HomeMy WebLinkAboutAGR-7749 - MATRIX CONSULTING GROUP LTD - COST ALLOCATION PLAN AND USER FEE STUDY DEVELOPMENT SERVICES - RFP NO. 24-25.01Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
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AGR-7749 ST'
PROFESSIONAL SERVICES AGREEMENT
Cost Allocation Plan and User Fee Study Development Services - RFP No. 24-25.01]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 10th day of September 2024 (the "Effective Date") by
and between the CITY OF ORANGE, a municipal corporation ("City"), and MATRIX
CONSULTING GROUP, LTD, a California corporation ("Contractor"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed FIFTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS and
00/100 ($58,500.00)without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
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d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work,extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A," shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
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Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control,other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports,plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability,or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin. mental or physical
disability, or any other basis prohibited by applicable law.
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C. Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof,and the officers, officials, agents
and employees of City(collectively the"Indemnitees")entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation
employed by Contractor, either directly or by independent contract, including all damages due to
loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are the subject of
this Agreement, including injury or damage either on or off City's property; but not for any loss,
injury,death or damage caused by the active negligence or willful misconduct of City. Contractor,
at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such claim or liability
covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against
the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage
under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability
arising out of any claim, loss, injury to or death of persons or damage to property to the extent
caused by its negligent professional act or omission in the performance of professional services
pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
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d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
d. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement,City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
e.Contractor shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep
such policy in force and effect for at least five (5) years from the date of completion of this
Agreement.
f.The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
g. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
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evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten (10) days' prior written notice to City.
h. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
i.Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
j.Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City,on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
k. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records") pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
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offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works,"as
that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations(www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract,
Contractor must meet all State registration requirements and criteria, including project compliance
monitoring.
c. Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
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that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for,of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall he in
Orange County, California.
23. lnteeration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three(3)days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Matrix Consulting Group, LTD City of Orange
1650 S. Amphlett Blvd, Suite 213 300 E. Chapman Avenue
San Mateo, CA 94402 Orange, CA 92866-1591
Attn.: Richard Brady, President Attn.: Trang Nguyen
Telephone: (650) 858-0507 Telephone: (714) 744-2235
E-Mail: rbrady@matrixcg.net E-Mail: nguyent@cityoforange.org
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25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
MATRIX CONSULTING GROUP, LTD CITY OF ORANGE, a municipal corporation
a California corporation DocuSipnedby:
Itb itl, f. Statue
DS *By By: .2DA88777,20447
it Printed Name:Richard Brady Daniel R. Slater, Mayor
Title:President
Initial *By:
r Printed Name:Courtney R
Title:Senior Vice President DocuSlpned by:
ATTEST:
na/aFprggipcA3e
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
DocuSlpned by:
By: Mnamr1147BFdon
Mike Vigliotta, City Attorney
NOTE:City requires the following signature(s)on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must be provided to
City.
1LYA
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
L)ocusign Envelope ID:4342A889-137AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and
User Fee Study
I ORANGE, CALIFORNIA
July 25, 2024
matrix
consulting group
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Table of Contents
A Cover Letter i
B Company Data 1
C Certificate of Insurance 3
D Validity of Proposal 4
E Certification of Understanding 5
F Statement of Compliance/Terms and Conditions 6
G Resumes and Qualifications of Personnel 7
H Work Plan 12
Fees 24
J Related Experience and References 26
K Sample Report 32
L Resources to be Provided by the City 33
M Certificate of Non-Collusion 34
Appendices 36
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matrix
consulting group
July 25, 2024
Wanda Alvarez, Purchasing Officer
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Dear Ms. Alvarez:
The Matrix Consulting Group is pleased to submit our proposal to develop a Cost Allocation
Plan and User Fee Study for the City of Orange. The importance of establishing documented
and defensible plans that facilitate the recovery of direct and indirect costs.
We understand the importance of establishing documented and defensible studies to recover
direct and indirect costs. We have conducted over 300 cost of service studies, mostly in
California, and have been providing this service to our client for over 21 years.
Our experience in providing similar services and understanding of the impact and
implementation issues faced by jurisdictions in Southern California comes from recent work
with the following clients: Chula Vista, Glendale, Menifee, Manhattan Beach, Pasadena,
Pomona, San Bernardino, South Pasadena, and Walnut. Additionally, we previously worked
with the City on its user fee study in 2018 and can utilize that familiarity to ensure timely
completion of work products.
At Matrix Consulting Group, we distinguish ourselves from our competitors through our
commitment to delivering unparalleled value. Our staff possess a deep understanding of
service and process assumptions behind the cost of service.This dual expertise allows us to
provide comprehensive insights and solutions that optimize efficiency and maximize our
clients' value. Additionally, having a local office in Irvine will help facilitate the data collection,
staff interviews, and any presentations.
I am the firm's President and authorized to contractually bind the firm. Courtney Ramos, a
vice president, can provide clarification regarding this proposal. We can be reached at the
letterhead locations or via email at rbrady@matrixcg.net and cramos@matrixcg.net
Richard Brady, President
Matrix Consulting Group, Ltd.
18012 Cowan, Suite 200 Irvine, CA 92614 650.858.0507
SF Bay Area (Headquarters), Charlotte, Dallas, Fort Myers, Irvine, Portland, St. Louis
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
B Company Data
Q1. State the company's official name and address and the names and titles of its principal
officers; indicate what type of entity, such as corporation, partnership, joint venture, sole
proprietorship, etc. and indicate if the firm is incorporated.
Our firm's official name is the Matrix Consulting Group, Ltd. Our headquarter
location is in San Mateo at the address below,and we have regional offices in Irvine
CA), Edwardsville (IL),Charlotte and Cary(NC),the Dallas Metroplex(TX), Portland
OR), and the Tampa (FL) area.
Matrix Consulting Group, Ltd.
1650 S. Amphlett Blvd., Suite 213
San Mateo, CA 94402
We are a corporation, incorporated in the State of California in 2003. The names
and titles of our seven principal owners are:
Richard Brady, President
Alan Pennington, Senior Vice President and Chief Talent Officer
Courtney Ramos, Senior Vice President and Chief Financial Officer
Ian Brady, Senior Vice President and Chief Operating Officer
Aaron Baggarly, Vice President
Jen Winter, Vice President
Khushboo Ingle, Vice President
Q2. Provide the firm's Federal Employer I. D. Number.
05-0545979
Q3. Provide the name and address of the person to receive notices who is authorized to make
decisions and represents the company. Specify in what capacity the person shall be
representing the entity and any limitations to their authority.
Richard Brady, President of the firm, is authorized to make decisions on behalf of
the company. He will be the City's main contact regarding contract negotiation.
Courtney Ramos, a senior vice president and financial services practice leader, can
clarify information in this proposal. They can be reached at the address above.
Matrix Consulting Group 1
Docuslgn Envelope ID:4342A889-B7AE-4782-9FG8-B79412932CG2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Q4. Furnish the complete firm's address for any mailed funds.
Matrix Consulting Group, Ltd.
1650 S. Amphlett Blvd., Suite 213
San Mateo, CA 94402
Q5. State any failures or refusals to complete any contracts and a complete explanation.
Our firm has never failed or refused to complete a contract.
Q6. Indicate the number of years in business under the present business name.
We have been in business under our current name for 21 years.
Q7. Indicate the number of years of the firm's experience in providing required, equivalent or
related products and services.
The Matrix Consulting Group has been providing analytical services to local
governments equivalent to those requested by the City of Orange since 2003.
Q8. Submit a detailed statement indicating whether the Responder is totally or partially owned
by another business organization or individual that will be providing the services to meet
the requirements of the Proposal.
Our firm is not totally nor partially owned by another business or individual.
Q9. Submit a detailed statement indicating whether the Responder totally or partially owns any
other business organization that will be providing the services to meet the requirements of
the Proposal.
Our firm has a wholly owned Canadian subsidiary, MCG Consulting Solutions.
However, services to meet the requirements of the City's RFP will be performed by
full-time employees of the Matrix Consulting Group.
Matrix Consulting Group 2
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
C Certificate of Insurance
We confirm our ability to provide a current certificate of insurance within ten calendar
days of notification of selection for award.
Matrix Consulting Group 3
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
D Validity of Proposal
Our proposal is valid for 120 calendar days from date of submittal.
Matrix Consulting Group 4
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
E Certification of Understanding
We agree to the terms outlined in Section III.E of the City's RFP.
Matrix Consulting Group 5
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
F Statement of Compliance with Agreement's Articles/Terms
and Conditions
This proposal is in compliance with said Request for Proposal information, except for
those proposed exceptions listed in a separate attachment hereto. (RFP Section Ill, F.1 .b)
Please refer to the Appendices section at the end of this proposal for details.
Matrix Consulting Group 6
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
G Resumes and Qualifications of Personnel
The team is comprised of full-time employees of the firm and organized as follows:
Project oversight and City of Orangeoverallprojectapproval.
J
Primary contact for the
project, providing expertise Courtney Ramos
in reviewing drafts and Principal-in-Charge
presenting results.
Responsible for leading
interviews,financial Khushboo Ingle
analysis, policy discussion Project Manager
and development.
Coordination of data
collection,support City staff Madison Dixson Abnash Minhas Anna Barnett
in data development,and Analyst Analyst Analyst
populate models.J
The following table provides experience summaries for our proposed project team,
including types and years of experience, recent clients, and project roles.
Matrix Consulting Group 7
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Courtney Ramos Ms. Ramos is a Senior Vice President and our Financial Services Practice
Sr. Vice President Leader who oversees cost allocation plan, user fee, development impact
fee, and cost of service engagements. Her tenure with the firm has also
Experience: included participation in operational audit engagements focusing on
19 years reviewing organizational and staffing structures to enhance services.
Courtney's relevant experience include the completion of over 300 cost of
service studies; analysis focuses on development and documentation of
direct and indirect costs, fair and equitable allocation methodologies; and
expertise in the development of fiscal policies and procedures relating to
cost of service and cost recovery. She was the Principal-In-Charge on the
previous City of Orange cost-of-service studies as well.
In addition to the City of Orange, recent Southern California clients include
Burbank, Glendale, Manhattan Beach, Menifee, Pasadena, Redlands,
Riverside,San Bernardino,South Pasadena,and Walnut.
Courtney received an A.A. degree in Administration of Justice,as well as an
A.A. degree in Sociology from Santa Barbara City College. Her certifications
include Revenue Enhancement Best Practices.
Her role on this project would be to serve as the Principal-in-Charge,
ensuring timely project deliverables, quality control, and presentation to
stakeholders.
Khushboo Ingle Ms. Ingle is a Vice President who manages cost allocation plan, user fee,
Vice President development impact fee,and cost of service engagements. Her experience
with the firm also includes participation in operational audit engagements
Experience: focusing on organization, staffing, and internal processes.
12 years
Khushboo has completed over 200 cost of service studies. Recent Southern
California clients include Adelanto, Burbank, Glendale, Manhattan Beach,
Menifee, Pasadena, Redlands, Riverside, San Bernardino, South Pasadena,
and Walnut. She was also the Project Manager who completed previous
cost-of-service studies for the City of Orange.
Khushboo received a B.A. in International Economics and an M.A. in
International Affairs from the University of California — San Diego and is
certified in OMB Cost Allocation Best Practices.
Her role on this project will be Project Manager, involved in leading
meetings, developing draft results, and reviewing results.
Matrix Consulting Group 8
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Madison Dixson Ms. Dixson is an analyst who assists our senior staff on cost allocation plan,
Senior Consultant user fee, development impact fee,and cost of service engagements.
Experience: During her time with the firm, Ms. Dixson has served as a project analyst for
3 years several Southern California clients including Glendale, Burbank, Pasadena,
Menifee, Redlands,Walnut,and San Bernadino.
Madison has a B.A. in Anthropology from the University of California —
Irvine. She is also certified in OMB Cost Allocation Best Practices.
Her role on this project would be to serve as an Analyst, involved in
attending meetings,data input,and developing models.
Abnash Minhas Ms. Minhas is an analyst who has recently joined our firm to assist our staff
Consultant on cost-of-service engagements including cost allocation plan, user fee,
and development impact fee studies. She has recently assisted on projects
Experience: for Southern California clients including Pomona, Redlands, Glendale,
2 years Menifee, and Chula Vista.
Abnash received a B.A. in Economics from the University of California—San
Diego. Her certifications include Revenue Enhancement Best Practices.
Her role on this project would be to serve as an Analyst, involved in
attending meetings, data input, and model development.
Anna Barnett Ms. Barnett is an analyst who has recently joined our firm to assist our staff
Consultant on cost-of-service engagements including cost allocation plan, user fee,
and development impact fee studies. She has recently assisted for projects
Experience: on Norman (OK), Lewis County (WA), and Santa Clara County(CA).
1 year
Anna has a B.A. in Mathematics with concentration in Data Science, and a
B.S. in Economics from Wofford College in Spartanburg,South Carolina. Her
certifications include Revenue Enhancement Best Practices.
Her role on this project would be to serve as an Analyst, involved in
attending meetings, data input, and model development.
Detailed resumes for Courtney Ramos and Khushboo Ingle begin on the following page.
Matrix Consulting Group 9
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
COURTNEY RAMOS
SENIOR VICE PRESIDENT / CHIEF FINANCIAL OFFICER
Ms. Ramos is our Financial Services Practice Leader,who oversees Relevant CA Clients:
cost allocation plan, user fee, development impact fee, and cost of Citrus Heights
service engagements. Her tenure with the firm has also included Cupertino
participation in operational audit engagements focusing on Dixon
reviewing organizational and staffing structures to enhance Elk Grove
services. Courtney's relevant experience include: Fairfield
Glendale
Completed over 250 cost of service studies for clients across the Humboldt County
United States. Livermore
Analysis focuses on development and documentation of direct Long Beach
and indirect costs, fair and equitable allocation methodologies,
Manhattan Beach
and defensible results.
Orange
Pacific Grove
Expertise also includes development of fiscal policies and Redwood City
procedures relating to cost of service and cost recovery. San Bernardino County
San Pablo
Experience Highlights San Mateo
Santa Clara
Manhattan Beach, CA: Courtney served as the project executive and Santa Clara County
project manager on this engagement which determined the Sonoma County
South San Francisco
overhead allocation and full cost of providing city fee-based Stanislaus County
services. Key analysis included:Sunnyvale
Identifying services provided by City staff, including documenting
Vacaville
services, and service levels.
Winters
Willits
Ensuring fair and equitable allocations of support services.
Recommending capital project allocation through direct Years of Experience: 19
engineering charges.Education:
Repeat client who engaged us for the same study 4 years later.
A.A. Administration of
Riverside, CA: This study reviewed the City's overhead review Justice,A.A. Sociology
practices. Key analysis included: Santa Barbara City College
CA).
Ensuring all central services are appropriately accounted for in
the plan. Professional Association /
Identifying best practices for cost allocation.
Certification:
Government Finance
Role on This Engagement: As Principal-in-Charge, Courtney will Officers Association
provide expertise in reviewing drafts and presenting results. California Society of
Municipal Finance Officers
Revenue Enhancement
Best Practices
Matrix Consulting Group 10
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
KHUSHBOO INGLE
VICE PRESIDENT
Ms. Ingle is a Vice President who manages cost allocation plan, user Relevant CA Clients:
fee, development impact fee, and cost of service engagements. Her Berkeley
experience with the firm also includes participation in operational Citrus Heights
audit engagements focusing on reviewing organizational, staffing, Cupertino
and internal processes to enhance services.Dixon
Elk Grove
Khushboo's relevant experience include: Fairfield
Completed over 150 cost of service studies for clients across the Humboldt County
United States.
Livermore
Long Beach
Analysis focuses on verifying and reviewing cost of service Manhattan Beach
assumptions and ensuring compliance with best practices.Orange
Expertise also includes impact fee studies and development fee- Pacific Grove
studies. Redwood City
San Bernardino County
San Pablo
Experience Highlights San Mateo
Santa Clara
Orange, CA: Khushboo served as the Project Manager on this Santa Clara County
engagement which looked at conducting a citywide fee study and Sonoma County
development impact fee analysis. Key analysis includes: South San Francisco
Stanislaus County
Streamlining land use categories for Fire impact fees to represent Sunnyvale
the current types of use. Vacaville
Identifying growth projections and appropriate nexus Winters
considerations for impact fees.
Years of Experience: 12
Downey, CA: Khushboo served as the project manager on this
engagement which looked and developing a citywide cost plan,
Education:
comprehensive user fee study, and Development Impact Fees. Key B.A., University of
analysis included: California — San Diego,
Review of current administrative functions, and ensuring all International Economics
appropriate functions were included in the plan. M.A., University of
Incorporating updated metrics to account for each service area. California — San Diego,
Calculation of Indirect costs.International Affairs
Professional Association /
Role on This Engagement: Khushboo will serve as the Project Certification:
Manager on this engagement, leading interviews and coordinating California Society of
necessary data collection for the financial analysis, policy Municipal Finance Officers
discussions, and working with the Data Analyst to compile and
Revenue Enhancement
analyze data.Best Practices
Matrix Consulting Group 11
Docusign Envelope ID:4342A889-B7AE-4782-9FG8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Work Plan
This section of our proposal demonstrates our project understanding and provides an
overview of our approach and proposed work plan, including task deliverables and overall
project schedule.
Project Understanding
The City of Orange is requesting a Full Cost Allocation Plan and a User Fee Study. The
City last conducted these studies in 2017 and 2018, respectively. Consistent with best
Practices, the City is interested in engaging with an external consultant to conduct an
update.
It is important to review and update the Full Cost Allocation Plan to capture any
organizational changes that have occurred in the last 6 years, as well as shifts in the types
of services. The results of this analysis can be used by the General Fund to justify
transfers from non-general fund sources, as well as be incorporated in the user fee study.
The previous user fee study was conducted in 2018 and included all areas of service
including facility rentals, building fees, and EMS fees. As part of the previous analysis, we
worked with the City to convert their valuation-based fee schedule to one more based on
scope of services — occupancy and square footage. Additionally, at the end of that study,
we provided staff with excel-based models for annual updates and changes.
The scope of the updated user fee study will be to utilize that prior information and any
in-house updates, but also ensure that all new services are being captured and any
feedback / input regarding use and implementation of current fee structures are
incorporated. Through this process we will reevaluate all fees for service and ensure that
it capture updated services and updated direct and indirect costs.
Methodology and Approach
The Matrix Consulting Group works with clients of all sizes in over 45 states across the
U.S. and Canada. Every project is unique but is managed according to the following
essential project approach:
Matrix Consulting Group 1 2
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Understanding City-specific financial data.
Workingcollaborativelywtih Citystaff through meetings and9
workshops.
Applying industry standards, best management practices, and technical
expertise for cost allocation and user fee application.
Calculating defensible results with buy-in from internal and
external stakeholders.
Providing recommendations and transferring knowledge and work
products to City staff for successful implementation.
These approaches allow us to provide services to our clients that not only meet their
needs and adhere to state and local guidelines but also educate staff about fees' uses
and applications and provide guidance for future updates or increases.
Work Plan
The following outlines our detailed task plan to conduct the study. These scopes of work
can be conducted concurrently.
Project-wide Tasks
There are three key tasks that would span all three scopes and then the tasks would vary
based on each scope of work. The following tasks would be conducted for all scopes.
Task 1 I Data Collection
Prior to any initial meetings, we will provide the City with a list of data requirements. This
will allow our project team to review this information thoroughly in preparation for initial
discussions with staff. A common list of data collection items include:
Budgeted Expenditures per Fund and Department.
Staffing per Fund and Department.
List of current fees to be included in the scope.
Copy of any previous studies / analyses.
List of comparable jurisdictions for the comparative analysis.
These items will allow our project team to familiarize themselves with the City's structure.
Deliverable List of basic data requirements for the Study
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Task 2 I Study Objectives and Project Schedule
Once the data has been collected, the project team will then meet with City staff to
discuss any issues identified by the project team, as well as to clarify any existing issues
or concerns held regarding the current cost allocation and user fee study methodology.
Discussions will include:
Review of the City's specific needs and critical issues surrounding development
and implementation of the cost allocation and user fee study.
Opportunities for improvement and restructuring of previous cost allocation and
fee analyses.
Discussion of cost recovery goals.
At the culmination of the meeting,the project team and the designated City staff will leave
with a greater understanding of the overall approach and methodology that will be taken
by the project team to conduct the cost allocation and user fee study.
L i 6
Task 3 / Excel-Based Model and Training
The City wishes to have the ability to update the final version of the cost allocation and
fee studies, including the ability to add, revise or remove costs or service types, as well
as update assumptions regarding any fee changes. Our technical models would provide
the ability for the City to adapt and continuously update each study annually.
We have previously provided our fee-based model(s) to the City for annual updates. We
have updated our model(s) since the previous analysis, but many of the components are
same.
While the models are structured in Excel, the technical models are proprietary and for
internal use by City staff only. By having our model based in Excel, the requirements for
software training, new software, updates, licensing, or other support, are minimized.
After the final draft of the cost allocation plan and user fee study is approved,the project
team would meet with, and train designated City employees on use of requested models.
Staff will be provided with training that includes: a User's Manual which explains key
concepts, defines basic terms, includes a customized updated checklist of data that
needs to be entered, and discusses different scenario options (e.g., adding new central
services, removing receivers, etc.), as well as instruction tabs for the Fee Models.
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
DeliverableI Excel Model and Backup Documentation
Cost Allocation Plan Tasks
The City of Orange is requesting the development of a Cost Allocation Plan to capture the
indirect costs associated with direct programs and services. The City last conducted this
study in 2017 and would like to update it to ensure that all indirect costs associated with
operations are captured. The tasks to be conducted are described below.
Task 1 Interview Staff and Gather Allocation Metrics
The project team would review the City's previous cost allocation plan, as well as current
financial structure to identify City departments and services to be allocated. To structure
a custom cost allocation model, our project team would perform the following:
Review and discuss the accounting (fund and organizational levels) structure of
the City based on budgeted expenditures to identify any anomalies.
Identify and meet specific central services departments to develop allocation
bases and ensure that the plan reflects the following aspects:
All current services provided by the Department are identified and
documented within the Cost Allocation Plan.
Allocation bases discussed to be utilized are reflective of the current level
of effort and most relatable to the service being performed.
The following is a sample flowchart visually representing discussion outcome, the first
level is the central services department,the second level is the identified service category,
and the third level is the basis by which costs will be allocated:
Finance
H
Payroll Accounts Payable Financial Reporting
of Employees per of Invoices per Actual Expenses per
Division Division Division
Discuss alternative allocations, including outcomes and potential impacts.
Matrix Consulting Group
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
The points above provide examples of the types of detailed and in-depth discussions that
the project team will have with City departments involved in the cost allocation process.
At this point in the process,the project team would reach out to each department and ask
for specific allocation metrics such as purchase orders, invoices, sq. ft. per facility, etc.
Deliverable Allocation Metric Requests from Support Departments
Task 2 I Review of Draft Cost Allocation Metrics
Based on the units of service identified in Task 1 and the allocation metrics collected,the
project team would put together allocation workbooks for review with central service
departments. The purpose of these workbooks is to review the initial results of the
allocation metrics. The following graphic shows an example of the allocation workbook:
of AR Transactions
Fund Dept Desc per Fund/Dept Allocation%
1 10 City Manager 3 0.87%
1 16 Human Resources 30 8.75%
1 20 City Attorney 30 8.75%
1 30 Police 68 19.83%
1 35 Fire 1 0.29%
1 40 Development Services 7 2.04%
1 50 Public Works Streets 5 1.46%
1 51 Public Works Facilities 1 0.29%
1 52 Community Services 185 53.94%
10 Water 1 0.29%
14 Sewer 8 2.33%
29 Self-Insured Liability Fund 4 1.17%
TOTAL 343 100.00%
In the sample graphic provided, based on the number of AR Transactions per
fund/department, the primary support is for Community Services (54%) for all the Parks
and Recreation transactions, followed by Police (20%). Based upon the results of this
sample, the project team would verify with Finance that the statistics were allocated to
the appropriate fund/department and that the resulting percentage is reflective of the
support being provided by the Accounts Receivable staff and function.
This type of detailed review is critical for the development of a defensible cost allocation
plan. It also ensures that departmental staff and City staff are comfortable with the use
of the allocation metrics and the support that those metrics represent.
iverable f 4. a k,
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Task 3 Structure and Prepare Draft Full Cost Allocation Plan
Once the central service departments and administrative functional areas have agreed
upon, the appropriate allocation metrics for services, allowable administrative or other
indirect costs are allocated to each benefiting department, operating unit, or fund. At this
point the project team would begin customizing the Cost Plan to ensure methodologies
and assumptions comply with Federal regulations (2 CFR 225) by utilizing a double-step
down allocation methodology and general accounting principles.
During the development of the cost allocation plan, the project team will ensure that any
expenses included in the plan are vetted and reviewed with Finance staff, as well as
incorporate any direct reimbursements. The results of the draft cost allocation plan will
be provided to staff in numerical format in Excel prior to the development of a draft report.
Finalize the Cost Allocation Plan
Upon review and approval of the draft cost plan by central service departments and the
Finance Department, the project team will finalize the Cost Allocation Plan and report.
The final deliverables associated with the Cost Allocation Plan will be:
Cost allocation plan report: including all detailed allocation schedules, cost
schedules, summary schedules, and narrative information regarding the central
services included.
Excel summary schedule:the results of the full cost allocation plan in Excel format
for ease of calculations, incorporation into City documents, and review by staff.
This type of final work product ensures that information is available in a variety of formats
for City staff to use. The detailed report serves as backup documentation; whereas the
Excel results can be input into budget documents.
Comprehensive User Fee Study Tasks
The City of Orange would like to review all of its fees for service. As we worked with the
City on its previous fee study, we will utilize that knowledge along with meeting with staff
to ensure all services are captured, in compliance with legal regulations, and documented
through an updated master fee schedule.. The following tasks provide an overview of the
level of detail utilized to conduct the comprehensive fee study.
Matrix Consulting Group r
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Task 1 Develop a Schedule of Current and Potential Fees for Service
The project team will work with staff to review their current fee schedules in line-item
detail, including any major modifications that have been made since the previous fee
study. This meeting is critical in ensuring staff can incorporate any updates or changes
to the fee study based on code, regulation, staffing, process, or technological changes.
The focus of this meeting will be the following:
Renaming fees: Rewording or renaming fees to identify services more clearly.
Eliminating fees: Removing any outdated services or fees.
Adding new fees: Capturing any new services or breaking out existing fee
categories to identify all the services being provided by City staff more clearly and
identify potential fees for services that the City would like to provide.
Recategorization of fees: Collapsing or expanding multiple fee ranges to better
capture the services provided. For example, eliminate lot ranges or acreages if
those do not impact the review amount, but add categories based upon the
approval level (i.e., Commission vs. Director level).
It is important to note that this meeting occurs first to ensure that any significant
proposed structural changes are captured prior to collecting time estimate information
or developing draft fee results. However, there is the ability to make future adjustments.
Deliverable Proposed Fee Structure(s)
Task 2 I Conduct Time Data Gathering Workshops
Having worked with the City previously, we do have access to prior time estimation data.
Additionally, we understand that City staff have had the ability to update these
assumptions annually since the previous fee study. Therefore, the project team will
crosswalk the existing fee schedule against available information and conduct
workshops to reevaluate existing time estimates and gather any new time estimates
needed. Below is an example of the steps involved in permit processing and the time
associated with each step.
Intake Routing • Initial Review Final Review Issue Permit
Permit Tech: Permit Tech: Plan Checker: lk Plan Checker: Permit Tech:
15 mins 10 mins 1 hour 30 mins 15 mins
The project team will conduct multiple time estimate workshop(s) for each department /
division included in the study, and the workshop results will be Excel-based workbook(s)
Matrix Consulting Group 8
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
that staff can review. Staff will be provided time for any edits or comments on time
estimate information.
In fr. ...Jc(s)
Develop Fully Burdened Hourly Rates
Based on the City's staffing and budget information, the project team will calculate fully
burdened hourly rates, including direct and indirect costs. The following points highlight
the cost components and factors included in fully burdened rates:
Direct costs: This component accounts for salary and benefits associated with
each employee or position and reflects City staffing and salary reports.
Indirect costs - Departmental: This component accounts for administrative and
management support provided to line-level staff, as well as operational services
and supplies that are used in the execution of job duties. This cost component is
developed through interviews with staff and an analysis of budgets.
Indirect costs - Citywide: This component accounts for citywide support such as
Finance, HR, and Attorney support provided by other departments. This would be
calculated based on the full cost allocation plan.
Once the cost components have been documented and developed, the project team will
review MOUs and talk with departmental staff to determine appropriate productive hour
calculations. These reduced available hours will ensure fully burdened hourly rates
account for leave accruals (holiday, vacation, and sick) and any meetings or training.
Deliverable 'um Fully Burdened Hourly Rates
bask 4 I Perform Total Cost Analysis
The Matrix Consulting Group's costing model is built based on the City's operations,
budget details, and intended uses for the results. This method is a customized approach
specific to each jurisdiction for cost analysis of user fee services. It is a "bottom-up"
approach, the most defensible methodology for calculating user fees. The methodology
incorporates the time estimate information and fully burdened hourly rate information.
The following graphic shows the cost calculation:
Time Fully Full Cost
Estimate
Burdened
Fee
Rate
Matrix Consulting Group
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
This costing method uses time and annual activity level data to establish the cost of
providing services on both a unit and an annual level. Once the time spent for a fee activity
is determined for each individual or position, the team uses its fee and rate software to
apply the fully burdened hourly rates calculated in the previous task.
Resulting costs are presented on a unit and annual level and are compared to the existing
fee schedule and revenue reports. The City will obtain detailed information regarding cost
recovery surpluses and deficits on both a detailed (per unit) and global (annualized) level,
as well as an understanding of cost components for each service.
Deliverable Per Unit and Annual Fee Study Results
Task 5 Conduct a Market Rate Survey
We will work with the City to identify jurisdictions in Orange County, or elsewhere in the
Southland, to conduct a comparative survey of fees. This comparative survey activity will
include:
Developing fee scenarios for each department included in the study to be
compared to other jurisdictions.
Graphing the results of the fee analysis for easy visual comparison purposes.
Single Family Home-New Permit and Plan Check Fees
8,000.00
7,000.00
6,000.00
Permit
Plan Check
5,000.00
4,000.00
3,000.00
2,000.00
1,000.00
III0.00
o ci a a n a
E E E E
ae
U U U UU
O
Collecting contextual information such as population size, budget, staffing, last
time fee study was done, and last fee schedule update.
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
As market surveys do not provide adequate or objective information about the
relationship between a jurisdiction's costs and fees, these steps ensure we provide the
City with the most information possible.
Deliverable Comparative Graphs (included in Draft Report)
Task 6 I Review/ Revise Fee Study Results
Because the analysis of service fees is based on estimates and information provided by
City staff, all participants must be comfortable with our methodology and the data they
have provided. Once the department agrees that the analysis reflects the reasonable
costs of providing services, City management can review the results. At this point, the
project team will provide City staff with Recommended Fee Workbooks. The
Recommended Fee Workbooks will provide departments / divisions with the fee study
results in MS Excel. The following shows an example of the workbook:
Current-Per Unit Results
Surplus/(Deficit) Cost Recovery
Fee Title Current Fee Total Cost Per Unit
Lot Line Adjustment 900 1,557 657) 58%
Temporary Use Permit 40 325 285) 12%
Recommended Fee
Change to Recommended
Recommended Recommended Change to Fee Cost
Fee Title Fee Fee Recommended Fee Recovery%
Lot Line Adjustment 1,200 300 33% 77%
Temporary Use Permit 100 60 150% 31%
Recommended Fee Annual
Potential
Revenue at Revenue at Change in
Fee Title Workload Current Fee Recommended Fee Revenue
Lot Line Adjustment 4 3,600 4,800 1,200
Temporary Use Permit 60 2,400 6,000 3,600
TOTAL 6,000 10,800 4,800
As the graphic indicates, the recommended fee workbook allows the City to input
information into the Recommended Fee column and see its impacts, such as the dollar
increase, percentage increase, and what percentage of their current costs they will
recover. Additionally, the workbook allows the City to calculate potential increases or
declines in revenue because of the recommended fees.
Deliverable
4
t1. yt
tfiAh"4 Y`
e
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Uocusgn Envelope IL):4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Task 7 Prepare a Draft User Fee Study Report
Upon conclusion of the fee study, we will prepare a detailed report summarizing the
results of each of the previous work tasks described above. This report will include:
A concise executive summary discussing the study, methodology, results, and
narrative describing the services included in the study.
A section on proposed modifications to the current fee schedule, including removal
or addition of new fees for service.
A section on per unit and annual results for each fee is included in the analysis, as
well as where workload data is available.
A comparative survey section outlining key fees, their comparison to other local
jurisdictions, and contextual information regarding budget and staffing.
The draft report will be provided to City staff for comments.
Finalize Fee Study Report
Any edits or revisions to the draft user fee study report will be incorporated into the
finalized fee study report. This finalized fee study report will include all elements of the
draft fee study report and any additional cost recovery considerations and policy
considerations for the City Council's review.
Master Fee Schedule
Once the final user fee study report is approved,the project team will help the City update
its master fee schedule. This attachment is extremely helpful as part of the staff report
provided to the Council upon adoption.
Deliverabl-
Task 10 I Present the Final Report to Key Stakeholders
The presentation of results to City officials and/or stakeholders is critical to the success
of the overall engagement. Because the product from the study is often controversial, the
objective of this final step is to present a succinct summary that provides decision
makers with key information. The Matrix Consulting Group will attend and present the
study at up to three (3) Committee or Council meetings, including any fee adoption
Matrix Consulting Group 2
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
hearings. We believe that these number of meetings is typically sufficient to ensure that
there is buy-in from the stakeholders.
Timeline
The City has indicated that this project will occur from September — December 31, 2024.
With that in mind, we propose the following four-month schedule, shown on a task-by-
task basis.
Tasks 1 2 3 4 4+
Project Wide Tasks
Data Collection
Study Objectives/Project Schedule
Excel-Based Models/Training
Cost Allocation Plan Tasks
Interview Staff/Gather Metrics
Review Draft Metrics
Draft Report
Prepare Final Report
User Fee Study Tasks
Current& Potential Fees
Data Workshops
Fully Burdened Hourly Rates
Total Cost Analysis
Comparative Survey
Review/Revise Results
Draft Fee Study Report
Prepare Final Report
Update Master Fee Schedule
Presentation
The above timeline is for completing the analysis, development of implementation
options. However, this timeline does result in fee implementation no earlier than March
2025, due to the 60 day waiting period for development-related fees. If the City is
interested in implementation by January 1, 2025, that would require completion of the
project by October 2024, which would not be feasible, given a start date of September
2024. Presentations and excel-based models and trainings, would be available after
project completion.
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I Fees
The Matrix Consulting Group proposes to perform the tasks and services associated with
the development of a Full Cost Allocation Plan and User Fee Study for a fixed-price fee of
58,500. The following table shows our proposed cost by estimated hours per task and
position.
Principal- Project Analysts Total
in-Charge Mgr. 3) Cost
Project-wide Tasks
Data Collection 0 2 4 1,100
Study Objectives/Project Schedule 2 2 2 1,400
Excel-Models/Training 2 4 6 2,500
Subtotal Project-Wide Tasks 4 8 12 5,000
Cost Allocation Plan Tasks
Interview Staff/Gather Metrics 0 4 6 1,900
Review Draft Metrics 0 6 10 3,000
Draft Report 2 4 26 5,500
Prepare Final Report 2 4 10 3,100
Subtotal CAP Tasks 4 18 52 13,500
Comprehensive User Fee Tasks
Current&Potential Fees 0 4 8 2,200
Data Workshops 0 6 14 3,600
Fully Burdened Hourly Rates 0 6 20 4,500
Total Cost Analysis 0 10 26 6,400
Comparative Survey 0 4 24 4,600
Review/Revise Results 0 8 16 4,400
Draft Fee Study Report 0 10 20 5,500
Prepare Final Report 2 6 12 3,900
Develop Master Fee Schedule 0 2 8 1,700
Presentation 4 8 0 3,200
Subtotal Comprehensive Fee Study Tasks 6 64 148 40,000
Total Hours 14 90 212
Hourly Rate 300 250 150
Total Professional Fees 4,200 $22,500 $31,800 58,500
Total Project Cost 58,500
This price is a fixed, not-to-exceed price contract, inclusive of all travel and any other
expenses. Our typical practice is to bill for hours worked monthly. If any additional
services are required,they will be billed at the hourly rates noted.
The Matrix Consulting Group is committed to helping our clients develop accurate and
defensible cost-of-service methodologies and ensure that they can implement the results
Matrix Consulting Group 24
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of these studies appropriately. Our project team will work with City staff to facilitate an
understanding of the results and how to incorporate those results into budget and policy
documents, informational handouts, and other City materials.
Our client support continues after a final report has been issued. We understand that
questions can arise well after project completion and are committed to working with our
clients to answer any questions about methodologies and applications of results. This
support is provided to our clients at no extra cost.
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J Related Experience and References
This section contains information about our experience providing services requested by
the City or Orange as well as five project references.
Cost Allocation Plan Experience
Our firm has extensive experience developing comprehensive cost allocation plans, as
well as indirect cost rate proposals for various municipal organizations across the United
States. Regardless of jurisdiction size, our goal is to document and define the services
being provided, and accurately allocate costs to all beneficiaries. The following points
highlight our experience with developing cost allocation processes and metrics:
Administrative Functions: Our firm has extensive experience in evaluating
processes and functions associated with City Clerk, Finance, Human Resources,
and Purchasing. From basic tasks and responsibilities to process improvement
and oversight controls, our project teams can:
Identify core service functions, such as payroll, employee benefits, budget
preparation, agenda, and commission support.
Review current data metrics, and work with staff to ensure resulting
allocations are appropriate, fair, and equitable.
Recognize services that are not in direct support of departments, including
business licenses and elections, and ensure they are accurately identified,
but not further allocated.
Our project teams understand the core services associated with administrative
functions, as well as the time associated with process completion, and are adept
at helping staff determine daily, weekly, monthly, or annual time spent on a task.
These assumptions form the core basis of a cost allocation plan, and should be
defensible not only through documentation, but also by City staff.
Governmental Functions: The Matrix Consulting Group has worked with and been
a part of managerial studies relating to City Manager and Legal services.
Additionally, we have extensive experience working with, and presenting to various
boards, councils, and subcommittees. Our understanding of the various types of
services provided allow our project teams to assess what services are best for
allocation, including:
Categorizing services and support that benefit the City as an organization,
such as contract negotiation, and approval of internal policies.
Matrix Consulting Group 26
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Identifying services that benefit the City economically, such as lobbying, and
economic development, which should not be allocated.
Our team understands how these costs can and should be treated in an OMB
compliant plan, including making staff aware of common practices, as well as
aggressive allocation options.
Internal Services: The Matrix Consulting Group has significant experience
evaluating services and functions associated with facilities maintenance, fleet
services, and information technology. While these services can be part of the
general fund or internal services, their allocation is important when trying to
understand the indirect costs associated with any Fund, Department, or Program.
Our project teams work with these departments to:
Review existing allocation processes and metrics to ensure compliance
with state and federal regulations.
Determine if newer metrics, or metric alterations could provide more
accurate allocations.
Indirect Cost Rate Proposals: Our firm's experience with indirect cost rate
proposals ranges from developing City-wide proposals to departmental and
divisional proposals. We look at all indirect costs related to the service and
program area, determine if it is allowable and then set up the indirect cost rate
calculation. Based upon the jurisdiction's rate methodology we are versed in
provisional, fixed final, and fixed carry forward rates. We work with our clients to
review rates, outline appropriate applications, and customize templates based
upon cognizant agency guidelines.
Our project team members are well versed in Office of Management and Budget (OMB)
guidelines for cost allocation, Generally Accepted Accounting Principles (GAAP), and best
management practices outlined by the Government Finance Officers Association (GFOA)
relating to cost allocation and cost recovery. We are committed to ensuring that all cost
centers being allocated comply with state and local laws, use fair and equitable allocation
metrics, and are documented and defensible.
Recent clients of the Matrix Consulting Group to whom our proposed project team have
provided Cost Allocation Plan services are included in the following table:
Matrix Consulting Group
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
Jurisdiction Full Cost OMB Indirect Rates Annual Plan
Adelanto, CA X
Agoura Hills, CA X
Burlingame, CA X X X
Calimesa,CA X X X
Citrus Heights,CA X X
Cupertino,CA X X
Daly City,CA X
Dixon,CA X X
Downey,CA X X
Dublin,CA X X X
Elk Grove,CA X X X
Fairfield,CA X X
Hercules, CA X X
Livermore, CA X X X
Malibu, CA X
Manhattan Beach,CA X X X
Millbrae,CA X X
Pacific Grove,CA X X
Pomona,CA X X
Port of Long Beach,CA X X
Redwood City, CA X X
Riverside, CA X X
Sacramento Regional Transit,CA X X X
San Mateo,CA X X X
San Ramon,CA X
Santa Clara,CA X X X
South San Francisco, CA X X
Sunnyvale, CA X X X
Details about any project listed above are available upon request.
User Fee Study Experience
Our firm has extensive experience conducting comprehensive user fee studies for a
variety of municipal organizations and departments. When conducting comprehensive
user fee studies, the focus is often on Community Development (building, planning, and
engineering) and Parks and Recreation services. The following points highlight our
experience in these areas:
Community Development: Our firm has extensive experience in evaluating
development review permitting functions for Building, Planning, Engineering, and
Fire Prevention. From the basic process steps for submitting, reviewing,
inspecting, and approving applications and permits to development of processes,
procedures, and cost recovery goals, our project teams can address topics as:
Matrix Consulting Group 28
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
The best metric for assessing fees, such as building valuation, square
footage, construction estimate, or number of fixtures.
Appropriate deposit amounts, guidelines, and processes to ensure actual
cost recovery is achieved.
Setting fees at levels that both recover costs but are not cost prohibitive.
Cost recovery and implementation options for support services including
General Plan Updates, Technology Fees, GIS, etc.
Beyond understanding processes and assessing time estimates provided, our
project teams are aware of the cross-departmental support associated with
application and permit services. These costs are included in the full cost
calculation and can be expressed as part of the established fee or a separate fee.
Parks and Recreation: The Matrix Consulting Group has worked with every type of
recreation function, including traditional parks and recreation, libraries, and open
space preserves. Our experience spans master and strategic planning, park
condition assessments, and program staffing and cost recovery. Our project teams
are well versed in the areas that most impact cost recovery, including:
The best use of a tiered recovery approach, such as resident versus non-
resident, or profit versus non-profit.
Setting fees according to the cost recovery pyramid to ensure that premium
services have a higher cost recovery.
The goal in reviewing parks and recreation costs for service, is to ensure that fees
and rates are set at a level that allows the City to continue to serve the community
in a manner consistent with current goals and commitments.
Our firm also has extensive experience in calculating cost of services for administrative
functions such as Finance and City Clerk, as well as public safety services relating to
Police, Fire Prevention, and EMS.
All our cost of service and user fee studies are developed in compliance with California
State regulations including Propositions 218 and 26, as well as government codes 66014
and 66016 which stipulate that user fees charged by local agencies "...may not exceed
the estimated reasonable cost of providing the service for which the fee is charged".
The following table includes a sampling of California clients for whom we have conducted
user fee studies, including the types of departments and services reviewed:
Matrix Consulting Group
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Planning Building Engineering Fire Admin Utility Police Recreation
Jurisdiction Fees Fees Fees Fees Fees Fees Fees Fees
Adelanto, CA X X X X X
Agoura Hills, CA X X X X X
Burlingame, CA X X X X X X X X
Calimesa, CA X X X X X
Capitola, CA X X X X
Citrus Heights,CA X X X X X X
Cupertino,CA X X X X
Dixon,CA X X X X X X
Downey,CA X X X X X X X X
Dublin, CA X X X X X X X
Elk Grove, CA X X X
Glendale,CA X X X X X X X X
Livermore, CA X X X X
Los Altos Hills,CA X X X X
Malibu, CA X X X X X
Manhattan Beach, CA X X X X X X X X
Menifee, CA X X X X X X X
Millbrae, CA X X X X X X
Mill Valley, CA X X X X X X
Montebello, CA X X X X X X X X
Orange,CA X X X X X X X X
Pacific Grove, CA X X X X X X
Redwood City,CA X X X X X X X X
San Mateo,CA X X X
San Ramon,CA X X X X X X
Santa Clara,CA X X X X X X X X
South Pasadena,CA X X X X X X X
So.San Francisco,CA X X X X X X X X
Stockton, CA X X X X
Vacaville,CA X X X X X X X
Winters,CA X X X X X X X
Details about any project listed above are available upon request.
References
The following table references five clients for whom similar services were provided and
managed by our project executive and project manager.
Client Contact Project Type
Agoura Hills,CA Ramiro S. Adeva Ill Comprehensive Fee Study
Assistant City Manager Overhead Cost Analysis
818) 597-7353
radeva@agourahillscity.orq
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Client Contact Project Type
Burlingame,CA Helen Yu-Scott Cost Allocation Plan
Finance Director Comprehensive Fee Study
650) 558-7222
hyscott@burlingame.orq
Calimesa,CA Celeste Reid,CPA Cost Allocation Plan
Finance Director Comprehensive Fee Study
909) 795-9801
creid@cityofcalimesa.net
Malibu,CA Renee Neerman Cost Allocation Plan
Finance Manager Comprehensive Fee Study
310)456-2489 ext. 222
rneerman@malibucity.orq
San Ramon,CA J. Kelly Session Comprehensive Fee Study
Administrative Services Director Overhead Cost Analysis
925) 973-2576
ksessions@sanramon.gov
Additional details or references are available upon request.
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K Sample Report
The link below provides access to final Fee Study and Cost Allocation Plan reports our
proposed project team recently completed for the City of San Ramon, CA.
https://drive.google.com/drive/folders/1 fola6WKWdTHpl V-NSjYyMDCa5f0S1 kl?usp=sharing
Matrix Consulting Group 32
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L Resources Provided by the City
We envision a close working relationship with the City throughout the project. We place a
strong emphasis on transparency and robust communication. To ensure these effective
outcomes we will set up bi-weekly (every 2 weeks) updates with the City. These updates
can be in the form of a brief meeting or a summary status email which outlines the work
completed to date, the current tasks being performed, and any future tasks. These
communications allow us to keep the City informed of any hurdles in completing the
project, as well as allow staff to provide input on any key findings from the fee study and
cost allocation analysis.
Task-Specific Estimated City Support
The table below shows the estimated level of City support needed for tasks described in
Section H: Work Plan.
Tasks Estimated City Support
Project Wide Tasks
Data Collection 4-8 hours for staff to collect and distribute information
Study Objectives/Project Schedule 1 hour for all involved City departments
Excel-Based Models/Training 1-2 hours of virtual training
Cost Allocation Plan Tasks
Interview Staff/Gather Metrics 1 hour per City support department
Review Draft Metrics 1 hour per City support department
Draft Report 1 hour for Finance department
Prepare Final Report None
User Fee Study Tasks
Current&Potential Fees 1 hour for all involved City departments
Data Workshops 1-4 hours for all involved City departments
Fully Burdened Hourly Rates 1 hour for Finance department
Total Cost Analysis 1-3 hours for all involved City departments
Comparative Survey None
Review/Revise Results 1-2 hours per department
Draft Fee Study Report 1-2 hours per department to review report
Prepare Final Report None
Update Master Fee Schedule None
Presentation 1-2 hours for presentation review
This approach ensures that our joint efforts consistently yield effective results and
outcomes that will benefit the City.
Matrix Consulting Group 33
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange,CA
M Certificate of Non-Collusion
A signed Certificate of Non-Collusion is included on the following page.
Matrix Consulting Group 34
Docusign Envelope ID:4342A889-137AE-4782-9FC8-B79412932CC2
SECTION VII: ATTACHMENTS
ATTACHMENT A:
CERTIFICATE OF NON-COLLUSION
Note: This form must be completed and signed by an authorized representative of each bidder.]
Be it known that Richard Brady name),
being first duly sworn, deposes and testifies that he/she is the President
relationship with bidding firm), of Matrix Consulting Group, Ltd. legal name of
bidding firm), making the foregoing bid:
1. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation.
2. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid.
3. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding.
4. 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 any overhead, profit, or cost element of the bid price, or of that of any other
bidder.
5. All statements contained in the bid are true.
6. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, to any
corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not
pay, any person or entity for such purpose.
7. Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any other
entity, hereby represents that he or she has full power to execute, and does execute, this
declaration on behalf of the bidder.
8. I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration is executed on July 17, 2024 date],
at San Mateo city], California state].
That all the abovestatements are true to the best of my knowledge.
2/..../tai Ge tha
i
Signed
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Proposal to Develop a Cost Allocation Plan and User Fee Study Orange, CA
Appendices
We have reviewed the City's Sample of Standard Professional Services Agreement
Attachment B) in its entirety. We are willing and able to comply with all terms and
conditions except the insurance requirement regarding coverage for owned automobiles.
Our firm does not own automobiles, as such we cannot provide coverage for this. Our
insurance otherwise complies with contract requirements, and we would request an
exception on this minor issue.
This proposed exception will not impact cost, scheduling or other areas of our proposal.
In the following pages are provided the first two-pages from the two issued addenda for
this project.
Matrix Consulting Group 36
Docusign Envelope ID:4342A889-87AE-4782-9FC8-B79412932CC2
OFOi
O e
71.
vCbUIVTYCP
Finance Department - Purchasing Division
Addendum No. 1
Date: July 18, 2024
To:All Bidders
Subject: RFP 24-25.01 — Cost Allocation Plan and User Fee Study
A. The following are answers to questions submitted for the project referenced above.
1. Question: "Is this a specific document that you can provide or are we to include our
own cost spreadsheet under that name?"
Answer:Please provide your own sheet.
2. Question: "Item F.1.b on page 11 of the RFP states that we must list exceptions in a
separate attachment. Can we add the attachment as an appendix to our main proposal,
or would you like it as a completely separate document?
Answer:Yes, please append the clearly labeled list of exceptions to the main
proposal.
3. Question: "If a separate document,would you like the same number of copies (4; 3 bound,
1 unbound) as the main proposal?"
Answer:Yes.
4. Question: "Can you make available the comprehensive user fee study performed in
2018?"
Answer:Attachment A —A comprehensive user fee study report was not adopted
by the City Council. However, attached is the 2018 Draft Report on the Citywide Cost of
Services (User Fee) Study presented to the City Council.
B. This is to notify of the clarification to the deadline and submission instructions.
1. The original RFP 24-25.01 stated the proposal due date of July 22, 2024, by 5:00 pm P.T.
the new deadline is July 25, 2024, by 5:00 pm P.T..
2. We will be accepting both bound and digital copies of the proposals, giving you the option
to submit in either format.
Page 1 of 3
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
Careful note of the Addendum by all parties of interest is necessary in order that the proper
allowances are made in strict accordance with the Addendum, relevant to other official
communications if any, and the related specifications. All trades associated shall be fully advised
by their Contractor in the performance of all related work, which will be required for the successful
implementation of these changes.
Please note all previously posted questions and answers have been included in this addendum.
Bidder shall signify the receipt of this addendum with a signature on page 2 of this Addendum
No. 1. Please contact Wanda Alvarez for any questions regarding this addendum at
walvarez(a cityoforange.orq or call (714) 744-2266.
Wanda Alvarez
Purchasing Officer
Richard Brady, President , authorized representative for company Matrix Consulting Group,Ltd. , hereby
acknowledge the receipt of RFP 24-25.01— Cost Allocation Plan and User Fee Study-
Addendum No. 1 documents from your agency, City of Orange, dated July 18, 2024.
Matrix Consulting Group, Ltd.
Company Name
July 22, 2024
Signature of Authori d Company Representative Date
650-858-0507
Phone number
rbrady@matrixcg.net
Email address
We appreciate your cooperation and promptness regarding the documentation procedure.
Page 2 of 3
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
pF 0&{
G~: .
A
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Finance Department - Purchasing Division
Addendum No. 2
Date: July 22, 2024
To:All Bidders
Subject: RFP 24-25.01 — Cost Allocation Plan and User Fee Study
This is to notify you of clarification to Addendum No. 1 for Proposal packet submittal.
Addendum No. 1 states, "We will be accepting both bound and digital copies of the proposals,
giving you the option to submit in either format."
Digital copies of the Proposal packet shall be submitted by email to Wanda Alvarez, Purchasing
Officer at walvarezcitvoforange.orq.
Careful note of the Addendum by all parties of interest is necessary in order that the proper
allowances are made in strict accordance with the Addendum, relevant to other official
communications if any, and the related specifications. All trades associated shall be fully advised
by their Contractor in the performance of all related work, which will be required for the successful
implementation of these changes.
Please note all previously posted questions and answers have been included in this addendum.
Bidder shall signify the receipt of this addendum with a signature on page 2 of this Addendum
No. 2. Please contact Wanda Alvarez for any questions regarding this addendum at
walvarez(a cityoforange.orq or call (714) 744-2266.
Wanda Alvarez
Purchasing Officer
Page 1 of 2
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
I, Richard Brady, authorized representative for company Matrix Consulting Group, hereby
acknowledge the receipt of RFP 24-25.01— Cost Allocation Plan and User Fee Study-
Addendum No. 2 documents from your agency, City of Orange, dated July 22, 2024.
Matrix Consulting Group
Company Name
e/. ./4244Z 924 7-22-24
Signature of Authored Company Representative Date
650-858-0507
Phone number
rbrady@matrixcg.net
Email address
We appreciate your cooperation and promptness regarding the documentation procedure.
Page 2 of 2
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2 MATRICON2
ACORDT, CERTIFICATE OF LIABILITY INSURANCE
DATD/YYYY)
7/26/206/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTNAME: Christine Christine Torrance
USI Insurance Services, LLC r2i/2 Ne ):602 666-4830 FAXAic,No 610 537-2283
2375 E. Camelback Road, Suite 250 E MAIIE88: christine.torrance@usi.com
Phoenix, AZ 85016
INSURER(S)AFFORDING COVERAGE NAIC C
877 468-6516
INSURER A:Sentinel insurance Company Ltd. 11000
INSURED INSURER B:Hartford-WC Multiple Issuing Cos 00914
Matrix Consulting Group, Ltd.
INSURER C:Swiss Re Corp Solutions America Ins Co 29874
1650 S. Amphlett Blvd.,Ste 213
INSURER D:Twin City Fire Insurance Company 29459
San Mateo,CA 94402-1234
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE
ADDL SUER POLICY EFF POLICY EXP LIMITS
LTR INSR VIVO POLICY NUMBER MDOIYYYY) (MMIDDIYYYY)
A X COMMERCIAL GENERAL LIABILITY X X 59SBAR00849 08/08/2024 08/08/2025 EACH OCCURRENCE 2,000,000
CLAIMS-MADE X OCCUR PREMISES(EaEoNorT.uEr ence) $1,000,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY S2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
PRO-
POLICY X JECT LOC PRODUCTS-COMP/OP AGG S4,000,000
OTHER: S
A AUTOMOBILE LIABILITY X X 59SBAR00849 08/08/2024 08/08/2025 (Ea arB.cllNdeD SINGLE LIMIT $2,000,000
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY(Per accident) $
X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY Per accident)
S
A X UMBRELLA LIAR X OCCUR 59SBAR00849 08/08/2024 08/08/2025 EACH OCCURRENCE 3,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 3,000,000
DED X RETENTION$10,000
B WORKERS COMPENSATION X 59WECAB6SO4 08/08/2024 08/08/2025 X STATUTE
OTH-
ERANDEMPLOYERS'LIABILITY
ANY
OFFICER/MEMBER
PROPRIETOR/PARTNER/EXECUTIVEECUTIVE
Y/YN N/A
E.L.EACH ACCIDENT 1,000,000
Mandatory In NH)E.L.DI RARE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000
C Cyber Liability C4LTK141409CYBER20 10/04/2023 10/04/2024 $2,000,000/$5,000 ret
D Professional Liab 59PG029737224 08/08/2024 08/08/2025 $2,000,000/$3,000,000
10,000 ded/ea claim
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required)
General Liability, including completed operations,and Hired& Non-Owned Auto Liability include an
automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,
only when there is a written contract or written agreement between the named insured and the certificate
holder and with regard to work performed by or on behalf of the named insured.General Liability, Hired &
Non-Owned Auto Liability and Workers Compensation provide a blanket Waiver of Subrogation in favor of the
See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of O
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y Orangeg THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
300 E. Chapman Avenue ACCORDANCE WITH THE POLICY PROVISIONS.
Orange, CA 92866-1591
AUTHORIZED REPRESENTATIVE
T588-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
S45680452/M45667941 VAPZP
IDocusign Envelope IU:4342A889-B7AE-4782-9FC8-B79412932CC2
DESCRIPTIONS (Continued from Page 1)
same, when required by written contract.General Liability and Hired &Non-Owned Auto Liability contain a
special endorsement with "Primary and Non-Contributory"wording,when required by written contract.
Umbrella follows form to Business (General) Liability, Hired & Non-Owned Auto Liability and Workers
Compensation.This form is subject to any/all respective policy provisions.
Additional Insured: City, its officers, officials, agents, and employees
SAGITTA 25.3(2016/03) 2 of 2
S45680452/M45667941
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2 IVIQui IA IsUI MUM. vI U UIl, LLU
BUSINESS LIABILITY COVERAGE FORM Policy Number: 59SBAR00849
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees
We will not pay expenses for"bodily injury": are also insureds, but only with respect to
their duties as trustees.
a. Any Insured
To any insured,except"volunteer workers".
2. Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your "volunteer workers" only while
of any insured or a tenant of any insured. performing duties related to the conduct of
your business, or your "employees", other
c. Injury On Normally Occupied Premises
than either your "executive officers" (if you
To a person injured on that part of are an organization other than a
premises you own or rent that the person partnership, joint venture or limited liability
normally occupies.company) or your managers (if you are a
d. Workers' Compensation And Similar limited liability company), but only for acts
Laws within the scope of their employment by
To a person, whether or not an
you or while performing duties related to
employee" of any insured, if benefits for the conduct of your business.
the "bodily injury" are payable or must be However, none of these "employees" or
provided under a workers' compensation volunteer workers" are insureds for:
or disability benefits law or a similar law. 1) "Bodily injury" or "personal and
e. Athletics Activities advertising injury":
To a person injured while practicing, a) To you, to your partners or
instructing or participating in any physical members (if you are a partnership
exercises or games, sports or athletic or joint venture), to your members
contests. if you are a limited liability
f. Products-Completed Operations Hazard company), or to a co-"employee"
while in the course of his or her
Included with the "products-completed employment or performing duties
operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other
Excluded under Business Liability Coverage.
volunteer workers" while
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: b) To the spouse, child, parent,
a. An individual, you and your spouse are brother or sister of that co-
insureds, but only with respect to the employee" or that "volunteer
conduct of a business of which you are the worker" as a consequence of
sole owner. Paragraph (1)(a)above;
b. A partnership or joint venture, you are an c) For which there is any obligation
insured. Your members, your partners, and to share damages with or repay
their spouses are also insureds, but only with someone else who must pay
respect to the conduct of your business. damages because of the injury
c. A limited liability company, you are an
described in Paragraphs (1)(a) or
insured. Your members are also insureds,
b) above; or
but only with respect to the conduct of your d) Arising out of his or her providing
business. Your managers are insureds, but or failing to provide professional
only with respect to their duties as your health care services.
managers.If you are not in the business of
d. An organization other than a partnership, providing professional health care
joint venture or limited liability company, you services, Paragraph (d) does not apply
are an insured. Your"executive officers"and to any nurse, emergency medical
directors are insureds, but only with respect technician or paramedic employed by
to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only 2) "Property damage"to property:
with respect to their liability as stockholders.
a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any 1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred; or
employees", "volunteer workers",
any partner or member (if you are
2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your"employee" or With respect to "mobile equipment" registered in
volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment, and
die, but only: only if no other insurance of any kind is available
1) With respect to liability arising out of the to that person or organization for this liability.
maintenance or use of that property;and However, no person or organization is an insured
2) Until your legal representative has with respect to:
been appointed, a. "Bodily injury" to a co-"employee" of the
d. Legal Representative If You Die person driving the equipment; or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part. your permission. Any other person or
The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown in the Declarations
such person is also an insured, but only with
respect to liability arising out of the operation
as a named insured does not apply to
injury or damage with respect to which an
of the watercraft, and only if no other
insured under this insurance is also an
insurance of any kind is available to that
person or organization for this liability.
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
Docusign Envelope ID:4342A889-B7AE-4782-9FG8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages. the vendor; or
a. Vendors h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to negligence of the vendor for its
below as vendor), but only with respect to own acts or omissions or those of
bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or I) The exceptions contained in
property damage" included within the Subparagraphs(d) or(f); or
products-completed operations hazard". ii) Such inspections, adjustments,
1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to:connection with the distribution
a) "Bodily injury" or "property or sale of the products.
damage" for which the vendor is 2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
b) Any express warranty
1) Any person or organization from
unauthorized by you;whom you lease equipment; but only
with respect to their liability for "bodily
c) Any physical or chemical change
injury", "property damage" or
in the product made intentionally personal and advertising injury"
by the vendor;caused, in whole or in part, by your
d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any 1) Any state or political subdivision, but
occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
1) Any person or organization from has issued a permit.
whom you lease land or premises, but 2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality; or
a) Any "occurrence" which takes b) "Bodily injury" or "property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises; or f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e. above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on b) In connection with your premises
your behalf: owned by or rented to you; or
a) In connection with your premises; c) In connection with "your work" and
or included within the "products-
b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. i) The written contract or written
2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to ii) This Coverage Part provides
bodily injury", "property damage" or coverage for "bodily injury" or
personal and advertising injury" property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including:2) With respect to the insurance afforded
a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, Bodily injury", "property damage" or
reports, surveys, field orders, personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E. — Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most
The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; property damage" to any one premises, while
b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits
the owner.
The most we will pay for:In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
property damage" included in the caused by the same event, whether such
products-completed operations hazard" is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the
Declarations.
6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal
organization who is an additional insured
and advertising injury", including medical
under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations"
subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
Location" means premises involving the
Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-1379412932CC2
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this 1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or "suit, the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit";
single highest limit of liability of all coverages 2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses
3) Cooperate with us in the investigation,
limit set forth in Paragraph 3.above.
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and
separately to each consecutive annual period and to 4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured's own
GENERAL CONDITIONS
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense, Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense
must submit such claim or "suit" to the
other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
1) How, when and where the "occurrence" insured's own insurance.
or offense took place; f. Knowledge Of An Occurrence, Offense,
2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and Paragraphs a. and b. apply to you or to
3) The nature and location of any injury any additional insured only when such
or damage arising out of the occurrence", offense, claim or "suit" is
occurrence"or offense. known to:
b. Notice Of Claim 1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional 2) Any partner, if you or an additional
insured must: insured is a partnership;
1) Immediately record the specifics of the 3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and
4) Any "executive officer" or insurance
2) Notify us as soon as practicable. manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the 5) Any trustee, if you or an additional
claim or"suit" as soon as practicable. insured is a trust; or
c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must:subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
Docusign Envelope ID:4342A889-B7AE-4782-9FCB-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to 3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law.If other valid and collectible insurance is
b. With respect to "mobile equipment" to available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under
insurance by the method described in c.
this Coverage Form:
below.
a. To join us as a party or otherwise bring us
b. Excess Insurance
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied 1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work";
against an insured; but we will not be liable for 2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the
That is fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you
settlement means a settlement and release of or temporarily occupied by you with
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. 3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned property damage" to premises rented
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies: with permission of the owner;
a. As if each Named Insured were the only
4) Aircraft,Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
b. Separately to each insured against whom
or use of aircraft, "autos" or watercraft to
a claim is made or"suit" is brought.the extent not subject to Exclusion g. of
Section A.—Coverages.
6. Representations
5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree:If the loss arises out of "property
1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
2) Those statements are based upon
subject to Exclusion k. of Section A. —
representations you made to us; and Coverages.
Page 16 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932GC2
BUSINESS LIABILITY COVERAGE FORM
6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages 1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance; and
operations, for which you have been 2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance.
7) When You Add Others As An We will share the remaining loss, if any, with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions
Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you
insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method,each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance.enforce them. This condition does not
Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will
recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any"suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers.agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
Docusign Envelope ID:4342A889-B7AE-4782-9FG8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations,
amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these
Declarations as an Additional Insured -
Optional Additional Insured Coverages apply,
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional insured in part, by your maintenance, operation or
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s)or organization(s).
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any "occurrence" which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations; or Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s)or organization(s)shown in the with respect to liability arising out of the
Declarations as an Additional Insured - ownership, maintenance or use of that part
Designated Person Or Organization; but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to
these additional insureds, the followingDeclarations.
additional exclusions apply:
b. With respect to the insurance afforded to
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: 1) Any "occurrence" that takes place
This insurance does not apply to: after you cease to lease that land; or
1) Any "occurrence" which takes place
2) Structural alterations, new
after you cease to be a tenant in that
construction or demolition operations
premises; or performed by or on behalf of such
person or organization.
2) Structural alterations, new
construction or demolition operations
6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision —Permits
person or organization.a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-67AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit. make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply: f) Demonstration, installation,
This insurance does not apply to:servicing or repair operations,
except such operations performed
1) "Bodily injury", "property damage" or at the vendor's premises in
personal and advertising injury" connection with the sale of the
arising out of operations performed for
product;
the state or municipality; or
g) Products which, after distribution
2) "Bodily injury" or "property damage" or sale by you, have been labeled
included in the "product-completed
or relabeled or used as a
operations" hazard. container, part or ingredient of any
7. Additional Insured—Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C. is the vendor; or
amended to include as an additional h) "Bodily injury" or "property
insured the person(s) or organization(s) damage" arising out of the sole
referred to below as vendor) shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or "property damage" arising out of acting on its behalf. However, this
your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's i) The exceptions contained in
business and only if this Coverage Part Subparagraphs (d)or(f); or
provides coverage for "bodily injury" or
ii) Such inspections,
property damage" included within the
products-completed operations hazard". adjustments, tests or servicing
as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions: to make in the usual course of
1) This insurance does not apply to:business, in connection with
a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor is products.
obligated to pay damages by 2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement. whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement; products.
b) Any express warranty 8. Additional Insured —Controlling Interest
unauthorized by you; WHO IS AN INSURED under Section C. is
c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor; Declarations as an Additional Insured —
d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or
substitution of parts under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and demolition insureds are described in Section D. — Limits Of
operations performed by or for that person or Insurance.
organization. How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your 2) Television;
behalf:
3) Billboard;
1) In the performance of your ongoing 4) Magazine;
operations for the additional
insured(s); or
5) Newspaper;
2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products- services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services; or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily injury" or widespread public distribution.
property damage" included within the However, "advertisement" does not include:
products-completed operations
hazard".
a. The design, printed material, information
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or
these additional insureds, this insurance products; or
does not apply to "bodily injury", "property
damage" or "personal an advertising
b. An interactive conversation between or
injury" arising out of the rendering of, or among persons through a computer network.
the failure to render, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying advertisement".
services, including: 3. "Asbestos hazard" means an exposure or
1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form.
field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications; or semi-trailer designed for travel on public
2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities. equipment. But "auto" does not include
10. Additional Insured — Co-Owner Of Insured mobile equipment".
Premises 5. "Bodily injury" means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or
the person(s) or Organization(s) shown in the
c. Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time.
premises shown in the Declarations. 6. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its b. You have failed to fulfill the terms of a
territories and possessions), Puerto Rico contract or agreement;
and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work";
of travel or transportation between any or
places included in a. above;b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement.
damage arises out of:
12. "Insured contract" means:
1) Goods or products made or sold by you
in the territory described in a.above;
a. A contract for a lease of premises.
However, that portion of the contract for a
2) The activities of a person whose home lease of premises that indemnifies any
is in the territory described in a. person or organization for damage by fire,
above, but is away for a short time on lightning or explosion to premises while
your business; or rented to you or temporarily occupied by
3) "Personal and advertising injury" you with permission of the owner is
offenses that take place through the subject to the Damage To Premises
Internet or similar electronic means of Rented To You limit described in Section
communication D. — Liability and Medical Expenses Limits
provided the insured's responsibility to pay
of Insurance.
damages is determined in the United States of b. A sidetrack agreement;
America (including its territories and c. Any easement or license agreement,
possessions), Puerto Rico or Canada, in a including an easement or license
suit" on the merits according to the agreement in connection with construction
substantive law in such territory, or in a or demolition operations on or within 50
settlement we agree to. feet of a railroad;
7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance,
programs:to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality;
b. Created or used on; or e. An elevator maintenance agreement; or
c. Transmitted to or from f. That part of any other contract or
computer software, including systems and agreement pertaining to your business
applications software, hard or floppy disks, including an indemnification of a
CD-ROMS, tapes, drives, cells, data municipality in connection with work
processing devices or any other media which performed for a municipality) under which
are used with electronically controlled you assume the tort liability of another
equipment. party to pay for"bodily injury" or "property
8. "Employee" includes a "leased worker". damage" to a third person or organization,
Employee" does not include a "temporary provided the "bodily injury" or "property
worker". damage" is caused, in whole or in part, by
you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution, by-laws or any other contract or agreement.
similar governing document.
Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury" or "property
intended to be. damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any
other than "your product" or "your work", that railroad property and affecting any railroad
cannot be used or is less useful because:bridge or trestle, tracks, road-beds, tunnel,
a. It incorporates "your product" or "your work" underpass or crossing.
that is known or thought to be defective, However, Paragraph f. does not include
deficient, inadequate or dangerous;or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
1) That indemnifies an architect,1) Power cranes, shovels, loaders,
engineer or surveyor for injury or diggers or drills; or
damage arising out of: 2) Road construction or resurfacing
a) Preparing, approving or failing to equipment such as graders, scrapers
prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. Vehicles not described in a., b., c., or d.
surveys, field orders, change above that are not self-propelled and are
orders, designs or drawings and maintained primarily to provide mobility to
specifications; or permanently attached equipment of the
b) Giving directions or instructions, following types:
or failing to give them, if that is the 1) Air compressors, pumps and
primary cause of the injury or generators, including spraying,
damage; or welding,building cleaning,
2) Under which the insured, if an geophysical exploration, lighting and
architect, engineer or surveyor, well servicing equipment; or
assumes liability for an injury or 2) Cherry pickers and similar devices
damage arising out of the insured's used to raise or lower workers;
rendering or failure to render
professional services, including those
f. Vehicles not described in a., b., c., or d.
listed in (1) above and supervisory, above maintained primarily for purposes
inspection,architectural or other than the transportation of persons or
engineering activities.
cargo.
13. "Leased worker" means a person leased to However, self-propelled vehicles with the
you by a labor leasing firm under an following types of permanently attached
agreement between you and the labor leasing
equipment are not "mobile equipment" but
firm, to perform duties related to the conduct of will be considered "autos":
your business. "Leased worker" does not 1) Equipment, of at least 1,000 pounds
include a "temporary worker". gross vehicle weight, designed
14. "Loading or unloading" means the handling of primarily for:
property: a) Snow removal;
a. After it is moved from the place where it is b) Road maintenance, but not
accepted for movement into or onto an construction or resurfacing; or
aircraft, watercraft or"auto"; c) Street cleaning;
b. While it is in or on an aircraft, watercraft or 2) Cherry pickers and similar devices
auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower
watercraft or "auto" to the place where it is workers; and
finally delivered; 3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying,
movement of property by means of a mechanical welding,building cleaning,
device, other than a hand truck, that is not geophysical exploration, lighting and
attached to the aircraft,watercraft or"auto". well servicing equipment.
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including
types of land vehicles, including any attached continuous or repeated exposure to substantially
machinery or equipment:the same general harmful conditions.
a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury,
other vehicles designed for use principally including consequential "bodily injury", arising
off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment;
next to premises you own or rent;b. Malicious prosecution;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Page 22 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance,
into, or invasion of the right of private correction, repair or replacement, but
occupancy of a room, dwelling or which is otherwise complete, will be
premises that the person occupies, treated as completed.
committed by or on behalf of its owner, The "bodily injury" or "property damage"
landlord or lessor; must occur away from premises you own
d. Oral, written or electronic publication of or rent, unless your business includes the
material that slanders or libels a person or selling, handling or distribution of "your
organization or disparages a person's or product" for consumption on premises you
organization's goods, products or services; own or rent.
e. Oral, written or electronic publication of b. Does not include "bodily injury" or
material that violates a person's right of property damage"arising out of:
privacy; 1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a
person's or organization's "advertising condition in or on a vehicle not owned
idea" or style of"advertisement"; or operated by you, and that condition
g. Infringement of copyright, slogan, or title of was created by the "loading or
any literary or artistic work, in your unloading" of that vehicle by any
advertisement"; or insured; or
h. Discrimination or humiliation that results in 2) The existence of tools, uninstalled
injury to the feelings or reputation of a equipment or abandoned or unused
natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property,
vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that
waste. Waste includes materials to be recycled, property. All such loss of use shall be
reconditioned or reclaimed. deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it; or
a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not
damage" occurring away from premises physically injured. All such loss of use
you own or rent and arising out of "your shall be deemed to occur at the time of
product" or"your work" except:occurrence"that caused it.
1) Products that are still in your physical As used in this definition, "electronic data" is
possession; or not tangible property.
2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which
or abandoned. However, "your work" damages because of "bodily injury", "property
will be deemed to be completed at the damage" or "personal and advertising injury"
earliest of the following times:to which this insurance applies are alleged.
a) When all of the work called for in
Suit" includes:
your contract has been completed. a. An arbitration proceeding in which such
b) When all of the work to be done at
damages are claimed and to which the
the job site has been completed if
insured must submit or does submit with
your contract calls for work at
our consent; or
more than one job site. b. Any other alternative dispute resolution
c) When that part of the work done at proceeding in which such damages are
a job site has been put to its
claimed and to which the insured submits
intended use by any person or
with our consent.
organization other than another 22. "Temporary worker" means a person who is
contractor or subcontractor furnished to you to substitute for a permanent
working on the same project. employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your"employee";
Form SS 00 08 04 05 Page 23 of 24
Docuslgn Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work; 2) The providing of or failure to provide
c. Acts at the direction of and within the warnings or instructions.
scope of duties determined by you; and c. Does not include vending machines or
d. Is not paid a fee, salary or other other property rented to or located for the
compensation by you or anyone else for use of others but not sold.
their work performed for you. 25. "Your work":
24. "Your product": a. Means:
a. Means: 1) Work or operations performed by you
1) Any goods or products, other than real or on your behalf; and
property, manufactured, sold, handled,2) Materials, parts or equipment
distributed or disposed of by: furnished in connection with such work
a) You; or operations.
b) Others trading under your name; b. Includes:
or 1) Warranties or representations made at
c) A person or organization whose any time with respect to the fitness,
business or assets you have quality, durability, performance or use
acquired; and of"your work"; and
2) Containers (other than vehicles),2) The providing of or failure to provide
materials, parts or equipment warnings or instructions.
furnished in connection with such
goods or products.
b. Includes:
1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of"your product"; and
Page 24 of 24 Form SS 00 08 04 05
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
POLICY NUMBER: 59SBAR00849
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - AGGREGATE LIMITS (PER PROJECT)
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned,
LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if
1. The General Aggregate Limit under Section D.the authorized contracting parties deviate from
LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or
OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to
your"projects". be the same "project".
2. The limits shown in the Declarations for Liability 5. The provisions of Section D. LIABILITY AND
and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE
Rented To You and Medical Expenses continue not otherwise modified by this endorsement
to apply. shall continue to apply as stipulated.
3. When coverage for liability arising out of the B. Additional Definitions
products-completed operations hazard" is The following definition is added to Section G.
provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES
of "bodily injury" or "property damage" included DEFINITIONS:
in the "products-completed operations hazard" 1. "Project" means "your work" at location(s) away
will reduce the Products-Completed Operations from premises owned or rented to you.
Aggregate Limit, and not reduce the General
Aggregate Limit.
Form SS 04 33 04 05 Page 1 of 1
2005, The Hartford
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 59 WEC AB6SO4 Endorsement Number:
Effective Date: 08/08/24 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: MATRIX CONSULTING GROUP LTD
1650 S AMPHLETT BLVD STE 213
SAN MATEO CA 94402
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 06/29/24 Policy Expiration Date: 08/08/25
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
POLICY INSURER LIST BY JURISDICTION
INSURER NAIC JURISDICTION
Sentinel Insurance Company Ltd. 11000 AZ IA
ONE HARTFORD PLAZA
HARTFORD CT 06155
Hartford Accident and Indemnity Company 22357 VA MT NY
ONE HARTFORD PLAZA
HARTFORD CT 06155
Trumbull Insurance Company 27120 PA
ONE HARTFORD PLAZA
HARTFORD CT 06155
Hartford Casualty Insurance Company 29424 CA
ONE HARTFORD PLAZA
HARTFORD CT 06155
Twin City Fire Insurance Company 29459 MA CO IL KY AK FL UT OR
ONE HARTFORD PLAZA
HARTFORD CT 06155
Hartford Underwriters Insurance Company 30104 NV MO NE NJ HI TX NC
ONE HARTFORD PLAZA
HARTFORD CT 06155
Nutmeg Insurance Company 39608 IN
ONE HARTFORD PLAZA
HARTFORD CT 06155
THE COVERAGE PROVIDED IN EACH JURISDICTION IS WITH RESPECT TO THE LOCATIONS OF THE NAMED
INSURED IN THAT JURISDICTION IN ACCORDANCE WITH THE WORKERS' COMPENSATION LAW OF THAT
JURISDICTION. AS USED IN THIS POLICY, "COMPANY", "WE", "US"AND "OURS" MEAN THE MEMBER INSURANCE
COMPANIES OF THE HARTFORD INSURANCE GROUP COLLECTIVELY PROVIDING THIS INSURANCE.
Nothing herein, contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or
information of the policy, other than as herein stated.
Form WC 66 04 40 Printed in U.S.A.
Process Date: 06/29/24 Policy Expiration Date: 08/08/25
Docusign Envelope ID:4342A889-B7AE-4782-9FC8-B79412932CC2
v,
G°FVOR° Agenda ItemCOPq ^
P City Council
Item #: 3.3. 9/24/2024 File #: 24-0513
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director
1 . SUBJECT
Agreement with Matrix Consulting Group, LTD for the preparation of a citywide Cost Allocation Plan
and User Fee Study.
2. SUMMARY
At the June 25, 2024, City Council meeting, staff was directed to prepare and issue a Request for
Proposal to develop a Cost Allocation Plan and User Fee Study. The City received two responses.
Matrix Consulting Group, LTD was the top ranked consultant based on the evaluation of the
proposals.
3. RECOMMENDED ACTION
Approve the agreement with Matrix Consulting Group, LTD in the amount of $58,500 for the
preparation of a citywide Cost Allocation Plan and User Fee Study; and authorize the Mayor and City
Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this amendment is $58,500 and will be funded through the General Fund (100).
100.1231.51670.00000 Other Professional & Consulting Services
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.
d: Effectively manage and develop City assets.
6. DISCUSSION AND BACKGROUND
At the June 24, 2024, City Council meeting, staff was directed to prepare and issue a Request for
Proposal (RFP) to develop a Cost Allocation Plan and User Fee Study. The purpose of a cost
allocation plan is to identify and distribute central service and other administrative support costs to
the users of those services. These kinds of costs include finance, facility maintenance, personnel,
and certain departmental administrative functions. Cost allocation plans help a city determine the full
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costs by identifying the indirect/overhead allocations to be added to a program's direct costs. Once
developed, the full program costs can help set internal city charges and be used as a basis to
establish user fees, permits and applications, billing rates, hourly rates, and costs of special services.
Furthermore, a cost allocation plan can be used to charge indirect overhead to federal and state
grants and charge external agencies and funds their fair share of support costs.
A user fee study determines the full cost of services offered by a government agency for which user
fees are currently charged or could be charged. According to State law, city fees for services cannot
exceed the cost of providing the service. The purpose of this updated study is to identify the full cost
of providing these services, therefore identifying any subsidy of General Fund tax dollars for said
services. This study will examine and determine if the actual costs associated with city services are
achieving full cost recovery. The last comprehensive citywide user fee study was completed in 2018.
It is recommended by industry professionals in the cost recovery sector that local governments
update their cost-based fee studies every three to five years.
Staff contacted and solicited proposals from reputable firms. All firms were presented with the scope
of work, project schedule, plans and product specifications. The proposals were received as follows:
1. Matrix Consulting Group, LTD Irvine $58,500
2. Baker Tilly US, LLP, Irvine 74,600
Proposals received were evaluated based on background and experience in organizational analysis
evaluation, staff expertise and overall experience of personnel assigned to the work, time required to
accomplish the requested services, public sector experience in municipal setting conducting similar
studies, references, and overall cost. Matrix Consulting Group, LTD was ranked as the top
consultant. Therefore, staff recommends Matrix Consulting Group, LTD be awarded the agreement in
the amount of$58,500.
The scope of service includes examining the total costs associated with providing city services and
providing recommendations for changes in fees that will achieve full cost recovery. Matrix's costing
model is built based on the City's operations, budget details and intended use for the results. The
method used is a customized approach specific to the City.
Upon conclusion of the fee study, Matrix will produce and present a detailed report summarizing the
results that will include:
A concise executive summary discussing the study, methodology, results and narrative
describing the services included in the study.
A section on proposed modifications to the current fee schedule, including removal or
addition of new fees for service.
A section on per unit and annual results for each fee in the analysis, as well as where
workload data is available.
A comparative survey section outlining key fees, their comparison to other local
jurisdictions, and contextual information regarding budget and staffing.
A methodology for annual updates including CPI adjustments and a calculation to
determine cost recovery for any new fees.
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7. ATTACHMENTS
Professional Services Agreement with Matrix Consulting Group, Ltd.
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DocuSign
Certificate Of Completion
Envelope Id:4342A889B7AE47829FC8B79412932CC2 Status:Completed
Subject:Matrix Consulting Group,LTD(AGR-7749)Cost Allocation Plan and User Fee Study; RFP No.24-25.01
Source Envelope:
Document Pages:76 Signatures:3 Envelope Originator:
Certificate Pages:5 Initials:3 Sally Trejo
AutoNav:Enabled 300 E Chapman Ave
Envelopeld Stamping:Enabled Orange,CA 92866
Time Zone:(UTC-08:00)Pacific Time(US&Canada) strejo@cityoforange.org
IP Address:67.52.190.252
Record Tracking
Status: Original Holder:Sally Trejo Location:DocuSign
9/25/2024 11:04:28 AM strejo@cityoforange.org
Signer Events Signature Timestamp
Mike Vigliotta signed by: Sent:9/25/2024 11:14:01 AM
mvigliotta@cityoforange.org Vil(,tdi{'a Viewed:9/26/2024 8:01:30 AM
Security Level:Email,Account Authentication
060B01F36 78 E496
Signed:9/26/2024 8:01:35 AM
None)
Signature Adoption: Pre-selected Style
Using IP Address:67.52.190.252
Electronic Record and Signature Disclosure:
Accepted:7/19/2023 8:49:30 AM
ID:39cb2a2b-f319-4abb-a401-c125e37c81ad
Daniel R.Slater Doc.Sbanedby:Sent:9/26/2024 8:01:38 AM
dan@danslater.com K. Sit&Viewed:9/26/2024 4:43:15 PM
Security Level:Email,Account Authentication
02 13 88 13 77 7A20 41
Signed:9/26/2024 4:43:22 PM
None)
Signature Adoption: Pre-selected Style
Using IP Address:99.53.92.156
Electronic Record and Signature Disclosure:
Accepted:9/26/2024 4:43:15 PM
ID:73d578b0-31aa-499c-ae85-39b372a005a9
Pamela Coleman r—Duc.SWMdby:Sent:9/26/2024 4:43:24 PM
pcoleman@cityoforange.org Viewed:9/30/2024 9:46:55 AM
City Clerk
DB2BEDCBSBEF43A...
Signed:9/30/2024 9:48:13 AM
City of Orange
Security Level:Email,Account Authentication
Signature Adoption:Uploaded Signature Image
None) Using IP Address:207.212.33.91
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Richard Brady DS Sent:9/30/2024 9:48:16 AM
rbrady@matrixcg.net Viewed:9/30/2024 11:19:51 AM
Son Signed:9/30/2024 11:22:34 AM
Matrix Consulting Group
Security Level:Email,Account Authentication
Signature Adoption:Pre-selected Style
None) Using IP Address:73.92.252.217
Electronic Record and Signature Disclosure:
Accepted:9/30/2024 11:19:51 AM
ID:cc608e20-dd39-4bd4-9099-2b6bbd5caa5c
Signer Events Signature Timestamp
Courtney Ramos Sent:9/30/2024 11:22:38 AM
cramos@matrixcg.net L(Viewed:9/30/2024 11:24:08 AM
Vice President,Secretary Signed:9/30/2024 11:24:19 AM
Matrix Consulting Group
Signature Adoption: Pre-selected Style
Security Level:Email,Account Authentication
None) Using IP Address:73.92.252.217
Electronic Record and Signature Disclosure:
Accepted:9/30/2024 11:24:08 AM
ID:cd139705-043c-46a7-b47a-20899fefb18a
Sally Trejo DS Sent:9/30/2024 11:24:22 AM
strejo@cityoforange.org Viewed:9/30/2024 11:25:52 AM
Administrative Assistant Signed:9/30/2024 11:25:58 AM
City of Orange
Security Level:Email,Account Authentication
Signature Adoption: Pre-selected Style
None) Using IP Address:67.52.190.252
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Andrea Pham
COPIED
Sent:9/30/2024 11:26:01 AM
apham@cityoforange.org
Security Level:Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ryan Sullivan
COPIED
Sent:9/30/2024 11:26:02 AM
rsullivan@cityoforange.org
Security Level:Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/25/2024 11:14:01 AM
Certified Delivered Security Checked 9/30/2024 11:25:52 AM
Signing Complete Security Checked 9/30/2024 11:25:58 AM
Completed Security Checked 9/30/2024 11:26:02 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 1/27/2023 10:00:28 AM
Parties agreed to:Mike Vigliotta,Daniel R.Slater,Richard Brady,Courtney Ramos
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CITY OF ORANGE
DIGITAL SIGNATURE AGREEMENT TRANSMITTAL
AGREEMENT WITH: MATRIX CONSULTING GROUP, LTD
CONTRACT ADMINSTRATOR: RYAN SULLIVAN DEPT FINANCE EXT 2238
CITY MANAGER APPROVAL
AGENDA
I/ CITY COUNCIL APPROVAL COUNCIL MEETING DATE 9/10/24 ITEM# 3.3
V ATTACHMENTS INCLUDED
For each person who needs to sign,you must provide the following information:
VENDOR NAME TITLE EMAIL
RICHARD BRADY PRESIDENT RBRADY@MATRIXCG.ET
COURTNEY RAMOS VICE PRESIDENT CRAMOS@MATRIXCG.NET
For additional person(s) needing an electronic copy of the fully executed agreement,please provide the
following:
NAME TITLE EMAIL
ANDREA PHAM ASSISTANT FINANCE DIRECTOR APHAM@CITYOFORANGE.ORG
RYAN SULLIVAN RSULLIVAN@CITYOFORANGE.ORG
I as kk Eti reck
Q:\001 AGREEMENTS