocation plan from year-to-year as the organizational structure changes and the costs change. o The addition of hypothetical 'service area information for future services enhancements, and the ability to calculate the estimated costs of providing the service under consideration. • Work with the Finance Department in developing service provisions, cost categories, and allocation criteria for current and future programs. • Provide hourly rates for any additional services including but not limited to professional fees, hourly rates, travel costs, clerical& communications costs, and any other"special"costs that may performed on an as needed basis outside of the initial scope of work. • Participate in the presentation of the Draft Overhead Cost Allocation Plan to select City staff and City Council. Collect and document comments and concerns from staff and Council members. • The consultant shall prepare a final study and comprehensive fee schedule and provide 5 bound copies and one unbound copy(or file copy in PDF format)to the City. The City staff will provide the consultant with all relevant information it has pertaining to the City and its operations including employee hourly cost rates, operating and capital budgets, the existing cost allocation plan, current fee resolutions and related documents. 16 EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING PROPOSALS FOR RFP#08-14 COMPREHENSIVE FEE AND RATE STUDY NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from qualified firms to provide the City with a Comprehensive Fee and Rate Study. SCOPE OF SERVICES: The scope of work will consist of providing professional Consultant Services to ensure that the City of Palm Springs is utilizing comprehensive overhead rates and accurately accounting for the true cost of providing various services within the City operations. OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids & a Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8374. Upon downloading the RFP via the internet, contact Leigh Gileno, Procurement Specialist II, via email at Leigh.Gilenoapalmspringsca.gov to register as a firm interested in this project. Failure to register may result in not receiving addenda to the RFP. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, NOVEMBER 26, 2013. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. Leigh Gileno, Procurement Specialist II October 23, 2013 17 OF PALM ♦ �U�A 1- U � /L A[IfOM1NP CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP)#08-14 COMPREHENSIVE FEE AND RATE STUDY Requests for Proposals (RFP #08-14), for Comprehensive Fee And Rate Study services for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, NOVEMBER 26, 2013. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents') may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register y per the instructions. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified firms to provide the City with a Comprehensive Fee and Rate Study (hereinafter the "Project"). The selected firm will be expected to provide the required services to ensure that the City of Palm Springs is accurately accounting for the true cost of providing services within the City operations and that the fees for services are reflected in those costs. SCHEDULE: Notice requesting Proposals posted and issued .............................................. October 23, 2013 Deadline for receipt of Questions............................Tuesday, November 19, 2013, 3:00 P.M. Deadline for receipt of Proposals ............................Tuesday, November 26, 2013, 3:00 P.M. Short List/ Interviews/, *if desired by City .........................................................to be determined Contract awarded by City Council ..................................................................... to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Oates above are subject to change. "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "C" — Cost Proposal Form. *Must be completed and included in a separately sealed envelope—do NOT include this with your Technical Proposal. ATTACHMENT "D" — General Fund Revenues Versus Expenses for City. ATTACHMENT "E" — Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: The City of Palm Springs, California is requesting proposals from qualified firms or individuals to provide a Comprehensive Fee and Rate Study. The purpose of this study is to ensure that the City of Palm Springs is utilizing comprehensive overhead rates 18 and accurately accounting for the true cost of providing various services within the City operations The City of Palm Springs is a full-service City that is governed by a Council —Administrator form of government and provides a full range of municipal services. The City employs approximately 402 full-time employees and was incorporated in 1938 and has a population of 47,601 permanent residents. In the peak season from October thru May the City has an increase of approximately 30,000 residents. The City is noted as a vacation/resort destination. The City of Palm Springs total budget for 2012-2013 FY was $180,609,844, the operations representing approximately $68,126,414 with a capital budget of $6,989,999. The General Fund's appropriations of $68 million support the main operations of the City including public safety, public works, engineering, recreation, parks, library, airport, community services and general administration. The Citywide User Fees currently being used were developed over 7 years ago. The City is interested in identifying common and unusual fees for services that are currently not being assessed. 3. SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: Generally, the scope of work consists of, but is not limited to a plan that contains the following information: • A comprehensive review of the City's fee and rate structure with the goal of establishing a consistent and objectively based fee and rate structure that meets the needs of the City and its citizenry, along with meeting the various requirements set forth in state law. • Consultant will work with selected staff to define the purpose, uses, and goals for an overhead cost allocation plan ensuring that the development of the plan will be both accurate and appropriate for the City's current needs. • Consultant shall conduct a review of the documentation supporting the current fee and rate structures for all departments and services and recommend a new methodology for preparing the City's internal charge allocations for a variety of departments. • Develop an Overhead Cost Allocation Model for calculating the full costs of providing each City service. The requirements of the model shall allow for: o The addition or removal of direct and overhead costs so that the overhead cost allocation plan can be developed from a simple plan to a progressively more inclusive plan. o The ability to continuously update the model and overhead cost allocation plan from year-to-year as the organizational structure changes and the costs change. o The addition of hypothetical service area information for future services enhancements, and the ability to calculate the estimated costs of providing the service under consideration. • Work with the Finance Department in developing service provisions, cost categories, and allocation criteria for current and future programs. • Provide hourly rates for any additional services including but not limited to professional fees, hourly rates, travel costs, clerical & communications costs, and any other "special" costs that may performed on an as needed basis outside of the initial scope of work. • Participate in the presentation of the Draft Overhead Cost Allocation Plan to select City staff and City Council. Collect and document comments and concerns from staff and Council members. • The consultant shall prepare a final study and comprehensive fee schedule and provide 5 bound copies and one unbound copy (or file copy in PDF format) to the City. 19 The City staff will provide the consultant with all relevant information it has pertaining to the City and its operations including employee hourly cost rates, operating and capital budgets, the existing cost allocation plan, current fee resolutions and related documents. 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which involve a substantial change from the general scope of work identified in this RFP. The City's final selection will not be dictated on any single factor, including price. The relative importance of these factors involves judgment on the part of the City's RFP evaluation committee and will include both objective and subjective analysis. A vendor may be eliminated from consideration for failure to comply with any of the requirements, depending upon the critical nature of such requirements. 5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted. 6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and.are identified with the following specific evaluation criteria (100 total points possible): A. Firm / Staff / Team (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFP, including References (15 POINTS) B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work (10 POINTS) C. Work Proposal, including detailed proposed methodology and approach, used to provide a comprehensive fee and rate study for the requested Scope of Work (25 POINTS) D. Detailed Project Schedule to fully complete the scope of work as defined herein, including developing an overhead Cost Allocation Model for calculating the full costs of providing each City service. (15 POINTS) E. Local Preference (5 POINTS) Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points may be awarded to 20 a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. F. Cost Proposal (30 POINTS) PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 % X 11 format, may be no more than a total of Twenty Five (25) sheets of paper (double sided is OK ), including a cover letter. NOTE: Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda acknowledgments and the separately sealed Cost Proposal do NOT count toward the page limit. Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of its proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, 'RFP #08-14, REQUESTS FOR PROPOSALS FOR COMPREHENSIVE FEE AND RATE STUDY. Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Technical/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: r Envelope #1, clearly marked "Technical/Work Proposal', shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • If applicable, your specific request for Local Preference (see Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. TECHNICALlWORK PROPOSAL: The TechnicallWork Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, D and E (*if Local Preference is applicable) below: SECTION A: FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS AND EXPERIENCE, INCLUDING REFERENCES A.1 Follow the instructions and properly complete and execute both Attachment "A" and Attachment "B" that are provided in the RFP and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley is to also be included here. 21 q A.2 Describe the firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with relevant projects successfully completed of similar size and scope. A.3 Indicate the name of any sub-contractor firms that will be utilized to make up your team. Describe each sub-contractor's qualifications, background and specific expertise that they bring to the Project. AA List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project. A.5 Include a minimum of three (3) references of recent customers for who your firm has provided similar study completed for another jurisdiction within the state of California and include a sample copy from one (1) of these firms as contemplated herein. You must include the name of the key contact person, their title, and a current phone number, fax number, email address and business address along with a brief description of the scope of work and cost for each successfully completed referenced project. SECTION B: PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK BA Carefully review and verify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration. B.2 Without reciting the information regarding the Project verbatim as contained in this RFP, convey your overall understanding of the Project and an understanding of the City's expectations upon implementation of the Project. 6.3 Identify any "key" or "critical" issues that you believe may be encountered on the Project based on the firm's prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the Project. SECTION C: WORK PROPOSAL CA Proposer should refine and/or expand the Scope of Work to reflect their understanding of the tasks and services requested and provide a detailed Work Proposal/Approach to accomplish the tasks. Identify all tasks and sub-tasks required to successfully implement all phases of the project. SECTION D: PROJECT SCHEDULE D.1 Proposer shall provide a detailed Project Schedule/Timeline, including all tasks and sub- tasks, as well as an Overhead Cost Allocation Model that can be developed from a simple plan to a progressively more inclusive plan, and to fully execute the scope of work as defined herein. D.2 Discuss lines of communication necessary to maintain the project schedule/timeline. Discuss the key issues that could impact the schedule and ways to minimize or eliminate them. D.3 Discuss your quality control methods to ensure consistent and accurate final results. 22 SECTION E: LOCAL PREFERENCE E.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment Al and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility. E.2 List all team members with local expertise. Clearly define their role in the overall project. COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section F below: SECTION F: COST PROPOSAL (*see instructions in Section 6 above and Attachment "C") F.1 The cost proposal (in a separate sealed envelope) shall include a detailed cost estimate for completion of the scope of services with cost breakdowns by scope element. All professional fees, hourly rates, travel costs, clerical and communications costs, and any other "special' costs must be clearly identified and defined. In addition, an hourly rate for any additional services that were not originally requested in the Scope of Work, but may be added at the discretion of the City, shall also be included. Note that the Cost Proposal, including all fees and compensation shall remain firm for a minimum of 90 days from the proposal submission deadline. PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal, Envelope #2,. Attachments "A" and "B" are to be included in Envelope#1, "Technical/Work Proposal". 8. GENERAL AND SPECIAL CONDITIONS: DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, 23 TUESDAY, NOVEMBER 26, 2013. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department " 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Leigh Gileno Procurement Specialist II QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Leigh Gileno Procurement Specialist II 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Leigh.Gileno(apalmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, November 19, 2013. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "E"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties. The term of the agreement that is awarded as a result of this RFP will be negotiated and agreed between the City and the awarded Consultant. Upon the completion of the Scope of Work as defined herein, the City reserves the right to extend the term of the agreement with the Consultant for the purposes of performing additional services as maybe needed. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the RFP document. However, the 24 City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after award of contract to a specific firm, if any, by the City Council. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled 'Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non- Collusion provided as Attachment "B" in the RFP and include it with their proposal. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, roust be included in the �a. 25 proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. j 26 s ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL (Envelope#1)* REQUESTS FOR PROPOSALS (RFP)#08-14 COMPREHENSIVE FEE AND RATE STUDY SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACT PERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: _An individual; —A partnership, Partners' names: —A company; _A corporation If a corporation, organized in the state of: _A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. (include this only if applicable*) 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. 27 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL (Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is of the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. BY: Title: Subscribed and sworn to before me this day of 2013. 28 ATTACHMENT "C" "THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED ENVELOPE#2 "Cost Proposal", NOT with Envelope #1, TechnicalfWork Proposal') REQUEST FOR PROPOSAL (RFP #08-14) COMPREHENSIVE FEE AND RATE STUDY COST PROPOSAL Responding to Request for Proposal No. 08-14 Comprehensive Fee and Rate Study , I/WE will accept as full payment the following "not-to-exceed" fixed fee including all associated fees (i.e. printing costs, attendance at meetings, etc.) and be based on achievement of deliverables, which should be outlined on the consultant's proposed timeline for providing all services to complete the Comprehensive Fee and Rate Study. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver a comprehensive fee and rate study as defined in the Scope of Work herein. } TOTAL NOT-TO-EXCEED AMOUNT: (PRICE IN FIGURES) (PRICE IN WORDS) In the event that additional services are required beyond the scope of work as defined in this document, please provide your hourly rate (regular business hours only') Hourly rate for additional services not covered in RFP document. $ Hourly rates for all Project Team members: $ Administrative Rates for additional services not covered in RFP document. $ Hourly rate for any sub-consultant used in this Fee Study not covered in this RFP document. $ Indicate time in calendar days, for completion after receipt of notice to proceed: DAYS (NTP). 29 Planning, Building, and Engineering Department General Fund Revenues Versus Expenses City of Palm Springs Projected Projected 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 Planning: Revenues $1,200,465 $817,613 $327,761 $299,868 $363,378 $279,661 $350.000 $350,000 Expenses $1,376,287 $1,459,347 $1,306,959 $1,087,336 $976,532 $1,026,887 $1,080 181 $1 189 861 Rev as%of Exp 87% 56% 25% 28% 37% 27% 32% 29% D Building: n Revenues $2,933,336 $2,283,961 $1,461,219 $1,182,148 $1,498.765 $1,460,689 $1,825,028 $1,825,028 n Expenses $2,389,717 $2,502,496 $2,395,504 $1,950,198 $1,628,577 $1,688,842 $1 931i62 $2 045 709 = 3 Rev as%of Exp 123% 91% 61% 61% 92% 86% 95% 89% Z 1 Engineering: o Revenues $736,907 $359,874 $207,230 $146,072 $241,053 $147,605 $185,000 $185,000 Expenses $1,785,077 $1,895,923 $1,703,172 $1,356,993 $1,467,774 $1,581,405 $1,777,869 $1 944 990 Rev as%of Exp 41% 19% 12% 11% 16% 9% 10% 10% Combined Totals: Revenues $4,870,708 $3,461,448 $1,996,210 $1.828,088 $2,103,196 $1,887,955 $2,360,028 $2,360,028 Expenses $6,551,081 $5,857,766 $5,405,635 $4,394,527 $4,072,883 $4,297,134 $4,789,212 $5,180,560 Rev as%of Exp 88% 59% 37% 37% 52% 44% 49% 46% 2/2 5120 13 Planning Building and Engineering Revenues vs Expenses(06-07 thru 13-14) 4:22 PM 4> a P PALM S p y cti°t+ " REQUEST FOR PROPOSAL (RFP 08-14) FOR ' tq<<FORNP COMPREHENSIVE FEE AND RATE STUDY ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Can you please send the current list of the Citywide user fees that will be included in the review of this scope of work? A 1: The city's current Comprehensive Fee Schedule can be found on the City's website by going to: www.palmsprincisca.gov, and selecting the link "Government', and go to "City Clerk" link and there you will find the "comprehensive Fee Schedule' Link under Publications and Reports for you to down load. Q 2: Under section 2 of the RFP, it lists the scope of work and tasks to be completed in the project. The term "overhead Cost Allocation Plan" is used in several bullet points. A Cost Allocation Plan (CAP) is a separate type of cost analysis from a User Fee and Rate Study. A CAP analysis identifies the appropriate overhead allocations to the benefiting organizational units within Citywide operations. A User Fee and Rate study focuses on determining the full cost of providing user fee services to the public. Is it the City's intent to have us conduct, through this RFP, a User Fee and Rate Study as well as an Overhead Cost Allocation Plan study, or just the User Fee and Rate Study? A 2: Yes, it is the intent of the City for the selected firm and contract to prepare the Overhead Cost Allocation Plan, as it is the City's intent to adopt a new comprehensive fee schedule that captures all allowable costs including 1) direct labor and materials; 2) departmental overhead. and 3) central services overhead such as City Manager, Attorney, Clerk, Finance, HR, Procurement, IT, etc. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Leigh Gileno Procurement Specialist 11 DATE: October 28,2013 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. ' 31 P"I I I 1.11 V IliM pil!!: IM .............. Own" -------- Pt "R T i-ld 4 I vi f I ir W; R, zl� q,� Frig jilgil MM AW OREM. IRT i�� IlM 95 ji I ek Capital Accounting Partners, LLC Proposal (copies) November 26, 2013 b0 a) m c a J A rl •L LL a J o 0 Q L i CL O N E m � v fQ � a .� n U ,� ,t E d 0 0 ���� > O c 4-1 Q z o o g 0 ' : a }' +r s a1 u K •� < u 1 w75 Ak ARM AMC-447 Cos t A 11ocation and Master Fee Professional Services City of Palm Spring5 CONTENTS CoverLetter......... ................................--...................... ........ ............... ......... ....... ............. ..............2 Section A: Firm,Staff,Qualifications,and References...............................—.........................................................4 Consultant Qualifications and Experience..................-.....................................---.............................................4 Summary of Experience and Project Team........ .............-......................—................. ........................ .......4 References.......--..... ...........................—........ .................. ......--...........—................................................. ........8 Indirect Cost Allocation Plans........--.........................—........................................................................... ........8 UserFee Studies.............. ............................................................... ........................................ ................9 Addendum(s)Itall is/are hereby acknowledged....... .......................... ............. ......... ......... 11 Subscribed and sworn to before me this day of, 2013.... ..........--............................... .........--.... ..................M Section B:Our Understanding of This Project........................ .......................................... .................................13 SectionC:Work Proposal...........................—.—................ ........r............ .................................... ..... ....... ........-15 Annual Update of Cost Allocation Plan:......---................................-......................... ........ ........................16 Section D:Schedule Proposal ......... ...-......---......................--...... ...................... ............ .............-.........23 Schedule............................................................. ..........--... .......................... ..............................................23 AttachmentA:...............................................................--.......................................................... .......................24 Nicolle(Nicky)Cass Lettini,MBA-Owner/Partner.................. ........................-......... ........... .......................24 Daniel B.Edds,MBA,PIVIP-Project Consultant... ................................... ....................... .....................25 V Capital Accounting Partners, LLC Page 1 of 25 Cost Allocation and Master Fee Professionaf services City of Palm Springs COVER LETTER November 26,2013 City of Palm Springs Attention:Leigh Gileno Procurement and Contracting Office 3200 E Tahquitz Canyon Way Palm Springs,CA 92262 Reference: Comprehensive User Fee Study and Cost Allocation Plan Capital Accounting Partners,LLC(CAP)is submitting for your consideration our proposal to develop the City of Palm Springs Indirect cost allocation plan and the preparation of a Comprehensive Fee and Rate Study. CAP has extensive expertise in both of these services. This proposal is valid for one-hundred twenty(120)days from November 26, 2013. Capital Accounting Partners understands that the City of Palm Springs is taking an important step by a review of its user fees,charges,and cost recovery.We understand that the City desires to be fiscally responsible with the services it provides while maintaining a high level of customer service.To accomplish these important goals it desires to have a thorough and professional review of its user fees and indirect cost.During this time of economic uncertainty this is an important goal. Our designed processes are structured to produce your cost allocation plan and user fee study—as fast as the City can provide data and access to those we need to interview.Our process for user fee studies calls for us to collect 75%-80%of our data onsite,working directly with staff.This process allows us to complete our costing models faster,with greater accuracy of results,and spend more time consulting over the policy and operational impacts. Our goal is to put senior level consultants on these projects. Nicolle Cass Lettini,MBA(Kicky),is an experienced expert who understands the value and nuances of how accurate cost allocation plans impact a city's revenue sources and the proper allocation of costs for each individual department.Nicky not only has extensive experience working with cities preparing cost plans,she has also completed full cost plans,OMB-87 cost allocation plans and rate studies for a number of counties and special districts. In all, Nidry has prepared over 300 cost plans in her twelve(12)years in the business with Maximus,Public Resource Management Group(now MGT)and now with her own company. Dan Edds will be lead consultant for the user fee. He brings 15 years of experience as a public sector consultant.Dan has direct experience with many Cities in the Los Angeles area. He is recognized for his expertise in user fee study.The GFOA published two of his articles in the national publication-Government Finance Review. In addition,the GFOA has tasked him to teach some of their national and regional trainings on performance management. This combination of experience and skills gives the CAP consultants the ability to provide clients accurate, complete,and on-time cost plans and user fees studies,using custom designed software which was developed based on their knowledge. All of this know-how is provided by a team that prides itself in offering exceptional customer service. Capital Accounting Partners,LLC Page 2 of 25 I r � ' selvice5 City of Palm Springs We are very proud of our work product. Our commitment is to bring to the City of Palm Springs the best methodology and the best trained and experienced staff possible.Additional factors to take into consideration during your evaluation of the proposal are: Small Business Certification (#0046082) — Capital Accounting Partners,LLC has received certification from the Office of Small Business and DVBE Services,Procurement Division,Department of General Services,State of California. Capital Accounting Partners,LLC is a majority woman-owned business. As you review the enclosed proposal,you will see that CAP has the experience,skills,talent,and capacity. By relying on CAP s expertise to meet your requirements,your staff can focus on other important responsibilities and tasks.In addition,CAP is available to present any necessary reports or studies to elected officials and/or the general public if necessary. Thank you for the opportunity to submit this proposal.We look forward to working with you. Sincerely, Nicolie Cass Lettini Capital Accounting Partners,LLC 3570 Buena Vista Drive Sacramento,CA 95864 ,t Capital Accounting Partners,LLC Page 3 of 25 s� SECTION A: FIRM, STAFF, QUALIFICATIONS, AND REFERENCES Capital Accounting Partners,LLC(CAP) Legal name of firm Address Legal form of company limited Liabih Com a Telephone Fax 309.404.0697 Years in business Full-time personnel Nicofie'Cass Lettini,MBA Dan Edds,MBA, PMP CONSULTANT QUALIFICATIONS AND EXPERIENCE SUMMARY OF EXPERIENCE AND PROJECT TEAM Capital Accounting Partners is exclusively focused on providing cost of service studies for municipal government.We do this through the preparation of indirect cost allocation plans and user fee studies.This focus provides a level of experience that we feel is unmatched in our industry.For example,out principle consultant for indirect cost allocation plans,(Nicky Lettini)has personally prepared over 300 of these plans and is one of the few cost plan consultants that has actually negotiated directly with the Federal Government in preparing Indirect cost rates.For userfee studies,our principle is Dan Edds and he has personally prepared nearly 70 such plans. In addition,the Government Finance Office Association(GFOA)has published his articles on user fees and performance management in their national publication—Government Finance Review. Summary of Qualifications for Nicky Lettini, MBA Education Bachelor of Science in Managerial Economics from University of California,Davis and has her MBA in Accounting from California State University,Sacramento. Training and Certifications: Capital Accounting Partners,LLC Page 4 of 25 !' Cost Allocation and Muster Fee Professional Set vices City of Pairn Springs Summary of Experience for Nicky Lettini, MBA Nicolie Cass Lettini,MBA(Nicky),is an experienced expert who understands the value and nuances of how accurate cost allocation plans impact a city's revenue sources and the proper allocation of costs for each individual department.Nicky has solely worked on cost plans for her whole career. In all, Nicky has prepared over 300 cost plans in her twelve(12)years in the business with Maximus,Public Resource Management Group(now MGT)and now with her own company Summary of Qualifications for Daniel B. Edds, MBA, PMP Education Master Degree in Business Administration, International Business,Albers School of Business and Economics, Seattle University Certifications: Strategic Plannin Lean Practitioner Other 841dri t$uality Criteria Examiner Publications and Training Provided Government Finance Review(GFOA)articles on user fees and performance management in the ublicsector Government Finance Officers Association: Performance managen"t(both national and regional trainings) Summary of Experience for Daniel B. Edds, MBA, PMP Dan Edds brings more than fifteen years of public sector consulting. His consulting work has focused on providing high end cost analysis as welt as operations improvement work.Recently his operations improvement work has focused on the application of lean principles and Balanced Scorecard work. A partial list of user fee projects that Dan Edds has personally led include: Capital Accounting Partners,LLC Page 5 of 25 i Setvice,-City Of Palm Sprillys (alifoinia Munidpal Agencies Building Planning Lngineering FircPrPv Police Recreation City of aeverly Hills City of Fremont City of Dublin Town of Atherton City of Pasadena City of Napa City of Ontario City of Alameda # # City of Vacaville City of Dana Polnt - d rt City of Tulare City of Los Gatos City of Paso Robles -' City of Martinez A f 'R City of Lakeport City of Pomona # # City of Woodland City of Herculesk City of San Luis Obispo City of Lathrop City of Moreno Valley City of Ind Ian Wells City of Rancho Cucamonga City of Mountain View A, City of Del Mar City of Campbell # `A Capital Accounting Partners,LLC Page 6 of 25 Cost Allocation and Master fee Prole ssionnl \01 Services—City of Paim Springs California Municipal Agencies Building Planning Engineering hire Prev Police Recreation m� ! `N $ �'`.�,�3ibfi�'1+. MMMIMEMMASIVIN Mail � V�i��W„��r'� x � t . i}*[;� , v jai. :.. ar :a �. 'r.:z MM "r"al����,,((,,(�,(#,��i'4E' .t M Oregon Municipal Agencies Pudding Planning Engineering Fire Prev Police Recreation , 11= t r ralion and Master Fee Professional Services -City of Patin Springs REFERENCES CAP suggests you contact our previous clients to discuss our work.CAP is proud of our reputation within the industry and would like you to hear it for yourself. "(Nicky) is by for, one of the best consultants i have ever worked with. Nicky is extremely professional, thorough, knowledgeable and unbelievably customer service focused." A. Ng, Financial Management 8 Business Process Manager, Golden Gate Bridge, Highway and Transportation District "...the excellent support and service you provided...helped to increase our productivity and responsiveness to any and all questions arising from the cost plan process. " D. Sellers,Auditor-Controller, County of Yuba "It has always been a pleasure to work with Nicky due to her can-do attitude, attention to detail, unparalleled level of service,and most importantly, her knowledge of Cost Allocation Plans and OMB A-87 requirements." t B. Torrez,Finance Director,City of Burbank "...with(her] expertise in Cost Plan preparation, [Kicky has] brought accuracy, consistency and accountability to the preparation of our Cost Plan..." R. Adler,Assistant Controller, County of Son Mateo INDIRECT COST ALLOCATION PLANS Capital Accounting Partners(CAP)prepares numerous indirect cost allocation plans every year.Our Principal, Nicky Cass Lettini has prepared nearly 300 indirect cost allocation plans in her career.Many of our clients contract with CAP annually for preparation of their OMB compliant and full Cost indirect cost allocation plans. The following is a list of agencies that contact with CAP for annual updates to their cost plans. The following is a partial list of her clients that are available for referral. Capital Accounting Partners, LLC Page 8 of 25 Cost Allocation and Master Fee Professional Services—City of Palm Springs The City of Burbank, Full Cost County of Contra Costa, OMB Allocation Plan A-87 Cost Allocation and Full- Jennifer Becker, Deputy Financial Cost Allocation Plans Services Director Marie Rulloda, Assistant Auditor- 275 East Olive Avenue, PO Box 6459 Controller Burbank, CA 91510 625 Court Street, Room 103 818.238.5507 Martinez, CA 94553 ' 925.646-2186 City of Burbank, Golden Gate Bridge, Highway & ' Cost of Service Analysis for Transportation District, OMB A- Information Technology 87 Cost Allocation Plan and _ Penny Forbes 61 Indirect Cost Rate Plans 275 East Olive Avenue, PO Box 6459 Alice Ng, Financial Management and Business Burbank, CA 91510 Process Analyst 818.238.5087 Toll Plaza Administration Building, Golden ' Gate Bridge PO Box 9000, Presidio Station San Francisco, CA 94129 415.923.2339 City of Glendale, Full Cost Allocation County of Riverside, OMB A-87 Plan Cost Allocation Plan Bob Elliot, Finance Director Tess Soriano, Chief Accountant 141 North Glendale Avenue 4080 Lemon Street, 3'd Floor Glendale, CA 91206 Riverside, CA 92502 ' 818.548.2085 951.955.8138 City of Glendale, Information County of San Benito, OMB A-87 Services Department Cost Rates Cost Allocation Plan ' Ed Fraga, Information Services Larry Chapin, Assistant Auditor Director 0 481 4t^ Street, 2nd Floor 141 North Glendale Avenue Hollister, CA 95023 Glendale, CA 91206 831.636.4090 818.548.3957 ' City of Stockton, Full Cost & OMB A-87 Cost City of Santa Barbara, Full Allocation Plan and ICRP's Cost & OMB A-87 Cost Ryan Pham, Finance Allocation Plan Stockton, CA Michael Pease 209.937.8215 IN CITYOF 735 Anacapa St STOCKTON Santa Barbara, CA 93101 805.564.5337 USER FEE STUDIES ' Dan Edds will be our primary consultant on this project. He has prepared numerous similar studies.These California Cities can be contacted for reference purposes. (Some of these projects were completed while Dan was with his previous firm.) Capital Accounting Partners, LLC Page 9 of 25 i Cost Allocation and Master Fee Professional Services—City of Palm Springs 1 . i City of Dublin Town of Atherton The city engaged CAP to prepare an The City engaged Capital indirect cost allocation plan and , Accounting Partners to prepare an ' comprehensive user fee study. In OF DUBUN. indirect cost allocation plan and Nicky Cass Lettini is preparing the conduct a comprehensive user fee study.This indirect cost allocation plan and Dan Edds is preparing the project is nearing completion. ' user fee study.Areas of study include planning, building, Robert Barron development engineering, police, fire prevention and Finance Director business license costs. (650)752-0552 This project is nearing completion. Or Laura Jammal Administrative Technician—Administrative Services ' City of Dublin (925)556-4574 laumjammal du lin v City of Indian Wells City of Vernon The City engaged Dan Edds, (while with another firm)to +R�°`ve"ti The city engaged CAP to ' conduct several user fee and business license studies. ° prepare an indirect cost allocation plan and Mr. Kevin McCarthy ��% ,,,,�. comprehensive user fee study. Finance Director Nicky Cass Lettini is preparing (760)346-2489 the indirect cost allocation plan and Dan Edds is kmccarthy@cityofindianwells.org preparing the user fee study.Areas of study include planning, building, development engineering, police,fire prevention and ' environmental controls. Masami Higa Assistant Finance Director ' (323)583-8811 x254 City of Beverly Hills City of Campbell ' The city engaged CAP to prepare an indirect Mr. Edds and an cost allocation plan and comprehensive associate prepared user fee study. Nicky Cass Lettini prepared both an indirect ' the indirect cost allocation plan and Dan cost allocation plan and a comprehensive user Edds prepared the user fee study.Areas of fee study. Mr. Edds prepared the user fee study. study include planning, building, Areas of the user fee study included planning, development engineering, police, fire prevention, and building, development engineering, police, and recreation. business license. Mr. Don Harrison Mr. Mike Wright ' Budget and Revenue Officer Budget Manager (310) 285-2445 City of Campbell (408)866-2112 mikewt@citvofcamobell.com ' Capital Accounting Partners, LLC Page 10 of 25 Services—City of Palm Springs o Cost Allocation and Master Fee Professional ATTACHMENT"A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL(Envelope#1)` REQUESTS FOR PROPOSALS (RFP)#08-14 COMPREHENSIVE FEE AND RATE STUDY SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): _Capital Accounting Partners BUSINESS ADDRESS:T3570 Buena Vista Driver, Sacramento, CA 95864 TELEPHONE:(916)670-0001_CELL PHONE(916) 670-0001 FAX CONTACT PERSON_Nicolie Lettini_ EMAIL ADDRESS—same as above A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. _Nicolie Lettini, MBA. Owner/Partner PRINTED NAME AND TITLE SITIURE AND B. The fallowing information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: —An individual; A partnership, Partners' names: ...x_A company; —A corporation If a corporation, organized in the state of: _A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. (include this only if applicable") 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: ADDENDUM(S)#ALL 1 IS/ARE HEREBY ACKNOWLEDGED. Capital Accounting Partners, LLC Page 11 of 25 Services — City Cost Allocation and Master Fee Professional ATTACHMENT "B" ' *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL (Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY ' PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) ' The undersigned, being first duly sworn, deposes and says that he or she is of , the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix ' the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or ' indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. By: Daniel B Edds ' Title: Partner SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF,2013 Subscribed and sworn to before me ARD Ths9wti. cl 3a t 60D $ GV , Y of_ tee Notary I lic In arld for the 5t�to of ' residing at `SATE OF Capital Accounting Partners, LLC Page 12 of 25 1 t .� SECTION B: OUR UNDERSTANDING OF THIS PROJECT From our reading of the RFP,we understand that the City of Palm Springs is taking an important step in its revenue management program.This step is to calculate the full cost of fee generating services. Furthermore, the City is looking for and independent analysis that includes both the preparation of an indirect cost allocation plan as well a user fee study.The objective of the project is to calculate the full cost of services but also be in compliance with all State requirements concerning the pricing of user fees my local government agencies. Critical Issues to Consider Based on our experience of preparing over 300 cost allocation plans and nearly 70 user fee studies,we have found that there are three critical issues our clients are looking for. Experience Beyond Calculating a Number ♦ Nicky has specialized as a Cost Allocation Consultant her whole career.in all,Nicky has prepared over 300 cost plans in her career.She not only has extensive experience working with cities preparing cost plans,she has also completed full cost plans,OMB-87 cost allocation plans and rate studies for a number of counties and special districts. ♦ Dan brings substantial user fee study experience to the Palm Springs.He has prepared over 60 user fee studies and brings the credentials of a certified Project Manager Professional(PMP).This means he is formally trained in managing projects that are completed on time and on budget. In addition,he brings the perspective of a Baldrige Quality Examiner,a certified facilitator,and a certified LEAN practitioner.We are proud of the fact that no other firm can match these qualifications. Approach that maximizes value minimal staff disruption Our data collection methods require us to collect 70%-8096 of the data while on-site for the user fee.This approach results in more accurate data,faster project completion times,and less impact on staff.Many firms will produce worksheets and then ask staff to complete them.We have found that this approach results in costly errors,excessive staff time,slower response to project completion,and lower quality data. In addition, this transfers the responsibility of keeping project timelines fully onto the i shoulders of City staff. Confidence from diligent quality controls Within our process we have several tests for quality data.We do not move forward until each of our tests indicates we have quality results.We BY COLLECTING 7ar.-80%OFTHE DATA utilized both qualitative and quantitative tests for accuracy.A qualitative WHILE WORKING WITH STAFF.WE test might be a review by the Community Development Director looking SECURE BETTER RESULTS.FASTER.AND WITH LESS STAFF DISRUPTION. for results that don't"feel"right.Our quantitative tests include: Capital Accounting Partners,LLC Page 13 of 25 45 ♦ Measuring total time assigned vs.total time available; ♦ Measuring our projection of current revenue against actual revenue;and ♦ Measuring our projection of revenue at full cost against actual full cost, $s Capital Accounting Partners,LLC Page 14 of 25 46 ram, Cost Allocation and Moster Fee Projes5ion Set vices City of Palm Sprin SECTION C: WORK PROPOSAL Preparing the Indirect Cost Allocation Plan The methodology in preparing an indirect cost allocation plan is fairly universal.With the standards established by the Federal Office of Management and Budget the method becomes widespread.Where CAP adds value is in the process and experience that Nicky will bring to the City of Palm Springs.She is one of a select group of cost plan preparers who have actually negotiated directly with Federal or State Auditors in the setting of overhead rates and cost allocation plans.In addition,she has experience of preparing indirect cost allocation plans at a state level,which are the most complex plans in existence.In addition,we utilize a database program to build the allocation model.This tool is significantly superior over a simple spreadsheet model.Spreadsheets cannot handle the complex"double step down"that is required by OMB A-87.See Attachment C for Sample Cost Plan Sheets. Scope of Services Required — Overhead Cost Allocation Plan: Below are the basic steps the consultant will complete to meet requirements to prepare the City of Palm Springs s Full Cost Allocation Plan and OMB A-87 Cost Allocation Plan which will be done in conjunction with each other: Task 1: Project initiation Preliminary phone conference to review requirements,current allocation plan methods,means for consultant to obtain copies of current City documentation of cost allocation plan,and to schedule initial meeting with staff. Task 2: Interview various departmental staff Schedule and hold individual interviews with the necessary staff to discuss information needed by the consultant to complete the cost plan.These meetings are held to get a thorough understanding of the department's major functions and how CAP can best allocate the costs to all departments that receive their services. CAP will work with the City to establish the goals for overhead cost allocation ensuring that the development of the plan will be accurate,fair,and defensible. Task 3: Data collection and preparation of draft plan Collection of all necessary information from the client to prepare the draft cost allocation plans,such as revenue and expenditure reports,functional information and statistical data. Task 4: Prepare cost allocation plans Develop a draft of the cost allocation plans. Task 5: Review draft plan with staff and make changes as required Work with client to go over draft and explain what the draft means.Talk about questions and come up with any necessary changes. Capital Accounting Partners,LLC Page 15 of 25 se,vice, - 01'Y of Pahn Springs ,V61 Task 6: Review plan with staff for clarity and understanding Meet with client to present and discuss the plans so there is a clear understanding by the client of the content and assurance of accuracy. Task 7: Develop allocation measures and statistics Work with city in developing service provisions,cost categories,and allocation criteria for future programs. Task 8: Meet with impacted staff for questions and clarity Meet with any additional staff from other departments to answer questions and go over the cost plan to ensure the most accurate plan will be prepared. Task 9: Finalize cost plans Finalize updated cost allocation plan to incorporate changes from departments during review process. Task 10: Prepare and present Cost Allocation Plans to Select City Staff as required Participate in presentation to City Finance staff and other select City Staff. ANNUAL UPDATE OF COST ALLOCATION PLAN: We understand the City is looking for a cost plan system that it can maintain the cost plan in house.We are pleased to report that we are utilizing a web based cost plan system developed by CostTree Systems and our team that can be updated by the City in subsequent years. The initial year of your plan's preparation will be done by us which will build the structure into the system. Beyond the first year,the City will have access to update their plan with CAP by CostTree which is a web based application that can be accessed through any web browser for an annual licensing fee which is a fraction of the consulting cost. This system is a highly effective tool for us and our clients.One of the advantages of a web based solution is that we can provide support and assistance to the City as the cost plan grows and matures with City government.Other excel based systems do not allow for change and growth easily,while this web based system grows and changes as your city does. We will be happy to introduce the solution to the City and train staff on the maintenance and updating of your cost plan. One additional benefit is that the management team of Capital Accounting Partners is also the management team of CostTree Systems and will commit to the successful implementation for the City. The many improvements that you will experience with the new system include: ♦ Spreadsheet upload functionality—Improves the efficiency of loading supporting data into the System and populating the current Allocations,Budgets,Expenditures,and Departments.And takes user error out of the equation. ♦ Document Repository for Audit Support—CAP by CostTree includes a document storage area for you to load your plan's support for easy review of your plan and its'support. Capital Accounting Partners,LLC Page 16 of 25 48 Cost Allocation of?Of Master Fee ProteSSional ram, ,� Services —City of Palo, spfinqs ♦ User Role Enhancement—The system will allow for unique user roles that enable certain users to access and modify data based on the appropriate user functions. i.e.the Reviewer/Auditor can only J review supporting documentation and data without the ability to change and of the inputs. There are three user roles within the system,Account Administrator(full access),Regular User(data input),and Reviewer/Auditor(No ability to make changes) ♦ Smart Copy and Paste—Allows users the ability to accurately copy and paste values while maintaining their associated department or line item no matter how you have sorted or arranged your list of departments. ♦ Error Checking—System has the functionality to run an error-check that verifies that you haven't made any significant mechanical errors in the plan. ♦ Report formatting and Output—You can choose to export your final plan to either POF or Excel depending on the preference of your end user. ♦ Backup/Restore—At any given point,you can create a backup file that can be restored at any given time. The Backup/Restore functionality not only saves the data points in your plan,but also creates a backup of all supporting documentation that has been uploaded to the document repository. CAP by CostTree is a revolutionary tool that will improve the City's efficiency and give you the ability to own your plan and it's preparation. In addition to a great product,the City will also maintain a leadership team that is committed to their clients success in the future. Preparing the Comprehensive User Fee Study OUTLINE OF SCOPE Upon reviewing the CitYs master fee schedule we propose assessing user fees for the following: A. Building&Safety permits; B. Planning applications C. Development engineering; D. Parks and Recreation; E. Police fees, F. Fire Fees;and G. Hourly rates where applicable. CALCULATING THE COST OF USER FEES—DESIGNED PROCESSES our methodology for user fee studies relies on providing detailed analysis at an operational level.This provides staff and the City council the confidence they need to set reasonable fees and policies where required.We do this by developing driver based costing models.Some methodologies rely on a simple allocation of cost to general fee categories.Our approach emphasizes a detailed analysis of what drives the cost of each fee.Graphically,the methodology can be illustrated in the following manner. Capital Accounting Partners, LLC Page 17 of 25 vy -� Cost APOCUtiOn and Muster Fee P,ofessionut Services - City of Pahn Springs ♦ User Role Enhancement—The system will allow for unique user roles that enable certain users to access and modify data based on the appropriate user functions. i.e.the Reviewer/Auditor can only review supporting documentation and data without the ability to change and of the inputs. There are three user roles within the system,Account Administrator(fuli access),Regular User(data input),and Reviewer/Auditor(No ability to make changes) ♦ Smart Copy and Paste—Allows users the ability to accurately copy and paste values while maintaining their associated department or line item no matter how you have sorted or arranged your list of departments. ♦ Error Checking—System has the functionality to run an error-check that verifies that you haven't made any significant mechanical errors in the plan. ♦ Report formatting and Output—You can choose to export your final plan to either PDF or Excel depending on the preference of your end user. ♦ Backup/Restore—At any given point,you can create a backup file that can be restored at any given time. The Backup/Restore functionality not only saves the data points in your plan, but also creates a backup of all supporting documentation that has been uploaded to the document repository. CAP by CostTree is a revolutionary tool that will improve the City's efficiency and give you the ability to own your plan and it's preparation. In addition to a great product,the City will also maintain a leadership team that is committed to their client's success in the future. Preparing the Comprehensive User Fee Study OUTLINE OF SCOPE Upon reviewing the City's master fee schedule we propose assessing user fees for the following: A. Building&Safety permits; a. Planning appilcations C. Development engineering; D. Parks and Recreation; E. Police fees; F. Fire Fees;and G. Hourly rates where applicable. CALCULATING THE COST OF USER FEES— DESIGNED PROCESSES Our methodology for user fee studies relies on providing detailed analysis at an operational level.This provides staff and the City council the confidence they need to set reasonable fees and policies where required.We do this by developing driver based costing models.Some methodologies rely on a simple allocation of cost to general fee categories.Our approach emphasizes a detailed analysis of what drives the cost of each fee.Graphically,the methodology can be illustrated in the following manner. Capital Accounting Partners,LLC Page 17 of 25 50 Cost Allocation and Master Fee Professional Services—City of Polm Springs ' Contributing staff Process Steps �e — Planning Tech Application Intake I ' Initial Application Review Planner I Site Plan Review ' Review Application for Planner II Review ions of Approval ' Plannng Director Prepare Report for Planning Commission Step One: Calculate the Full Cost of Services Calculating the full cost of services begins with reviewing the budgeted expense and revenue data.This gives us a high level overview of costs and revenues and allows us the ability to see the "bigger" picture. By"full cost' we mean the total cost at a division or departmental level. We also compare the full cost with the total revenue so that leadership can understand the relationships between direct and indirect costs. ' Step Two: Calculate the Cost of Individual Fee Items Staff interviews are done on-site in a series of focus group style workshops. Each workshop series can span 2-3 ' days depending up the size of the community, number of staff, number of fees, and number of work units that are involved.These workshops are designed specifically to maximize staff input with the least disruption to their day to day work. WORKSHOP SERIES#1 ' This first workshop series will provide two rounds of interviews with each work unit that is involved. Each interview will last 2-3 hours. For example, during this first workshop we will want to meet with Planning staff for 2-3 hours on day one and then again for approximately 2 hours on day two or three.This gives us ample ' time to understand operations, identify costing issues that will be important to understand, and time to review and confirm our data. This first set of interviews will have five objectives: 1. Identify all practices or policies that drive cost recovery. 2. Identify core business processes that drive the cost of services. ' These are both direct project activities as well as those activities that support the department or division. 3. Identify components of cost such as salaries, benefits, non- _ - �1� personnel costs, contractor costs,etc. BY COLLECTING 70%-80%OF THE DATA WHILEWORKING WITH STAFF,WE SECURE BETTER RESULTS,FASTER,AND WITH LESS STAFF 4. Calculate annual productive hours available.This is done by DISRUPTION, subtracting vacation, sick, personal leave, holiday,training, meeting,and break time from the standard 2080 hour hours. S. Begin and complete gathering time estimate data with staff. Capital Accounting Partners, LLC Page 18 of 25 .� Coil Allocation and Waster Fee Professional WORKSHOP SERIES#2 The second workshop will again be comprised of two separate interviews with each work unit that is represented in the study.As in workshop#1 we will schedule the initial interview followed by a second one on subsequent day(s).However,these interviews are substantially shorter and often the second interview session Is not necessary. There are four objectives to this second workshop: 1. Review and update time estimates. ausE TO BE ctEafe: 2. Assign time to support activities such as customer service, we do not fiand your staff a series long range planning,management&administration,etc. of'cxce@ spreadsheets and ask chew to con,*te them.This 3. Review staff salaries,budgeted expenses,FrE method res❑lts In Longer project assignments,etc. firnes,More staff disruption, 4. Review preliminary results for any obvious missing data. greater probaesta.ias for errors, waste,and suspect data Step Three: Quality Check and Formal Review Our quality checks are based on two broad criteria " Qualitative checks: • 0o the results make sense to staff and departmental leadership? ' • Can staff explain to a customer or citizen how we arrived at the numbers we have calculated? Quantitative checks: • Quantitative checks assure compliance with state law requiring that user fees be aligned with the cost to actually provide the service. Quantitative Checks Acceptable Margin of Error 1.Budgeted expenses entering the cost.models must equal total expenses accounted for in the costing model. 2.Projected revenue from fees must closely match actual revenue from +or-5%10% fees. 3.Available staff time must be fully accounted for In the costing models. 4.Total revenues from fees and contributions from the general fund or 0% other sources must match total expenses. Step Four: Provide Comparison Study We offer to the City of Palm Springs a two step approach to comparative surveys.In step one we will identify 5-10 specific fees for each division or department reviewed. In step two we will also identify 2-4 development projects that are routine to the City.This approach will provide the City with a clear picture of where it stands Capital Accounting Partners,LLC t Page 19 of 25 JG I . ; I I • Professional 1 Services — City I Palm Springs 1, I t in comparison with surrounding jurisdictions and their fees. A simple fee by fee comparison does not provide adequate comparative analysis as many cities may have identical fee descriptions but incorporate very different services into each. By adding the additional step of pricing specific development projects the City will ' have a better basis for comparison. 750 SF Room Addition. All Fees Combined $1,400 ' $1,200 $1,000 ' $800 $600 ' $400 ' $200 $- City A City B City C Client City City E City F Step Five: Prepare Report ' After all data has been identified, costs calculated, and final reviews by staff have been completed, we will then prepare a full and comprehensive report. We take great pride in our reports and our clients appreciate ' the full and complete nature of this document.The City will find in its report a complete discussion of direct costs, indirect costs, comparisons of revenue at full cost and current costs, and recommendations for policy development that will guide the City in its fee setting activities. At a minimum our reports will provide a comprehensive: ✓ Analysis of the direct cost of services; ' ✓ Analysis of the indirect activity cost that supports the direct processing of applications and permits; ✓ Analysis of cost from City overhead; ' ✓ Analysis of the per unit cost of each service; ✓ Analysis of the current cost recovery rate for each service; ✓ Analysis of cost and recovery by fee category such as planning fees approved administratively vs. planning fees approved by the planning commission; ✓ Analysis of cost recovery given a targeted cost recovery rate; ' ✓ Annual summary of revenue recovery from current fee levels; ✓ Annual summary of revenue recovery at full cost recovery; ' Capital Accounting Partners, LLC Page 20 of 25 Cost Allocation and Master Fee Projessiona7 Services—City of Palm Springs ✓ Annual summary of revenue sources such as fees vs. general fund; ' ✓ Annual summary of sources of cost such as City overhead, department overhead, and direct activity costs; ' ✓ Annual summary of cost by core business processes; and ✓ Analysis of fee comparisons against five benchmark cities. ' ✓ Recommendations regarding cost recovery of user fees The following graphics illustrate the quality of our reports and the level of analysis that we provide. ' Cost and Revenue Comparisons Comparison of Total Costs Vs.Total Revenues Ory OH Costs, $75,000 DpItOK011% ' Comparing the components of cost against revenues provide the "big" picture view of cost of services. Revenue BY COMPARING TOTAL COSTAND TOTAL REVENUES BY INDIVIDUAL COMPONENTS THE CITY COUNCIL CAN HAVE A FAST VISUAL ANALYSIS FOR SETTING COST RECOVERY POLICY. i 1 ' Capital Accounting Partners, LLC Page 21 of 25 1Lei 1 Cost Allocation and Master Fee Professional Understanding cross departmL ch as 1 engineerion, and fire pComponents of Cost le st 1 Demolition of Historic Landmark 0 0 0 $0W$6, (9,509 Demolition of Historic Landmark 0 0 0Discretionary Use 19,670 5,873 391 $25,934 Discretionary Use 7,093 2,013 137 $9,242 DWP Overlay District Development 11,569 3,020IA41 $15,629 1 DWP Overlay District Development 0 0 0 $0 $0 0 Establishment of Historic Landmark Inventory 0 0 0 $0 $D 0 Establishment of Historic Landmark 1 Inventory0 0 0 $0 $0 0 Annual Totals $1,086,009 $483,383 1 ($602,126) 1 OUR REPORTS CAN PROVIDE THE CITY WITH A VARIETY OF ANALYTICAL DATA.THIS GRAPHIC SHOWS THE ANNUAL FULL COST,THE FULL COST BY 1 THE SOURCES OF COSTS,THE CURRENT ANNUAL REVENUES WITH A COMPARISON OF ANNUAL COST AND REVENUES.IN ADDITION,WE CAN SHOW THE CURRENT COST RECOVERY RATE AND THE REQUIRED INCREASE TO BRING THE FEES UP TO FULL COST RECOVERY ON A CATEGORY BASIS. 1 Our reports can provide the City of Palm Springs with a variety of analytical data.This graphic shows the annual full cost,the full cost by the sources of costs,the current annual revenues with a comparison of annual cost and revenues. In addition, we can show the current cost recovery rate and the required increase to bring 1 the fees up to full cost recovery on a category basis. Step Six: Council Presentations 1 The RFP does not reference a presentation to the City of Palm Springs City Council. However, it would be unusual to do a cost of service study and not have a presentation to the Council. For this reason,we have included on within our pricing structure. 1 Prior to the Council presentation and/or final stakeholder presentation, we will make all necessary adjustments to the draft report.This report, after review by staff, will form the basis of the Council 1 presentation.We will work with staff to determine what type of presentation will be best suited for the City. Some councils want full and comprehensive presentations with full descriptions of methodologies, results, policy considerations, etc.Others want a briefer presentation that will provide a summary of costs and results. 1 Whatever the City decides we will be available to meet the needs and provide a presentation that will work for the City of Palm Springs. However,we do find that a fuller presentation during study sessions provides the best opportunity for the Council to have a full understanding of the project. 1 Capital Accounting Partners, LLC Page 22 of 25 1 1 e• Cost Allocation and Ma5 ter Fee Professional 1 of i 1 SECTION D: SCHEDULE PROPOSAL SCHEDULE 1 We realize that the RFP schedule calls for the award of the project to be on September 9. We have set the project start date on October I".This date is set arbitrarily assuming that factors beyond anyone's control may slow progress toward the initiation of the project. 1Schedule By TasksWkl Wk2 Wk3 Wk4 Wk1 Wk2 Wk Wk4 Wk Wk Wk Wk Wk1 Wk2 Wk3 Wk4 Full Cost AfloLatio.Plan Task 1:Project initiation 1 Task2:Imerviewvarious departmental staff I, Task 3:Data collection and preparation of draft plan 1 Task4:Prepare full cost allocation plan Tasks:Review draft plan with staff and make changes as required Task 6:Review plan with staff for clarity and understanding 1 Task 7:Develop allocation measures and statistics Task 8:Meet with impacted staff for questions and clarity 1 Task 9:Finalize full cost plan Task 10:Prepare and present full Cost Allocation Plan to Select City Staff as required ComPnehensive User Fee Study 1 Step One:Calculate the Full Cost of Services Step Two:Calculate the Cost of Individual Fee Items 1 Step Three:Quality Check and Formal Review Step Four:Provide Comparison Study 1 Step Five:Prepare Report 1 Step six:Council and Stakeholder Presentations 1 1 1 1 Capital Accounting Partners, LLC Page 23 of 25 1 r .r Cost Allocation and Alas ter I ee Professional splvifp� City of Cuba Springs ATTACHMENT A: NICOLIE (NICKY( CASs LETTMI, MBA- OWNER/PARTNER Your project leader has prepared over three hundred complete cost plans and cost of service analysis in her twelve years of consulting. As a former senior consultant with Maximus and Public Resource Management Group, LLC(now MGT)and now with her own company,Nicky gained a broad base of experience working for state and local governments throughout California, Nevada,Oregon,Washington,Texas,New Mexico,and Colorado. Her excellent working rapport with the State Controller's staff and her genuine desire to help her clients provides a level of service second to none. Because of her strong desire to provide unprecedented customer satisfaction Nicky formed Capital Accounting Partners,LLC(CAP)in partnership with Tillman Sherman. Her reputation for attention to detail and responsiveness to client needs quickly built her client roster. Nicky's number one goal in every project is to provide the highest level of service to her client.She brings a depth of knowledge and experience to the complexities of cost plans and cost of services analysis.Most importantly she spends the time necessary working with you and your staff on the level of detail needed to take full advantage of every benefit the cost plan can provide while assuring Costs are properly allocated by department.Nicky is able to identify practices and procedures to make future plans easier to prepare. She will offer alternatives for improving the process,when appropriate. Her commitment is to see that the plan is done right the first time while exceeding all of your expectations. She is happy to report that EVERY ONE of her over two hundred and ninety cost plans has been turned in on time or before the due date. In addition to Nicky's commitment to her clients,she is also committed to staying abreast of local government rules and regulations including the Office of Management and Budget A-87 Regulations and has received formal training endorsed by the State of California and is scheduled for refresher course this September. Nicky has a Bachelor of Science in Managerial Economics from University of California,Davis and has her MBA in Accounting from California State University,Sacramento. � i Capital Accounting Partners,LLC Page 24 of 25 -� se'vices City of Palm spono DANIEL B. EDDS, MBA, PIMP - PROJECT CONSULTANT Dan is a project manager with Capital Accounting Partners(CAP). He has more than thirteen years of experience consulting within the public sector. a- His operational improvement work has involved problem solving and process improvement opportunities for core business processes. In these projects, business processes are evaluated for cost,and opportunities for improvement.The result is a clear understanding of how to improve the delivery of services;lower long term operational cost,and increase staff productivity. Mr.Edds has extensive training in facilitation,group decision- making and strategic planning from the Institute of Cultural Affairs. Prior to joining CAP he was a project manager with FCS GROUP,a regional JL firm out of Redmond,Washington.He also served for five and a half years as senior project manager with a major international governmental consulting firm with offices in the western United States. In that position, he conducted and managed financial and operational analysis with numerous counties and cities.His work has involved process analysis for the purpose of restructuring fees for full cost recovery of Land Development, Planning,Public Works, Recreation, Police,Fire Prevention,Hazardous Materials,GIS,Library and other services. Mr. Edds holds a Masters of Business Administration from the Albers School of Business and Economics at Seattle University.He is a regular presenter at state GFOA conferences,and has been professionally training in strategic planning and group facilitation.In addition he is a Kaplan Norton Balanced Scarecard Certiilled Graduate and he is a Baldrige QualityAward Examiner through the Washington State Quality Award program. Capital Accounting Partners,LLC Page 25 of 25 58 Capital Accounting Part -- Preparation of a User �� _ �- Fee study, City of Palm Springs— r ° ° ' � "'� � '�► Cost Proposal November 1 2013 COST AND SCHEDULE PROPOSAL COST PROPOSAL Capital Accounting Partners, LLC(CAP) is submitting for your consideration our proposal to provide the City of Palm Springs's Comprehensive Fee and Rate Study.CAP has extensive expertise in both of these services. This proposal is valid for ninety(90)days from November 26, 2013 The following is a fixed, not to exceed, price based on our reading of the RFP. Our method of payment is to invoice monthly based on the work actually performed. We will furnish all materials and services set forth herein subject to all conditions outlined in the Proposal Document at prices indicated below: Consultants Consultant Hours and Costs ruii Cost Allocation Plan Task Plan Lettlni Edds Tvtals Task 1:Project initiation N30 $ 15s Task2:Imerviewvarious departmental staff $ 1,240 Task 3:Data collection and preparation of draft plan $ 1550 Task 4:Prepare full cost allocation plan $ 4,650 Task 5:Review draft plan with staff and make changes as required $ 1,240 Task 6:Review plan with staff for clarity and understanding $ 775 Task 7:Develop allocation measures and statistics 10 $ 1550 Task 8:Meet with impacted staff for questions and clarity 4 $ 620 Task 9:Finalize full cost plan 10 $ 1,550 Task 10:Prepare and present full Cost Allocation Plan to Select City Staff as required 6 $ 930 Total Estimated Labor _.. 92 $ 14,260 Ez enses - - - "" S 1, Total Budget $ 15,260 Comprehensive User Fee Study Task Plan Step One: Calculate the Full Cost of Services 36 $ 5, Ste 580 Two: Calculate the Cost of Individual Fee Items 48 $ 7580 Step Three: Quallty Check and Formal Review 36 $ 5,580 Step Four: Provide Comparison Stud 24 $ 3,720 Step Five: Prepare Re ort 24 $ 3,720 Step Six: Council and Stakeholder Presentations 16 $ 2,480 Total Estimated Labor 0 184 $ 28,520 Total Budget Total . Budget tl FIXED FEE: The total fixed fee for full preparation and support of the User Fee Study to include tasks listed in the Scope of Service in the Technical proposal shall be $29,865. HOURLY RATES Should work outside the Scope of Service as identified in the Request for Proposal be requested of the consultant,the hourly rate for each consultant shall be: For Nicolie Cass Lettini, MBA, $155 (one-hundred fifty-five dollars) per hour; For Dan Edds, $155 (one-hundred fifty—five dollars) per hour. ASSUMPTIONS The assumptions covered in this proposal include: 1. Data supplied is in good order and accurate. 2. Agreed up schedules for on-site visits will be maintained. 3. Participants in data collection workshops and review discussions will have the necessary authority required to make recommendations on fee schedule structure and services. 4. The RFP covers the fees that appear in the City's Master Fee Schedule. S. The project covers user fees and does not include impact fees,fines, in-lue-of-fees, or taxes. 6. Each costing model will require a reasonable number of iterations.Typically 2-3. Excessive iterations, multiple scenarios,and additional calculations beyond calculating the cost of user fees may require additional compensation. 7. Data requests will be provided in good order, in timely fashion, and in a format that can be easily accessed. 8. We understand that organizational restructuring and staffing fluctuations do happen and we are happy to work within these normal variances. Occasionally, however, projects have known to come to a complete halt because of new leadership and massive organizational restructuring. We understand these realities but occasionally these events do create the need for additional work and charges. i Additional and optional services that may be requested. 1) Stakeholder and Council Subcommittee meeting to review results of the user fee study: a. Labor=$1600(day rate plus travel time);and b. Expenses=$750. 2) Additional Council meeting to review results of the user fee study: a. Labor=$1600(day rate plus travel time);and b. Expenses=$750. 3) Additional Council and/or Council Subcommittee meeting to review results of the cost allocation plan. a. Labor=$1600(day rate plus travel time);and b. Expenses=$750. Fixed,not to exceed cost=$52,330 HOURLY RATES Should work outside the Scope of Service as identified in the Request for Proposal be requested of the consultant,the hourly rate for each consultant shall be: For Nicolie Cass Lettini, MBA,$155{one-hundred fifty-five dollars)per hour; For Dan Edds,$155 (one-hundred fifty—five dollars)per hour. ASSUMPTIONS The assumptions covered in this proposal include: 1. Data supplied is in good order and accurate. 2. Agreed up schedules for on-site visits will be maintained. 3. Participants in data collection workshops and review discussions will have the necessary ! authority required to make recommendations on fee schedule structure and services. 4. The RFP covers the fees that appear in the City's Master Fee Schedule. !, 5. The project covers user fees and does not include impact fees,fines, in-lue-of-fees, or taxes. 6. Each costing model will require a reasonable number of iterations.Typically 2-3.Excessive iterations, multiple scenarios,and additional calculations beyond calculating the cost of user fees may require additional compensation. 7. Data requests will be provided in good order, in timely fashion,and in a format that can be easily accessed. 8. We understand that organizational restructuring and staffing fluctuations do happen and we are happy to work within these normal variances.Occasionally, however, projects have known to come to a complete halt because of new leadership and massive organizational restructuring. We understand these realities but occasionally these events do create the need for additional work and charges. 61 ATTACHMENT"C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED ENVELOPE#2 "Cost Proposal", NOT with Envelope#1,Technical/Work Proposal*) REQUEST FOR PROPOSAL(RFP#08-14) COMPREHENSIVE FEE AND RATE STUDY COST PROPOSAL Responding to Request for Proposal No. 08-14 Comprehensive Fee and Rate Study, I/WE will accept as full payment the following "not-to-exceed"fixed fee including all associated fees (i.e. printing costs, attendance at meetings, etc.) and be based on achievement of deliverables, which should be outlined on the consultant's proposed timeline for providing all services to complete the Comprehensive Fee and Rate Study.The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver a comprehensive fee and rate study as defined in the Scope of Work herein. TOTAL NOT-TO-EXCEED AMOUNT: $45,280 (PRICE IN FIGURES) Forty five thousand,two hundred and eighty dollars. (PRICE IN WORDS) • In the event that additional services are required beyond the scope of work as defined in this document, please provide your hourly rate(regular business hours only*)$155/hour • Hourly rate for additional services not covered in RFP document. $155. • Hourly rates for all Project Team members: $155. Administrative Rates for additional services not covered in RFP document.$N/A • Hourly rate for any sub-consultant used in this Fee Study not covered • in this RFP document. $N/A • Indicate time in calendar days,for completion after receipt of notice to proceed: 120 (based upon the City's ability to maintain an agreed upon schedule DAYS(NTP). i EXHIBIT"D" SCHEDULE OF COMPENSATION COMPREHENSIVE FEE AND RATE STUDY COST PROPOSAL The following "not-to-exceed" fixed fee including all associated fees (i.e. ptinting costs, attendance at meetings, etc.) to be based on achievement of deliverables, which should be outlined on the consultant's proposed timeline for providing all services to complete the Comprehensive Fee and Rate Study. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver a comprehensive fee and rate study as defined in the Scope of Work herein. `. TOTAL NOT-TO-EXCEED AMOUNT: $ 52,330.00 (PRICE IN FIGURES) Fifty Two Thousand, Three Hundred and Thirty Dollars (PRICE IN WORDS) In the event that additional services are required beyond the scope of work as defined in this document, please provide your hourly rate (regular business hours only') Hourly rate for additional services not covered in RFP document. $ 155.00 Hourly rates for all Project Team members: $ 155.00 Administrative Rates for additional services not covered in RFP document. $ n/a Hourly rate for any sub-consultant used in this Fee Study not covered in this RFP document. $ n/a Indicate time in calendar days,for completion after receipt of notice to proceed: 120(based upon the City's ability to maintain an agreed upon schedule 120 days(NTP). 63 EXHIBIT i°E" SCHEDULE OF PERFORMANCE and Master Fee Prafesslonal K*W,J SECTION D: SCHEDULE PROPOSAL SCHEDULE We realize that the RFP schedule calls for the award of the project to be on September 9.We have set the project start date on October 1't.This date is set arbitrarily assuming that factors beyond anyone's control may slow progress toward the initiation of the project. "I V*z1voialwk4witx , ; NY$4+tac..: wk xwlrz an s: s. Task 2:Project iolthitlon Task 2:Intefview WooVz departmemai Stall pp° Task 3:Data coliectbn and preparation of Craft plan Task4:Prepare fuil cost allocation plan Task S:Review Craft Plan with staff and make 41herhiphsas required Task 6:Review plan with staff for clarity and urdendandinR Task 7:Oevek)p allOfAtiOn 111@84nfe5 8[W Stat15[ILS task R:meet with impacted staff for questions vd clarity Task%Finalize full cost plan Task M:Prepare and present full Cost Nlecatlon 13a1,to Select City Staffaire aired Step Une:Calculate the Fuli Cest o1 Services Step TWO:Calculate me Cost Of Indlvkual Fee Items it Step Three'Quillty Check aM Formal Revlesv Step Four Provide Companson Study Step Fhoet Prepare Report Step So!Council and Stakelrober Pfesentotlani t 64