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Koppel & Gruber Public Finance A2015-82 AGREEMENT NO. A15-8.-2..-- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND KOPPEL & GRUBER PUBLIC FINANCE THIS AGREEMENT, made and entered into this 10th day of March 2015, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and KOPPEL & GRUBER PUBLIC FINANCE hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on April 1, 2015. 2. STATUS OF CONSULTANT. Consultant is and shall at all times { remain as to the City a wholly independent contractor. The personnel performing -1- the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control, Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and Its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL, Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all -2- to any Agreement proposed staff members performing services under this A g prior such performance. 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof, Total compensation shall not exceed $10,700.00. Payments shall be made within thirty(30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed ' I by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. -3- 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on August 1, 2015, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, -4- shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response -5- to a subpoena or court order shall not be considered "voluntary' provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder, Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an -6- officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. -7- (b) Consultant Is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or Is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall Indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the lndemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to -8- be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or In connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. -9- (c) Workers' Compensation Insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, If Commercial General Liability Insurance or other form with a general aggregate limit Is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injuryand property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: -10- (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) 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. -11- (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall -12- procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and 13 i II supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW, The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. -14- 1 The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this • Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Lyn Gruber Koppel & Gruber Public Finance 334 Via Vera Cruz, Suite 256 San Marcos, CA 92078 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. -15- 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibit; this Agreement supersedes any conflicting provisions. 25, SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. KOPPEL & GRUBER PUBLIC FINANCE Title I,M/1<146/)r11 CITY OF CHINO HILLS II By Konradt Bartlam, City Manager -16- _ t,1UNICIPAtITIES I Sr'IOU!bISTUICTB'.i CITIES i CCUtItiES 1 PAHY.R HECHFATIUtiI WATER DISTHICS I OUNIDII'AUrESI SCUrJ,J GISIhICI. I COSl,R1.11 ,E$. ,q t � ,1 Y# ° r kat `i : ' i /ill ke r .x"-x.. -- .I I EXHIBIT A Off UI'cil1W IIII.IS I PROPOSAL,TO PROVIDE PROPOSITION 218 SEWER RATE INCREASE NOTICING SERVICES FOR 2015 JANUARY 30, 2015 PUIILIC 'AMAIN( . 33.1 VIA \'IU A CIkU%,SL ITE 25(r SAN MARCOS CA lilt)RN I A 921)78 T. 760.5.111:029U. 1'.760.51(1:0288 IKON)iiid$Cril{ 1' I1 II I. I C F I N A N C I: January 30, 2015 Via Email Ms, Christina Shilling Administrative Analyst City of Chino hlills 14000 City Center Drive China Hills, CA 91709 RE: Proposal to Provide Proposition 218 Sewer Rate Increase Noticing Services for 2015 Dear Ms. Shilling: Thank you for the opportunity to propose on providing the City of Chino Hills ("City") with the 2015 proposed Sewer Rate Increase Noticing Services as required by Proposition 218. In response, Koppel & Umber Public Finance is pleased to present our qualifications and proposal to assist the City with this project. Lyn Gruber will act as project manager for the City. She 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. Scott Koppel 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, 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 the if you have any questions about our proposal. My telephone number is (760) 510-0290 or you may email meat lyn@kgpf.net, Sincerely, Lyn Gruber Principal 334 VIA VERA CRUZ, SUITE 256 0 SAN MARCUS, CALIFORNIA o 92.078 760.510.0200 FAX 760.510.0288 TABLE OF CONTENTS I. PROJECT UNDERSTANDING&PROPOSED WORK PROGRAM 1 II. SERVICE RATE INCREASE SCOPE OF SERVICES 2 A. CLIENT RESPONSIBILITIES 3 III. PROJECT TEAM 4 IV. FEES FOR SERVICES 5 I. PROJECT UNDERSTANDING&PROPOSED WORK PROGRAM We understand that the City of Chino Hills ("City") has determined that the sewer service fee (the "Service Fee")must be increased in order to remain fiscally sound. In order to increase the Service Fees, 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 Service Fees 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 Service Fee rate increase would need to provide some sort of written protest to the Service Fee 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, the City desires to mail a protest ballot form ("Protest Form") along with the required Public Bearing 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 Service Fee Protest Form is not n 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 weight 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. For a mailing of this size, we recommend utilizing a full service mailing house to print and mail the Notices and Protest Forms that have been prepared by K&O Public Finance 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, 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 Service Fee increase. Following the conclusion of the Public Hearing the Protest Forms may be tabulated and, if there is not a majority protest against the proposed Service Fees increase, the City may impose the new increased Service Fees. Based on the 2012 mailing, we estimate the City will need to mail Notices to approximately 28,200 property owners and rate payers subject to the proposed sewer rate increase. We would recommend that the City also include a formula (ie: CPI, increase in the pass through costs of providing sewer, etc.) to provide for an annual increase to the Service Pees for the next five (5) years as allowed for by Proposition 218. For the City, we have put together a team that has both the technical and institutional knowledge of the Proposition 218 requirements for raising the sewer fee in order to conduct all the services requested in a professional and timely manner. Lyn Umber will act as project manager for the City. She 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. Scott Koppel 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, Scott Koppel is also designated us the alternative project manager, 1 IL SERVICE RATE INCREASE SCOPE OF SERVICES Based on our project understanding,IS&G Public Finance proposes the following scope of services. S I1f ,klR`O.s u-x z PERSONNEL v• x _ _ , TASK .., t, �tin�.0 4 Hours Principal 1) Consult with the City staff to determine project timeline, Protest Forms procedures, and public hearing Notice text. 40 Hours Principal, Senior 2)Prepare a property owner/rate payer mailing database to be Associate used for noticing purposes. This database will be a combination of the County's 2014/2015 secured roll as well as Service Fee customer account information provided by the City. We find that this task is the most time intensive due to the matching of the County data to the City's customer database. 2 Hours Principal, Senior 3)Prepare a Notice of Public Hearing and Rate Increase in Associate compliance with the requirements of Proposition 218. The Notice of Public Hearing and Rate hrcrease shall provide information regarding the proposed Service Fee. 2 Hours Principal, Senior 4) Prepare a Protest Form in compliance with the requirements Associate of Proposition 218 and Government Code Section 53750 though not statutorily required. 5 Hours Associate 5)Research undeliverable addresses as provided by mailing house. 4 FIours Senior Associate 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 Fee. 8 Hours Principal, Senior 7) Handle property owner phone calls regarding the proposed Associate rate increase and the Proposition 218 protest procedures, 4 FIours Principal, Senior 8) Attend at least the public hearing and/or meetings with the Associate City Council. Offer testimony regarding the mailing of the Notice of Public Hearing and Rate Increases. 11 Hours Principal, Senior 9) Tabulate returned Protest Forms at the close of the public Associate hearing.Due to the volume of potential Protest Forms,the city may want to consider counting the Protest Forms the day following the public hearing. 2 III. PROJECT TEAM Lyn Gruber _ A seasoned professional with over twenty years of experience in public finance, Principal ` Lyn focuses her attentions on CFD formations & administration, special projects, and Proposition 218 compliance.Lyn is currently serving on the Board of Directors for the Coalition for Adequate School Housing (CASH).While consulting primarily Over 20 years with school districts and cities, she has formed hundreds of Mello-Roos Community cxpefle;;ce in public Facilities Districts and maintenance assessment districts, including landscape and finance 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 Expert insights and her expert insights and strategies on CFD Formations, She was also selected to strategies on°-CFO provide expert witness testimony regarding CFDs in lawsuits filed in San • formations 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. • Scott Scott has worked more than 25 years as a consultant, financial analyst and Principal 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 Ore;'25 years F Roos pooled structures. Mr. Koppel's expertise and knowledge of Proposition 218 experience 3 has led to the successful formation of many maintenance districts including landscaping and lighting districts and benefit assessments. Mr. Koppel has spoken MI3Afront Gal State on Fire Benefit Assessments at the California Special Districts Association's San Marcos. ' (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. .Douglas Floyd =`, Douglas has approximately ten years experience in public finance primarily Senior Associate ' providing consulting services for school districts. Douglas specializes in the ongoing • administration of special tax liens and fixed assessments and has provided Managed over 100 ' administrative services for over 100 districts. In addition, Douglas has assisted in the Special Districts formation of several Proposition 218 notice and ballot projects, Mello-Roos Community Facilities Districts as well as the preparation of Fee Justification Specializes in Studies, School Facilities Needs Analysis and bond issues to finance public ongoing improvements. Douglas graduated with honors from the University of California, administration Riverside,receiving a Bachelor of Science degree in Business Administration. 4 IV. 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 $10,700.00 Expenses hr addition to the project Services 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(not including notice&ballot printing and postage), courier services, and overnight delivery at our cost not to exceed $500.00. 'We estimate the printing of notices and ballots to range between $0.65 - $1.50 per parcel depending on the use of color, black and white and number of items and pages in the mailing. (The cost for printing the 2012 notices was approximately$0.55 a piece, including postage, which totaled$15,572.)We will bill the City the actual cost of the printing and mailing with no additional mark up, Proposition 218 requires the notices be mailed by first class mail, postage will be calculated based on the number of notices actually mailed. 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. Principal $180 I Senior Associate I 130 Associate 95 I Administrative Analyst 65 5