HomeMy WebLinkAbout25O - AGMT - USER FEE STUDYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
AGREEMENT WITH WILLDAN
FINANCIAL SERVICES FOR
PREPARATION OF A USER FEE STUDY
{STRATEGIC PLAN NO. 4,3D)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a consulting services agreement
with Willdan Financial Services for a two -year term beginning April 18, 2017, and ending April 17,
2019, to prepare a User Fee Study, for a total amount not to exceed $36,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney,
DISCUSSION
The City charges user fees for specific services and programs to recover costs to provide those
services. Best practices require that agencies periodically analyze and update the fee rates in
order to ensure appropriate cost recovery. The last comprehensive cost of services study was
undertaken in 2008. The new User Fee Study will ensure that the City is accurately accounting
for the true cost of providing various programs and services for City - provided services and
operations. It is the City's goal to have a well- documented and defensible analysis that will
identify labor, material, and overhead rates to be used in the calculation of fees to be charged for
a variety of user fees, including plan checking, permits, City facility usage; and to develop user
fees that comply with Proposition 218.
Staff released a Request for Proposals on May 18, 2016 and received three proposals from firms
specializing in local government financial analysis. A selection committee comprised of staff from
the Public Works Agency, Planning and Building Agency, Finance and Management Services,
and the Police Department reviewed the proposals and rated each firm based on a number of
criteria: demonstrated knowledge and capabilities, experience, proposed approach, project rates
and fees. Of the three firms, two met the selection committee's minimum criteria and were
interviewed with the final results as follows:
Rank
Firm
Average Score
1
Willdan Financial Services
95
2
MGT J
87
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Agreement with Willdan Financial Services for User Fee Study
April 18, 2017
Page 2
Based on rating and cost, it is recommended that Willdan Financial Services be retained for an
amount not to exceed $36,000 for development of a User Fee Study. The contract includes an
amount of $29,835 for the defined scope of services, and a contingency budget of $6,165 for any
additional services or analysis which may be necessary during the course of the fee study.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability,
Objective #3 (maintain a structurally balanced budget with appropriate reserve levels), Strategy D
(establish a committee of City staff to explore innovative revenue and cost recovery strategies
(i.e. full cost recovery, receivership program, etc.)).
FISCAL IMPACT
Funds are budgeted and available for expenditure in Fiscal Year 2016/17 as follows:
Agency
Account Description
Account Number
Amount
PWA
Administrative Services, Contract
10117601 -62300
$12,000
$2,000
Services- Professional
2017 -18
$10,000
PRCSA
Recreation and Community Services,
01113230 -62300
$12,000
$12,000
Contract Services - Professional
$12,000
$36,000
PBA
Permit & Plan Check, Contract
01116530 -62300
$12,000
Services-Professional
TOTAL:
$36,000
The proposed project spending plan is as follows:
FISCAL
YEAR
10117601 -62300
01113230 -62300
01116530 -62300
TOTALS
2016 -17
$2,000
$2,000
$2,000
$6,000
2017 -18
$10,000
$10,000
$10,000
$30,000
TOTAL
$12,000
$12,000
$12,000
$36,000
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Agreement with Willdan
April 18, 2017
Page 3
Financial Services for User Fee Study
VAtA_,-
rred Mousavipour
Executive Director
Public Works Agency
Hassan H hani
Executive Director
Planning & Building Agency
FM:TH
Exhibit: 1. Agreement
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez t //
Executive Director
Finance & Management Services Agency
Jeannie Jurado
Acting Executive Director
Parks, Recreation and Community Services
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250 -4
CONSULTANT AGREEMENT
CITY OF SANTA ANA
This AGREEMENT is made and entered into this 18" day of April , 2017 by and between the City of
Santa Ana, California, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California, (hereinafter "CITY ") and Willdan Financial Services
(hereinafter "CONSULTANT ").
RECITALS
A. The CITY desires to retain a consultant having special skill and knowledge in the field of
financial analysis for local governments to prepare a user fee study.
B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to
the CITY.
C. In undertaking the performance of this Agreement, CONSULTANT represents that it is
knowledgeable in its field and that any services performed by CONSULTANT under this
Agreement will be performed in compliance with such standards as may reasonably be expected
from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
CONSULTANT 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 Scope of Services - Exhibit A, attached
hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery
of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to
Proceed.
2. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for
CITY, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated
by reference, the total amount of which shall not exceed Thirty Six Thousand Dollars and No Cents
($36,000) for the term of the agreement. Compensation shall be processed in accordance with Section
18.
K
This Agreement shall commence on the date first written above for a two -Year term, unless
terminated earlier in accordance with Section 15, below.
Exhibit 1
rev. 01t26/2017 Page 1 of
250 -5
4. INDEPENDENT CONTRACTOR
CONSULTANT shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be
construed to create an employer- employee relationship, a joint venture relationship, or to allow the
CITY to exercise discretion or control over the professional manner in which CONSULTANT performs
the services which are the subject matter of this Agreement; however, the services to be provided by
CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations
governing such services. CONSULTANT shall pay all salaries and wages, employer's social security
taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for CITY to copy, use, modify,
reuse, or sublicense any and all copyrights, designs,, and other intellectual property embodied hn plans,
specifications, studies; drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
CONSULTANT under this Agreement ( "Documents & Data "). CONSULTANT shall require all
subcontractors to agree in writing that CITY is granted a non- exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and
warrants that CONSULTANT has the legal right to license any and all Documents & Data.
CONSULTANT makes no such representation and warranty in regard to Documents & Data which were
provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at CITY's sole risk.
G. INSURANCE
Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. CONSULTANT shall maintain commercial
general liability insurance naming the CITY, its officers, employees, agents, volunteers
and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence arising
out of CONSULTANT's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a)
name the CITY, its officers, employees, agents, and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
programs maintained by the CITY; and (e) contain standard separation of insured's
provisions.
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b, Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to
be insured against liability for worker's compensation or to undertake self - insurance.
Prior to commencing the performance of the work under this Agreement,
CONSULTANT agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d, If CONSULTANT is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by CONSULTANT
pursuant to this section:
i. CONSULTANT shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the CITY upon execution of this
Agreement and shall be approved by the CITY.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the CITY.
iv. CONSULTANT shall supply CITY with a filly executed additional insured
endorsement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's
election, to forthwith terminate this Agreement. Such termination shall not affect
CONSULTANT's right to be paid for its time and materials expended prior to
notification of termination. CONSULTANT waives the right to receive compensation
and agrees to indemnity the CITY for any work performed prior to approval of insurance
by the CITY.
INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold
harmless CITY, its officers, agents and employees (collectively, the "indemnified parties ") from and
against any and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to
any work 'performed or services provided under this Agreement arising out of, relating to or pertaining
to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents,
employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing,
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nothing herein shall be construed to require CONSULTANT to indemnify the indemnified parties from
any claim arising from the sole negligence or willful misconduct of the indemnified parties. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the CONSULTANT.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by CONSULTANT to the CITY pursuant to this Agreement,
9. RECORDS
CONSULTANT shrill keep records and invoices in connection with the work to be performed
under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged to the
CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of
final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly
identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this Agreement during
regular business hours. CONSULTANT shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years from the date of final
payment to CONSULTANT under this Agreement.
10. CONFIDENTIALITY
If CONSULTANT receives from the CITY information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, CONSULTANT agrees that
it shall not use or disclose such information except in the performance of this Agreement, and further
agrees to exercise the same degree of care it uses to protect its own information of like importance, but
in no event less than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed to
either party by any subsidiary and /or agent of the other party is covered by this Agreement. The
foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been
disclosed in publicly available sources; (b) is, through no fault of the CONSULTANT disclosed in a
publicly available source; (c) is in rightful possession of the CONSULTANT without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by
the CONSULTANT without reference to information disclosed by the CITY.
11. CONFLICT OF INTEREST CLAUSE
CONSULTANT covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by
reference.
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12. DISCRIMINATION
CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations and as further specified in Certifications
- Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the CITY and
CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate CONSULTANT or the CITY. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied
herein,
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT,
CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the CITY and any such assignment, transfer, delegation or subcontract without the
CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the CITY's ability to have any of the services which are the subject to this Agreement
performed by CITY personnel or by other consultants retained by CITY.
15. TERMINATION
This Agreement may be terminated by the CITY upon thirty (30) days written notice of
termination. In such event, CONSULTANT shall be entitled to receive and the CITY shall pay
CONSULTANT compensation for all services performed by CONSULTANT prior to receipt of such
notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require CONSULTANT to
deliver to the CITY all work product(s) completed as of such date, and in such case such
work product shall be the property of the CITY unless prohibited by law, and
CONSULTANT consents to the CITY's use thereof for such purposes as the CITY deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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250 -9
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing
of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
18. PAYMENTS & INVOICES
a 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,
b. Invoices should be submitted on the 15th of each month and shall include the following
information at a minimum:
I. CONSULTANT's invoice number and CITY's agreement number
ii. Beginning and ending dates for services
iii. CITY Project and /or Task Order number and /or name (if applicable)
iv. Work site address /location (if applicable)
V, Tasks or deliverables completed and percentage ( %) of total services completed.
vi. Remaining Overall and Task Order budget available
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any
injuries or damages to CITY in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn,
C. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly set
forth in the body of this Agreement.
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20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified marl, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To CITY:
Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714) 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714) 647 -5635
To CONSULTANT:
Chris Fisher
Vice President -Group Manager
Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590
Fax: (951) 587-3510
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714) 647 -6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY
holidays shall be excluded.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
above written,
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: /.
J FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
GERARDO MOUET
Acting City Manager
CONSULTANT:
Willdan Financial Services
ROBERT CHRIS FISHER
Vice President -Group Manager
Tax ID#
250 -12
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EXHIBIT A
SCOPE OF SERVICES
250 -13
city of Santa Ana I California
D. Understanding of Need
Executive Summary
Based upon our review of the City's Request for Proposal, and on our extensive experience with exactly this
type of project, Willdan Financial Services ( "Wilidan ") is confident that we can meet the City's objective of
reviewing, and evaluating the identified categories of user fees, developing appropriate and defensible
methods of analysis to determine the full cost of providing various City services, and then recommending
updated fee amounts based upon this analysis. The overall objective is to establish an updated schedule of
fees that is objective, fair and equitable, that maximizes the recovery of the costs of providing City services.
The end products will include a report and a user- friendly Excel -based model, which City staff will retain, and
which can be easily updated in the future. The model will be used to calculate and analyze the components
that make up the full cost of services provided by the City, the recommended level of cost recovery (taking
Into account appropriate subsidies), and the revenue impacts to the City of proposed changes in fees. Most
importantly, we will ensure that the results and recommendations are clear and understandable, defensible,
and easily implementable.
For this user fee study, we will meet directly with departmental representatives at the City, to discuss the
approach and process that is best suited for each fee category; and then in more detail to Identify processes
and levels of activity and effort involved in providing services for which user fees are paid. Through this
process we will identify the full cost recovery amount for each fee related activity, compare this with the City's
current cost recovery levels, and then discuss with staff, policy and /or political concerns that need to be
considered in developing recommended fees. Final recommended fees will be the result of these collaborative
discussions, so that they reflect realities and considerations that are specific to the City of Santa Ana.
We will review and analyze existing userfee programs, and based upon conversations with City staff, a review
of other neighboring cities, and our experience with fee programs in other cities, make suggestions as
necessary for fees that may need to be added to the City's fee schedule, for activities that occur with some
regularity, for which a fee is not currently being charged. We will also review other similar Orange County
jurisdictions to provide a comparison of common fees. In determining specific agencies to utilize in the
comparison, we will provide our own recommendations, and consult with City staff to understand their view
of comparable agencies.
For a successful and effective engagement, it is important to have a thorough understanding of the structure
and organization of the City. We bring years of successful experience working directly with hundreds of cities
throughout California, and specifically with the City of Santa Ana.
Wilidan possesses the resources, practical experience, creative thinking, and collaborative consulting skills
necessary to complete this important project. Key distinct advantages that Willdan brings to the City include
the following:
On-site Data Gathering: Our experience has taught us that working together, via face -to -face discussions,
Is the most efficient and thorough way to ensure that results are accurate, and that studies are completed in
a timely manner, which again, is critical in this proposed engagement. Consequently, through on -site
interviews with your staff, Willdan will collect the majority of required data for the user fee study. This method
Is better than the typical "time and motion surveys" that are provided to agency staff when studies like these
are conducted. This process ensures that we gather the data we need in one coordinated step, rather than
having to go through repeated follow -up and clarification. This approach and the dedication of proposed
project team will help ensure we meet the City's timeline and objectives, and provide important
Information to City staff and the Council as soon as possible.
Public Engagement: Our models and project approach are geared toward delivering our work on schedule
and presenting our analysis results at public meetings and Council workshops. While the City Council and
local business community may be generally supportive of increasing fees where necessary, it will be important
to present recommendations to them in a way that clearly demonstrates the rationale and supporting analysis.
The Willdan Team is experienced at communicating complex analytical results in a manner that is easy to
Comprehensive. Innovative. Trusted. 10
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250 -14
City of Santa Ana
User Fee Study
City of Santa Ana I California
understand by non- finance oriented individuals and facilitates discussion. Mr. Fisher has coordinated or
participated in numerous public and staff workshops regarding fees and cost of service based charges. As
previously mentioned, our objective is to provide useful, detailed information to the Council and City staff,
necessary to make important decisions. Our experience ensures that we can meet this objective.
User - friendly Models and Reports: Willdan prides itself on creating user - friendly Excel -based models that
the City can retain, and conducting our analysis and developing the model collaboratively with City
staff. With City staff's immediate input and collaboration; Willdan will design an extremely flexible, intuitive
Excel -based model. In the future, as the City assumes new responsibilities, modifies existing processes,
and /or eliminates unnecessary services or programs, the model will be capable of adding or deleting funds,
objects, departments, programs, staff positions, and activities. Willdan understands that issues facing the City
are unique; consequently, we design our model to match your immediate and desired needs to ensure that
end results exceed staff expectations. This model is then the City's to retain, after our study is
completed, and allows us to create revenue projections, highlight potential new revenues and current
levels of subsidy.
Experience with Development Service Processes: A unique aspect of our firm is our relationship with our
Engineering Division. For many agencies throughout California and other Western states, this division
provides contracted services in planning, engineering, and building and safety. When conducting cost
recovery studies, we regularly consult with our engineering and land - development staff of experts on
development - related issues. By working with our planners, engineers, and building officials, we understand
development - related agency service procedures and workflow functions, which often make the entire user
fee study process smoother for your staff.
A key element of this study is presenting results and recommendations in a straightforward mannerthat allows
Council and staff to confidently make fee setting policy decisions, and understand the impacts of those
decisions. Rather than using an inflexible proprietary software program, we construct our models from the
ground up, and as previously discussed, mirroring the City's budget format wherever possible. As a result,
the information contained In our models is easy for City staff to Interpret, and the familiar software
ensures ease of navigation. As the model is being designed and constructed, we will work together with
City staff to determine the best and most effective features to include, such as Index links and color- coding to
identify input cells and protected formulas.
After the project is completed, we will provide training, so that your staff can independently and efficiently
evaluate the effects of changes in certain factors. Created directly from the models, our reports clearly and
graphically illustrate bases for the allocation of costs, the full cost recovery level of fee programs, provide
projections of revenue from fee programs, both at full cost recovery and at recommended levels, break down
the costs into direct and Indirect overhead categories, and present the fee methodologies.
User Fee Study Approach
In order to comprehensively and regularly update fees, the City should develop a comprehensive user fee
schedule that accurately accounts for the true cost of providing services. Once the study is complete, the user
fee study model must be flexible so that the City can add, delete, and revise fees in the future. To meet this
goal, we will bring our expertise and unique perspectives to your fee study by approaching the project with
these four principles:
1) Technical Expertise
The City's fee and rate study requires a professional firm possessing years of user fee study experience. Our
staff has performed user fee studies for agencies ranging in size from the City of Rolling Hills (population
1,500) to the City of Phoenix (population 1,500,000). These studies presented unique opportunities for our
staff to incorporate enhancements into each fee model's capabilities. Willdan staff members assigned to this
project developed user fee expertise through the completion of dozens of such projects, which will benefit the
City as they evaluate the fees associated with the services delivered.
2) Defensibility
Our user fee projects have not been legally challenged since the inception of this practice area in our firm.
We have accomplished this by closely working with legal counsel familiar with user fee studies, our
Comprehensive, lnnovative. Trusted.
911, 11 City of Santa Ana
. 250 -15 User fee Study
City of Santa Ana I California
engineering division and with agency staff. In this way, we can tailor the correct approach to ensure full cost
recovery combined with a sound and reasonable basis for each user fee you implement.
While Proposition 218 does not directly apply to non - property - related fees, we employ principles from this
Important constitutional article to make certain that your user fee schedule is developed with fairness, equity,
and proportionate cost recovery principles in mind. With the addition of Proposition 26, Willdan will review
each analyzed user fee for compliance and appropriateness to ensure continued defensibility.
Although our fee studies have not been challenged, we have assisted cities that have encountered prior legal
challenges to their current fee schedules. We are frequently brought into situations in which we help prepare
user fee schedules that are acceptable to both the agency and challenging party. Through this process, we
have developed a wide variety of fee approaches that we can bring to the table for this fee study to meet your
defensibility requirements.
3) Project and Staff Time
The City must have a sound and technically defensible fee schedule to ensure costs are appropriately
recovered, as applicants approach the City for Its services. Our standards and approaches serve to get to the
issues of your fee study quickly. Starting with the project kick -off, we will make certain that your staff
understands the purpose and scope of the study and its corresponding on -site departmental interview. As
Willdan is able to communicate directly with the service providers, this face -to -face interaction provides
valuable time estimates. In addition, Willdan is able to extract information beyond normal time and motion
data, which allows a more usable and comprehensive fee schedule. By working collaboratively with your staff
during on -site meetings, we help ensure that the survey process does not become a burden; but, rather, a
simple means by which to ensure adequate cost recovery.
4) Responsiveness
We take great pride in providing responsive service to our client agencies. Frequent communication Is critical
to a successful fee study experience. We will provide a list of data requirements in advance of the project
kick -off meeting. Due to this simple step, the introductory meeting can focus on the survey Input process,
answering questions, determining policy goals, and defining next steps in the project. We will follow up weekly
with you at each step in the fee study process to make sure that staff "buys in" to the fee study approach and
results. If we feel that the project schedule is starting to slip, we will immediately notify your staff to discuss
ways to steer the project back on track to meet the City's timing goals.
User Fee Steady Methodology
Our approach to preparing the user fee study and documentation for Santa Ana includes:
• Close coordination with your staff to devise a consensus approach. Different programs and /or different
service delivery methods will necessitate different approaches. We will discuss specific pros and cons with
City staff as we determine which methods work best for various categories of fees;
• Strict adherence to key legal and policy issues with regard to user fees, including the percent of cost
recovery that the City seeks to achieve. A user fee shall not be set higher than the reasonable cost of
providing a fee - generating service. Our approach provides you with a fee schedule that achieves maximum
legal cost recovery while ensuring that each fee is supported by technically defensible documentation; and
- Technical analysis necessary for project participants to resolve policy issues.
As described below, there are two basic approaches to calculating user fees:
Approach 1: Case Study Method
This is also sometimes referred to as a cost build -up approach. Using a time and materials approach, the
"Case Study Method" examines the tasks, steps and City staff involved in providing a particular 'unit' of
service, such as a permit review, and then uses that Information to develop estimates of the actual labor and
material costs associated with providing a unit of service to a single user. It is often used when a service is
provided on a regular basis, and staff and other costs associated with the service can be segregated from
available budget data. Estimated costs, based on City staff interviews regarding the time spent on specific
tasks, and on the review of available records. Willdan will most likely recommend using this methodology to
determine the full cost of a service for which the process and steps can easily be identified, and associated
,,; ),1
1
A Comprehensive. Innovative, Trusted. 12
250 -16
City of Santa Ana
User Fee Study
City of Santa Ana I California
with one occurrence. Examples where this method could be used are: reviews of applications and permits,
requests for specific individual services or inspections, and licenses.
A typical case study fee model should comprise the following three general cost layers:
1) Central Services Overhead: This category
may Involve such costs as labor, services, and
supplies that benefit more than one department,
division, or project. The exact benefits to specific
areas are impossible to ascribe to a single
activity. Examples are purchasing, human
resources, and liability insurance. As part of the
user fee study, these costs are calculated in the
overhead cost review.
2) Department Overhead: This category may
include expenses related to such items as office
supplies, outside consultants, and membership
dues. It may include management, supervision,
and administrative support that are not provided
to a direct fee - generating service. Typically, these
items are charged, on an item -by -item basis,
directly to the department, division, or project.
e
•
3) Personnel Costs: This category refers to
Costs _
direct salary and benefit costs of staff hours spent
on providing a fee - generating service (e.g., on -site building inspector),
N
Approach 2; Average Cost Method
This is also sometimes referred to as a programmatic approach, because it looks at costs at a program level,
and then allocates them to participants on an occurrence basis. By taking total service costs across a
substantial sample period (a year), and dividing by the total number of service units delivered over that same
period, costs per unit of service is estimated.
This approach is useful when services or programs are provided in a more aggregate manner, where it might
be difficult to identify a specific sequence of steps associated with one user or participant; or where it is not
feasible to cost- effectively segregate costs associated with specific activities.
An example of where this approach is applicable is recreational programs. In these cases, residents or
customers sign up to participate in a group activity, with one instructor, using a building that is shared by
multiple programs or activities. In this case segregating costs associated with one participant would be very
difficult; so by determining the cost of a program (such as aquatics for Instance), and attributing that cost to
participants based on historical and /or planned participation levels, a cost per user can be calculated.
User Fee Study Work Plan
Our proposed work plan, described in detail by task, is provided below. We explain how each task will be
accomplished, and identify associated meetings and deliverables. We want to ensure our scope provides
quality and clarity, and is responsive to the City's needs and specific local circumstances. We will work in
concert with the City to adjust our scope as needed during the course of the study.
Taxes, fines, utility rates, and penalties are not "user fees' and will not be part of our work plan for this project.
However, we will advise the City regarding additional study efforts it may pursue to evaluate fee categories
not considered user fees.
" Cornprehensive .innovative.Trusted. 13 City of Santa Ana
d . , "; User Fee Study
250 -17
"Clty of Santa Ana f California "
ik
.i r
Document Task 1: Initial
Objective: Initial due diligence; obtain study- related data.
Description: Prior to the kick -off meeting, we will obtain and review relevant documentation to further
enhance our understanding of the services, fees, and rates to be
We will refresh the model created in the original study, and discussion any proposed changes
in approach from before. We will also request a copy of the City's updated cost allocation plan
model or other available data and methodology used by the City for allocating Internal
overhead costs. A written request for data will be sent to the City. Please Note that Time Survey
data is not part of this request and will be gathered during the on -site interviews described in
Task 5.
We will request updated information and documentation on current fees and fee programs,
activity levels, and budget and staffing information (to the extent not already available) related
specifically to programs and activities which have associated fees, and for which the City has
this level of detail.
D0verables: Wilidan: Submit information request to City.
City: Provide requested data to Willdan (prior to Task 3, Kick -off Meeting /Refine Scope). We
will follow up with the City to confirm receipt of requested data and information, and highlight
data elements that are outstanding.
Task 2: Compile
Objective: Wilidan will identify the updated schedule of fees and methodology for calculating the full cost
of providing services.
Description. Based on the results of the initial document request and independent research, incorporate
into our model the existing fees, provided by the City, to comprise the parameters of the fee
study.
Meetings: It is possible that a conference call with the City will be necessary, to discuss new fees to
implement or existing fees that may no longer be required.
Deliverables: Wilidan: One (1) draft list of current fees based on initial data provided (to be discussed and
finalized during the kick -off meeting).
City: Review completed fee schedule with comments /revisions to be discussed at kick -off
meeting.
Task 1 Kick-off Meeting/Refine ..-
Objective: Confirm project objectives. Identify and resolve policy issues typically raised by a fee study,
address gaps in data, and refine appropriate existing or new fee categories (based on Task
2).
Description: Verify our understanding of the City's goals, the City's cost - recovery policy for user fees, and
to fill any gaps in data /information necessary for the project. It is important for the City and
Willdan to identify and address any foreseeable problems and maintain open communication
throughout the process.
During this call, we will ask that the City identify a project manager who will serve as the primary
contact for the project. The project manager shall have responsibility for ensuring that all
available data is provided in a timely manner, thereby maintaining adherence to the project's
schedule.
Meetings: One (1) project kick -off meeting, to initiate the project, discuss data needs, and address policy
issues.
Deliverables: Willdan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy
decisions (if needed).
City: 1) Provide further data needs; and 2) determine /introduce City's project manager.
V 'gg� &,
1 Comprehensive. Innovative, iYUSted. 14 City of Santa Ana
User reeStudy
250 -18
City of Santa Ana I California
Task 4: Develop Comprehensive Fee Model
Objective: Develop and test model.
Description: This task involves updating the model developed for the original study, which will ultimately be
used to calculate the updated departmental fees, based on data and information gathered in
previous tasks and in the Time Survey Interviews described in Task 5. To ensure that City
policies are met through the imposition of the calculated fees, the model will be formatted to
Include appropriate costs.
Key model inputs will include staff and allocated overhead costs per position, and relevant
budget data on salaries and benefits. This information will be obtained directly from the City
and incorporated directly into the user fee model. We will request clarification and /or additional
data if necessary.
The model will provide an allocation of administrative and overhead costs to fee related
activities and departments providing services to customers, so that fees and billable rate
schedules Incorporate applicable costs. Furthermore, the fees and rates charged to customers
will also reflect the cost of the services being provided, to the extent possible given policy
and /or political considerations.
Deliverables: Willdan: One (1) user - friendly model in Microsoft Excel format, which, when finalized, City
staff can use to calculate fee changes annually, or as often as deemed appropriate by the City
Council.
Task 5 Time Survey Interviews On-site Information Gathering:
Objective: Meet with City staff to complete Time Surveys and understand service delivery processes.
Description: In order to assist staff with the completion of the survey worksheets, we will schedule a full day
of on -site meetings with staff; however, the number of meetings needed may vary depending
on the number of staff and departments involved.
The Willdan Team will conduct interviews with supervisors /managers, as well as other staff,
as deemed appropriate and /or necessary, from each department involved In the fee study to
determine the average time required by City staff to provide each of the services for which a
fee is collected.
The fee model is designed so that full cost recovery fees are calculated immediately upon input
of staff time. This will allow Willdan and City staff to conclude with a final meeting to review the
draft full cost recovery fees, and adjust any times as necessary, once all Information has been
compiled and Input into the fee model. We will schedule the interviews with staff to minimize
any disruption to their normal workflow.
Meetings: One (1) full business day of meetings /staff interviews, with one (1) additional follow up day
Deliverables: Willdan and City; Time surveys and draft full cost recovery fees.
Objective: Examine the user fees charged by comparable Orange County, orjurisdictions that are similar
to the City of Santa Ana.
Description: We will access and use our knowledge of other jurisdictions to benchmark the City's five (5)
most common fees or highest yielding fees with comparable jurisdictions agreed.
Fee schedules are rarely readily or directly comparable from agency to agency due to
definitional and operational differences. For example, a grading permit in one jurisdiction may
include the plan check service, while the same permit in another jurisdiction may not, resulting
in similar sounding services with widely varying costs. For this reason, Willdan takes a
selection of the City's most commonly used and /or highest yielding fees.
The survey will contain the following:
IVComprehensIve. Innovative. T'nisted. 15 City of Santa Ana
250 -19 User Fee Study
Cify'of Santa Ana j Cal fornfa
• Comparison of common or similar fees and charges used by the City and other
jurisdictions;
• Current and proposed fees and charges unique to the City of Santa Ana;
• Fees and charges used by other public entities not currently used in the City; and
• If possible, identify characteristics and processes unique to the City that account for
significant variances in fees and charges used by other jurisdictions.
Deliverables: W111dan: Recommendations provided in Task 8 will incorporate the data gathered during our
examination.
Task 7: Data Analysis and Final User ree Schedule
Objective: Incorporate information obtained from on -site surveys to fully develop model.
Description: We will update the model, based on information received during the on -site surveys, to
generate a comprehensive user fee schedule. In addition, it is very common that a
supplemental data request may be necessary, based on new fees identified that the City is not
currently collecting. Where appropriate, we will suggest and discuss with staff alternate
approaches to existing fee programs (i.e. building fees), and suggest potential areas where
fees could be collected where they are not currently.
We will present the full cost recovery level for fees, and revenue projections, given certain
assumptions about the levels of subsidy for different fees. Cost will be calculated at reasonable
activity levels, and include all appropriate direct and indirect costs and overhead. We will
review fee programs for compliance with Propositions 218 and 26.
The user fee data analysis and model development may take three (3) to four (4) weeks with
frequent correspondence with City staff to discuss current cost recovery amounts, necessary
to recover full cost and frequency activity.
We will analyze selected fees to examine the difference (if any) in their associated costs that
might result from significant changes in the levels of service provided to customers — for
example expedited or more in -depth plan check fees.
Based on the discussions during those meetings, results will be updated as necessary to
maintain focus with City goals and objectives.
Meetings: Conference calls to finalize fee schedule.
Deliverables: WAldan: Final user fee model for City Council presentation and discussion.
Objective: Prepare draft report.
Description: This task involves the preparation of the draft report that discusses the study's background,
the methodologies utilized in the study, and the results and presentation to various stakeholder
groups. As noted below, meetings may occur during this or the next task as appropriate. The
calculations used to generate the user fee study will be included textually, as well as in easy
to understand tables. Individual fee summaries by department and a comprehensive fee
schedule will be Included. The draft report will include the following:
• Key results and findings;
• Basic descriptions of each service;
• The full cost of each service and current cost recovery levels;
• Fee recommendations with associate levels of cost recovery;
• Projections of potential fee revenue;
• Costs broken down graphically Into indirect and direct components, with a graphic display
of the level of cost recovery;
Assessment of reasonableness of each City's costs;
£yrr,x�
t Comprehensive. Innovative. Trusted. 16
250 -20
City of Santa Ana
User Fee Study
City of Santa Ana I California""
...:..._
• Common Fees Comparison survey;
• Review of reasonableness of current consultant cost structure (for Building Division
services);
• As appropriate, recommend alternative methodologies for building permit fee calculation;
and
• Summary and recommendations.
The objective of the report is to communicate the recommendation of appropriate fees, which
include the appropriate subsidy percentage for those fees where full cost recovery may be
unrealistic.
Based on City direction, we will also prepare single sheet rate justification breakdowns for up
to 30 fees in various departments. These will be prepared so that City Staff can provide them
to interested residents /customers to explain the methodology for a fee that is being paid.
Meetings: One conference call with City staff to discuss the draft report.
Deliverables: Wilidan: Draft report for City review and comment.
City: Review of draft report, with comments and edits.
Objective: Review of draft report and fee model.
Description: Following the preparation of the fees and draft report, the goal of this task is to conduct an in-
depth review and discussion of the draft report and model, and finally arrive at an optimum fee
structure. Often through the course of an engagement, City staff will volunteer insightful likes
and dislikes regarding the existing fee structure. We listen to this feedback carefully because
your staff members know the community best. Comments usually revolve around issues of:
• Understandability; • Appropriate levels of cost recovery; and
• Fairness to applicants; • Full cost recovery hourly rates.
• Ease of calculation;
When adjusting fee recovery levels, we believe it is important to address these concerns.
Following one (1) round of comments from City staff on the draft report, we will prepare the
final report for presentation to the City Council.
Meetings: One (1) meeting with the City Council Subcommittee, and one (1) meeting with the City Council
to present and discuss results of the study.
Deliverables: Wiildan: Draft report, revised draft /final report.
Objective: Prepare and present final report to City Council. Train staff on the operation and use of the
model for future modifications.
Description: This task is the culmination of the entire project. Based on staff comments received regarding
the draft report, we will prepare the final report for presentation.
Meetings: One (1) meeting with City Council for adoption of the updated fees. We will also provide staff
training on the operation and use of the model on the same day during regular business hours.
Deliverables: Willdan: We will provide up to ten (10) bound copies, one (1) unbound copy and one (1)
electronic PDF file copy of the final report and model to the City. Using Microsoft Word and
Excel, an updateabie electronic copy of the study and model, Including related schedules, will
also be provided on CD /ROM.
r�
Comprehensive .InnovatIve.TrUsted, 17 City of Santa Ana
uz , � user Fee Study
250 -21
city of Santa Ana I California
City Staff Support
7o complete our tasks, we will need the cooperation of City staff. We suggest that the City of Santa Ana
assign a key individual to represent the City as the Project Manager who can function as our primary contact.
We anticipate that the City's Project Manager will: 1) Coordinate responses to requests for data and
information; 2) Coordinate review of work products; and 3) Help resolve policy issues.
We will ask for responses to initial information requests in a timely manner. If there are delays on the part of
the City, we will contact the City's Project Manager to steer the project back on track. We will keep the City's
Project Manager informed of data or feedback we need to keep the project on schedule. In the completion of
this project and our analysis, Willdan will endeavor to minimize any impact on City staff.
Willdan will rely on the validity and accuracy of the City's data and documentation to complete our analysis.
Willdan will rely on the data as being accurate without performing an independent verification of accuracy,
and that Willdan will not be responsible for any errors that result from inaccurate data provided by the client.
Comprehensive. Innovative, Trusted, 18
250 -22
City of Santa Ana
User Fee Study
19►4I logo
i3
COMPENSATION
The total compensation includes $29,835 as summarized in the Fee
Proposal, and $6,165 for additional services which may be required and
authorized by the City, for a not to exceed total of $36,000.
250 -23
City of Santa Ana: I California
Fee Proposal
User Fee Study
Based on our outlined work plan, we propose a not -to- exceed fixed fee of $29,835 for a User Fee Study.
The table below provides a breakdown of this fee by task and project team member.
re of Services
1: Initial Document Request
2: Compile Inventory of Current and Potential Fees
3:.Kiek -off /Refine Soaps -
4: Develop Comprehensive Fee Model
5:: Time Survey Interviews and On•site Information Gathering
6: Common Fees Comparison
7: Data Analysis and Final Fee and Rate Schedule
6: Prepare and Present Draft Report (with meetings)
9: Revise DraOlDeterr*6 Cost Recovery Levels
10: Prepare and Present Final Report/Model Training (meeting)
ih..+.[ _ I I... Fen s/uau.
Willdan Labor Costs '..
C. Fisher T. Thrasher P. Patel R. Quaid
Project Analytical Analytical QA/Tech
Manager Support Support Advisor Total
$ 210 $ 130 $ 120 $ 165 Hours
-
2.0
-
2.0..$
260
-
1.0
410
5.0
610
2.0
3.0
310
-_8.0
1,110
1.0
4.0
16.0
1.0
22.0
2,815
12.0 -
14.0
14.0'
-
40.0
.6,020
-
2.0
12.0
14.0
1,700
2.0
16.0
26.0
2A
-46.0
5,050
4.0
1010
22.0
2.0
38.0
5,110
8.0
-14,0.
8.0
2.0
C 32.0
'4,790
3.0
6.0
9.0
1,410
32.0 72.0 105A 7.01 215.0 :$ %29,835
�i3fC5.
• There is no additional expense for a proprietary software program.
• Our fee includes all direct expenses associated with the project.
• We will invoice the City monthly based on percentage of project completed.
• Additional services may be authorized by the City and will be billed at our then - current hourly
overhead consulting rates.
Corn pre hensive. Innovative. Trusted. 1
250 -24
City of Santa Ana
User Fee Study
city of Santa Ana I California
Additional Services
Hourly Rates
Group Manager $ 210
t'
Principal Consultant 200
Senior Project Manager 165
T
f, Projecf =Mariager , 145
Senior Project Analyst 130
Senior Analyst = 120
Analyst 100
N
41k
n
Comprehensive. Innovative. Trusted. 2
250 -25
City of Santa Ana
User Fee Study
EXHIBIT C
CERTIFICATIONS
250 -26
City of Santa Ana I California
Required Forms
Non-Collusion Affidavit
CITY OF SANTA ANA.
RPP NC.: 16.072
USER. PEE STUDS`
NON -ML LU,,,, L JS 9kiATRfUAV1'f
(Title 23 United States Code Section 112 and Public Contract Code Section 7106
In conformance with Title 23 United States Code Section 112 mid Public Contract Code 7106 the
BIDDER declares dint the bid is not made in die interest of, or on behalf of, may undisclosed
person, partnership, company, association, organization, or corponaian; that the bid is genuine
and not collusive or $Ian%; that the BIDDER has not directly or Indirectly induced or soliefted
any other BIDDER to pm in a false or sham bid, and bas not directly or indirectly colluded,
conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, . directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
BIDDER or any other BIDDER, or to fix may overhead, profit, oncost element of time bid price,
orordmnt orany other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statement% contained in the bbd are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or may breakdown thereof, or the contents thereof; or divulged information or data relative
thereto, or paid, and will not pay, any tee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive orshmim
bid.
Note: The above Non - collusion Affidavit is pan of the Proposal. BIDDERS are
cautioned drat making a false Certification may subject die certifier to criminal
Signed
State am
County of
Subscribed and swo to (or affirmed) before me on this day or 2o—, by
proved to ale on the basis of satisfactory evidence to be the
porson(s) wlto appaared biro a
Notary Public Signature
Public Seal
Comprehensive. Innovative. "Il rusted. 24 City of Santa Ana
7.111 1 User Fee Study
250 -27
°City�of Santa Ana I _California
Notary hornn
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE 51189
A notary Febrile or other officer completing this certificate verifies Only the Identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, . accuracy, arvaildity of that document.
State of Ca ornia
County oi. ``i ..�..
On V_r L t(!) before me,
Date
personally appeared
Insert Name and
Name(s)
who proved to me on the basis of satisfactory evidence to be the parsatdWwhose name(a) Isteae-
subscribed to the within Instrument and acknowledged to me that he/ executed the some in
hiafherftheirauthorized capaoitylle* and that by hisMerH4ra+r signature(* on the Instrument the pemott(s},
or the entity upon behalf of which the persan(o acted, executed the instrument.
]�+--
] REOEKAH LEE SMITH
7
RCammlSStea PutOn • Caf ar 2000612 I
otary NOmiA
alwrside County
M Oamm, E ima NOV I. 2015
I certify under PRNALTY OF PEFWURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatu
Signatu ofNatayPualtC
Place Notary Seat Above
OPTIONAL
Though this saation is optional, completing this Information can dater alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Atlached Doaunion
Title at Type at Document: m�k- MIJ Document Date:"'x„
Number of Pages: „a.�___ _ Signers) Other Than Named Above:
Oapacltyjies) C Imed by
Signaf
Signer's t\f�„..,�j,
i'ai Corporate Officer — Titis(s): .e i
• Partner — 0 Limited 0 General
• Individual [J Attamey in Fact
C Trustee ❑ Guardian or Conservator
C) Other.
Signer Is Represent)ng: rp D-
0 Individual
C) Trustee
0 Other: „
Signer Is N
— IIdols) ;..._.... ....�v
led CI General
I Attorney in Fact
l.Guard)an or Conservator
02014 National Notary Association - www.NationalNotary.org - 1.600•US NOTARY
W tsi�5r'
t . Comprehensive. Innovative.'frusted. 25
,�u .
250 -28
Item #5907
City of Santa Ana
User fee Study
City of Santa Ana I California
Non - Lobbying Certification
CITY OF SANTA ANA
RFF NO.: 16 -072
USER FEE STUDY
10N -I. Oflpl'INQ CCRTtC1CATI04
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of die
undersigned, to any person for Imlueneing or attempting to influence an oMcar or
employee of any Federal agency, a Member of Congress, an officer or employee or
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, de mailing of any Federal grant, (lie making of any Federal torn,
the entering into of any cooperative agreement, and die e><7ension, continuation, renewal,
anendmmt, or modification of any Federal contract, grant, loalt, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to Any
person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress In connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL„ "Disclosure
of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered Into. Subntssion of this certification is a prerequisite for
making ar entering into this trim saction imposed by Section 1552, Title 51, U.S. Code. Any
person who fait; to file the required certification shall be subject to a civil penalty of not less
than 510,000 and not more that $100,000 for each such failure.
1119 prospective participant also agrees by submitting his or her bid or proposal that Ire or she
aliull require that the language of this certification be included in all lower tier subcontracts,
which eseend 5100,91)0 lint alI suet ^ci nts shall c9rtifyand disclose accordingly.
Signed:
'rifle: Vice Pfasidcnt Cnoun Man eer
Fimi: Will4,an financial Services
Date: _ Jane 13.2Qjfi,
Comprehensive. Innovative. Trusted. 26
250 -29
71
I1erIIP"" .•
City of Santa Ana
User fee Study
City of Santa Atha I California
Non - Discrimination Certification
CITY Or SANTA ANA
RFP NO.. 16 -072
USER r1!;E STCIDY
NON- DISCIUMINATION CLWIrICATION
The undersigned consultant or corporate officer, during the performance ordris contract, certifies
as follows;
L The Consultant shall not discriminate against arty employee or applicant for employment
because of race, color, religion, sex, or national origin. The Consultant shall take affirmative
action to ensure that applioants are employed, and that employees are 'treated during
employment without, regard to their race, color, religion, sox, or national origin. Srrch action
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. The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisement's for employees placed by or on
behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or nation origin.
3. The Consultant shall send to each labor union or representative o'fworkers with which he /she
has as collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment,
4. The Consultant shall comply with all provisions of Executive Girder 11246 of September 24,
1965, and o.fthe rules, regulations, and relevant orders of the Secretary of Labor.
d. The Consultant shall furnish all information and reports required by Exwutive Order 1.1246
or September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his /her books, records, and accounts by the
administering agency and the Secretary of tabor far purposes of investigation, to ascertain
cotmplianoc with such rides, regulations, and orders.
6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this
contract or with any of the said roles, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole, or in pant and the Consultant may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 1.1246 or September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order or the Secretary of Labor, or as
otherwise provided by law.
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City of Santa Ana
User Fee Study
city of Santa Ana i California
Non-Discrimination Certification - Continued
7
CITY Or SANTA ANA
RFP NO.: 16.072
USER IFEE STUDY
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontract or purchase order as the administering agency may direct as
means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event the Consultant becomes involved In, or is threatened will,
litigation with a subcousnliam or vendor as a result or suet, direction by the administering
agency, the Consulted may request that ilia United States enter into such litigation to protect
ilia Interests of the United States.
S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stets. 1939, and as
amended, no discrimination shall be made in ilia employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, . and any
consultant of public works violating this Section is subject to nil the penalties imposed for a
violation oftbe Chapter
Signed: G
Tice: _Vic_Presidcnt. thmtn Manager
Firm: Willdan Financial Services
Date; it 13.201 I
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City of Santa Ana
User Fee Study
EXHIBIT D
ADDITIONAL PROVISIONS
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