HomeMy WebLinkAbout2006 CON Maximus - Cost Fee AnalysisAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
MAXIMUS
THIS AGREEMENT is entered into this 10th day of July, 2006, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the
MAXIMUS, a corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide an
update to the cost of services/user fees analysis performed in 2004.
WHEREAS, the CITY has determined that the CONTRACTOR is a
corporation and is qualified by experience and ability to perform the services desired by
the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "1".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services,
except as authorized in advance by the CITY. The CONTRACTOR shall appear at
meetings cited in Exhibit "1" to keep staff and City Council advised of the progress on
the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
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corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 15% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Kathleen Trees hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the
CONTRACTOR. Manfred G. Endres thereby is designated as the Project Director for
the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "1 "shall not exceed the
schedule given in Exhibit "1" (the Base amount) without prior written authorization from
the Project Director. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit "A"as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "2".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
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The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
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regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any
unique products, treatments, processes or materials whose availability is critical to the
success of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action
to insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
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layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not .disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers
and employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
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acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $ 2,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A-VII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
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dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
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E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery
to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified
above shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Kathleen Trees
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Manfred G. Endres, Sr. Vice President
MAXIMUS
17310 Red Hill Ave., Suite 340
Irvine, CA 92614
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
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of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21
by the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together,
shall constitute but one and the same instrument.
C. Captions. Any captionsto, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
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agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
MAXIMUS
(Corporation — signatures of two corporate officers)
(Partnership — one signat )
(Sole propri orship —onignat re)
By:
Chris / _ a, Thy Manager (Na 4e
Vrc� PQ�S��f�;
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
(Title)
(Name)
V/
a c
(Title)
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Attachment: Scope of Services -
Ms. Kathleen Trees
Building Official
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Kathleen,
February 13, 2006
This responds to your request for an update of the user fee analysis delivered
to the City last year. As I understand the current situation, several of the
previous (City) participants are no longer with your organization, and the new
personnel wish to re-evaluate earlier assumptions, and add new fees.
Many of our clients request periodic updating of the fee analysis. There are
two primary options, with several intervening alternatives:
144, Financial Overlay— This is the simplest, and least costly option. In this
update, we re-enter the current financial information (salaries, expenses)
and make minor time -to -complete changes.
Full Re-evaluation — At the other end of the spectrum, this option heads
back close to "ground zero." We examine the entire analysis for (1) time
and process shifts, and (2) organizational shifts. In this option we re -
interview staff to gain updated insight into current workloads, new fee
opportunities, and anticipated future actions.
My assumption is that you are interested in the Full Re-evaluation option.
Frankly, I think it is a cost-effective decision because the potential to enhance
the original model's findings far outweighs the study fee. We find (in both cost
plan and user fee studies) that there is a significant improvement from the first
analysis to the second study. In the interim, staff has had a chance to better
reflect on originally provided information, they see areas for improvement,
and the impact of the study's outcomes is clearer. Subsequent updates show
less dramatic increases.
An additional case for the proposed option is that since we completed your
study, we have rolled out a new user fee computer model that provides for
increased management information. The previous model captured time data
at the "fee" level, i.e. we asked staff how much time was spent on, for
example, a site plan review. Out new model is structured on an activity based
costing platform...in which we capture the "processes" that make up the fee.
A bottom line costs is still produced, but our clients can now see the individual
components of the fee activity. It provides a "target of opportunity" to see
where improvements might be made, although it is by no means an
EXHIBIT 1
operations improvement study. Appendix A provides an overview of the new
methodology, which we call "Process Analytics".
The original study included both a cost plan and fee analysis on the building,
planning, engineering, police, and recreation programs and totaled $48,000.
We do not believe it is necessary to re -do the cost plan, unless you believe it
to be appropriate. We can increase the allocations by the city's most recent
salary/benefit MOU agreements.
Please let me know if this scope meets your requirements. I can, of course
modify any component to achieve the City's goals. Hopefully, we can reach
agreement quickly. We should be beginning the City of Chula Vista's Building
Department NEXUS analysis shortly, and an economy of travel time could
reduce overall costs/expense for all concerned.
Manfred Endres, our Regional Sr. Vice President, will be sending you a
signed copy of this proposal. Contracting should be quite simple this time.
Very truly yours,
Richard Pearl
Manager, Client Services
Manfred Endres
Senior Vice President
APPENDIX A
MAXIMUS ACTIVITY BASED COSTING MANAGEMENT MODEL -
PROCESS ANAL YT/CS
When requesting a user fee study, clients typically think in terms of the
consultant providing a listing of the full cost of the jurisdiction's current
and potential fee -for -service activities. MAXIMUS believes our clients
benefit from a better understanding of the cost components of each fee
or activity. To this end, we have designed an analytical model (Process
Analytics) based on the principles of Activity Based Costing.
In effect, "Level 1" gives the client the fee data; "Level 2" provides
insight as to why costs are what they are, and highlights targets of
opportunity for business process re -engineering. An example of the
activity information is displayed below:
35%
30%
25%
20%
15%
10%
5%
O%
1
Non -Specific Activity
■ Intake and Processing
❑ Initial Review
o Detailed Review
■ Follow-up Questions
is Documentation
■ Notification
El Filing and Archiving
At its core, ABC seeks to know what activities, products, and services
really cost, and understand what drives that cost. With this knowledge,
the organization is in a better position to deliver services faster,
cheaper, and more effectively.
in a highly collaborative work session, MAXIMUS will work with staff
and leadership to identify and define those work processes that
produce City services. The list is individualized to each client, although
we can provide general guidelines from other studies. As an example,
for the Planning Division, MAXIMUS consultants will facilitate a
process that identifies mission critical processes and then define those
processes by the activities and tasks that support them. One recent
project resulted in the following partial list of planning processes:
Planning Department
Processes Activity / Definition
Pre application review
Application Intake
Application Review
Environmental Compliance
Development Review Committee
Maintain Legal Documents 'Update zoning ordinance; condition of approval maintenance; zoning
interpretations; legal updates; prepare, print and maintain zoning and general
plan maps; annual Planning Commission Report.
Plan Check (both residential and Review project in plan check; follow up on conditions of approval; site visit
commercial) for project final; review legal agreements (CC&R's development agreements).
A formal meeting over the phone or at the counter. Something involving
extensive discussion beyond normal public information at the counter or
over the phone.
Receive application; enter into database; assign to a planner, create
application file.
Review for completeness; zoning calculations; initial design review; site
visit; prepare findings report, routing plans. Schedule and attend managed
meeting; prepare conditions of approval; prepare and mail letters; close file.
Respond to public inquiries via phone, counter, e-mail associated with a
particular project.
Determine if exempt; prepare initial study; send to responsible agencies;
complete Negative Declaration; filing documents with City recorder.
Development review committee meetings and design review, set agendas,
write and transmit minutes.
Staff will be asked to identify times not to the individual fee, but to each
activity within each fee (examples above) that will build to a fee total.
While this may seem somewhat extreme and an onerous time burden
on staff, we have found that the approach — by more effectively
defining service times at a more detailed level — actually saves time
overall. The reason is that we develop better initial information which
shortens the number of review and fine-tuning iterations. The internal
balancing routines within the Process Analytics model correlate total
time spent to the number of units produced, and compares that total
against a known available number of productive hours. In the end, we
arrive at rock -solid times-to-complete/total cost that balances with
known staff resources. An example of an individual fee is shown
below:
Conditional Use Permit: Child -Care Center
$ 2,094
Application Intake
$ 41
Pre application review
$ 82
Application Processing
$ 165
Application Review
$ 165
Development Review Committee
$ 494
Zoning Administrator Meeting
$ 329
Public Interaction
$ 165
County Board Meetings & appeals
$ -
General Administration
$ 60
Public Counter
$ 388
GIS
$ 53
EPC Maintenance
$ 36
General Plan & Data Maintenance
$ 90
Maintain Legal Documents
$ 26
In addition to the activity costs, we can also assign additional coding —
attributes — to each activity. Attributes are specific characteristics of an
activity. Attribute examples include: mission critical, regulatory
required, value added, non -value added, administrative.
Examples of the output available are shown below:
Activity Definition
30%
25%
20%
15%
10%
5%
0%
1
o Intake and
Processing (b)
• Initial Review (b)
❑ Detailed Review (a)
o Follow-up Questions
(a)
• Documentation
® Final Review
■ Notification
Attribute Analysis
Planning Attribute Costs - Dept Totals
Non Value
Added/M.C.
32%
Mlssion
Critical
30%
Administrate
ve
19%
Agency
Mandates
19%
Administrative
as Agency Mandates
Mission Critical
Non Value Added/M.C.
If, for example, an activity that has significant cost displays low value
added (from the client's perspective), and is not mission critical or
regulatory required, it is a logical candidate for business process re -
engineering.
In summary, Process Analytics will provide City staff not only with a fee
table and projected revenue, but a significantly improved
understanding of the cost and rationale of the activities underlying
each fee.
EXHIBIT 2
The Contractor will complete the work in 3 months from the "Notice to Proceed".
11
Revised April 2005
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
August 11,2006
Manfred G. Endres, Sr. Vice President
Maximus
17130 Red Hill Avenue, Suite 340
Irvine, CA 92614
Project: National City — Update to cost of services/user fees analysis
contract.
Dear Mr. Endres:
On July 10th, 2006 the City of National City and Maximus entered into an
Agreement to update the cost of services/user fees analysis performed in 2004.
We are pleased to enclose one fully executed original contract for your records.
Should you have any questions, please contact the Building and Safety
Department at (619) 336-4210.
Sincerely,
A
Michael R. Dalla
City Clerk
,,A
MRD
Enclosure
cc: Building and Safety
File C2004-1
® Recycled Paper
City of National City
Office of the City Attorney
1243 National City Boulevard., National City, CA 91950-4301
George H. Eiser, III • City Attorney
(619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615
TO: City Clerk
FROM: City Attorney
SUBJECT: Transmittal of Agreement with Maximus
DATE: August 3, 2006
Transmitted herewith are two original agreements with Maximus to perform an updated user fee
analysis. Please keep one original in your files, and transmit one original to Maximus at the
address shown on page 8 of the agreement.
This agreement is within the signature authority of the City Manager, and accordingly, there is
no resolution authorizing the agreement.
GEORGE H. EISER, III
City Attorney
GHE/gmo
Attachments
cc: Assistant City Manager
Acting Director of Building and Safety
9 Recycled Paper