HomeMy WebLinkAboutAGENDA REPORT 2022 0202 CCSA REG ITEM 09C SUPPLEMENTAL
MOORPARK CITY COUNCIL
SUPPLEMENTAL
AGENDA REPORT
TO: Honorable City Council
FROM: Carlene Saxton, Community Development Director
DATE: 02/02/2022 Regular Meeting
SUBJECT: Consider Agreement with ClearSource Financial Consulting for a Cost
Allocation Plan, Impact Fee Study, and Developer Fee Study for
$101,555 and Resolution Amending the Fiscal Year 2021/22 Budget
CORRECTION TO REPORT ATTACHMENT
Subsequent to the preparation and publication Agenda Packet, it was identified that the
most recent Exhibit to the draft agreement, Exhibit C, was not incorporated into the staff
report attachment. A corrected copy of the draft agreement and associated exhibits is
attached.
Attachment: Professional Services Agreement with ClearSource Financial Consulting
Item: 9.C.
SUPPLEMENTAL
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
CLEARSOURCE FINANCIAL CONSULTING FOR
COST ALLOCATION PLAN, IMPACT FEE STUDY,
AND DEVELOPER FEE STUDY SERVICES
THIS AGREEMENT, made and effective as of this _____ day of January, 2022,
between the City of Moorpark, a municipal corporation (“City”) and ClearSource Financial
Consulting, a corporation (“Consultant”). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for cost allocation plan (Plan), impact fee study
(Impact Study), and developer fee study (Developer Study) services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated January 25, 2022,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises herein stated, the parties hereto agree as follows:
1.TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit C, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2.SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide cost allocation plan, impact fee study, and developer fee study
services, as set forth in Exhibit C. In the event there is a conflict between the provisions
of Exhibit C and this Agreement, the language contained in this Agreement shall take
precedence.
Consultant shall perform the tasks described and set forth in Exhibit C. Consultant
shall complete the tasks according to the schedule of performance which is also set forth
in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of one hundred one thousand five hundred fifty-five dollars ($101,555) as stated in
Exhibit C, without a written Amendment to the Agreement executed by both parties.
Payment by City to Consultant shall be in accordance with the provisions of this
Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perfo rm all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Terry Madsen, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed one hundred one thousand five
hundred fifty-five dollars ($101,555) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services and compensation are authorized, in advance, in a written
amendment to this Agreement executed by both parties. The City Manager, if authorized
by City Council, may approve additional work not to exceed ten percent (10%) of the
amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non -disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager or the City Manager’s designee .
If the City disputes any of Consultant’s fees or expenses, City shall give written notice to
Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend , or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consulta nt
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause
to be served upon the Consultant a written notice of the default. The Consultant shall
have thirty (30) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
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records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; an d shall allow
inspection of all work, data, documents, proceedings, and activi ties related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permi ssion of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compi ling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including reasonable legal counsels’
fees and costs to the extent same are caused by any negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the per formance of
professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, including reasonable legal counsels’ fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, pertain to,
or are in any way attributable to, the performance of this Agreement by Consultant or by
any individual or agency for which Consultant is legally liable, including but not limited to
officers, agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the performance
of this Agreement. In the event Consultant fails to obtain such indemnity obligations from
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others as required here, Consultant agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs , and
expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers or employees, or agents
of the City except as set forth in this Agreement. Consultant shall not incur or have the
power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it o r in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work
Requirement for Professional Services Agreements Compliance with California
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Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
Should the Scope of Services include work that is considered a public work to
which prevailing wages apply, the public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Consultant
agrees to comply with and be bound by all applicable terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term of
this Agreement. For every subcontractor who will perform work on this project, Consultant
shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Consultant, or any o fficer,
employee, or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
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17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subconsultant. Consultant further
covenants that Consultant has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Consultant and/or its
subconsultants shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Terry Madsen
ClearSource Financial Consulting
7960 B Soquel Drive, Suite 363
Aptos, CA 95003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments, and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
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Consultant shall not assign this Agreement or any of the rights, duties , or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including attorneys’ fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits here of.
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement , or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of pers onal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payabl e in
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addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actua l payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants, or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof o f insurance as
required herein. Limits are subject to review but in no event less than $2,000,000
aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A - or better
and a minimum financial size of VII.
General conditions pertaining to provision of ins urance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shal l
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to th e full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the
City of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the
same minimum insurance required of Consultant. Consultant agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Consultant
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually for five years after the
Agreement is canceled or terminated. Termination of this obligation is not effective
until the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of comp lying with
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these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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The City of Moorpark (City) is engaging ClearSource Financial Consulting (Consultant) to perform a Cost
Allocation Plan, Impact Fee Study, and Developer Fee Study. (ClearSource will engage a subconsultant,
Harris & Associates, for certain elements of the project.) Extracted from the ClearSource-Harris proposal
is the following description of the services to be provided by the Consultant to complete the project.
PROJECT UNDERSTANDING
Overall Project Elements
The City of Moorpark is initiating a Cost Allocation Plan, Impact Fee Study, and Developer Fee Study.
This type of project is focused on the ethic of “the costs to serve” from different, yet intertwined,
perspectives:
What are the costs of central services within the municipal organization, and how do those costs
relate to the array of direct services provided to the community? What are the cost recovery
opportunities for these administrative, management, and support services of the agency? (This is
accomplished through a Cost Allocation Plan.)
What are the projected costs of ensuring public infrastructure is available and operating at
necessary levels of service as the community grows and changes? What development impact fees
are justified to target cost recovery of these capital investments from the development generating
increased demands for public service? (This is accomplished through an Impact Fee Study.)
What are the costs of development regulation services provided to the community, which
currently have or may be eligible for a user or regulatory fee? What are the cost recovery targets or
policies of the City as to the amounts that should be paid for those who request or cause these
services? What is the impact to the source funds – typically the General Fund – of changes to
user/regulatory fees? (This is accomplished through a Developer Fee Study.)
City Project Objectives
The City of Moorpark has outlined the following objectives for each element of study:
COST ALLOCATION PLAN
Ensure the City is accurately accounting for the true cost of providing various services by
departments through the use of a well-documented and defensible plan.
Ensure the City has a valid basis for calculating and administering comprehensive overhead rates
which are used for internal budgetary transfers and expenditures in addition to billable rates for
federal and state grants, user fees, cost recovery, and reimbursements from other government
agencies.
IMPACT FEE AND DEVELOPER FEE STUDIES
Develop defensible fee justifications and nexus report that complies with Proposition 218.
EXHIBIT C
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City Services for Study
USER FEES
It is expected that the direct, fee-related services under review in this element will focus on services
eligible for user fee methodology, as well as identification during this study of any relevant additions for
services performed without a fee or for under-quantified or ineffectively structured fees.
The City is limiting this analysis to services related to development and construction for which a user or
regulatory fee is or can be imposed can be included as desired. This can encompass activities managed
by the Department that may include generally:
Regulatory activities, such as review and inspection of land development, construction/building, and
improvements to infrastructure, and other areas of code review, compliance, and enforcement
Permitting, such as special events and use of public facilities, infrastructure, and services
Facility rentals and use of public spaces
Program participation
Operations and services of individual benefit/request or in response to individual action
Licensing, billing, records management, and administrative service
Hourly rates for direct-billing City staff time
Revenue streams generally excluded from this type of methodology due to differing authority,
implementation and analytical methodologies, and approval procedures would include: utility rates and
other property-related fees subject to Proposition 218 proceedings, assessments, in-lieu fees, fees
intended and codified more as “taxes,” punitive fines/penalties, and general taxes.
From the City’s existing Schedule of Fees and Charges Effective March 17, 2021, our team expects the
following broad categories of fees to fall under review in the Developer Fee Study:
Planning – Counter Services
Planning – Development Services
Public Works – Engineering Services
Public Works – Counter Services
Building & Safety
Vector Control/Animal Control Services
Police Services
DEVELOPMENT IMPACT FEES
The City of Moorpark has an adopted Development Impact Fee (DIF) program. According to the City’s
latest Annual report, the City imposes fees for:
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Traffic Systems Management
Citywide Traffic Mitigation
Crossing Guard
Library Facilities
Open Space Maintenance
Tree & Landscaping
Art in Public Places
Park Improvement and Recreation Facilities
Los Angeles Avenue Area of Contribution
Tierra Rejada Road/Spring Road Area of Contribution
Casey Road/Gabbert Road Area of Contribution
Fremont Storm Drain AOC
Walnut Canyon Traffic Noise Attenuation
Police Facilities
The City desires to complete an analysis of the City’s needs and establish a new development impact fee
program. In addition to those existing fees, the City also wishes to:
Update the City’s Parking In-lieu fees for the downtown area
Establish Truck Impact Fees for LA Avenue
CENTRAL SUPPORT SERVICES
While cost recovery for the above listed direct services are the focus of the two fee studies, a Cost
Allocation Plan focuses on potential cost recovery for the “indirect” services of the municipal
organization. Indirect services represent City budget units commonly found in the General Fund that
might include:
Legislative and general governmental activities
Organization-wide management and administration
Central services outside of internal service funds
EXHIBIT 1 |REVISED PRICING DETAIL BY STUDY TASK/MILESTONE FOR THE
COST ALLOCATION PLAN, IMPACT FEE STUDY, AND DEVELOPER FEE STUDY
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WORK PLANS BY STUDY ELEMENT
Cost Allocation Plan
ClearSource presents the following work plan to complete the Cost Allocation Plan envisioned by the
City of Moorpark.
TASK 1 | STUDY ORIENTATION
To commence the study on solid ground, ClearSource will generate common understanding of
objectives, known issues that must be addressed by study end, participant roles, expected procedural
requirements, schedule and pre-established dates, and data collection and development procedures.
Subtasks include:
Facilitate project kick-off event(s)
Assess prevailing cost allocation models, methods, and applications. Particular attention will be paid
to annual procedures, internal opinions and impacts, and balance of workload with the
requirements of the City’s uses for overhead, including internal transfers/reimbursements and
external agency reimbursement.
Review readily available budgetary documents to gain a working knowledge of City structure and
accounting practices.
Determine a plan for generating current indirect cost allocations for the host of uses identified by the
City. This will likely include development of a new Excel-based model in alignment with current needs
but may include modification of existing tools if City personnel prefer to sustain existing tools.
ClearSource will remain flexible.
TASK 2 | FINANCIAL AND ORGANIZATIONAL INPUTS
ClearSource will develop the necessary foundation for subsequent quantitative analysis. Particular focus
will be generating necessary data and documentation of inputs and assumptions as required by the
application of plan outcomes. (For example, an OMB 2 CFR Part 225 compliant plan requires a specific
inventory of information that may not be as essential if applications are entirely internal to the City.)
Subtasks include:
Access organizational and line-item detail to support costs, allocation factors, workload metrics, and
accounting structure in the cost allocation model.
Acquire and parse statistics that may be useful as bases for distributing costs and where necessary,
develop and document alternate data sets to serve as distribution methods.
Conduct targeted engagement with representatives from support services departments if useful to
influence data accessibility and relevance in the cost allocation plan, such as work order records,
inventories, and other volumetric or organizational tools.
TASK 3 | COST ALLOCATION MODEL
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ClearSource will generate the quantitative model in Microsoft Excel to allocate indirect costs Citywide.
The model will be built to accommodate change in the organization: the ability to add or remove direct
and indirect costs and to adapt to a range of activities, from simple to complex. Structure and detail of
the final model will be dependent upon the ultimate application of its results, as a plan submitted for
cognizant agency approval in compliance with OMB 2 CFR Part 225 and/or the State Controller’s Office
for Cost Claiming will require aspects unnecessary in applications where cost recovery is expected to be
entirely internal to the agency. The model is expected to identify:
Citywide fund and accounting structure and fiscal year data for allocation outcomes
Allocable indirect service centers
Allocation bases and related distribution factors for indirect service centers
Direct service centers
Primary and secondary allocations
Resulting annual cost allocations
Resulting indirect service rates
Resulting interfund transfers
The model will provide for future in-house updates utilizing annual inflators or revision of underlying
assumptions for personnel costs, contracted service inflation, etc. where allowed and recommended as
feasible/reasonable.
ClearSource will also generate a comparison of outcomes under the updated Cost Allocation Plan to
prior year outcomes, including explanation for substantive differences.
TASK 4 | REPORTING AND DELIVERABLE TOOLS
ClearSource will provide the formal documentation encompassing the work and outcomes of the study,
as well as deliver the tools developed throughout the study for the City’s ownership and future use,
including preparation or inclusion of:
A narrative description of the study, describing key data and assumptions, and impacts.
Tables and charts to explain findings
The complete quantitative analysis as the justification for updated indirect cost allocations and
associated rates and transfers.
For a cost allocation plan in compliance with OMB 2 CFR Part 225, the report/quantitative analysis will
include:
Description of each allocated central service
Identification of the units rendering services and the units receiving services
Items of expense included in the allocated cost of service
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Method used to distribute the cost of service to benefitted units
Schedule showing the allocation of each service to the specific benefitting units
Organizational chart
Upon review and feedback from the City staff, consultants will revise the draft report and accompanying
outcomes to incorporate direction received. The final report will be issued for the City’s implementation
and as a data source for incorporation in the Cost of Services Study. Reports will be issued in PDF for
digital distribution and any necessary printing by the City beyond the requested bound (3) and unbound
copies delivered by consultants.
Upon issuance of the final report, ClearSource will deliver editable versions of all models,
documentation, and associated work papers to the City for future use. Models will be delivered in
Microsoft Excel and PDF. Documentation will be delivered in Microsoft Word and PowerPoint and in
PDF. Additional work papers developed will be delivered in the format in which they were created and in
PDF.
Consultants will provide training to City staff on the development and future in-house update of the
delivered electronic tools and various reports.
TASK 5 | ENGAGEMENT
ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, and City
Councilmembers:
At least two interim review points to engage with designated City personnel managing cost
allocation practices
At City management discretion, an event with the City Council to present the draft report and
receive feedback and direction on cost allocation proposals that would impact the City’s budgetary
and financial practices.
Consultants will prepare materials for these sessions, present the plan (or elements relevant), and
respond to inquiries. Consultants will be available to City staff in the future to advise on the cost
allocation plan.
Impact Fee Study
Harris & Associates presents the following work plan to complete the Impact Fee Study envisioned by
the City of Moorpark.
TASK 1 | KICK-OFF MEETING
Harris will attend a kick-off meeting with City staff to review the objectives of the analysis, to agree on
methodology, to exchange information, to set the schedule for all tasks, and to determine further
information needed from City staff. Harris will work with City staff to refine the scope, purpose, uses,
and goals of the City and for the project.
TASK 2 | RESEARCH AND FEE STRUCTURE
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Harris will participate in calls with individual members of City staff to gain an understanding of the
purpose and use of the fees and any concerns staff have with the current fee program. It is anticipated
that up to eight (8) calls will be required.
Harris will review the existing fee studies and background documentation including the existing fee
studies, ordinances and resolutions, any master plans, the City’s general plan, and any other available
studies that identify the City’s goals and required infrastructure needs. The goal of this task is to better
understand the needs and goals of the City for each impact fee category and to gather the information
that will serve as the basis for the fees.
Once all documentation has been reviewed, Harris will meet with staff to discuss the validity of the
current fees and any fee categories that the City may wish to pursue developing as part of the update.
We will discuss any missing information and how the supporting documentation can be developed.
Harris will recommend any changes to the current fee structure to facilitate better collection and
administration of the program. Harris will also discuss AB602 and whether the City wishes to collect
fees based on house size in accordance with the new bill, or continue collecting on a per unit basis. If
new categories of fees are identified or documentation to support the fees is not available, a scope
amendment may be necessary.
TASK 3 | DRAFT DEVELOPMENT IMPACT FEES
Harris will gather the City’s growth projections and will gather other assumptions such as persons per
household, existing city population and employment, and future population and employment.
Harris will work with City staff to understand the facilities and supporting infrastructure (i.e. equipment
and vehicles) needed to serve future development. We will develop the project lists and cost estimates
utilizing the City’s existing plans, discussions with City staff, and level of service analysis. Where future
facilities may not be able to be determined, such as with parks or public safety facilities, a level of
service analysis can be completed that sets funding at levels that maintain the City’s existing level of
service (i.e., acres of parks or square feet of Fire Stations).
When the land use assumptions and the identification of the needed facilities are completed, Harris will
determine the methodology to allocate the infrastructure costs in each fee category to the various land
uses based on the additional residents and employees that these new developments generate.
Based on this information gathered, Harris will calculate the recommended fee for each land use type in
compliance with the requirements of Section 66000 of the Government Code. An administrative fee will
also be calculated to fund impact fee studies, annual administration, City staff administration, and
reporting requirements
Harris will prepare a comparison of the development impact fees from surrounding jurisdictions. Up to
six jurisdictions will be included and will be based on input from the City as to which cities are to be
included. The comparison will include fees for single family residential, multi-family residential,
commercial, and industrial development to current and proposed fees in the City.
Harris will prepare the draft fees and fee comparison for review with the City.
TASK 4 | DRAFT DEVELOPMENT IMPACT FEE STUDY
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Once all parties agree on the fees, Harris will prepare the Nexus Study. The Nexus Study will be prepared
in an organized fashion with an executive summary and will contain all required legal and technical
documentation including additional information required under AB602. The study will include all
background information, the methodology used to determine the fees, all supporting information,
calculations that demonstrate the legal nexus between the recommended fees and the impact created
by new development, the relationship between the fee’s use and the type of project on which the fee
would be imposed, the purpose of the fee, how the fees would be used, and a description of the
relationship between the need for any additional facilities and the type of development project on
which the fee would be imposed. In addition, the report will discuss annual fee update procedures,
credit and reimbursement policies and will outline the required administrative procedures including
online reporting requirements required under SB1483. We will also incorporate the legal methodology
for calculating fees for accessory dwelling units.
Harris will meet with the City to discuss the report and incorporate one set of consolidated comments to
create final draft report.
TASK 5 | STAKEHOLDER MEETINGS
Harris will prepare and lead a meeting with BIA, development community and other stakeholders.
Obtaining the development community’s support is best achieved when their input is included in the fee
analysis. Harris will discuss any recommendations that come out of this meeting with the City and
incorporate relevant feedback into the study.
Harris will prepare and make presentations on the methodology, findings, and implications of the
proposed impact fees at City Council and/or planning commission meetings to facilitate the
understanding of the impact fee analysis. The presentations will be prepared in a clear and concise
manner. Harris will answer any questions and document any concerns or requested changes. Two
presentations are assumed. Harris will assist the City with the preparation of the staff report and
resolution for City Council adoption. An automatic inflation factor will be included in the resolution. It is
assumed that the City will notice all meetings and provide a legal review of the documents. Revisions to
the report will be completed based on input received from the City Council and the final report provided
to the City.
TASK 6 | FINAL REPORT
Once the report is adopted, Harris will provide three (3) bound paper copies, and an electronic pdf, excel
fee schedule model that can be updated.
Developer Fee Study
ClearSource presents the following work plan to complete the Developer Fee Study envisioned by the
City of Moorpark.
TASK 1 | STUDY ORIENTATION
To commence the study on solid ground, ClearSource will generate common understanding of
objectives, known issues that must be addressed by study end, participant roles, expected procedural
requirements, schedule and pre-established dates, and data collection and development procedures.
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Most significantly, this task includes a major upfront effort to examine prevailing fees for known issues
and to discuss initial and potential modifications to structures and practices. Subtasks include:
Facilitate project kick-off event(s)
Assess prevailing fees and methods to understand effectiveness of current structures, including
perceived cost recovery, perceived equity, alignment of fee categories with the manner in which
work is performed, perceived competitiveness in the region, and feasibility or accuracy of billing
within current capabilities
Draft initial user/regulatory fee structures, where remodeling is predicted, to direct down-stream
data development steps
TASK 2 | FINANCIAL AND LABOR TIME INPUTS
Consultants will develop the necessary foundation for subsequent quantitative analysis, focusing this
initial work to prepare the body of data that will inform every downstream element of the fee study. To
develop financial inputs, consultants will gather and/or prepare and model financial data, including:
Current and historical fee revenues,
Personnel and contractor costs and organization,
Adopted line-item expenditures,
Forecasted periodic outlays, and
Allocated indirect/overhead costs via new or existing plan.
To develop and test labor time inputs, based on prevailing and future business processes, consultants
will gather and develop expressions of time several ways:
Utilize any existing labor time-tracking data,
Conduct interviews to estimate a distribution of annual time across core functions of service,
Develop service time questionnaires linked to remodeled fee structures to estimate average or a
range of service times for fee-related services,
Apply industry experience to populate under-developed or unavailable time estimates, particularly
from prospective changes in workflow resulting from the project,
Analyze any existing data sets that inform workload/activity/use levels and project profiles for fee-
related services, and
Reconcile annual time, service time estimates, and service volumes to test reasonableness of critical
assumptions.
TASK 3 | LABOR TIME VALUATION
ClearSource will develop fully burdened hourly labor rates in each department/division participating
directly in the provision of services associated with a fee under review. Rates will be built to encompass
labor costs, non-labor operating costs, departmental and/or divisional administration, central
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services/general City administration, and periodic investments. Rates will be expressed by function of
direct and indirect service within each department/division, where applicable and to enable cost
recovery considerations for certain fee categories. Rates may be expressed as composite for the
department/division, for the position class, and/or by individual position.
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TASK 4 | FEE DESIGN
ClearSource will apply the outcomes from Tasks 1 and 2 – an assessment of existing fees and interaction
with City staff to understanding current practices and work flow – to ensure cost of service analysis
aligns with the fee structures recommended from that work, which may include elements of prevailing
fees, recommendations based on prevailing business processes, system capabilities, and relevant market
or industry practices applicable to City work flow. Consultants will prepare a working model of a master
fee schedule.
TASK 5 | COST OF SERVICE ANALYSIS
ClearSource will prepare a cost of service model to join fully burdened hourly labor rates, time estimates
associated with current work flow and business processes, and existing or any redesigned fee structures,
in order to calculate the full unit cost of service associated with each fee category and layers within
them.
The full cost of service informs the maximum fee amount allowed under California framework for
establishing user/regulatory fees by City Council action.
The full cost of service at the fee-based activity level or the programmatic level is composed of:
Direct labor and non-labor costs,
Indirect labor and non-labor costs,
Periodic outlays or investments of direct or indirect benefit,
Departmental overhead, and
Citywide overhead.
Analysis will include modeling of activities with under-developed or no fee imposed but where one is
warranted and practical to improve the City’s cost recovery from private benefit activities.
TASK 6 | COST RECOVERY AND IMPACT ANALYSIS
Consultants will recommend cost recovery targets for fee-based services or work with City staff in
developing cost recovery policy to inform final fee amounts, particularly where full cost recovery is
deemed undesirable. Development of cost recovery policy and practices will optimize the City’s array of
funding sources considering public/private benefits, market sensitivity, compliance and behavior
modification, and fiscal constraints.
Consultants will develop a master fee schedule for the City, useful in presenting proposals, as well as
communicating fee descriptions, fee amounts, and charge bases to other City departments, who may
have responsibility for maintaining Citywide schedules of fees. As desired, the master fee schedule
developed can also include a tool for subsequent annual inflationary adjustments to the established fee
structures.
Final proposed fee amounts will be applied in the master fee schedule alongside information useful in
communicating fees to the public. To the extent existing data systems enable it, revenue estimates
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based on historical or projected performance will be attempted. Finally, comparison to prior fees will be
completed in targeted service categories to assist in explaining impacts of changes.
Consultants will prepare a comparison of fees to other municipalities in targeted service categories as
needed, likely by creating profiles for an array of “typical” uses in addition to one-for-one comparisons.
Consultants will review associated fee practices, including waivers, deposit amounts, fee/deposit
collection practices, and economic incentive practices.
Where needed, consultants will provide recommendations and industry information regarding relevant
fee policies and practices which may impact cost recovery, including the use of waivers, any billing and
deposit management procedures, and collections.
TASK 7 | REPORTING AND DELIVERABLE TOOLS
ClearSource will prepare the administrative record for pursuing implementation of revised fees. This
focuses on the draft and final reports of cost of service findings, including assumptions, critical data, and
discussion of expected impacts. Analytical detail will be included, as well as executive summary and
infographics useful in public presentation and legislative processes.
Consultants will deliver the analytical models used to develop fees in Microsoft Excel format for future
update and management, including the working master fee schedule and its publishable version.
For reporting and the delivery of all tools, subtasks include:
Deliver formal documentation and tools for the City’s ownership and future use in editable formats
(e.g., Microsoft Office suite) and publishable format (PDF)
Draft and final draft report iterations
Presentation/summary materials for communicating proposals
Assistance with staff report and public hearing noticing
Document the statutory and legal framework and annual and five-year reporting requirements
Discuss best practices to ensure better collection of the fees
Final report, including all background information, methodology, supporting justification,
calculations, and administrative processes
Delivery of technical models and work papers
Training event for City staff in annual updates and analytical use of delivered models
TASK 8 | REVIEW AND ENGAGEMENT
ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, and City
Councilmembers with the goal of successful approval, implementation, and ongoing maintenance of
study proposals. Subtasks include:
Departmental interaction – to develop data and provide interim reviews points by lead service
areas.
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City leadership interaction – to receive direction on proposals and outcomes prior to pursuit of
approval.
City Council engagement – to present the final draft report and receive direction.
City Council / public hearing – to adopt the proposed fees contained in the final report.
Stakeholder outreach – as needed to facilitate successful implementation of proposals.
PROJECT SCHEDULE
Timeline by Tasks / Milestones
The ClearSource-Harris team anticipates the following timeline for delivery of final draft reports for
each element of this project:
Cost Allocation Plan: 90 Days
Impact Fee Study: 150 Days
Developer Fee Study: 120 Days
Upon delivery of the draft reports in each study element, the City may schedule City Council
engagements to review recommendations, consultants may issue final reports, and public hearings may
be scheduled following the City’s preferred timing and legislative or community priorities. Total
estimated project timing and calendar is illustrated in Figure 1.
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FIGURE 1 | PROJECT TIMELINE BY STUDY ELEMENT AND MAJOR TASK / MILESTONE