CONTRACT 5957 Professional Services Agreement CLOSEDAgreement No. 5957
Agreement No. [City Clerk assigns]_
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
.,' THE CITY OF EL SEGUNDO AND
KOPPEL & GRUBER PUBLIC FINANCE
This AGREEMENT is made and entered into this 26th day of August, 2020, by and
between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and KOPPEL & GRUBER PUBLIC FINANCE, a California Corporation
("CONSULTANT"). The parties agree as follows:
1. CONSIDERATION,
A. As partial consideration, CONSULTANT agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not
to exceed Twenty Thousand dollars ($20,000) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless
otherwise specified by written amendment to this Agreement, CITY will pay
this sum as specified in the attached Exhibit "A," which is incorporated by
reference.
2. SCOPE OF SERVICES,
A. CONSULTANT will perform services listed in the attached Exhibit "A,"
which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and
facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONSULTANT by this
Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at
the time of performance utilized by persons engaged in providing similar services. CITY
will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of
any deficiencies and CONSULTANT will have fifteen (15) days after such notification to
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cure any shortcomings to CITY's satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit "A") the tasks performed, the percentage of the task completed during the billing
period, the cumulative percentage completed for each task, the total cost of that work
during the preceding billing month and a cumulative cash flow curve showing projected
and actual expenditures versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT
for current services are within the current budget and within an available, unexhausted
and unencumbered appropriation of the CITY. In the event the CITY has not
appropriated sufficient funds for payment of CONSULTANT services beyond the current
fiscal year, this Agreement will cover only those costs incurred up to the conclusion of
the current fiscal year.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONSULTANT discover any latent or
unknown conditions that may materially affect the performance of the
services, CONSULTANT will immediately inform CITY of such fact and will
not proceed except at CONSULTANT's own risk until written instructions
are received from CITY.
7. TERM. The term of this Agreement will be from August 24, 2020, to December
31, 2020. Unless otherwise determined by written amendment between the parties, this
Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
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B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under
Section 22 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at
CONSULTANT's own risk.
9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the
contracted services. If delay occurs, CONSULTANT must notify the Manager within
forty-eight (48) hours, in writing, of the cause and the extent of the delay and how such
delay interferes with the Agreement's schedule. The Manager will extend the completion
time, when appropriate, for the completion of the contracted services.
10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the
main body of this Agreement takes precedence over the attached Exhibits; this
Agreement supersedes any conflicting provisions. Any inconsistency between the
Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit: A: Scope of Work.
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum
and the contract time will be adjusted accordingly. All such changes must be authorized
in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting
from changes in the services will be determined in accordance with written agreement
between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required in connection with the performance of services under
this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any
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rights CITY may have under this Agreement or of any cause of action arising from
CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant,
or condition contained in this Agreement will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition contained in
this Agreement, whether of the same or different character.
15. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's
mutual consent. Notice will be in writing at least thirty (30) days before the
effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the
termination notice. Except as otherwise provided in the termination notice,
any additional work performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT's own cost; CITY
will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
satisfactorily completed up to the effective date of notice of termination, not
to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement are
CITY's property. CONSULTANT may retain copies of said documents and materials as
desired but will deliver all original materials to CITY upon CITY's written notice. CITY
agrees that use of CONSULTANT's completed work product, for purposes other than
identified in this Agreement, or use of incomplete work product, is at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
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work, prepared pursuant to this Agreement, will be rete
other person or public CITY without CITY's prior written
including graphic display information to be published in
be approved and distributed solely by CITY, unless
agreement between the parties.
18. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
ased by CONSULTANT to any
approval. All press releases,
newspapers or magazines, will
otherwise provided by written
L Indemnification for Professional Services. CONSULTANT will
save harmless and indemnify and at CITY's request reimburse
defense costs for CITY and all its officers, volunteers,
employees and representatives from and against any and all
suits, actions, or claims, of any character whatever, brought
for, or on account of, any injuries or damages sustained by any
person or property resulting or arising from any negligent or
wrongful act, error or omission by CONSULTANT or any of
CONSULTANT's officers, agents, employees, or
representatives, in the performance of this Agreement, except
for such loss or damage arising from CITY's sole negligence or
willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies
and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its
performance, except for such loss or damage arising from
CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by
suit or otherwise, whether the same be groundless or not,
arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 22, and any approval
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of said insurance by CITY, are not intended to and will not in any manner
limit or qualify the liabilities and obligations otherwise assumed by
CONSULTANT pursuant to this Agreement, including, without limitation, to
the provisions concerning indemnification.
19.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and
the manner in which it is performed. CONSULTANT will be free to contract for similar
service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control
over the work means that CONSULTANT will follow the direction of the CITY as to end
results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. CONSULTANT will retain such financial and program service
records for at least three (3) years after termination or final payment under this
Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and maintain
the following types of insurance with coverage limits complying, at a
minimum, with the limits set forth below:
Tve of Insurance
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
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Limits
$2,000,000
$1,000,000
$1,000,000
Statutory requirement
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B. Commercial general liability insurance will meet or exceed the
requirements of the most recent ISO -CGL Form. The amount of insurance
set forth above will be a combined single limit per occurrence for bodily
injury, personal injury, and property damage for the policy coverage.
Liability policies will be endorsed to name CITY, its officials, and
employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other
insurance that may be carried by CITY will be excess thereto. Such
endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance will be on an "occurrence," not a "claims made,"
basis and will not be cancelable or subject to reduction except upon thirty
(30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such
coverage is available, or on a "claims made" basis if not available. When
coverage is provided on a "claims made basis," CONSULTANT will
continue to renew the insurance for a period of three (3) years after this
Agreement expires or is terminated. Such insurance will have the same
coverage and limits as the policy that was in effect during the term of this
Agreement and will cover CONSULTANT for all claims made by CITY
arising out of any errors or omissions of CONSULTANT, or its officers,
employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement and such other evidence of insurance or copies of policies as
may be reasonably required by CITY from time to time. Insurance must be
placed with insurers with a current A.M. Best Company Rating equivalent
to at least a Rating of "AMI."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from
payments due to CONSULTANT under this Agreement or terminate
pursuant to Section 155.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such
approval must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative
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description of progress during the past month for each major task, a description of the
work remaining and a description of the work to be done before the next schedule
update.
25. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
If to CONSULTANT:
Koppel & Gruber Public Finance
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
Attention: Scott Koppel
Phone: (760) 510-0290
Email: scott@kgpf.net
If to CITY:
City of EI Segundo
350 Main Street
EI Segundo, CA
Attention: Joseph Lillio
Phone: (310) 524-2318
Email: jlillio@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed
nor retained any company or person, other than CONSULTANT's bona fide employee, 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 CONSULTANT's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without
liability.
28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
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30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. This Agreement will bind and inure to
the benefit of the parties to this Agreement and any subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently
review this Agreement with legal counsel. Accordingly, this Agreement will be construed
simply, as a whole, and in accordance with its fair meaning; it will not be interpreted
strictly for or against either Party.
33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to
Agreement and to engage in the actions
modified by written amendment.
authorize the undersigned to execute this
described herein. This Agreement may be
35.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by electronic (pdf) or facsimile transmission. Such
electronic or facsimile signature will be treated in all respects as having the same effect
as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, acts of terrorism, war, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' reasonable
control, then the Agreement will immediately terminate without obligation of either party
to the other.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness
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and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience,
service experience, completion ability, personnel, current workload, experience in
dealing with private consultants, and experience in dealing with public agencies all
suggest that CONSULTANT is capable of performing the proposed contract and has a
demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
[Signatures on next page]
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Agreement No. 5957
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IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY) OF EL SEG DO KOPPEL & GR, JBE�R PUBLIC FINANCE
/� ✓�.
itnick, Scott Koppel
City Manager Principal
ATTEST,—'
for
Tracy Weaver,
City Clerk
APPROVED AS f�TO FORM:
y/ 1 LSC for
Mark D. Hensley, U
City Attorney
Digitally signed by Joseph LIIIIo
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Josephnv'PpY.A,rulua ud F'���nnrree,
nrcrvduEn�lmlllenro�x7amyyia�+d�5� org, r—U5
F)"t JWD1001 tla `A40-67'06'
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CITY OF EL SEGUNDO
PROPOSAL TO PROVIDE
PROPOSITION 218 NOTICING
SERVICES FOR WATER AND WASTE
WATER RATE INCREASES
AUGUST 20, 2020
August 20, 2020
Via Email
Joseph Lillio
Director of Finance
City of El Segundo
250 Main Street
El Segundo, CA 90245
Agreement No. 5957
RE: Proposal to Provide Proposition 218 Noticing Services for Water and Waste Water
Rate Increases
Dear Mr. Lillio:
Thank you for the opportunity to propose on providing the City of El Segundo ("City") with the
Proposition 218 Noticing Services for Water and Waste Water Rate Increases. In response,
Koppel & Gruber Public Finance ("K&G Public Finance") is pleased to present our
qualifications and proposal to assist the City with this project.
Scott Koppel will act as project manager for the City. He will be the City's day to day contact
and will be responsible for accurate and timely delivery of work product, attendance and
participation at meetings and will be available to make presentations at the City Council. Lyn
Gruber and Douglas Floyd will provide assistance on the project and will assist with preparing
the mailing and rate database, coordination of the mailing of the notices, handling property
owner phone calls and tallying the protest forms.
We look forward to assisting the City with this important project. Please feel free to contact me if
you have any questions about our proposal. My telephone number is (760) 510-0290 or you may
email me at scoff@kgpf.net.
Sincerely,
le 40eX
Scott Koppel
Principal
334 VIA VERA CRUZ, SUITE 256 • SAN MARCOS, CALIFORNIA • 92078
760.510.0290 FAX 760.510.0288
Agreement No. 5957
TABLE i, CONTENTS
I. EXECUTIVE SUMMARY. ........................ I ........................... I .................................. I
II. SCOPE OF SERVICES AND METHODOLOGY ................................................. 3
A. SCOPE OF SERVICES........................................................................................................ 3
B. CLIENT RESPONSIBILITIES............................................................................................ 3
III. PROJECT TEAM........................................................................................................... 4
IV. FEES FOR SERVICES................................................................................................ 5
EXPENSES.................................................................................................................................... 5
ADDITIONALSERVICES................................................................................................................ 5
Agreement No. 5957
®EXECUTIVE SUMMARY
We understand that the City of El Segundo ("City") has determined that Water and Waste Water
Rates ("Services" or "Rates") will need to be increased. Therefore, the City will be completing the
protest procedure for the Rate increases. Koppel & Gruber Public Finance ("K&G Public Finance")
has previously assisted the City with the required noticing for trash rates in 2018.
In order to increase the Rates, the City will need to follow the procedural requirements of Proposition
218. In July 2006, the California Supreme Court decided the Bighorn -Desert View Water Agency v.
Beringson case and held that for Rates charged based on consumption, public agencies must comply
with the noticing requirements of Proposition 218 and the majority protest procedures (more than half
of the property owners subject to the Rate increase would need to provide some sort of written protest
to the Rate increase) and therefore do not require an actual ballot. However, we understand that as an
abundance of caution and to make the procedure as easy as possible for the City's ratepayers and
property owners, the City desires to mail a protest ballot form ("Protest Form") along with the
required Public Hearing Notice ("Notice"). Due to this desire, we recommend that the City consider
complying with the intent of SB 321, which became effective on January 1, 2010 and requires
assessment ballots be mailed in envelopes specifically marked "Official Ballot Enclosed." Since the
Protest Form is not a ballot, perhaps "Official Protest Form Enclosed" is more appropriate in this
circumstance. We also recommend as required in SB 321that the tabulation of Protest Forms be
conducted in public view for monitoring purposes and requires the information used to determine the
validity of each Protest Form be treated as disclosable public records. Additionally we recommend
that the City pass a resolution describing the Protest Form procedures, for example that the protest
form must be signed to be counted as a valid protest, prior to the mailing of the Notices and Protest
Forms.
It is critical to utilize the most up to date County data for property ownership information. Therefore
we would propose using the 2020/2021 Secured Roll that was made available in July 2020 and
update the secured roll with additional information that the City may have and data purchased from a
third party provider who updates ownership changes from the County Recorder. We will then
combine the City's Water and Waste Water account address database with the Secured Roll in order
to determine the property owners and their mailing address that are subject to the Service Rates. For
future rate increases we will use the most current Secured Roll.
For a mailing of this size, we recommend utilizing a full service mailing house to print and mail the
Notices and Protest Forms that will be prepared by Raftelis as well as reviewed and approved by the
City. The mailing house we utilize is experienced in variable data printing critical to customizing
each Notice and Protest Form. Additionally, their software verifies addresses, presorts zip codes and
allows the City to pay the lowest possible 1" class postage rates and lowers the amount of returned
mailings due to invalid addresses. This is the same mailing house we have utilized on past Rate
increases we have assisted the City.
We have developed a scanning software program to assist in the tabulation of the Protest Forms. The
software has a number of features including alerting of duplicate Protest Forms, running tally of
Protests, and record of returned Protests. This program provides the City assurance that the tally was
completed accurately.
Agreement No. 5957
A public hearing will need to be conducted no earlier than forty-five days (45) days after mailing the
Notices to each property owner/rate payer subject to the proposed Rate increases. Following the
conclusion of the Public Hearing the Protest Forms may be tabulated and, if there is not a majority
protest against the proposed Rate increases, the City may impose the new increased Rates after the
required time frames have been completed. Based on the 2020/2021 secured roll and an estimate of
overlapping water and waste water accounts, we estimate the City will need to mail Protest Forms
and Notices to approximately 6,500 property owners and rate payers subject to the proposed Rate
increases.
For the City, we have put together the same team as the trash rate protest. The team has both the
technical and institutional knowledge of the City's prior trash rate protest procedure, Proposition 218
requirements for raising the Rates in order to conduct the services requested in a professional and
timely manner. Scott Koppel will act as project manager for the City. He will be the City's day to day
contact and will be responsible for accurate and timely delivery of work product, attendance and
participation at meetings and will be available to make presentations at the City Council meetings.
Lyn Gruber and Douglas Floyd will provide assistance on the project and will assist with preparing
the mail and rate database, coordination of the mailing of the Notices, tallying the Protest Forms and
handling property owner/rate payer phone calls. Lyn Gruber is also designated as the alternative
project manager.
2
Agreement No. 5957
11. SCOPE OF SERVICES AND METHODOLOGY
mmi
A. Scope of Services
Based on our project understanding, K&G Public Finance proposes the following scope of services.
1) Consult with the City staff to determine project timeline, Protest Forms procedures, and public
hearing Notice text.
2) Prepare a property owner mailing database to be used for noticing purposes. This database will
utilize the County's fiscal year 2020/2021 secured roll as well as current Water and Waste Water
account information provided by the City in order to ensure that we are notifying all potential
rate payers.
3) Review the Notice of Public Hearing and Rate Increase prepared by Raftelis to confirm
compliance with the requirements of Proposition 218.
4) Prepare a Protest Form in compliance with the requirements of Proposition 218 and Government
Code Section 53750 though not statutorily required. Since two rates will be increased, it may be
necessary to have two protest forms.
0 5) Prepare Outgoing Mailing Envelope (No. 10) and Return Protest Form Envelope (No. 9)
6) Coordinate with the printing and mailing house in preparation of the Notice and Protest Forms,
and properly merging the rate information, property owner name, mailing address and the
proposed Service Rate.
7) Handle property owner phone calls regarding the proposed rate increase and the Proposition 218
protest procedures. Property owners that may have more detailed questions will be referred to a
City provided contact.
V 8) Attend the public hearing. Offer testimony regarding the mailing of the Notice of Public Hearing
and Rate Increase process.
9) Tabulate returned Protest Forms and finalize tabulation at the close of the public hearing. Due to
the volume of potential Protest Forms, the City may want to consider counting the Protest Forms
in the morning prior to the public hearing.
.......................
B. Client Responsibilities
In order to provide Notice and Protest Form services we will need the following data from the City:
1. Notice prepared by Raftelis,
2. Proposed rate payer data,
3. Rate information regarding the new rates,
4. Staff reports related to the increases, and
5. Review and approve proofs of Notice, Protest form and any other mailing pieces.
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111. PROJECT TEAm
Agreement No. 5957
Scott has worked more than 25 years as a consultant, financial analyst and
accountant with public agencies throughout California. While serving as project
manager, he has specialized in the formation of 1913/1915 bonded assessment
districts, CFDs and refinancing of outstanding bond issues including the Marks
Roos pooled structures. Mr. Koppel's expertise and knowledge of Proposition 218
has led to the successful formation of many maintenance districts including
landscaping and lighting districts and benefit assessments. Mr. Koppel has spoken
on Fire Benefit Assessments at the California Special Districts Association's
(CSDA) Annual Conference and has been a frequent speaker on district
administration at UCLA and UC Davis extension classes on Special Districts. Mr.
Koppel holds an MBA from California State University San Marcos and a Bachelor
of Arts degree in Business Administration from the University of Washington.
A seasoned professional with over twenty-five years of experience in public
finance, Lyn focuses her attentions on CFD formations & administration, special
projects, and Proposition 218 compliance. Lyn previously served on the Board of
Directors for the Coalition for Adequate School Housing (CASH).While consulting
primarily with school districts and cities, she has formed hundreds of Mello -Roos
Community Facilities Districts and maintenance assessment districts, including
landscape and lighting, community services, benefit assessment, and CFDs that
provide for police and fire services. Ms. Gruber is well known in the municipal
finance community for her expert insights and strategies on CFD Formations. She
was also selected to provide expert witness testimony regarding CFDs in lawsuits
filed in San Bernardino and Kern Counties and has spoken regarding CFDs to the
Municipal Management Analysts of Northern California (MMANC) and CASH at
their annual conferences. Ms. Gruber holds a Bachelor of Arts from California State
University at San Bernardino.
Douglas has approximately sixteen years' experience in public finance primarily
providing consulting services for school districts. Douglas specializes in the ongoing
administration of special tax liens and fixed assessments and has provided
administrative services for over 100 districts. In addition, Douglas has assisted in the
formation of several Proposition 218 notice and ballot projects, Mello -Roos
Community Facilities Districts as well as the preparation of Fee Justification
Studies, School Facilities Needs Analysis and bond issues to finance public
improvements. Douglas graduated with honors from the University of California,
Riverside, receiving a Bachelor of Science degree in Business Administration.
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Agreement No. 5957
® FEES -FOR SERVICES
K&G Public Finance will bill on a monthly basis based on hours performed on the project. Shown
below is our proposed fee.
Notice of Public Hearing and Proposed Rate Increase Services $11,500.00
Mailing and Printing of Notices and Protest Forms(]) $5,500.00
1. Assumes a double sided notice, single sided protest form with variable printing for both rate increases, No.
10 outgoing window envelope with City logo and printing, and a No. 9 return envelope with City logo and
printing all in black and white (no color.) Assumes 6,500 mailings based on the Secured Roll and an
estimate of water and waste water accounts. If the number of mailings increases significantly, this estimate
may need to be revised.
Expenses
In addition to the project fee shown above are other expenses and printing and mailing costs. K&G
Public Finance shall be reimbursed for other expenses including travel, county data sources, postage,
courier services, and overnight delivery at our cost not to exceed $500.00.
Additional Services
If authorized by the City, K&G Public Finance will provide additional services not included in the
above scope of services at the hourly rates provided below unless otherwise agreed upon between the
City and K&G Public Finance.
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Principal $240
Senior Associate 185
Associate 135
Administrative Analyst 85 V