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Fin User Fee Study ServicesAGREEMENT FOR USER FEE STUDY SERVICES This Agreement is made and entered into this/,5 day of 6 , 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MGT OF AMERICA CONSULTING, LLC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY issued a Request for Qualifications seeking services of a qualified professional firm experienced in cost recovery to prepare a comprehensive review and evaluation of citywide user fees; and WHEREAS, the CONTRACTOR submitted a timely proposal, which was selected by the CITY; and WHEREAS, the CONTRACTOR represents that it is able and willing to provide such services to the CITY; and WHEREAS, in undertaking the performance of this Agreement, the CONTRACTOR represents that it is knowledgeable in its field and that any services provided by CONTRACTOR under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. Daniel A. Soto is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Patrick Dyer is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform during the term of this Agreement the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the attached Scope of Services identified as Exhibit A, attached hereto and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Section 4, and perform the duties as described in Exhibit A attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: A. CITY agrees to pay, and CONTRACTOR agrees to accept as total payment for its services for CITY, the rates and charges identified in the attached cost proposal identified as Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $32,835. B. At the time of contract execution, CONTRACTOR shall invoice CITY in the amount of $3,283.50. C. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. The amount due per month will be based on the remaining amount of the not -to -exceed amount divided by the anticipated number of months to complete the project. D. Payment by CITY shall be made within forty- five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year, commencing on October 1, 2019 and ending on September 30, 2020, unless terminated earlier in accordance with Section 6 below. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to one year. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or worker's compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONTRACTOR under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. 5 B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to G be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Daniel A. Soto Associate Management Analyst City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 TO CONTRACTOR's Project Director: J. Bradley Burgess Executive Vice President, Financial Solutions MGT of America Consulting, LLC 2251 Harvard Street, Suite 134 Sacramento, CA 95815 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR MGT of America Consulting, LLC (!Y--. : J SCK Z, Ci Man er J�B�ur ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEINCity A mey Title: Executive Vice President [If Contractor is a corporation, add signature of second corporate officer] Name: A.Trey Traviesa Title: Chairman and CEO EXHIBIT A SCOPE OF SERVICES USER FEE STUDY WORK PLAN This section of the proposal identifies MGT understanding of the City's requirements for preparation of the City's user fee study. We will work with City staff to build a solid foundation to design a fee schedule that reflects the way that the City wishes to manage its cost recovery program. The following is a detailed work plan that identifies the tasks necessary to complete the study. TASK 1.0: CONDUCT INTRODUCTORY MEETINGS WITH RELEVANT PERSONNEL Meet with City personnel who have responsibility or a high interest in the user fee study. This meeting will refine the specific objectives, requirements, measurements, and schedule of the user fee study, and will establish the overall objectives of the study. We consider this meeting vital to successful project results including acceptance by department directors and officials as well as the City's elected officials. TASK 2.0: COMPARISON SURVEY To determine practices by surrounding cities that charge for similar services, and to augment MGT's existing knowledge of industry standards and best practices, MGT will conduct a survey based on a limited number of common fees and up to five comparison agencies. Our team will assist the City to select the best cities to use for comparison purposes and help design the comparison study to help the City to develop new fees and charges, as well as generally understand relative fee recovery levels. MGT will also provide the City with a list of similar cities who have recently had fee studies done, so the comparison numbers are relevant. Surveys and comparisons that look solely at per fee amounts are of limited value. MGT's comparison surveys provide additional demographic and structural information that provides perspectives required to make informed fee level recommendations. This level of analysis isn't necessary for all departments and all fees, but is very useful for complex areas, such as building. TASK 3.0: COLLECT BASIC FINANCIAL DATA MGT will collect and compile financial data such as expenditure statements, budgets, and salary reports. We will work with City personnel to develop and gather the needed data in the most efficient way possible. This data will provide the foundation for developing the total costs, direct and indirect, associated with each user fee service identified in Tasks 4 and 5. TASK 4.0: CATALOG ALL EXISTING USER FEE ACTIVITIES MGT will create an inventory of all the user fee services provided by the City. TASK 5.0: IDENTIFY POTENTIAL NEW USER FEE SERVICES Using our experience in other jurisdictions and our extensive data base of fees, we will create an inventory of potential new user fee services that are currently provided by the City but have no corresponding current revenue. 10 TASK 6.0: ISSUE AN INVENTORY MEMORANDUM Based on the outcomes from Tasks 4 and 5, MGT will write and issue a memorandum documenting all user fees within selected departments within the City. This inventory will establish the scope of the services to be included in the cost analysis. TASK 7.0: DEVELOP DATA GATHERING WORKBOOKS Using the financial and staffing information and user fee inventory collected in earlier tasks, MGT will develop data gathering workbooks to be used when interviewing city personnel. MGT will pre -populate our Excel -based user fee model with staffing and budget information, user fee services, and other support or non -fee related functions. These workbooks are extremely helpful in facilitating discussion about how user fee services are provided and will also provide the City with a comprehensive view of resource allocation and utilization for each department included in the study. TASK 8.0: INTERVIEW DEPARTMENTS, DIVISIONS, OR UNITS PROVIDING USER FEE SERVICES MGT will interview City personnel providing the user fee services identified in Tasks 4 and 5. In these interviews, we will determine the following information related to the user fee services provided: • A unit of measurement for each user fee service provided. • The personnel providing each user fee service. • The amount of time spent to provide one unit of a user fee service. • The amount of time spent per year providing all user fee services. TASK 9.0: PREPARE DRAFT USER FEE SCHEDULES MGT will enter data into the firm's user fee calculation model, including any indirect costs that are not captured by the City's cost allocation plan. We will then calculate the full direct costs and indirect costs of each existing and potential new user fee service. The user fee schedules created in this task are extremely detailed. Every cost component of the user fee service is identified and supported by detailed, yet clearly and concisely presented calculations. MGT will identify and compare services cost with existing recovery levels. Up to three versions of the draft schedules are included in this scope. TASK 10.0: CONDUCT INTERNAL REVIEW OF THE DRAFT FEE SCHEDULES MGT will undertake an internal review process to increase the precision of the user fee schedules. This review includes the following steps: • A formal review by the project director of the study's assumptions and output. Compare user fee calculations to prior studies, if available. Variances are identified, researched, understood, and explained to relevant individuals. The comparison and variance analysis between years, which is available to City personnel, raises the accuracy of project results. A final review of the user fee model by a project quality assurance consultant. This experienced consultant, although not directly involved in the project, has a fresher perspective of the project than does the lead and project consultants. This perspective incorporates knowledge from dozens of similar projects. TASK 11.0: PRESENT INITIAL CALCULATIONS TO DEPARTMENTS AND STAKEHOLDERS MGT will review the initial user fee calculations with personnel from each department, division, section, or unit; make changes as required. Although the user fee schedules are detailed, our consultants will spend as much time as requested with city personnel to fully explain the cost components of each user fee service. Our experience in conducting hundreds of these types of reviews helps facilitate this step. TASK 12.0: RECALCULATE AND REVIEW USER FEE SCHEDULES Recalculate data as required within the agreed upon review window. To keep the bid as reasonable as possible, we have calculated the number of hours to include two drafts of the user fee schedules and one final version. If the City requires additional drafts, we will be happy to provide them on a time and expenses basis. TASK 13.0: DEVELOP RECOMMENDATIONS FOR FEE ADJUSTMENTS MGT will work with City personnel and stakeholders to review and apply existing policies regarding cost recovery. San Rafael staff and Council spent considerable effort to establish appropriate cost -recovery percentage targets for each fee area during the 2011 study. MGT will work with staff and Council to update these policies for the current environment. Recommendations for modifications to the City's policies for cost recovery of user fee services will also be considered. City officials will consider many factors when deciding to adopt or modify a user fee policy. These factors could include: • All MGT recommendations will comply with State limitations. • A desired policy to establish user fees at a level that permits lower income groups to participate in services that they might not otherwise be able to afford. • A consideration of community -wide benefit versus specific benefit. • Public -sector agencies' monopoly on providing certain services within its boundaries, such as development -related services. • Pricing services that encourage or discourage certain behaviors. • The cost of establishing a cost recovery system for some services may outweigh the benefits derived for certain services. • For recreation or community services where full cost recovery is unrealistic, develop a policy and recommendations based on best practices and industry standards in the City's region. This is encouraged under Proposition 26. • best practices for collection of fees adopted by the City, which may include estimation and collection of deposits and tracking costs for large development projects. We bring to this project experience from many similar projects that will help City officials understand the relevant factors involved and integrate the factors involved in determining City policies. 12 TASK 14.0: PREPARE FINAL USER FEE SCHEDULES MGT will prepare final user fee study summary schedules displaying costs and revenues of each existing and potential user fee service. The user fee summary schedules will include the following information: • Master Fee Schedule • A comprehensive list of all user fees by department • Current fees charged • The full cost of providing each user fee activity • The subsidy (or over -recovery) of each fee • Recommended adjustments to each fee • A summary user fee cost analysis for each fee (shown here). This summary page is a terrific way to see the pertinent elements of cost for every fee charged by the City without having to dig through a large final user fee report. Citizens and city staff members who work with them really appreciate these individual summaries. TASK 15.0: PRESENT RESULTS TO OUTREACH GROUP AND CITY OFFICIALS MGT will present, or assist in presenting, the final user fee study results to outreach groups (e.g. Building Industry Association, chamber of commerce) and city officials. These presentations will include a Report of Findings, summarized information on a fee -by -fee basis and all detail reports. TASK 16.0: PROVIDE COPIES OF DOCUMENTS AND MATERIALS Up to ten bound copies and one unbound copy of the final report, as well as an electronic of version will be provided to the City (PDF). TASK 17.0: PROVIDE MODEL AND TRAINING Provide the final copies of the customized Excel -based cost of service models for future use by the City as requested. TASK 18.0: PROVIDE GUIDANCE AND ASSISTANCE A hallmark of our client -centered approach is our desire to provide guidance, and assistance to all appropriate city officials and personnel on reading, understanding and applying the results of the user fee study, and the associated schedules and calculations. 13 EXHIBIT B: FEES A. For the comprehensive citywide User Fee Study services, MGT presents the following maximum not -to -exceed amount: $32,835. The table bellow illustrates the detail behind the not -to -exceed amount. User Fee Study Task Hours Total 1. Introductory Meet / Project Memo 2 $ 330 2. Comparison Survey 16 $ 2,640 3. Collect Core Data 12 $ 1,980 4. Catalog Existing Fees 4 $ 660 5. Identify Potential New Fees 4 $ 660 6. Issue Fee Inventory Memo 4 $ 660 7. Develop Data Workbooks 8 $ 1,320 8. Department Interviews 36 $ 5,940 9. Prepare Draft Fee Schedules 20 $ 3,300 10. Quality Control & Internal Revenue 8 $ 1,320 11. Present Draft Calculations 8 $ 1,320 12. Review / Revise Drafts 32 $ 5,280 13. Develop Recommendations 16 $ 2,640 14. Prepare Final Schedules and Report 16 $ 2,640 15. Outreach / Council Presentations 8 $ 1,320 16. Provide Copies and Materials 2 $ 330 17. Provide Model / Training 3 $ 495 Total 199 $ 32,835 B. MGT will provide monthly invoices to the City. It is customary for MGT to invoice 10% of the contract price at the time of contract execution. This invoiced amount covers MGT efforts on strategy sessions, preliminary on-site meetings, project planning and items not tied to fixed fee tasks outlined in the proposal. The amount due per month will then be based on the remaining amount of the fixed fee amount divided by the anticipated number of months to complete the project. 14 RAFq�` 1 �o /Ty VV1TH CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Finance Project Manager: Daniel A. Soto Contractor Name: MGT of America Consulting, LLC Contractor's Contact: Patrick Dyer; (916) 443-3411 Extension: (415) 485-3062 ❑ FPPC: Check if Contractor/Consultant must file Form 700 Contact's Email: pdyer@mgtconsulting.com Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 10/7/2019 ❑ 10/7/2019 b. Email contract (in Word) and attachments to City City Attorney Attorney c/o Laraine.Gittens@cityofsanrafael.org 10/4/2019 ❑ 2 a. Review, revise, and comment on draft agreement ® LG and return to Project Manager 10/1/2019 ® LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 10/14/2019 ® DS contractor 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature When necessary, contractor -signed agreement enter a date. 5 Project Manager ® N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 10/14/2019 DS Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed I d1 agreement �s11 Q 01151 �' 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorized 9 City Manager/ Mayor City Clerk official Attest signatures, retains original agreement and/ IK 10 forwards copies to Project Manager 16//S—//"/ 7W LL