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Home My WebLink AboutC37610 Fee Study and Full Cost AllocationSTAFF REPORT CONTRACT NO. C37610 CITY OF PALM DESERT FINANCE DEPARTMENT MEETING DATE: May 23, 2019 PREPARED BY: Christopher Gerry, Management Analyst REQUEST: Authorize an agreement with Willdan Financial Services to conduct a comprehensive fee study and full cost allocation plan in an amount not to exceed $35,855. Recommendation By Minute Motion, authorize City staff to enter into an agreement with Willdan Financial Services to conduct a comprehensive fee study and full cost allocation plan in an amount not to exceed $35,855. Background On September 27, 2018, City Council authorized City staff to issue a Request for Proposal (RFP) to conduct a comprehensive fee study and full cost allocation plan. The plan will ultimately ensure the utilization of comprehensive overhead and user fee rates. The previous staff report can be found as Attachment A. On February 6, 2018, the City released an RFP that was publicly available for a 30-day period. As a result of this RFP, the City received four proposals from consulting firms to perform the scope of work. The consulting firms include: • Willdan Financial Services (Temecula, CA) • Matrix Consulting Group (Irvine, CA) • NBS (Temecula, CA) • ClearSource Financial Consulting (Aptos, CA) City staff from multiple departments, including the City Manager, Finance, Community Development, and Building and Safety, conducted a comprehensive evaluation of these proposals based upon experience, project approach, and cost. Based upon this evaluation, City staff recommends entering into a professional services agreement with Willdan Financial Services. The scope of work is anticipated to be completed within six months. The draft agreement can be found as Attachment B. Fiscal Analvsis There is no fiscal impact associated with this request. LEGAL REVIEW DEPT. REVIEW Approved as to form Robert W. Hargreaves eJanet M. Moore City Attorney Director of Finance Attachments FINANCIAL REVIEW CITY MANAGER Janet M. Moore Lauri �Aylaian Director of Finance Citv Manager A. Staff Report (September 27, 2018) B. Draft Professional Services Agreement CONTRACT NO. 08.7610 Attachment A Staff Report (September 27, 2018) STAFF REPORT CITY OF PALM DESERT FINANCE DEPARTMENT MEETING DATE: September 27, 2018 PREPARED BY: Janet M. Moore, Director of Finance REQUEST: Authorization to issue a Request for Proposals (RFP) for a User Fee and Full Cost Allocation Fee Study Recommendation By Minute Motion, that the City Council authorize the issuance of a Request for Proposals (RFP) for a User Fee and Full Cost Allocation Fee Study. Strategic Plan Obiective/City Manaaer 2018 Goals This request does not directly apply to a specific strategic plan goal but helps the City to meet the goals within the plan. The commencement of the process for a fee study is included in the City's 2018 Department Goals with an expected completion in 2019. Committee Recommendation The Audit, Investment and Finance Committee will review this request at its regular meeting of September 25, 2018. A verbal report will be provided upon request. Executive Summary The last comprehensive user fee study was performed in 2004. The most recent fee adjustments for most of the City's user fees were implemented between 2010 and 2012. A comprehensive fee study includes a review of the full cost of providing certain City services. The purpose of adding a full cost allocation plan to the user fee study is to ensure that the City has a basis for applying comprehensive overhead rates and is accurately accounting for the true cost of various services provided by each department. The results of the study will include recommendations for setting user fees for City services including permit fees, plan check, inspections, license fees, community development fees, engineering fees and fire fees. Since a comprehensive user fee study has not been performed in over 14 years, staff recommends issuing an RFP to select a consultant to review the City's fees for services. September 27, 2018 — Staff Report RFP for User Fee and Full Cost Allocation Study Page 2 of 4 Backaround Analvsis In 2004 the City approved a "Cost of Services Study" that was prepared by Zucker Systems ("Zucker Study"). The Zucker Study set up tables that could be updated every two (2) years following an analysis by each department based on budgeted costs. With Council approval, staff adjusted fees based on the Zucker Study up until 2012. The City Council at that time expressed concerns that the City's fees may hinder development and/or increase costs to businesses recovering from the economic downturn. Since 2012, under Council direction, most fees have been held constant even though other factors included in the basis for fees in the Zucker Study increased (i.e. minimum wage, inflation). A limited number of fee categories have been updated based on specific circumstances and some have been added for new services since the Zucker Study. This study is available for review upon request. Cost allocations and fees should be reviewed periodically. Additional reviews should be conducted when cost allocation calculations are complex, new policies or technology are implemented, or there are structural changes in the City. The Government Finance Officers Association (GFOA) suggests that updating fees on a periodic basis may help smooth the impact of changes over several years rather than having uneven impacts between fee reviews. Proper assessment of fees is important to ensure that each fee covers the cost of services being provided. Improper assessment could result in taxpayer dollars being used to subsidize the cost of someone else's demand on City services. Since the Zucker Study was over 14 years ago, staff recommends conducting a new review with a full cost allocation plan and comprehensive user fee study. The study will include a review of both direct (plan check, inspections, community development fees, engineering fees, and fire fees) and indirect costs (shared services from administrative departments, i.e. human resources, finance, legal, city clerk, etc.). The new study would be the basis for adjusting the City's fees every two years and would ensure that the City can add the cost of internal services to requests for reimbursements, including federal and state grants, when allowed. Full Cost Allocation Plan The purpose of the Full Cost Allocation Plan is to ensure that the City has a basis for applying comprehensive overhead rates and is accurately accounting for the true cost of providing various services by each department. This type of plan serves to allocate all indirect costs. Additionally, best practices, accounting standards, and OMB 2 CFR part 225 make it necessary for the City to maintain a well -documented cost allocation plan that will help appropriately allocate general and administrative costs, properly identify overhead rates that can be used in the calculation of billable hourly rates for federal and state grants, set user fees and obtain reimbursements from other governmental agencies. The results from the Cost Allocation Plan would be used to develop the Comprehensive User Fee Study. September 27, 2018 — Staff Report RFP for User Fee and Full Cost Allocation Study Page 3 of 4 Comprehensive User Fee Studv The Comprehensive User Fee Study will calculate the full cost of providing certain City services including permit fees, plan check, inspections, license fees, community development fees, engineering fees, and fire fees. It will also provide a recommended fee to be charged for each applicable service while ensuring compliance with Proposition 26, Proposition 218, the California Fee Mitigation Act, and other applicable statutory requirements. Another goal of this fee study is to review the application of fees and overall categories of fees to simplify the overall fee structure. This will help ensure that appropriate charge differentials based on factors when the fees are applied are not overly complicated. For example, plan check fees currently vary by the type of plans checked as well as the size of the facility being reviewed. Single-family residential dwelling units have approximately 14 different rates charged for architectural and structure reviews, some based on square footage, some based on the type of plan check, with a cost differential as low as one cent. Similarly, multi -family residential units, garages, commercial plans, tenant improvements, etc. have their own unique set of customized rates charged. Some differentiation is likely warranted, but to the extent any can be combined, the review will provide a substantiated recommendation to streamline them. The study will also include any cost recovery strategies and suggestions on best practices for revising or establishing new user fees. These strategies should take into consideration the complexities and demands of each department and program. Developer lmoact Fees The study will include a review of developer impact fees and recommendations may be made to streamline the application of fees. However, the primary goal of the study is to review fees for City -provided services including plan check, inspections, community development fees, engineering fees and fire fees. Should the City decide to perform a comprehensive review of development impact fees, it would be done separately. Process If approved, staff will issue an RFP (draft attached). Once proposals are received, a review committee will convene to review the proposals and rank them. Once a firm is selected and approved by the City Council, staff from all departments will be required to provide the selected consulting firm with information relative to time spent on certain tasks, overhead costs and actual costs for supplies used. Once the firm is on board, the process is very comprehensive and time -intensive. According to other cities that have gone through this process recently, the timeframe to complete the study has varied dramatically, from six months to two years based on each city's current fee structure. Optimistically, staff would like to see the study completed in six months; however, it will most likely take about a year to complete. The selected firm will provide a thorough analysis along with development of fee models and recommendations including identifying and recommending new fees and revenue sources, remaining cognizant of the Government Finance Officers Association's best September 27, 2018 — Staff Report RFP for User Fee and Full Cost Allocation Study Page 4 of 4 practice guidelines for such studies. Staff will notify the local building associations of the City's actions to undertake this study. Once a draft of the study is provided, staff will request input from the building associations and any other interested parties that would like to comment on the study results. The study will then be presented to the City Council along with recommendations for changes that may be suggested as a result of the comprehensive review. Conclusion It is the City's goal to have a well -documented and defensible cost of service plan that will identify rates that would be used to recover billable costs for services and develop compliant user fees. In order to evaluate the current costs of services provided by the City, staff recommends that an RFP be issued for a consultant to review the City's user fees through a comprehensive user fee study along with a full cost allocation plan. Fiscal Analvsis The cost of issuing the RFP will be minimal. The study itself will range from $75,000 to $100,000 along with the staff time required to provide the necessary information to complete the study. The estimated cost of the study is not included in the 2018-2019 budget. Staff believes that there will be savings in various department budgets from staff vacancies that can assist with covering the cost of the study. Once the RFP responses are received, staff will review this again. In the event there are insufficient savings to cover the cost of the study, with Council's approval, staff will request the difference with the end -of -year adjustments. LEGAL R VFW DEPT. REVIEW FINANCIAL REVIEW CITY MANA ER Zobe reaves et M. Moore et M. Moore Lauri Aylaian City Attorney Director of Finance Director of Finance City Manager ATTACHMENT: Draft Request for Proposal Draft Agreement Current Schedule of Building Permit Fees DVBA Comparison of Local Fees Attachment B Draft Professional Services Agreement CONTRACM NO. 03.7610 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 231d day of May, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Willdan Financial Services, a Corporation, California, with its principal place of business at 27368 Via Industria, Suite 200, Temecula, CA 92590 ("Consultant"). City and Consultant are sometimes individually referred to- herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional financial consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the City's comprehensive user fee study and full cost allocation plan ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional financial consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. The Services shall be consistent with proposal submitted by the Consultant. 3.1.2 Term. The term of this Agreement shall be from May 27, 2019, to June 30, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 1- Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Chris Fisher, Vice President. 3.2.5 Citv's Representative. The City hereby designates Christopher Gerry, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Chris Fisher, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Emplovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Emplovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emplovment Eligibility: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eliaibilitv: Subcontractors. Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eliaibility: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Eaual Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (GARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -5- insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -7- performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuah Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 f Reservedl.. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -8- not exceed thirty five thousand eight hundred fifty five dollars ($35,855) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Willdan Financial Services 27368 Via Industria, Suite 200 Temecula, CA 92590 Attn: Chris Fisher, Vice President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Christopher Gerry, Management Analyst Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data: Licensinq of Intellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -11- Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Provietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 f Reservedl. 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by negligence acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Riaht to Emolov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assianment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND WILLDAN FINANCIAL SERVICES CITY OF PALM DESERT WILLDAN FINANICAL SERVICES Lauri Aylaian City Manager ATTEST: City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Its: Printed Name: AN Its: Printed Name: Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On . 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES [SCOPE OF SERVICES ON NEXT PAGE] (BB&K 2018) Exhibit "A"-1 72500.00001\31605678.1 Rev 11-9-18 5.2.5 Proposed Scope of Services Work Plan Our proposed work plans, described in detail by task, are provided below. We propose to maximize efficiency and cost-effectiveness by combining meetings and data gathering efforts between the cost allocation plan and user fee study wherever possible. We explain how each task will be accomplished and identify associated meetings and deliverables. We want to ensure our scope provides quality and clarity and is responsive to the City's needs and specific local circumstances. We will work in concert with the City to adjust scopes as needed during the course of the studies. Full and OMB Compliant Cost Allocation Plan This proposed scope of services addresses the completion of both the full and OMB compliant versions of the Cost Allocation Plan (CAP). We have noted where activities specific to the OMB compliant plan occur. Task 1: Initial Document Request Objective: Initial due diligence. Description: Prior to the kick-off call, relevant documentation will be obtained and reviewed in order to enhance our understanding of the City's current cost allocation plan and internal structure of the agency. A written request for specific data will be sent to the City. The data provided in this task will provide the building blocks for later model development. Our request may include (but is not limited to): ■ Detailed budget and accounting data; • Prior year's financial data, salary, position and staffing data: • Organizational structure; • Prior cost allocation plan and/or user fee documentation and models; and ■ Data related to various allocation bases that may be incorporated as part of the methodology, i.e. City Council agenda frequencies by department, AP/AR transactions by department, IT equipment distribution by department, etc. Deliverables- Willdan: Submit information request to City. City: Provide requested data to Willdan (prior to Task 2, }tick -off Ca1URefine Scope). We will follow up with the City to confirm in writing the data that we have received, or which is still outstanding. Task 2: Kick-off Conference Call 1 Refine Scope Objective: Confirm project goals and objectives. Identify and resolve policy issues raised by the study and determine appropriate fee categories. Description: Willdan will identify and resolve policy issues typically raised by these studies and address data gaps in order to gain a full understanding of the City's goals for the cost allocation plan. We will establish effective lines of communication and processes for information gathering and review. We will also discuss costs that may be not allocable for OMB purposes, and the potential impact on the OMB version of the CAP. During this call, we will ask that the City assign a project manager to serve as its primary contact. The selected City project manager will ensure that available data is provided to Willdan in a timely manner, thereby maintaining adherence to the project's schedule. We will obtain and review the current cost allocation methodology and discuss with City staff. The objective of this review is to determine specific areas of focus as they relate to the City's objectives, and to discuss and evaluate current and potential allocation factors. Meetings. One (1) project kick-off conference call to initiate the project, discuss data needs and methodologies and to address policy issues. We would propose to conduct the user fee study kick-off during this same call, to maximize efficiency and cost effectiveness of staff and Willdan time - Deliverables - Willdan: If needed, a revised project scope and schedule. City: Provide further data requirements and select 1 introduce City's project manager. COMPREHENSIVE. Comprehensive User Fee Study and CosrAllocation Plan INNOVATIVE. 20 City of Palm Desert, CA TRUSTED. Task 3: Gather Staffing Information and Develop Cost Allocation Plan Model Objective: Gather information related to indirect staffing and functions. Prepare draft cost allocation plan and model. Description: This task involves the gathering of specific information, directly from City staff, through interviews and discussion, related to the functions served by indirect staff and the departments served by their activities. This task also focuses on the development of, and/or adjustment of existing, allocation bases, and the development and testing of a model that will ultimately be used to calculate the proper cost allocations derived from data gathered in prior tasks. The model will be developed to incorporate any recent changes in the provision of City services, and fully allocate central service costs. The model will also be developed to allocate only those costs eligible under OMB Super Circular (former A-87) guidelines. This is accomplished by loading relevant data into the model, identifying which costs are not allocable under OMB guidelines, then employing a toggle that will remove the OMB ineligible costs as appropriate. The OMB Super Circular compliant model is valuable as the City may receive Federal or State grant funding that mandates compliance with Federal OMB regulations. We will utilize budget and organizational information, and other required information gathered from City staff to complete the work in this task. Specific discussions will be held to discuss bases, how central overhead services are provided to and utilized by other departments, cost categories and allocation criteria, and how these will factor into the overall cost allocation methodology. We will work with the City to review any existing Internal Service Funds (ISF) and their functions and structures and incorporate them into the model and methodology. The model and methodology will also produce fully loaded hourly billing rates for City staff positions. These rates will be suitable for a variety of uses, including billing to CIP projects, and in the OMB Super Circular compliant CAP, to Federal grants. Meetings. Conference call with staff to understand structure and operations as model and allocation bases are developed. Key staff will be interviewed to best understand central overhead staffing and functions and the departments served. Deliverables: Willdan: One (1 ) user-friendly model in Microsoft Excel format that provides both a full cost allocation plan and an OMB Super Circular compliant cost allocation plan. Task 4: Test and Review Cost Allocation Methodology Objective: Test and review model and results with City. Description: The draft cost allocation plan model will be reviewed with City staff, and adjusted as necessary, to ensure that preliminary allocations provide an accurate depiction of how the central overhead costs should be borne by the operating programs and funds. Over the past several years, we have successfully integrated online meetings by using WebExTM as an element to our approach. This allows us to remotely guide staff through the model review and allows you the opportunity to interactively change inputs and test approaches. Meetings. one (1) conference call and online demonstration (WebEx) with the City's management group to review the model. Deliverables. Willdan and City: Draft cost allocation plan model review. Task 5: Prepare and Present Draft Report Objective: Prepare the draft cost allocation report. Description: This task involves the draft report preparation. The cost allocation plan's background, model methodologies, and results will be discussed; calculations and supporting data will be presented textually and in easily understood tables and provided to the City. Meetings: One (1) web meeting/conference call to present the draft report to City Staff, Deliverable_: Willdan: Draft report for City review and input. City: Review of draft report, with comments, and edits. COMPREHENSIVE. Comprehensive UserFee 5rudy and Cos IAliocation Plan INNOVATIVE. 21 City or Palm Desert, CA rRusrEa. Task 6: Discuss and Revise Report Objective: Review of draft report, cost distribution methods, and model. Description: An in-depth review of the draft report and model will be conducted to arrive at an optimum allocation method for each expenditure type. Often, through the course of an engagement, comments usually revolve around issues of. understandability; appropriate levels of enterprise funds' cost recovery, etc.; ease of calculation; and overhead costs' distribution methods. Following a round of comments from City staff concerning the draft report, the final report will be prepared for presentation to the Council. Meetings. One (1) conference call with City staff tooreview the report with changes and revisions. Deliverables: Draft report, and revised draft/final report. Task T: Prepare and Present Final Report and Movie! Objective: Prepare and present the final report to City Council. Educate City staff on the operation and use of the model for future modifications. Description: This task is the culmination of the cost allocation plan project. Based on staff comments on the draft report, Willdan will prepare the final report for presentation to City Council. Meetings. One (1) meeting with the City Council to present the final plan. This meeting may be held in conjunction with the presentation of the user rate study results. We will also provide staff training on the operation and use of the model. Deliverables: Willdan: Provide one (1) electronic PIDF file copy of the final report and models (overhead and OMB Super Circular compliant); and three (3) bound copies, and one (1) unbound copy to the City. Using Microsoft Word and Excel, an updateable electronic copy of the study and models, as well as related schedules, will also be provided on CD/ROM. Comprehensive User Fee Study Task 1: Initial Document Request Objective: Initial due diligence; obtain study -related data. Description.- Prior to the kick-off meeting, we will obtain and review relevant documentation to further enhance our understanding of the services, fees, and rates to be studied. A written request for data will be sent to the City. Please note that Time Survey data is not part of this request and will be gathered during the on -site interviews described in Task 5. We will request information and documentation on current fees and fee programs, activity levels, and budget and staffing information (to the extent not already available) related specifically to programs and activities which have associated fees, and for which the City has this level of detail. Deliverables: Willdan: Submit information request to City. City: Provide requested data to Willdan (prior to Task 3, Kick-off Meeting/Refine Scope). As with the cost allocation plan, we will follow up with the City to confirm receipt of requested data and information and highlight data elements that are outstanding. Task 2: Compile Inventory of Current and Potential Fees Objective: Willdan will identify a schedule of fees and methodology for calculating the fees. Description: Based on the results of the initial document request and independent research, incorporate into our model the existing fees, provided by the City, to comprise the parameters of the fee study. Meetings: It is possible that a conference call with the City may be necessary to discuss new fees to implement or existing fees that may no longer be required. Deliverables: Willdan: One (1) draft list of current fees based on initial data provided (to be discussed and finalized during the kick-off call). City: Review completed fee schedule with comments/revisions to be discussed during the kick-off meeting. COMPREHENSIVE. Comprehensive UserFee Study and Cos IAflocation Plan INNOVATIVE. 22 TRUSTED. City OfpBl►l7 Desert, CA Task 3: Kick-off Conference Call / Refine Scope Objective: Confirm goals and objectives for the User Fee Study. identify and resolve policy issues typically raised by a User Fee Study, address gaps in data, and refine appropriate existing or new fee categories (based on Task 2). Description: Verify our understanding of the City's goals, the City's cost -recovery policy for user fees, and to fill any gaps in data/information necessary for the project. It is important for the City and Willdan to identify and address any foreseeable problems and maintain open communication throughout the process. During this call, we will ask that the City identify a project manager who will serve as the primary contact for the project. The project manager shall have responsibility for ensuring that all available data is provided in a timely manner, thereby maintaining adherence to the project's schedule. Meetings: One (1) project kick-off call to initiate the entire project, discuss data needs, and address policy issues. This will be held in conjunction with the kick-off for the cost allocation plan. As mentioned in the cost allocation plan work plan, we suggest combining the kick-off calls to increase efficiency. Deliverables: Wiildan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy decisions (if needed). City: 1) Provide further data needs; and 2) determinelintroduce City's project manager. Task 4: Develop User Fee Model Objective: Develop and test model. Description: This task involves the development of the model ultimately used to calculate the departmental fees, based on data and information gathered in previous tasks and in the Time Survey Interviews described in Task 5. To ensure that City policies are met through the imposition of the calculated fees, the model will be formatted to include appropriate costs. Key model inputs will include staff and allocated overhead costs per position, and relevant budget data on salaries and benefits. Most of this information will be developed during the cost allocation plan phase of this project and will be incorporated directly into the user fee model. We will request clarification and/or additional data if necessary. The model will build upon the cost allocation plan results, to provide an allocation of administrative and overhead costs to fee related activities and departments providing services to customers, so that fees and billable rate schedules incorporate applicable costs. Furthermore, the fees and rates charged to customers will also reflect the cost of the services being provided, to the extent possible given policy and/or political considerations. Deliverables: Willdan: One (1) user-friendly model in Microsoft Excel format, which, when finalized, City staff can use to calculate fee changes annually, or as often as deemed appropriate by the City Council. Task 5: Time Survey Interviews and On -site Information Gathering Objective: Meet with City staff to complete Time Surveys and understand service delivery processes. Description: In order to assist staff with the completion of the survey worksheets, we will schedule one (1) full day of on -site meetings with staff; however, the number of meetings needed may vary depending on the number of staff and departments involved. The Willdan Team will conduct interviews with supervisors/managers, as well as other staff, as deemed appropriate and/or necessary, from each department involved in the user fee study to determine the average time required by City staff to provide each of the services for which a fee is collected. The fee model is designed so that full cost recovery fees are calculated immediately upon input of staff time. These full costs are also compared to current cost recovery levels. This will allow Willdan and City staff to conclude with a final meeting to review the draft full cost recovery fees, and adjust any times as necessary, once all information has been compiled and input into the fee model. We will schedule the interviews with staff to minimize any disruption to their normal workflow. Meetings: One (1) full business day of on -site meetings/staff interviews. Deliverables: Willdan and City: Time surveys and draft full cost recovery fees. NVCOMPREHENSIVE. Comprehensive User Fee 5tudyandCostAflocalion Plan INNOVATIVE. 23 City of Palm Desert, CA TF?LJSTED. Task S: Common Fees Comparison Objective: Examine selected user fees charged by up to five (5) comparable cities in Riverside County, or jurisdictions that are similar to the City of Palm Desert. Description: We will access and use our knowledge of other jurisdictions to benchmark the City's five (5) most common fees or highest yielding fees with comparable jurisdictions agreed. Fee schedules are rarely readily or directly comparable from agency to agency due to definitional and operational differences. For example, a grading permit in one jurisdiction may include the plan check service, while the same permit in another jurisdiction may not, resulting in similar sounding services with widely varying costs. For this reason, Willdan takes a selection of the City's most commonly used and/or highest yielding fees. The survey will contain the following, a comparison of common or similar fees and charges used by the City and other jurisdictions; current and proposed fees and charges unique to the City of Palm Desert; fees and charges used by other public entities not currently used in the City; and If possible, identify characteristics and processes unique to the City that account for significant variances in fees and charges used by other jurisdictions. Deliverables: Willdan: Recommendations provided in Task 8 will incorporate the data gathered during our examination. Task 7: Data Analysis and Final User Fee Schedule Objective: Incorporate information obtained from on -site surveys to fully develop model, Description: We will update the model, based on information received during the on -site surveys, to generate a comprehensive user fee schedule. In addition, it is very common that a supplemental data request may be necessary, based on new fees identified that the City is not currently collecting. Where appropriate, we will suggest and discuss with staff alternate approaches to existing fee programs (i.e. building fees) and suggest potential areas where fees could be collected where they are not currently. We will present the full cost recovery level for fees, both current and projected under the new calculated fees, and revenue projections, given certain assumptions about the levels of subsidy for different fees. Current levels of cost recovery will be compared to actual full costs calculated during the course of this study. Cost will be calculated at reasonable activity levels and include all appropriate direct and indirect costs and overhead. We will review fee programs for compliance with Propositions 218 and 26. in developing the fee schedule, we will make recommendations for new fees where appropriate, based on our experience with other cities. Some areas for new fees may be due to changes in law (legalized cannabis), or for activities that the City finds itself performing regularly, but for which no fee is collected. Where possible, we will incorporate discussion of the City's economic development policies, and where these may intersect with fee programs, for instance setting fees in a manner that encourages certain activities. The user fee data analysis and model development may take three (3) to four (4) weeks with frequent correspondence with City staff to discuss current cost recovery amounts, necessary to recover full cost and frequency activity. Meetings: Conference calls and/or web meetings to finalize fee schedule. Deliverables: Final user fee model for City Council presentation and discussion. Task 8: Prepare and Present Draft Report Objective: Prepare draft report. Description: This task involves the preparation of the draft report that discusses the study's background. the methodologies utilized in the study, and the results and presentation to various stakeholder groups. As noted below, meetings may occur during this or the next task as appropriate. The calculations used to generate the user fee study will be included textually, as well as in easy to understand tables. Individual fee summaries by department and a comprehensive fee schedule will be included. The draft report will include the following: ■ Key results and findings; ■ Basic descriptions of each service; ■ The full cost of each service and current cost recovery levels; A1C,,,,M.VAT1VE_ oPREHENSIVE. Comprehensive User Fee 5[udy and Cos IAllocatic n Plan 24 City of Palm Desert, CA TRUSTED. • Costs broken down graphically into indirect and direct components, with a graphic display of the level of cost recovery; • Fee recommendations with associate levels of cost recovery; ■ Projections of potential fee revenue; ■ Assessment of reasonableness of each City's costs; • Review of reasonableness of current consultant cost structure (for Building Division services); • As appropriate, recommend alternative methodologies for building permit fee calculation; and • Summary and recommendations. The objective of the report is to communicate the recommendation of appropriate fees, which include the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic. Meetings: one (1) conference call with City staff, to present draft results address questions and receive feedback. Deliverables: Willdan: Draft report for City review and comment. City: Review of draft report, with comments and edits. Task 9: Revise Draft Report/Determine Cost Recovery Levels for Recommended Adoption Objective: Review of draft report and fee model. Description: The goal of this task is to conduct an in-depth review of the draft report and model, incorporate feedback and changes as a result of previous discussions, and arrive at an optimum fee structure. Often through the course of an engagement, City staff will volunteer insightful likes and dislikes regarding the existing fee structure. We listen to this feedback carefully because your staff members know the community best. Comments usually revolve around issues of: ■ Understandability; ■ Fairness to applicants; ■ Ease of calculation; ■ Appropriate levels of cost recovery; and • Full cost recovery hourly rates. When adjusting fee recovery levels, we believe it is important to address these concerns. Following one (1) round of comments from City staff on the draft report and feedback from City staff, we will prepare the final report for presentation to the City Council. Meetings: One (1) online demonstration (WebEx) to review the report and model, with any revisions. Deliverables: Draft report, revised draft /final report. Task td: Prepare and Present Final Report/Train Staff on Model Objective: Prepare and present final report to City Council. Train staff on the operation and use of the model for future modifications. Description: This task is the culmination of the entire project. Based on staff comments received regarding the draft report, we will prepare the final report for presentation. Meetings: one (1) meeting with City Council to present the results and adopt the updated fee schedule. We will also provide staff training on the operation and use of the model on the same day, during regular business hours. Deliverables: Provide one (1) electronic PDF file copy of the final report and models; and if requested provide three (3) bound copies, and one (1) unbound copy to the City. Using Microsoft Word and Excel, an updateable electronic copy of the study and models, as well as related schedules, will also be provided on CD/ROM. eannnREHENSIVE. Comprehensive User Fee Study and Co s t A flo calion Plan INNOVATIVE. 25 City of Palm Desert, CA TRUSTED. EXHIBIT "B" SCHEDULE OF SERVICES [SCHEDULE ❑F SERVICES ON NEXT PAGE] (BB&K 2018) Exhibit "B"-1 72500.00001\3160567B.1 Rev 11-9-18 @ C2 a7 U aj a] fA +L+ L) L a? •� L . + CO E iu w in L � T � N 0 C � U L N U N N 7 U 'O R7 tU O U d OJ Q) N (D O L ❑ T C � E W Q� O] C � C C � a) Q N N C 0 CU C L '— N a L N — p 3 E 3 m � '� U di C) s q O w a) N = U � ❑ C [11 N a ima L _E w U a) O U N T N � � m • C L �Na N C a) W fA @ c @ m 7 E c❑ E - va t Cr7 V U Q, C � N C 47 m C O � C ❑ Q D CO UO O N ¢ LL D CL cr UU ❑ 0 C 0 C u . co CO 0 N `7 R) @ @ 7 @ Wm Y U N [U fU1J CL a7 x .9 - ac .V ac ae F H H H H F H IH Cp 1ZZ at 39 ac N CV 7 IA 2 Li w > :11w r o CL Dza 9 )P, I � 2 k 2 2 k & y § ) § R ® p A E �/ /§ c o \ ƒ k ) 0 ? » 2 2 § 7 0 \ \ ° } 0 k / 2 \ ©�2 / § _ 5-- \ } E 7 « M ® 2 � 2 � � � ƒ � �22k\\d7 _�_ & o u \ E 2 L $ / \ § § k § 2 ® CD_ } \ \ o e 2 / >, 2 \ \�\E$§\%\\ f[% t/ k/ \ O�-C o F o m\ 0 c 0- 2 .. « ƒ$ \k . \I §� ao g ƒ ƒ 'k 0 / / } o '/ 2 a [ / f-W LU w LL § \ k \ / c ƒ\k7\ I U E \ E \ If Lb } 6O\/c 2 .q 7 \ / \ I E 6 c U KKmmx q � f k 3 a) UJ \ ®GI k / \ \ \ / -0 cr o C2 . �_ § � e % \ \ a / a- § 3 ƒ7 \ L �\\ }z� \>b§7 c & a n �q LO T- 2 m m m m m EXHIBIT "C" COMPENSATION [SCOPE OF SERVICES ON NEXT PAGE] (BB&K 2018) Exhibit T"-1 72500.0000i131605678.1 Rev 11-9-16 5.2.9 Cost Proposal Not -to -Exceed Willdan Financial Services t"W illdan"j proposes a not -to -exceed fixed fee of $35,855 for the Full Cost Allocation Study, OMB Compliant Cost Allocation Plan and Comprehensive User Fee Study engagement. Below we have presented a breakdown of each specific phase of the project. Full and OM13 Compliant Cast Allocation Plan Based on the corresponding work plan identified within Willdan's Technical Proposal, we propose a not -to -exceed fixed fee of $10,970 to prepare a Full and OMB Compliant Cost Allocation Plan. The table below provides a breakdown of this fee by task and project team member - Fee Proposal C. Fisher T. Thrasher P. Patel R Quaid Principal -in- Tech Project Analytical QAITeeh Charge Manager support Advisor Total 5 250 5 165 $ 125 $ 210 Hours cost Scope of Services Task 1: Initial Document Request - 1.0 1.0 - 2.0 $ 290 Task 2 Kick-off (Refine Scope 1.0 1.0 2.0 - 4.0 665 Task 3: Gather staffing Information, Develop Cast Allocation Plan Model 1.0 6 0 16.O - 23.0 3,240 Task 4: Test and Review Cast Allocation Methodology 2.0 4.0 8.0 1.0 15.0 2,370 Task 5: Prepare and Present Draft Report 1.0 2.0 &0 1.0 12.0 1,790 Task 6: Discuss and Revise Report 1.0 2.0 5.0 - 8.0 1,205 Task 7: Prepare and Present Final Report/Train Staff on Model 2A 4.0 2.0 - 8.0 1,410 Total - Full Cost Allocation Plan :0 20.0 Comprehensive User Fee Study Based on the corresponding work plan identified within Willdan's Technical Proposal, we propose a nor -to -exceed fixed fee of $24,885 to prepare a Comprehensive User Fee Study. The table below provides a breakdown of this fee by task and project team member Fee Proposal C. Fisher T. Thrasher P. Patel R. Quaid Principal -in- Tech Project 14giytical QWOCh Charge Managler __ _ Support Advisor Total 5 250 $ 165 $ 125 $ 210 Hours cost Scope of Services Task 1: Initial Document Request 1.0 1.0 - 2.0 S 290 Task 2: Compile Inventory of Current and Potential Fees - 1.0 2.0 3.0 415 Task 3: (tick -off !Refine Scope 1.0 2.0 2.0 5.0 830 Task 4: Develop tJser Fee Model - 5.0 16.0 21.0 2,825 Task 5: Time Survey Interviews and Information Gathering 4.0 8.0 8.0 - 20.0 3,320 Task 6: Common Fees Comparison 1.0 6.0 12.0 19.0 2,740 Task 7: Data Analysis and Final Fee and Rate Schedule 2.0 6.0 32.0 2.0 42.0 5,910 Task 8: Prepare and Present Draft Report 2.0 6.0 16.0 1.0 25.0 3,700 Task 9: Revise DraWDetermine Cast Recovery Levels 1.0 &0 8.0 2.0 ' 19.0 2,990 Task 10-. Prepare and Present final ReporUTrain Staff on Model 2.0 6.0 3.0 - 11.0 1,865 Total - User Fee Study i 49.0 1WO 5.0 COMPREHENSIVE. Comprehensive User Fee Study and Cos IARocation Plan INNOVATIVE. TRUSTED. Crfy of Palm Desert, CA Notes • The cost of preparing the User Fee Study and Cost Allocation Plan can be included in the resulting new fee schedule. Therefore, over time, the City can recover the initial outlay of funds that was required to complete the studies. • Our fee includes all direct expenses associated with the project. • We will invoice the City monthly based on percentage of project completed. ■ Additional services may be authorized by the City and will be billed at our then -current hourly overhead consulting rates. • City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan 's rates in effect at the time of such response. Hourly Fee Schedule ❑ur current hourly rates are listed below. Position Hourly Rate Group Manager $250 Managing Principal $240 Principal Consultant $210 Senior Project Manager $185 Project Manager $165 Senior Project Analyst $135 Senior Analyst $125 Analyst II $110 Analyst 1 $100 COMPREHENSIVE. Comprehensive User Fee Sludy and Cosf Afiocation Plan INNOVATIVE. 2 City of Palm Desert, CA TRUSTED