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HomeMy WebLinkAboutSCI Consulting Group 2022-12-07 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 7th day of December, 2022 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and SCI Consulting Group, a corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to providing a Fire Impact Fee Nexus Study ("Nexus Study")for the Ukiah Valley Fire Authority. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $16,140. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment A, which shall include all indirect costs and expenses of every kind or nature, except direct Contract 2223-150 PAGE I OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment A. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Contract 2223-150 PACE 2 OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liabilitv. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liabilitv: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Contract 2223-150 PAGE 3 OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Contract 2223-150 PACE 4 OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final approved invoice for this project. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. Contract 2223-150 PACE 5 OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services Contract 2223-150 PAGE 6 OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 COU No. 2223-150 performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH SCI CONSULTING GROUP ATTN: UKIAH VALLEY FIRE AUTHORITY ATTN: BLAIR E. AAS, PRINCIPAL-DIRECTOR 300 SEMINARY AVENUE 4745 MANGELS BLVD. UKIAH, CALIFORNIA 95482-5400 FAIRFIELD, CALIFORNIA 94534 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: SCI CONSULTING GROUP EDocuSigned by: aAy Qas 12/7/2022 D24F05C3579145A... Date BLAIR E. AAS, PRINCIPAL - DIRECTOR 94-2984547 g 12/7/2022 IRS IDN Number -VALERiE FLORES, FINANCE DIRECTOR SCI CONSULTING GROUP CITY OF UKIAH BY: �� Dec 21, 2022 SAGE SANGIACOMO Date CITY MANAGER ATTEST Dec 22, 2022 Kristine Lawler(Dec 22,2022 13:17 PST) KRISTINE LAWLER Date CITY CLERK Contract 2223-150 PAGE 7 OF 7 DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 SCIConsultingGroup ATTACHMENT A Public Finance Consulting Services Friday, October 7, 2022 Submitted via Email dhutchison@cityofukiah.com Doug Hutchison, Fire Chief Ukiah Valley Fire Protection District 1500 South State Street Ukiah, CA 95482-6709 Re: Proposal for Fire Impact Fee Nexus Study and Other Consulting Services Dear Chief Hutchinson: SrIConsultingGroup ("SCI") is pleased to submit for your review this proposal to provide a Fire Impact Fee Nexus Study ("Nexus Study") for the Ukiah Valley Fire Protection District ("District"). We understand that the District would like to establish a new fire impact fee program to fund the financial impact of new development on the District's fire system. The Nexus Study would establish the legal and policy basis for imposing a fire impact fee on new residential and nonresidential development within the District. Specifically, the Nexus Study and the updated fee program will comply with the substantive and procedural requirements of the Mitigation Fee Act ("Act"), which are as follows: 1. Identify the purpose of the fee. 2. Identify the use to which the fee is to be put. 3. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed ("benefit relationship"). 4. Determine how there is a reasonable relationship between the need for the facilities and the type of development project on which the fee is imposed ("impact relationship"). 5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed ("proportional relationship"). SCI has been serving California public agencies for over 37 years. We firmly believe that our extensive expertise with impact fee programs, the County of Mendocino ("County"), and other fire protection funding mechanisms offers the District the best opportunity to establish a new fire impact fee program in the timeliest, legally compliant,and defensible manner.Over the last few years,we have assisted Hopland FPD, Little Lake FPD, and Anderson Valley FD, in establishing new fire impact fee programs with the County. We also assisted the Little Lake FPD establish a new fire impact fee program with the City of Willits. Fairfield, i ! f! DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 2 Our approach to the Nexus Study would be based on close interaction and coordination with District staff and other key stakeholders. If selected, SCI Consulting Group would provide comprehensive services in a manner that limits the time and resources of the District. The Nexus Study would likely use open-ended facilities standard methodology. Under this widely used method, the District's ratio of existing fire facilities, vehicles, and equipment to new development establishes a facility standard for determining new development's fair share of the cost to improve and expand the District's fire system. These costs are then applied to different land use categories in proportion to the need they create for fire services to establish a cost/fee per square foot. This methodology is widely accepted and provides the District with maximum flexibility in the use of the fee proceeds and longevity in the fee program. We will also justify a portion of District apparatus/vehicle replacement schedule to be funded by the fire impact fee. The Nexus Study would also detail the procedural requirements for adoption of the Nexus Study and the proposed fire impact fee program ("fee program") by the City of Ukiah ("City") and the County. Also, the Act contains specific requirements for the annual administration of the fee program. We look forward to the opportunity to assist the District with this important project and stand ready to proceed. If you would like to discuss any aspect of our proposal, please get in touch with me. I can be reached at 707-816-9101 or via email at blair.aas@sci-cg.com. Sincerely, n` Blair E.Aas Principal - Director cc: Melanie Lee, SCI Consulting Group DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 3 QUALIFICATIONS Established in 1985 in Fairfield, California, ConsultingGroup, a California Corporation, is a recognized public finance consulting firm with leading expertise in assisting California public agencies with local funding of public services and improvements. We also possess industry-leading expertise with the important legal and procedural requirements for establishing development impact fee programs, Community Facilities Districts, Benefit Assessment Districts,and other local financing mechanisms.SCI has prepared over 200 development impact fee nexus studies and facility financing plans.SCI has also formed and annually administers nearly 1,000 special taxes, assessments, and fees over 200 public agencies throughout the State. Blair Aas, Director of Planning Services,will serve as the project manager and the District's primary point- of-contact. Blair is a recognized expert on development impact fees and has served California public agencies as an impact fee consultant for over 20 years. His professional qualifications and a list of relevant project experience are provided at the end of this proposal. SCI FIRE AGENCY CLIENTS (partial list) * Anderson Valley FD El Medio FPD Rodeo-Hercules FPD Anderson FPD Georgetown FPD San Miguel Consolidated FPD Auberry Fire CSA50 Greenfield FPD Shasta Lake FPD Calaveras Consolidated FPD Groveland CSD Sonoma County FPD Cameron Park CSD Higgins FPD Sonoma Valley FPD Carmel Valley FPD Hopland FPD South Lake County FPD City of Manteca Lake Valley FPD South Placer FPD City of Placentia Little Lake FPD Spalding CSD City of Santa Barbara FD Loomis FPD Templeton CSD County of Santa Barbara FD Mi-Wuk/Sugar Pine FPD Truckee FPD County of Placer Monterey County Regional FD Twain Harte CSD Cordelia FPD Newcastle FPD Ukiah Valley Fire Authority Cosumnes CSD Nevada County Consolidated FPD Vacaville FPD Delta FPD North County FPD Valley Center FPD Diamond-Springs El Dorado FPD North San Juan FPD West Patton Village CSD Dixon FPD Penn Valley FPD Wilton FPD Dunnigan FPD Penryn FPD Wheatland Fire Authority Doyle FPD Pioneer FPD Williams Fire Protection Authority East Contra Costa FPD Redwood Valley-Calpella FD El Dorado County FPD Rescue FPD * Fire impact fee programs are El Dorado Hills FD River Delta Fire District bolded. DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 2 REFERENCES Mark Heine, Fire Chief Andres Avila, Fire Chief Sonoma County Fire District Anderson Valley Fire Department 8200 Old Redwood Highway 14281 Hwy 128 Windsor, CA 95492 Boonville, CA 95415 (707) 838-1170 (707) 895-2020 mheine@Sonomacountyfd.org firechief.avcsd@gmail.com Steve Akre, Fire Chief Cathy Moorhead, Deputy City Manager Sonoma Valley Fire District City of Willits 630 2nd Street West 111 E. Commercial Street Sonoma, CA 95476 Willits, CA 95490 (707) 996-2102 (707)459-7121 stevea@svfra.org cmoorhead@cityofwillits.org Michelle Schnitzius Sue Hennike, Deputy CAO Little Lake Fire Protection District El Dorado County, Chief Administrative Office 74 E. Commercial Street 330 Fair Lane Willits, CA 95490 Placerville, CA 95667 (707) 459-7777 (530) 621-5577 schnitziusm@mendocinocounty.org sue.hennike@edcgov.us Kevin McKechnie, Fire Chief Kyle Packham,Advocacy/Public Affairs Director Truckee Fire Protection District California Special Districts Association 10049 Donner Pass Road 1112 1 Street, Suite 200 Truckee, CA, 96161 Sacramento, CA, 95814 (530)414-6871 (916)442-7887 x103 kevinmckechnie@truckeefire.org kylep@csda.net WORK PLAN AND APPROACH Based upon our current understanding of the project,the technical analysis, and services needed by the District,we propose the following scope of work and approach to the project: Task 1: Initial Research and Planning SCI will first coordinate a pre-kick-off meeting to discuss the process of gathering all the available data and capital inventory needed for the project. SCI will review applicable City and County ordinances, the District's Fire Facilities Master Plan, Capital Improvement Plan, and other technical studies and plans related to the funding of the fire facilities, vehicles, and equipment. SCI and the District will then hold a project kickoff video conference to discuss the District's goals and objectives and the proposed methodologies and approaches used to determine the fee. We will also discuss the process of gathering all the available data and fire system inventory needed for the project. SCI understands that the District will provide an inventory of the District's fire facilities, apparatus, vehicles, and equipment; their associated replacement value; and some other statistical data. At the DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 2 project kickoff meeting, SCI and District staff will develop a detailed timeline, task list, and deliverables for the project. Task 2: Impact Analysis and Fee Determination Utilizing the information gathered in Task 1,SCI will determine the maximum fire impact fees to allow the District to expand the fire system to maintain its existing level of service. SCI will determine the District's existing service population and establish a growth projection.The fee cost components will likely include facilities (land, stations, and other buildings), apparatus (engines, ambulances, and other vehicles), and equipment (ancillary and station). Upon completion of the initial cost allocation and fee determination, SCI will meet virtually with District staff to review the technical analysis, key findings, and recommendations and will make any adjustments as necessary. SCI and the District will need to maintain a productive dialogue throughout this process to ensure cost allocation methodologies are technically defensible and comply with the requirements of the Act. Task 3: Nexus Study Administrative Review Draft SCI will then prepare a draft Nexus Study Report for administrative review and comment.The Nexus Study will include a summary of the fee methodology, approach, along with technical analysis and documentation to support the maximum fire impact fee. The Nexus Study will also provide the required findings to demonstrate compliance with the nexus requirements of the Act and recent AB 602 requirements. (Click on link for more information.) Furthermore, the Nexus Study will summarize the adoption, accounting, reporting, and transparency requirements of the Act for implementation and annual administration of the new fee program. Task 4: Public Review Draft and Stakeholder Outreach After a review by District staff,SCI will revise the administrative draft according to one set of consolidated comments from the District. SCI will then provide a Public Review Draft of the Nexus Study and present it and the proposed fee program, as necessary, before the City Council, the County Board of Supervisors, the building industry, area developers, and other key stakeholders as necessary. Additionally, a PowerPoint presentation will be prepared for each meeting to succinctly present the fee program and its relation to the District's plans. SCI can assure the District that readers will find the Nexus Study easy to read, calculations easy to follow, and assumptions well supported and documented. Task 5: Nexus Study Final Report and District Board Approval After incorporating input from the various stakeholders, SCI will make any necessary changes based on one set of consolidated comments from the District, City and County and provide a Nexus Study Final Report. SCI will also review and present the Nexus Study and fee program before the District Board and the public for approval. SCI will also make any revisions to the Nexus Study Final Report, if any, requested by the District Board. SCI will also provide the District with a draft resolution, notice of public hearing, and submittal report for the approval of the fee program. Task 6: City Council Adoption Upon approval of the fee program by the District Board, SCI will also review and present the Nexus Study and fee program before City staff, the City Attorney and eventually the City Council and public for adoption. As necessary,SCI will provide the City with draft ordinance and resolutions, as necessary. DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 3 Task 7: County Board of Supervisors Adoption Upon approval of the fee program by the District Board, SCI will also review and present the Nexus Study and fee program before County staff,County Counsel and eventually the County Board of Supervisors and public for adoption of the fee program to be imposed within the unincorporated area of the District. Task 8: On-Going Fee Administration Guidance At SCI, our work doesn't end with the adoption of the Nexus Study and fee program. After adopting the fee program, SCI will hold a complimentary virtual meeting with responsible District staff to guide them in the implementation and annual administration of the fee program. SCI is also available for ongoing questions regarding the collection, accounting, reporting, transparency, and use of the fee revenue. Involved questions or tasks requiring more than an hour of effort at any time may be invoiced at our current hourly billing rate. Meetings. We anticipate the need for at least one (1) in-person meetings.Additional in-person meetings requested by the District will be billed at our 2022 in-person meeting billing rate for the duration of the project. All other project meetings, stockholder outreach meetings, and presentations will be conducted remotely via video or voice conference. Video and voice conferences are not considered in-person meetings in the Work Plan. Project Deliverables: ■ Information and data request list ■ Project timeline ■ Nexus Study Administrative Review Draft (PDF) ■ Nexus Study Public Review Draft (PDF) ■ Nexus Study Final Report (PDF) ■ List of fire impact fees of comparable jurisdictions ■ Outreach, District Board, Council, County Board presentations (PPT) ■ Draft notice of public hearing (MS Word) ■ Draft approval resolution (MS Word) ■ Draft District Board agenda report ■ Fee Implementation and Administration Training Session PROJECT TIMELINE The timeline will, in part, depend on the availability of the requested data and information from the District. Internal and external stakeholder outreach and the adoption process could take approximately three months to complete. As the Act requires, the fire impact fee may become effective 60 days after Board of Supervisor's adoption. Therefore,we believe the fire impact fee could become effective as early as June 2022, assuming the project commences by November 1, 2022.A more detailed timeline,task list, and deliverables will be developed at the project kickoff meeting in Task 1. DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 4 PROJECT TEAM If selected, Blair Aas, Director of Planning Services, would serve as the project manager and principal-in- charge. Melanie Lee, Senior Consultant, would also be minimally involved with the technical analysis and preparation of the Nexus Study. No subconsultants will be needed for the project. The two of them do not have any work commitments that would interfere with their responsiveness and ability to complete the project within a reasonable timeframe. Blair Aas' professional qualifications and a list of relevant project experience are provided at the end of this proposal. DISTRICT RESOURCES SCI will carry out all tasks specified in the Work Plan and any other related services, as appropriate, for preparation of the Nexus Study.The District would be responsible for the following: ■ Meet or participate in video or voice conference calls periodically with SCI as needed. ■ Provide information and documentation regarding the District's Fire Master Plan, capital improvement plan, service call data, inventory of existing facilities, apparatus, vehicles, and equipment, estimate their associated replacement value, and additional data as requested. ■ Information on planned future development in the fee program area. ■ Designate a District point of contact with authority to act on its behalf regarding the Work Plan. ■ Assist with planning, review, and coordination of action items. ACCOUNTABILITY AND WARRANTIES Our approach to the Nexus Study would be based on close interaction and coordination with District staff, City staff, and other key stakeholders. If selected, SCI would provide comprehensive services in a manner that limits the time and resources of the District following solid project management principles. We will ensure that the project deliverables will be of the highest quality, legally defensible, and delivered timely and on budget. The District or SCI may end the engagement without cause with reasonable written notice. In the event that the engagement is canceled, payment shall still be due for all work performed, including any portion of a task, by SCI through the date of the notification of cancellation. OTHER INFORMATION Employment Policies.SCI Consulting Group ensures compliance with all civil rights laws and other related statutes. SCI does not and shall not discriminate against any employee in the workplace or against any applicant for such employment or against any other person because of race, religion, sex, color, national origin, handicap, age, or any other arbitrary basis. Conflict of Interest Statements. SCI has no known past, ongoing, or potential conflicts of interest for working with the District, performing the Work Plan, or any other service for this project. DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 5 Independent Contractor. If selected, SCI shall perform all services included in this proposal as an independent contractor. Insurance Requirements. SCI carries professional errors and omissions insurance in the amount of $2 million per occurrence and $2 million aggregate. SCI also carries general liability insurance in the amount of$2 million per occurrence and $4 million aggregate. SCI will provide proof of insurance upon request. FEE SCHEDULE/MANNER OF PAYMENT In consideration of the work accomplished, as outlined in the Work Plan, SCI shall be compensated as detailed below.Our professional fees are based on our understanding of the District's needs and the level of effort we expect is necessary to complete the Work Plan successfully. Task 1: Initial Research and Planning $3,020 Task 2: Impact Analysis and Fee Determination $3,460 Task 3: Nexus Study Administrative Review Draft $2,620 Task 4: Public Review Draft and Stakeholder Outreach $870 Task 5: Nexus Study Final Report and District Board Approval $2,180 Task 6: City Council Adoption and Implementation $2,180 Task 7: County Board of Supervisors Adoption $1,310 Task 8: On-Going Fee Administration Guidance No Charge* SUBTOTAL $15,640 Incidental Costs (NTE) $500 TOTAL PROJECT $16,140 After completing each task, SCI shall submit an invoice for the work performed. Payments shall be due and payable upon submitting an invoice for each completed task. Incidental costs incurred by SCI for the purchase of property or statistical data, travel, and other out-of- pocket expenses incurred in performing the Work Plan shall be reimbursed separately at actual cost not to exceed ("NTE") $500 without prior authorization from the District. The Work Plan includes one (1) in-person meeting and assumes all other meetings and presentations will be conducted virtually. Compensation for additional in-person meetings $1,000 per meeting. Involved questions or requested information in Task 8 requiring more than an hour of effort may be invoiced at our current hourly billing rate. Note: The fire impact fees justified by the Nexus Study will include and recover the costs associated with the preparation of the Nexus Study and related consulting services. DocuSign Envelope ID:5D1CF968-065E-417E-BB50-74CCC64469C6 Ukiah Valley Fire Protection District October 7, 2022 Page 6 PROJECT RESUME BLAIR AAS, DIRECTOR Impact Fee Consultant, Principal-in-Charge EDUCATION HIGHLIGHTS Bachelor of Arts, Economics With over 20 years of experience in public finance, Blair Aas has developed Boise State University extensive expertise in assisting public agencies in addressing the financial impact of new development. Blair specializes in creating development impact fee programs, AFFILIATIONS developer mitigation agreements, Mello-Roos CFD formations, and other new City of Vacaville Parks and revenue mechanisms to fund the need for new or increased public services and Recreation Commission facilities. He has conducted over 150 development impact nexus studies and California Special Districts updates over his career. Specifically, he has prepared 25 new fire impact fee Association (CSDA) programs in the last ten years. CSDA Legislative Committee, Blair is a recognized expert on development impact fee programs and a frequent Member presenter on local funding mechanisms for public agencies at annual conferences and California Society of Municipal Finance Officers(CSMFO) area workshops held by the CSDA, CSMFO, FDAC, CalChiefs, CPRS, and CARPD. Blair is a commercial associate member of the California Society of Municipal Finance Fire Districts Association of Officers, a member of the CSDA Legislative Committee and Revenue Expert Working California (FDAC) Group, and Parks and Recreation Commissioner for the City of Vacaville. California Fire Chiefs Association RELEVANT PROJECT EXPERIENCE SPEAKING ENGAGEMENTS Truckee Fire Protection District—Fire Impact Fee Nexus Study and Update (2016, "Strategies to Increase Funding 2022) for Fire Service 101"—California Fire Chiefs Association Annual Sonoma County Fire Agencies—Fire Impact Fee Nexus Studies (2021)—Sonoma Conference,September 2021 County FD, Sonoma Valley FD "The Proper Care and Feeding of Mendocino County Fire Agencies— Fire Impact Fee Nexus Study(2019, 2021)— Developments Impact Programs" Hopland FPD, Little Lake FPD (and City of Willits),Anderson Valley FD -SCI Webinar Series,April 2019 "Revenue Enhancement City of Manteca—Fire Impact Fee Nexus Study(2019) Opportunities and Challenges"— City of Placentia—Citywide Development Impact Fee Nexus Study(2018, 2202) CSMFO Annual Weekend Training Solano County Fire Agencies—Fire Impact Fee Nexus Studies and Updates (2014, Seminar, November 2016 2021)—Vacaville FPD, Dixon FPD, Cordelia FPD, Suisun FPD PUBLICATIONS All El Dorado County Fire Agencies (2015-2019)—Fire Impact Fee Nexus Studies- "Development Impact Fees-New Cameron Park FD, Diamond-Springs El Dorado FPD, El Dorado County FPD, El Standards and Transparency Dorado Hills FD, Garden Valley FPD, Georgetown FPD, Lake Valley FPD, Mosquito Requirements"-CSDA New Law FPD, Pioneer FPD, Rescue FPD Series, December 2021 Amador County Parks—Countywide Park Impact Fee Nexus Study (2016)—Amador "New Development Impact Fee City,Amador County, City of Jackson, City of lone, City of Pioneer, City of Plymouth Restrictions and Reporting Requirements"-CSDA New Law Sacramento County Recreation and Park Districts (2010, 2022)—Park Impact Fee Series, November 2019 Nexus Studies and Updates-Arcade Creek RPD, Carmichael RPD, Fair Oaks RPD, Mission Oaks RPD, North Highlands RPD, Orangevale RPD, Rio Linda Elverta RPD, IMPACT FEE CONSULTANT Sunrise RPD FOR 20 YEARS