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SR - AGR-6546 - USER FEE STUDYAGENDA ITEM Date: December 12, 2017 �CC�INTY GP ReviewedNerified City Manager TO: Honorable Mayor and Finance Direct r Members of the City Council To Be Presente : Will Kolbow THRU Rick Otto X Cons Calendar _ City Mgr Rpts City Manager Council Reports _ Legal Affairs FROM: William M. Kolbow2/i�V4/ Boards /Crates _ Public Hrgs Finance Director Admin Reports Plan/Environ 1. SUB Agreement with Matrix Consulting Group to conduct a User Fee Study. 2. SUMMARY A Request for Proposal (RFP) was released for updating the City's user fees and the City received five responses. Based on the evaluation of the proposals, Matrix Consulting Group was the top ranked consultant. 1 3. RECOMMENDED ACTION Approve agreement with Matrix Consulting Group in the amount of $48,000 and authorize the Mayor and City Clerk to execute on behalf of the City. 14. FISCAL IMPACT Funds are available to cover the cost of the contract as follows: 100.0201.51670.00000 Other Professional & Consulting Services $48,000 5. STRATEGIC PLAN GOAL(S) 2. Be a Fiscally Healthy Community b. Analyze future fiscal needs and potential revenue opportunities. d. Effectively manage and develop City assets. GENERAL PLAN IMPLEMENTATION N/A ITEM 3 .1 0 12/12/17 Q Printed on Recycled Paper 7. DISCUSSION and BACKGROUND Introduction The last comprehensive citywide user fee study performed by a consultant was completed in December 2007. The City updated the Master Schedule of Fees and Charges in January 2008 based upon the results of the study. These fees were reviewed by staff and portions of the fee schedule were updated in February 2010. Several individual fees have been revised since then. The most recent update to an individual fee was in December 2015. Due to the continued efforts to enhance our efficiency and cost effectiveness, many processes of providing city services have been changed. In light of the current economic cycle and the need for departments to review their cost of services and fee revenues charged, the City has determined to engage a consultant to perform a complete assessment on the user fees. The study to be conducted by a consultant will include review of the current user fees charged, total cost analysis, and recommendations on appropriate updated and potential new fees. Fees such as building related permits, plan check fees, and report fees will be reviewed, among others. Development impact fees, sewer fees, and water rates are not included in the study. Rental fees for rooms and equipment as well as penalty fees and late charges will be reviewed by staff internally. The goal is to have the comprehensive fee study completed and revised fee schedule to be considered by the City Council in June 2018 so that it may be reviewed alongside the FY 19 budget. Staff will also present initial information during one of our upcoming Budget Study Sessions for City Council review and feedback. RFP Process In October, staff distributed an RFP to solicit proposals from qualified consultants for the study. Five proposals were received in response and were reviewed by staff. The proposals were rated on the basis of the following key criteria: 1. Thoroughness and understanding of the tasks to be completed 2. Background and experience in organizational analysis evaluation 3. Consultant's expertise and overall experience with this type of study 4. Time required to accomplish the requested services 5. Responsiveness to requirements of the study 6. Price, considering both the overall cost and the cost relative to the number of hours proposed Matrix Consulting Group had the top ranking. From highest to lowest rating, the summary results are as follows: 1. Matrix Consulting Group 2. MGT Consulting Group 3. Willdan Financial Services ITEM 12/12/17 Q Printed on Recycled Paper 4. Revenue & Cost Specialists, LLC 5. Michael Baker International Matrix Consulting Group showed the most thorough understanding of the project scope, had a timely project schedule, proposed a reasonable fee with a considerable amount of time allocated to the project, had the most local relevant experience with this type of project, and provided a sample report that is comprehensive and analytical. Other cities reported that they have had a positive experience in working with Matrix. The total cost of the Agreement is not -to- exceed $48,000, and will be funded with appropriated funds in the General Fund. 8. ATTACHMENTS • Consultant Services Agreement, Exhibit A ITEM 12/12/17 O Printed on Recycled Paper CONSULTANT SERVICES AGREEMENT THIS CONSULTANT SERVICES AGREEMENT (the "Agreement ") is made at Orange, California, on this day of , 2017 (herein referred to as the "Effective Date ") by and between the CITY OF ORANGE, a municipal corporation ( "City "), and MATRIX CONSULTING GROUP, LTD, a California corporation ( "Consultant "), who agree as follows: 1. Services Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit "A ", which is attached hereto and incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant 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. Consultant represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. 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. Josephine Chan, Investment /Revenue Officer (herein referred to as the "City's Project Manager "), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant's performance hereunder shall be under the direction and supervision of the City's Project Manager (or his /her designee), that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager. 2. Compensation and Fees a. Consultant's total compensation for all services performed under this Agreement, shall not exceed FORTY EIGHT THOUSAND and 00 /100 DOLLARS ($48,000.00) without the prior written authorization of the City. b. The above fee 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, Consultant 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 Consultant the amount invoiced within thirty (30) days after the approval of the invoice. 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 the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation and adjustment of the fee to be paid by City to Consultant. 5. Licenses Consultant 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 Consultant 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, Consultant shall be an independent contractor and not an employee of City. City shall have the right to control Consultant only insofar as the result of Consultant's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Consultant 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. Consultant acknowledges that Consultant and any subcontractors, agents or employees employed by Consultant shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of the 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. Consultant Not Agent Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, to bind City to any obligation whatsoever. 8. Designated Persons Except as otherwise authorized by the City's Project Manager, only those persons 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. 2 9. Assignment or Subcontracting No assignment or subcontracting by Consultant 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 had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his designee. 10. Time of Completion Consultant agrees to commence the work provided for in this Agreement within ten (10) days of the date herein above stated and to diligently prosecute completion of the work in accordance with the time period set forth in Exhibit "A" hereto or otherwise agreed to by and between the representatives of the parties. 11. Time Is of the Essence Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 12. Reserved 13. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control, other than those delays that are caused by the City, shall be an extension of time. No matter what the cause of the delay, Consultant 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 Consultant's control. If Consultant believes that delays caused by the 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 absent a written amendment to this Agreement. 14. Products of Consultant The documents, studies, reports, plans, citations, materials, manuals and other products produced or provided by Consultant for this Agreement shall become the property of City upon receipt. Consultant 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, Consultant agrees as follows: a. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability. Consultant shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or mental or physical disability. 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. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non - discrimination clause. 3 b. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard for race, color, religion, sex, national origin, or mental or physical disability. C. Consultant 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 Consultant 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 Consultant knows or has reason to know that Consultant, 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, Consultant agrees to indemnify, defend and hold the City, its City Council and each member thereof, and the officers, employees and representatives of the City (herein referred to collectively as the "Indemnitees ") entirely harmless from all liability arising out of: (1) Any and all claims under worker's compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of the Consultant, or person, firm or corporation employed by the Consultant, 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. The Consultant, at Consultant's 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, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 4 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. 18. Insurance a. Consultant shall carry workers compensation insurance as required by law for the protection of its employees during the progress of the work. Consultant understands that it is an independent contractor and not entitled to any worker's compensation benefits under any City program. b. Consultant shall maintain during the life of this Agreement, comprehensive general liability insurance or commercial general liability insurance written on an occurrence basis providing for a combined single limit of $1 million for bodily injury, death and property damage. C. Consultant shall maintain during the life of this Agreement, automotive liability insurance on a comprehensive form written on an occurrence basis covering all owned, non -owned and hired automobiles providing for a combined single limit of $1 million for bodily injury, death and property damage. d. Each policy of general liability and automotive liability shall provide that City, its officers, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Consultant under this Agreement. A policy endorsement to that effect shall be provided to the City along with the certificate of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 01. In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the City is an additional insured as a contracting party. e. Consultant 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 combined single limit of $1,000,000. Consultant agrees to keep such policy in force and effect for at least five years from the date of completion of this Agreement. f. The insurance policies maintained by Consultant shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Consultant will determine its own needs in procurement of insurance to cover liabilities other than as stated above. g. Before Consultant performs any work or prepares or delivers any materials, Consultant shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned general liability, automotive and professional liability 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 Consultant shall be issued by companies admitted to 5 conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's 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 the State of California so long as such insurer possesses the aforementioned Best's rating. L Consultant shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance or self insure the risk and charge Consultant for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Consultant. j. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to the City, on behalf of any insurer providing insurance to either the Consultant or to the City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. k. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein. 19. Termination The City may for any reason terminate this Agreement by giving the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of such notice, the Consultant shall immediately cease work, unless the notice from the City provides otherwise. Upon the termination of this Agreement, the City shall pay Consultant for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by the City shall be for cause, in which event the City may withhold any disputed compensation. The City shall not be liable for any claim of lost profits. 20. Maintenance and Inspection of Records In accordance with generally accepted accounting principles, Consultant 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. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days notice from the City, and copies thereof shall be furnished if requested. 2 21. Compliance with all Laws/Immigration Laws a. Consultant shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. Consultant represents and warrants that Consultant: (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. C. Consultant shall require all subcontractors or sub - consultants to make the same representations and warranties as set forth in Section b. d. Consultant shall, upon request of the City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of the City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by the Consultant. Once such request has been made, Consultant may not change employees working under this Agreement without written notice to the City, accompanied by the verification required herein for such employees. e. Consultant shall require all subcontractors or sub - consultants to make the same verification as set forth in Section d. E Any Consultant, subcontractor or sub - consultant who 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 shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by the City. 7 g. The Consultant agrees to indemnify and hold the City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, the City may sustain by reason of the Consultant's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement. 22. Attorneys' Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which it may be entitled. If the City is the prevailing party and uses in -house counsel in the litigation, it shall be entitled to recover attorneys' fees at the hourly rate that Consultant is being charged by its attorney or at the in -house counsel's fully burdened rate, whichever is higher. 23. Governing Law This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. 24. Integration 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. 25. Notice Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class 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 may be sent by either e -mail or U.S. Mail. Notices shall be deemed received upon receipt of same or within 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. "CONSULTANT" Matrix Consulting Group, LTD 201 San Antonio Circle, Suite 148 Mountain View, CA 94040 Attn.: Richard Brady "CITY" City of Orange 300 E. Chapman Avenue Orange, CA 92866 -1591 Attn.: Josephine Chan Telephone No.: 650- 858 -0507 E -Mail Address: rbrady @matrixcg.net Telephone No.: 714- 744 -2236 E -Mail Address: jchan @cityoforange.org IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" MATRIX CONSULTING GROUP, LTD, CITY OF ORANGE, a municipal corporation a California corporation *By: Printed Name: Title: By: Printed Name: Title: Teresa E. Smith, Mayor ATTEST: Mary E. Murphy, City Clerk APPROVED AS TO FORM: Wayne W. Winthers, City Attorney * NOTE : The City requires the following signature(s) on behalf of the Consultant: -- (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 the City. W EXHIBIT "A" SCOPE OF SERVICES [Beneath this sheet.] Proposal to Conduct a User Fee Study O CALIF 7 Work Plan The following subsections provide our approach to managing projects, a detailed work plan, and proposed project schedule. 1 Summary and Approach The Matrix Consulting Group works with a wide variety of clients ranging from small towns to major metropolitan cities in over 40 states across the U.S. Every project is unique, and is managed according to the following essential project approaches: • Reputation for effective project management: Our clients value the personal attention, enthusiasm, responsiveness, timely delivery, and expertise provided on their projects. This attention to project management is demonstrated in our work approach, as shown in the detailed work plans provided for each project. • Cross - trained project team: Our project team's background in both financial and management analysis provides them with a unique understanding of the work processes and service level assumptions behind cost and fees for service. • Communication with the City: At the onset of the project, a detailed schedule will be developed outlining key deadlines and deliverables, and regular progress reports will be provided to the City's Project Manager. We are known for being available to clients and for providing prompt responses to questions or issues. • City staff support: The Matrix Consulting Group is mindful of the City's current workload and our approach is to work with our clients' staff to minimize project impacts through strong project management, clear expectations of our roles versus staff roles, and careful as well as realistic scheduling. • Workshop data gathering approach: The facilitation of data gathering workshops allows the project team to obtain more accurate time and service level data. It also provides staff with the knowledge needed to explain how results were derived and the assumptions behind the analysis. • Excel -based analytical models: Our technical cost plan and user fee models are based in Microsoft Excel, which provides our clients with the ability to adapt and update them from year to year as their organization changes. Using Excel as the platform for our models eliminates costs and additional training associated with software products and licensing. These approaches have led to high rates of implementation for all of our project results. Matrix Consulting Group Page 12 Proposal to Conduct a User Fee Study ORANGE, CALIFORNIA 2 Work Plan Updating the City's current User Fee schedules will provide clear documentation of direct and indirect costs associated with fee -based services, as well as outline current cost subsidies or over - recoveries. The following tasks include a narrative, associated activities, and projected staff time requirements. Task 1 Determine and Review Initial Documentation The project team will provide the City with a written "Data Collection List" outlining documents and information needed prior to our first onsite visit. This data request typically includes the following items: • Current Fiscal Year adopted Budget for Building, Planning, and Engineering. • Most recent completed Fiscal Year revenue reports for all Departments. • List of all budgeted personnel by Department / Division. • List of all current fees being charged by the City to be included in the analysis. Before our first on -site visit, we will review this information to familiarize ourselves with strengths, weaknesses and opportunities for improvement related to the City's existing fee structure. In addition, we will familiarize ourselves with the budgetary and staffing structures relevant to fees for service. Project Deliverable — MCG City Services Required • List of basic data requirements for the Study Basic data requirements for the Study as listed by the Matrix Consulting Group (staffing, salary, budget, etc.) Estimated Hours: 1 - 2 hours for Finance Task 2 Project Initiation — Establish the City's Goals and Objectives for the Study, and Identify Trends and Plans Which Impact Cost Recovery Analysis and Policy To effectively analyze and present the full cost of providing City services, it is important that the project team develops an understanding of key issues which impact and shape the City's service delivery and cost recovery policies. To develop this perspective and customize the structure of the project, we plan to do the following: Matrix Consulting Group Page 13 Proposal to Conduct a User Fee Study ORANGE, CALIFORNIA • Conduct an initial meeting with the City's management staff to solidify the exact parameters of the Study. • Develop a detailed project management plan, including timelines and associated deliverables. • Conduct discussions regarding the City's current fee structure and any potential changes. • Identify current cost recovery policies or established subsidies. As a "user fee" study, the Matrix Consulting Group does not propose to evaluate any fines, taxes, utility rates, or impact fees. Services and activities included in the study are those that are defined specifically by an estimate of staff time. Project Deliverable — MCG City Services Required • On -site meeting with City management Designated project management involved in or impacted by the Study representative • Project Management Plan Approval of work plan as provided by the Matrix Consulting Group Estimated Hours: 0.5 hours per executive staff member attending the meeting Task 3 Develop a Schedule of Current and Potential Fees for Service The scope of this effort will be the fees charged by the City for services. Current, as well as potential fees and charges will be identified and documented. Meetings with each department will identify the areas of greatest potential cost recovery, and structure and expand existing fee schedules for both optimum cost recovery and fairness and equitability to the applicant for services. At this time, the project team will request volume statistics to be used for staff utilization and cost/revenue comparisons later in the analysis. Project Deliverable — MCG City Services Required • On -site meeting to discuss and revise fee Participation in discussion of existing and structures for each department proposed fee items for the analysis • Thorough review of existing documentation Review, comment, and approval of fee and analyses that support the Department's structure report prepared by the Matrix current fee structure and operations Consulting Group Estimated Hours: 3 hours per department Matrix Consulting Group Page 14 Proposal to Conduct a User Fee St ORANGE, CALIFORNIA Task 4 Conduct Time and Activity Data Gathering Workshops The project team will conduct workshops to gather time and activity estimates for each service included in the study, interviewing key personnel from each department and analyzing the various activities being performed within it that are both revenue and non - revenue generating. The flowchart below shows an example of the steps involved in processing a permit and the staff and time associated with each step. Intake and Permit Processing • Permft Tech • 10 min Initial Review • Engineer • 1 hr Final Review 4 •Engineer • 30 min Issue Permit ' Iq =15min As the flowchart above shows, basic process steps in application / permit processing will be documented and provided in the Departmental detail for each department represented in the study. Project Deliverable — MCG City Services Required Facilitation of two -days of meetings related to Attendance at workshop meetings available net hour calculations, documentation • Provision of follow up data or discussion as of service levels needed 1 - 2 iterations of review to achieve a defensible and reasonable allocation of staff time to fee and non -f activities Estimated Hours: 3 - 7 hours per department Task 5 Perform a Total Cost Analysis The Matrix Consulting Group's costing model is built based on the City's operations, budget detail and intended uses for the results. This method is a customized approach, specific to each jurisdiction, for cost analysis of user fee services. This costing method uses time and annual activity level data to establish the cost of providing services on both a unit and 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 applicable City costs to the calculation of the full cost of providing each service. The chart on the following page describes the typical costs considered as applicable to fees. Matrix Consulting Group Page 15 Proposal to Conduct a User Fee Study ORAN CA LIFORNIA (Dept. Admin / 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 information about 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. Project Deliverable — MCG City Services Required • Detailed documentation of current charges Provision of follow up data or discussion as versus the actual cost of providing services needed from both a cost per unit and annual cost perspective Estimated Hours: 1 - 3 hours per department Task 6 1 Analysis of Recoverable Revenue Utilizing each department's billing statistics, receivables, and workload data, the project team will analyze potential and actual recoverable revenue. This will help the City understand how workload volume impacts revenue and cost subsidies. While potential revenue can be identified, recoverable revenue is dependent upon the following factors: Current policies and legal restrictions, which limit the City's ability to increase fees and thereby revenue recovery. • Economic and revenue impacts of proposed and recommended fee levels and methodologies, including compliance with policies and fee affordability for small projects and applications. These factors influence the actual recoverable revenue of a department and directly influence the self -sustainability of a department / division. City staff can use this information to shape or alter current or future City policies on cost recovery. Matrix Consulting Group Page 16 Proposal to Conduct a User Fee Study ORANGE, CALIFORNIA Project Deliverable — MCG City Services Required • Discussion of internal and external policies Provide documentation regarding current City limiting fee increases policies • Analysis of potential and actual recoverable Attendance at meetings related to discussion revenue of revenue results Estimated Hours: 2 - 4 hours per department Task 7 Conduct a Market Rate Survey to Similar Jurisdictions The project team will work with the Department to identify cities in Orange County targeted for the fee comparison survey. We will also develop the survey tools and select the most appropriate fee items for benchmarks. Then, we will administer the survey, collect comparative data, conduct the comparison, and document the results. The following graph provides an example of how comparative survey results for Building Fees would be presented: $8,000 $7,000 v, $6,000 LL $5,000 $4,000 E $3,000 a $2,000 $1,000 Single Family Home - New Permit and Plan Check Fees • Plan Check • Permit C c N M U) > , U U U U o o �U� n a n n n T U U U U U U U Market surveys do not provide adequate or objective information about the relationship of a jurisdiction's costs to its fees, therefore, it is recommended that information contained in the market comparison of fees be used as a secondary decision - making tool, rather than as a tool for establishing price points for services. Project Deliverable — MCG City Services Required • Survey of fees in similar jurisdictions Review of proposed jurisdictions and list of • Written comparative summary of the results comparable fees to be included in the survey Estimated Hours: 1 hour per division or program Matrix Consulting Group Page 17 Proposal to Conduct a User Fee Study ORANGE, CALIFORNIA Task 8 Review / Revise the Fee Study Results with Departments and City Management Because the analysis of fees for service is based on estimates and information provided by City staff, it is extremely important that all participants are comfortable with our methodology and with the data they have provided. Once the departments agree that the analysis reflects the reasonable costs of providing services, City management will have an opportunity to review the results. The project team will address implementation strategies that consider both policy issues and goals for optimum cost recovery. While it is generally desirable to eliminate any subsidies, discussions regarding the feasibility of raising fees based on political climate, legal restrictions, and social and economic consequences must occur. Project Deliverable — MCG City Services Required • Approval of analytical results at the Review of final analytical model Department and City management levels documentation • Formulation of cost recovery Attendance at meetings related to discussion recommendations and associated revenue of results and economic policy implications impacts Follow up data or discussion as needed Estimated Hours: 1 - 3 hours per department Task 9 Prepare a Final User Fee Study Upon conclusion of the fee study, we will. prepare a detailed report that summarizes the results of each of the previous work tasks described above. This report will include the following: • A succinct executive summary discussing the study, the methodology, and the results. • A narrative describing the services included in the study, as well as any revenue enhancement and operational recommendations specific to your organization and based on our extensive experience with hundreds of jurisdictions, as well as key decision - making points to be considered. • Appendices that compare existing and potential cost recovery on a unit and annual basis by department. The report will be reviewed, revised and finalized with Department and City management. Matrix Consulting Group Page 18 Proposal to Conduct a User Fee Study ORANGE, CALIFORNIA Project Deliverab - MCG City Services Required • Preparation and approval of the Final City- Review and approval of Final Report drafts wide User Fee Study report • 5 bound copies, 1 unbound, and 1 electronic version of the final report • Detailed back -up documentation for each department included in the study Estimated Hours: 1 hour per reviewer Task 10 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 to the City Council. Additional meetings can be arranged at cost. Project Deliverable — MCG City Services Required • Presentation of Study results at a City Council Preparation of City Staff Report meetino Estimated Hours: 4 hours per Finance Department or Management staff Task 111 Provide Analytical Summary Table, Model, and Staff Training The City wishes to have the ability to update the final version of the User Fee Study, including the ability to add, revise or remove direct and indirect costs so that fees and rates can be easily updated annually. Our technical fee models, produced in Microsoft Excel, provide the ability for the City to adapt and continuously update the model from year to year as the organization changes. While the model is structured in Excel, the technical model is proprietary and for internal use by City staff only. By having our model based in Excel, the requirements for software training, cost of new software products, updates, licensing or other additional support, would be minimized. After the final draft of the User Fee Study is approved, at the discretion of City staff, the project team will meet with and train designated City employees on use of the Excel model. Staff will be provided with initial training that includes: a step -by -step PowerPoint presentation; a User's Manual which explains key concepts and defines basic terms; Matrix Consulting Group Page 19 Proposal to Conduct a User Fee Study ORANGE, CALIFORNIA and a customized updated checklist of data and information that needs to be entered. While staff training typically takes about four hours, the Matrix Consulting Group is committed to supporting City staff well after project completion, including answering questions and providing model support, at no additional costs. Project Deliverable — MCG City Services Required • Computer based summary table of the final Attend training session with Matrix version of the User Fee study and Technical Consulting Group Model • Four (4) hours of on -site training for appropriate Finance Department staff Estimated Hours: Traininq attendance — 4 hours 3 Proposed Schedule Studies of this nature typically take a minimum of 12 weeks to complete. The following table outlines our proposed project schedule on a task -by -task basis for completing a User Fee Study. Initial Documentation Project Kick -off Current & Potential Fees Data Workshops Total Cost Analysis Analysis of Recoverable Revenue Rate Comparison Review / Revise Results Prepare Final Report 2 3 4 5 6 7 8 9 10 All timelines can be adjusted based upon the City's schedule and other commitments in agreement with City staff. Presentation of results and adoption by City Council would occur after delivery and approval of the final report, at the discretion of the City. Delivery of analytical summaries and worksheets, automatic update mechanisms and training would occur either before or after the Council meetings, per the City's preference. Matrix Consulting Group Page 20 AGENDA ITEM Date: December 12, 2017 C ot/ r CP ReviewedNerified i • City Manager TO: Honorable Mayor and Finance Direct r �i(rYi Members of the City Council To Be Presentee : Will Kolbow THRU: Rick Otto X Cons Calendar City Mgr Rpts _ City Manager Council Reports Legal Affairs FROM: William M. Kolbow /p , / aj Boards /Cmtes _ Public Hrgs Finance Director Admin Reports Plan /Environ 1. SUBJECT Agreement with Matrix Consulting Group to conduct a User Fee Study. 2. SUMMARY A Request for Proposal (RFP) was released for updating the City's user fees and the City received five responses. Based on the evaluation of the proposals, Matrix Consulting Group was the top ranked consultant. 3. RECOMMENDED ACTION Approve agreement with Matrix Consulting Group in the amount of $48,000 and authorize the Mayor and City Clerk to execute on behalf of the City. 4. FISCAL IMPACT Funds are available to cover the cost of the contract as follows: 100.0201.51670.00000 Other Professional & Consulting Services $48,000 5. STRATEGIC PLAN GOAL(S) 2. Be a Fiscally Healthy Community b. Analyze future fiscal needs and potential revenue opportunities. d. Effectively manage and develop City assets. 6. GENERAL PLAN IMPLEMENTATION N/A ITEM 3.10 �s 12/12/17 *Printed on Recycled Paper 7. DISCUSSION and BACKGROUND Introduction The last comprehensive citywide user fee study performed by a consultant was completed in December 2007. The City updated the Master Schedule of Fees and Charges in January 2008 based upon the results of the study. These fees were reviewed by staff and portions of the fee schedule were updated in February 2010. Several individual fees have been revised since then. The most recent update to an individual fee was in December 2015. Due to the continued efforts to enhance our efficiency and cost effectiveness, many processes of providing city services have been changed. In light of the current economic cycle and the need for departments to review their cost of services and fee revenues charged, the City has determined to engage a consultant to perform a complete assessment on the user fees. The study to be conducted by a consultant will include review of the current user fees charged, total cost analysis, and recommendations on appropriate updated and potential new fees. Fees such as building related permits, plan check fees, and report fees will be reviewed, among others. Development impact fees, sewer fees, and water rates are not included in the study. Rental fees for rooms and equipment as well as penalty fees and late charges will be reviewed by staff internally. The goal is to have the comprehensive fee study completed and revised fee schedule to be considered by the City Council in June 2018 so that it may be reviewed alongside the FY 19 budget. Staff will also present initial information during one of our upcoming Budget Study Sessions for City Council review and feedback. RFP Process In October, staff distributed an RFP to solicit proposals from qualified consultants for the study. Five proposals were received in response and were reviewed by staff. The proposals were rated on the basis of the following key criteria: 1. Thoroughness and understanding of the tasks to be completed 2. Background and experience in organizational analysis evaluation 3. Consultant's expertise and overall experience with this type of study 4. Time required to accomplish the requested services 5. Responsiveness to requirements of the study 6. Price, considering both the overall cost and the cost relative to the number of hours proposed Matrix Consulting Group had the top ranking. From highest to lowest rating, the summary results are as follows: 1. Matrix Consulting Group 2. MGT Consulting Group 3. Willdan Financial Services ITEM 12/12/17 *Printed on Recycled Paper 4. Revenue & Cost Specialists, LLC 5. Michael Baker International Matrix Consulting Group showed the most thorough understanding of the project scope, had a timely project schedule, proposed a reasonable fee with a considerable amount of time allocated to the project, had the most local relevant experience with this type of project, and provided a sample report that is comprehensive and analytical. Other cities reported that they have had a positive experience in working with Matrix. The total cost of the Agreement is not -to- exceed $48,000, and will be funded with appropriated funds in the General Fund. 8. ATTACHMENTS • Consultant Services Agreement, Exhibit A ITEM 12/12/17 °Printed on Recycled Paper