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20-046 SCI Consulting Group, Determination, Levy, and Collection of Special Assessment Fees with the County
Page 1 of 9 Professional/Consulting Contracts /Version: April 2020 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1.PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and (“Contractor”), a for , and is effective on the last date signed below (“Effective Date”). 2.SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and incorporated as Exhibit A-A. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on and shall be completed by . The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. SCI Consulting Group corporation determination, levy, and collection of special assessment fees with the County August 31,2021 April 20,2020 August 31,2021 13,750.00 determination, levy, and collection of special assessment fees with the County Page 2 of 9 Professional/Consulting Contracts /Version: April 2020 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5.INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. determination, levy, and collection of special assessment fees with the County Page 3 of 9 Professional/Consulting Contracts /Version: April 2020 6.PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7.OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a)The original Services for which Contractor was hired; (b)Completion of the original Services by others; (c)Subsequent additions to the original Services; and/or (d)Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8.RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available determination, levy, and collection of special assessment fees with the County Page 4 of 9 Professional/Consulting Contracts /Version: April 2020 to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. 9.ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10.PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11.INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a)Breach of contract, obligations, representations, or warranties; (b)Negligent or willful acts or omissions committed during performance of the Services; (c)Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d)Unauthorized use or disclosure of City’s confidential and proprietary Information; (e)Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. determination, levy, and collection of special assessment fees with the County Page 5 of 9 Professional/Consulting Contracts /Version: April 2020 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13.COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. determination, levy, and collection of special assessment fees with the County Page 6 of 9 Professional/Consulting Contracts /Version: April 2020 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14.PROJECT COORDINATION City Project Manager. The City assigns as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15.ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16.TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17.GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of determination, levy, and collection of special assessment fees with the County Ursula Syrova, Environmental Programs Manager, Susan Barnes Senior Consultant Page 7 of 9 Professional/Consulting Contracts /Version: April 2020 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18.ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19.THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20.WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21.ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22.INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23.HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24.SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in determination, levy, and collection of special assessment fees with the County Page 8 of 9 Professional/Consulting Contracts /Version: April 2020 force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25.SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26.NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Attention: Email: To Contractor: Attention: Email: 27.VALIDITY OF CONTRACT This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney’s Office. 28.EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 10300 Torre Ave., Cupertino CA 95014 Ursula Syrova UrsulaS@cupertino.org SCI Consulting Group 4745 Mangels Blvd. Fairfield, CA 94534 Susan Barnes susan.barnes.sci-cg.com determination, levy, and collection of special assessment fees with the County Page 9 of 9 Professional/Consulting Contracts /Version: April 2020 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONTRACTOR By CITY OF CUPERTINO A Municipal Corporation By Name Title Date APPROVED AS TO FORM: HEATHER M. MINNER Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Name Date Title DATE: Tax I.D. No.: John W. Bliss John W. Bliss May 8, 2020 94-2984547 President Heather M. Minner Ursula Syrova Ursula Syrova Environmental Programs Mgr May 18, 2020 May 18, 2020 PROPOSAL FOR THE CITY OF CUPERTINO TO PROVIDE PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICESA MARCH 2020 SUBMITTED BY SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD,CALIFORNIA 94534 PHONE 707.430.4300 FAX 707.430.4319 www.sci-cg.com Exhibit A- Scope of Services (This page intentionally left blank.) March 16, 2020 Roger Lee, Public Works Director City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Re: Levy Administration for the Stormwater Project (existing and new) Dear Mr. Lee: SCIConsultingGroup (“SCI”) is pleased to submit, for your review, this proposal to provide professional consulting and annual levy administration services to the City of Cupertino (“City”). We clearly understand these special levies provide vital funding to the City, and the City is seeking to retain the services of a professional levy administration firm to ensure the continued accurate, legally compliant and efficient collection of these important revenues. Our proposal includes a full, detailed parcel audit of the currently existing 1992 Storm Drainage Service Charge, followed by annual administration of that fee, as well as administration of the 2019 Clean Water and Storm Protection Fee, for up to three years. We respectfully offer the following for your consideration: KNOWLEDGE OF THE CITY OF CUPERTINO AND ITS LOCAL AREA We have worked extensively throughout Santa Clara County. We currently provide assessment engineering and special tax consulting services to Santa Clara County Mosquito District and the Santa Clara County Open Space Authority. In addition, we are currently assisting the City of Cupertino and the City of Los Altos with proposed new property-related fees to pay for storm water services. CONTINUITY OF STAFF AND FIRM SCI has been providing assessment engineering and levy administration services to public agencies for over 30 years. We are exclusively focused on these highly specialized services. Our staff and firm have unmatched continuity. In addition, SCI has retained the same service area focus for all its years of service. UNSURPASSED GROWTH AND FINANCIAL STABILITY As a testament to our capabilities over the last 30 years, we have enjoyed significant organizational growth, adding as clients over 30 public agencies that previously used other firms for their assessment engineering and administration. EXCELLENT AUDITOR REFERENCES Auditors and Tax Collectors witness firsthand the relative quality and accuracy of our special levy submittals, and we maintain excellent relationships with Auditors throughout the State. UNMATCHED ABILITY TO HANDLE LARGE AREA AND COMPLEX LEVIES SCI has successfully formed more agency-wide benefit assessments than all other firms in the State, combined. This is further evidence of our ability to form and administer new assessments and fees. These include new assessments covering all parcels in Alameda, Orange, San Diego, San Joaquin, San Mateo and Santa Clara Counties, and many other large and small assessments, taxes, and fees throughout the State. EXCEPTIONAL TECHNICAL CAPABILITIES Every person in our firm, aside from our clerical staff, is a database expert. We have developed in-house, specialized programs to improve our levy administration services. We are also GIS and mapping experts. We invite you to compare our database and technical expertise with the staff from any other firm. UNMATCHED RESPONSIVENESS AND CUSTOMER SERVICE We invite you to call our toll-free taxpayer inquiry line at (800) 273-5167 and compare our level of service and responsiveness with any other firm. We answer calls directly with knowledgeable levy administration staff. We also provide the highest level of service and responsiveness for all of our clients, including responding to all of our clients within the same day. OUR CLIENTS ARE OUR BEST REFERENCES We sincerely encourage you to speak with any of our clients. They will attest to the comprehensive nature of our services, our level of client responsiveness and our levy administration abilities. This proposal is binding for 90 days from the date of this letter. Please feel free to contact me if you have any questions or comments. I am the President of SCI, and if selected, I will oversee this work for the City. I can be reached at (707) 430-4300 or by e- mail at john.bliss@sci-cg.com. We look forward to the opportunity to meet with the City to further demonstrate why we are best suited to meet the needs of the City. We also look forward to the opportunity to work on this important project and stand ready to proceed. Sincerely, John W. Bliss, P.E. President CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 TABLE OF CONTENTS PROJECT UNDERSTANDING AND OVERVIEW ....................................................1 ABOUT SCI CONSULTING GROUP ....................................................................... 1 ADDITIONAL SCI SERVICES................................................................................ 2 PROPOSITION 218 EXPERTISE ........................................................................... 2 PROJECT TEAM ............................................................................................5 PROJECT METHODOLOGY AND APPROACH .....................................................7 SCOPE OF WORK .........................................................................................9 FIRST YEAR AUDIT PROCESS ............................................................................ 9 PRELIMINARY LEVY DATA ANALYSIS .................................................................. 9 RESOLUTIONS AND OTHER DOCUMENTATION ....................................................10 DETERMINATION AND SUBMITTAL OF FINAL LEVIES AND QUALITY CONTROL ........10 RESPONDING TO PUBLIC INQUIRIES AND APPEALS ............................................10 MANUAL BILLING FOR CERTAIN PROPERTIES.....................................................11 OTHER INFORMATION .................................................................................12 FEE SCHEDULE ..........................................................................................13 CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 (This page is intentionally blank) CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 PROJECT UNDERSTANDING AND OVERVIEW SCIConsultingGroup (“SCI”) is pleased to offer our professional consulting and levy administration services to the City of Cupertino (“City”). SCI understands the City receives important revenues from its 1992 Storm Drainage Service Charge and its 2019 Clean Water and Storm Protection Fee (“levies”). We understand that these very important revenues need to be calculated, administered and collected in a manner that is accurate and efficient. We also have witnessed that if such annual levy administration services are not performed in a comprehensive, intensive and professional manner that includes the more time consuming process of annually identifying every parcel that should be levied, researching all parcel attributes that are used to calculate the levy amounts for each parcel and recalculating and verifying the specific levy for each parcel, the special levy revenues received by the City will not be maximized. In other words, with levy administration, it is easy to cut corners. Cutting corners will save time for the administration consultant but most often costs the public agency in reduced revenues. Rather than cutting corners, we spend significant extra time and effort that has consistently proven to maximize accuracy and maximize your proceeds. As is typical every time SCI takes over annual administration of existing levies, we will perform a comprehensive and thorough review of all parcels for the current fee, as well as the most recent resolutions, staff reports, and other relevant material during the first year. ABOUT SCI CONSULTING GROUP SCIConsultingGroup is a public finance and urban economic consulting firm with over 30 years of expertise in assisting public agencies in California with planning, justifying and successfully establishing new revenues for their service and capital improvement needs and objectives and managing special levies. SCI provides year-round special tax and assessment administration services and planning services for clients throughout California. Our firm currently administers over 600 assessment and special tax districts for over 100 public agencies, comprising over 13,000,000 parcels. SCI’s planning projects have included hundreds of development impact studies, facility and financing plans, demographic studies, cost of service and fee justification studies, and other planning and real estate studies. SCI also offers extensive expertise with the important procedural issues involving benefit assessments, special taxes and fees. The principals at SCI are acknowledged experts on these public financing mechanisms and were involved with the cleanup legislation for Proposition 218. In addition, our firm is a frequent presenter and columnist on assessment ballot proceedings for the American Public Works Association, Association of California Water Agencies, Floodplain CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 Management Association, League of California Cities, California Association of Recreation and Park Districts, California Special Districts Association, California Fire Chiefs Association, California Stormwater Quality Association, California Parks and Recreation Society, Mosquito and Vector Control Association of California, Institute for Local Self Government, California Association of Public Information Officers, Bay Area Open Space Coalition, California Conference of Directors of Environmental Health, Associations of Government and other organizations. ADDITIONAL SCI SERVICES SCI has been effectively serving the needs of public agencies for over 30 years. Our commitment to quality services is attested to by the satisfaction of our clients, the long-term relationships we have developed, and that most of our new business comes through word-of-mouth referrals from satisfied clients. Below is a summary of our services: REVENUE MEASURES o Assessment District Formation and Ballot Proceedings o Mello-Roos Community Facilities District Formation and Ballot Proceedings o Property-Related Fee Determination and Ballot Proceedings o Parcel Tax and Special Tax Measures OPINION RESEARCH AND REVENUE MEASURE FEASIBILITY ANALYSIS PUBLIC FINANCE PROGRAMS AND ALTERNATIVES o Administrative Systems and Custom Software Solutions o LAFCo Annexations and New District Formations o Compliance with Proposition 218 o Continuing Disclosure and Dissemination Services o Parcel Audits and Tax Base Certification PLANNING SERVICES o Cost of Service Analysis and Fee Justification o Demographic Studies o Development Impact Fee Nexus Studies o Developer Negotiations and Full Mitigation Fees o Land Planning and Real Estate Services o Quimby Land Dedication and In-Lieu Fee Studies o School Facility Fee Justification Reports and Needs Analysis o Utility Rate Studies PROPOSITION 218 EXPERTISE We have worked extensively with the leading Proposition 218 specialized attorneys in the State to ensure that all of the levies we manage fully comply with court decisions and guidance, including Silicon Valley Taxpayers Association, CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 Dahms and other critical decisions. If SCI is selected to work with the City, we will perform this important work as a part of our scope of services. EXISTING LEVY OPTIMIZATION EXPERTISE As noted, one of SCI Consulting Group’s primary areas of expertise is the administration of assessments, fees and special taxes for public agencies. With over 30 years of experience in this specialized field, we have never missed a levy submission deadline and have an unparalleled track record of finding additional revenues for agency levies that were previously administered by another firm. In fact, in nearly every case in which SCI has begun to administer special levies that were previously handled by another firm or public agency, we have often uncovered significant additional revenues due to incorrect previous assessment, tax or fee amounts or missing parcels that should be subject to the levies. For example, when we began administering the assessment levies for the City of Palmdale, we uncovered over $152,000 per year in additional revenues due to previously incorrectly assessed properties or missing parcels. Moreover, as noted in the References section, we also uncovered significant problems with the assessments that had been formed and administered by the previous assessment engineering firm. The Cosumnes Community Services District provides another example of our proven ability to deliver the most accurate and revenue-maximized assessments. Prior to 2004, SCI had been providing the levy administration services for the District. In 2004, however, the District board elected to hire another firm for the levy administration services because their fees were slightly lower than SCI’s. In 2008, the District re-assigned the levy administration services back to SCI because they were becoming concerned about missing or inaccurate assessments. Our analysis of the previous administration work found that the District had missed out on over $93,000 per year due to incorrect assessment calculations, or missing parcels that should have been subject to the assessments. We also determined that the other firm simply was not investing the amount of time needed to accurately determine and verify the correct assessment amount for each parcel in the District. The table below summarizes the additional annual revenues we have uncovered for public agencies that previously relied upon another firm or agency to calculate and administer their assessments, fees or special taxes. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 ADDITIONAL ANNUAL SPECIAL LEVY REVENUES FOUND County of Los Angeles $226,000 City of Palmdale $152,000 County of Sonoma $150,000 City of San Diego $108,000 Cosumnes Community Services District $93,000 City of Pinole $84,000 City of Placentia $54,000 City College of San Francisco $50,000 Truckee Fire Protection District $48,000 Mission Oaks Recreation and Park District $35,000 Loomis Fire Protection District $33,700 Santa Clara County Open Space Authority $30,000 North Highlands Recreation and Park District $30,000 City of Vacaville (Over 125 separate districts) $25,000 Fairfield-Suisun Unified School District $25,000 Greater Los Angeles County Vector Control District $24,000 City of Folsom $24,000 West Valley Mosquito and Vector Control District $19,000 Orangevale Recreation and Park District $17,000 Orange County Vector Control District $12,000 Owens Valley Mosquito and Vector Control District $10,600 Claremont Unified School District $10,000 Walnut Creek School District $9,100 East County Fire Protection District $8,500 El Dorado County Fire Protection District $7,000 City of Moorpark $5,000 Truckee-Donner Recreation and Park District $3,400 Easton Community Services District $1,800 CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 PROJECT TEAM SCI will use a team approach for this project and will work closely and collaboratively with the City. Such a collaborative, team based approach helps to ensure that the City’s objectives are well understood and accomplished, and all technical and procedural requirements are met. If selected for this project, I, John W. Bliss, President of SCI, would oversee the work, while Susan Barnes would be the City’s primary contact, performing most of the work. JOHN W. BLISS,M.ENG., P.E., PRESIDENT,LICENSE NO. C052091 John Bliss, a professional engineer and President of SCI, specializes in assessment engineering, special and general benefit analysis, crafting legally compliant, robust Engineer’s Report, levy administration, cost estimating and budgeting, database design and implementation, regulatory compliance, and revenue measure formations. He has 15 years of experience in this field of expertise. Moreover, John is a recognized expert assessment engineer and Proposition 218 compliance specialist who has served as an expert witness and technical authority. He also has worked with most of the leading Proposition 218 specialized attorneys in the State, which has further expanded his professional and technical expertise. During his tenure at SCI, John has served as the responsible Assessment Engineer on over 300 Engineer’s Report for new or increased assessments, comprising more post-Proposition 218 new assessment engineering than any other assessment engineer in the State. John served as the project lead for the California Statewide Fire Prevention Fee, and led SCI’s successful effort to identify every parcel throughout California in the State Responsibility Area, and thus subject to this new annual fee. John has extensive programming and database expertise. He has been the instructor of "Database Design for Project Management" at UC Berkeley Extension. John has materially contributed to the specialized and proprietary computer and database programs we utilize as part of our levy administration procedures. Prior to joining SCI, he co-founded several information technology companies that focused on database and infrastructure management including ConstructionPrice, and US Components, and worked as field construction engineer for Shimmick Construction Company and the U.S. Department of Transportation. John graduated from Brown University with a Bachelor of Science Degree in Engineering, and holds a Master’s Degree in Civil Engineering from the University of California, Berkeley, where he was a Regent's Scholar. He is a licensed professional Civil Engineer in the State of California, and is a LEED accredited professional. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 SUSAN BARNES,SENIOR CONSULTANT Susan Barnes contributes over 13 years of experience in finance, administration and consulting services to the SCI team. Susan has expertise in the creation and administration of benefit assessments, special taxes, property-related fees, public opinion research projects, meeting facilitation and other consulting services. In addition, Susan has extensive media and educational outreach experience. Susan graduated from the University of California, Berkeley with a Bachelor of Science in Business Administration and holds a Master’s Degree in Organizational Development from Sonoma State University. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 PROJECT METHODOLOGY AND APPROACH SCI will conduct a full, detailed parcel audit of the 1992 Storm Drainage Service Charge, followed by annual administration for up to three years. SCI will provide comprehensive year-round levy administration services. One of the service elements that distinguishes SCI is our comprehensive approach to levy preparation. Twice a year we recalculate and confirm our clients’ fees on a parcel- by-parcel basis for all properties within each levy area. SCI has developed over 50 unique levy validation and checking queries that we conduct on each parcel. This approach, while more time consuming than simply relying on Assessor property characteristics and previous levy amounts, has consistently proven to result in more accurate levies and higher overall special levy revenues. The starting point for calculating and confirming the levies for all parcels within a levy area is SCI’s extensive statewide database of property and ownership information. This important internal data includes all parcels in the State with over two decades of historical data and extensive parcel attributes. To complement this data, we also utilize current Assessor Data. The second foundation block for accurate assessments is the identification and verification of every parcel that should be included in the levy area. Our approach begins with the County Assessor and State Board of Equalization information regarding parcels within the City’s boundaries. However, SCI has consistently found that the County Assessor’s data often contains inaccurate information to identify parcels and property characteristics. Therefore, we extend, enhance and confirm this information with several layers of other verification and parcel identification approaches. This approach, which has consistently proven to identify other parcels that should be a part of the Assessment Roll, includes using updated and historical parcel maps, and GIS layers. This approach is more time consuming, but is worth the extra effort because it has proven to generate additional revenues for our clients (for instance, by uncovering additional parcels that are under construction or recently developed and for which the County Assessor records do not yet reflect the new property use). After we have carefully identified and verified each parcel that should be included in the City’s levy area and have calculated and determined the levies for each parcel, we will compare our calculated levies for each parcel with the previous year’s levy roll. Every discrepancy and variance with the historical levy data will be researched and confirmed. After this comprehensive research and special levy rate determination work is completed, SCI will develop reports listing each parcel with their upcoming year’s special levy amounts. Our administration approach also includes stringent quality control and oversight. After the preliminary levies have been prepared, another special levy administrator with SCI will perform a complete independent peer review and audit, including a parcel-by-parcel confirmation of the assessment levies. Any questions or issues uncovered are fully reviewed and resolved. These multiple stage reviews and CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 quality assurance steps are a key element in SCI’s proven ability to ensure the highest level of accuracy and to maximize assessment revenues for the City. After the quality control checks have been completed, we will submit the levies for inclusion on property tax bills. This will include meeting all of the County Auditor/Controller deadlines and requirements. It should be noted that in all of our years of work in this field, SCI has never missed a levy submittal deadline, which demonstrates our ability meet all deadlines and levy submittal requirements. After the levies have been submitted to the County Auditor/Tax Collector, SCI will confirm the accuracy of data received by the County before the creation of the tax bills. Furthermore, our proposed scope of services includes responding to public inquiries and appeals via our toll-free phone number. We take pride in the in- person real-time property owner response services we provide and invite you to call our taxpayer assistance toll-free phone line at (800) 273-5167 to confirm firsthand the level of personal responsiveness we provide to all of our clients and their constituents. Moreover, our services include assistance with budgeting, preparation of notices and resolutions, periodic reports for levy submittals and collections, and in person attendance at public meetings as necessary. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 SCOPE OF WORK This section outlines the comprehensive levy administration, assessment engineering services and other responsibilities SCI would perform throughout the fiscal year as the levy administrator for the City of Cupertino. DEFINITIONS City:City of Cupertino, its staff, legal counsel and its City Council Council:The City of Cupertino City Council Levies: The 1992 Storm Drainage Service Charge and the 2019 Clean Water and Storm Protection Fee SCI: SCI Consulting Group Administration: Services related to the determination, levy and collection of the assessments and other special levies FIRST YEAR AUDIT PROCESS 1. Perform a comprehensive parcel audit of the 1992 Storm Drainage Service Charge by reviewing all parcels to confirm the correct parcels are being levied. 2. Research each parcel to confirm land usecode and correct calculation of the levy. 3. Review and make recommendations for improvements to related documents including resolutions, notices, and staff reports. PRELIMINARY LEVY DATA ANALYSIS 1. Conduct project kickoff call with City staff, legal counsel and other individuals as needed to establish timeline, review parcel data, and accomplish other tasks related to administration of the levies. 2. Obtain July lien roll data from the County Assessor and other sources for all parcels within the City and merge with SCI’s statewide internal parcel data. 3. Create a complete and highly accurate database including every parcel in the assessment district with the parcel attributes necessary for calculating the levies. Research and obtain all property characteristics that are needed to properly calculate the correct levy amount, including, for instance, location, residential units, building square footage, land use and land area. 4. Use the tax roll from the previous fiscal year and structure this historical levy submittal data so it can be used to help compare and analyze the levies. Reconcile the data for last year for each levy with the City’s collections to confirm the accuracy of the data. 5. On a parcel-by-parcel basis, calculate the specific levy amounts for each parcel based on July lien roll. 6. Research changes in property data, usage, valuations and levy changes from the previous year for all parcels within the City. Flag all parcels that require research to determine the appropriate levy. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 7. Assist with the preparation of information that may be included in staff reports. RESOLUTIONS AND OTHER DOCUMENTATION 1. Prepare all needed resolutions and staff reports for the levies. 2. Prepare and assist with the publication of any notices for the continuation of the levies. 3. Attend and participate in Council meetings at which the annual levies are approved, as needed. DETERMINATION AND SUBMITTAL OF FINAL LEVIES AND QUALITY CONTROL 1. Conduct over 50 checks and validation queries on each parcel to identify any parcels that may require additional research to confirm the appropriate levy amount. 2. Perform a comprehensive internal peer review of all levy calculations. 3. Prepare the final levy roll for each levy listing parcel number, owner name, property address, and levy amount for each Assessor Parcel. Prepare electronic levy rolls sorted by Assessor Parcel Number and owner's name. 4. Meet County Tax Collector levy roll submission requirements and perform tasks needed to submit the special levies. 5. File approved levies with the County Tax Collector for inclusion of the levies upcoming fiscal year tax bills. 6. Verify and validate Tax Collector’s levy data prior to the printing of tax bills. RESPONDING TO PUBLIC INQUIRIES AND APPEALS 1. Provide the County Tax Collector and the City with our property owner inquiry line at (800) 273-5167 so property owners can directly contact SCI Consulting Group throughout the fiscal year with questions regarding any specific levy administered by SCI. 2. Provide the County Tax Collector with a summary and overview of the levies for internal staff use, if necessary. 3. Throughout the fiscal year, research and, if necessary, revise any levies which property owners consider to be based upon incorrect information being used to apply the method of determination of the levy. (It should be noted that, due to our comprehensive levy validation procedures, actual revisions are very minimal, if any.) 4. If any property owners appeal a levy for their property, SCI shall research the levy amount and basis for appeal and shall make a recommendation and finding for the City. In the event that the City finds that a levy should be adjusted, SCI will adjust the levy according to the City’s final determination. (Such appeals are very rare.) 5. For any property owner appeals, SCI will coordinate with the City and property owners as appropriate. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 MANUAL BILLING FOR CERTAIN PROPERTIES 1. For any parcels that cannot be collected on County tax bills, prepare a listing of property owners, addresses, property information, current assessment amount and delinquent Assessments. 2. Directly invoice any such property owners for the assessment amounts due for their property, record payments received in a payment tracking database, produce periodic reports for the City of bills paid and those still outstanding, and assist the City with collection of delinquent assessments. CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup,MARCH 2020 OTHER INFORMATION EMPLOYMENT POLICIES SCI does not and shall not discriminate against any employee in the work place or against any applicant for such employment or against any other person because of race, religion, sex, color, national origin, handicap, or age or any other arbitrary basis. SCI Consulting Group insures compliance with all civil rights laws and other related statutes. CONFLICT OF INTEREST STATEMENTS SCI has no known past, ongoing or potential conflicts of interest for working with the City, performing the Scope of Work or any other service for this Project. INSURANCE SCI carries professional Errors and Omissions insurance in the amount of $2 million per occurrence and $2 million aggregate. SCI also carries general liability insurance in the amount of $2 million per occurrence and $4 million aggregate. INDEPENDENT CONTRACTOR If selected, SCI shall perform all services included in this proposal as an independent contractor. For most of our projects, we complete all tasks with our own forces and do not typically engage subcontractors. This approach provides for the highest quality control and most effective management of all processes. Revised: April 10, 2020 – Services Agreements 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in Section 13.k of the health order issued by the County of Santa Clara Health Department on March 31, 2020, in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Pursuant to Section 13.c of the Health Order, individuals may leave their residence only to perform specified “Essential Activities.” Contractor shall comply with these restrictions on travel when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. For Essential Activities, as defined in the Health Order, pursuant to Section 13.k of the Heath Order, “[a]ll individuals must strictly comply with Social Distancing Requirements. . . as necessary to carry out the work of” Essential Activities. C. Individuals at High Risk of Severe Illness. Section 13.a of the Health Order advises that “people at high risk of severe illness from COVID-19 and people who are sick are strongly urged to stay in their residence to the extent possible, except as necessary to seek medical care or provide medical care or Essential Governmental Functions.” Information from the Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. These measures shall include, but are not limited to, the following: 1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to any project site or any work area to workers who are necessary to perform in-person Revised: April 10, 2020 – Services Agreements 2 work. Require non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. 2. Distancing. Where workers perform in-person work at a project site or a work area, prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Prohibit workers from sharing a vehicle. E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the terms of this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. SCI Consulting Group City of Cupertino Schedule of Performance Administration of Stormwater Fees 2020-21 Date Task 2020 Early to Mid April City approves Contract Late April SCI provides City with drafts of public hearing notice and resolutions for the City Council to consider at the May 19 Board meeting May 5 Public hearing notice published May 19 City Council holds public hearing and considers resolutions ordering fees to be levied for 2020-21 June City updates SCI regarding any new parcels which are eligible for a reduced fee to be levied based on meeting City’s requirements for a reduced fee July SCI obtains County lien roll, analyzes parcel changes, and calculates fees for 2020-21 for fees August SCI submits levies to County by due date August/September SCI confirms levies with County and submits list to City of parcels subject to the fee which will not be billed on County tax rolls Oct-June, 2021 SCI answers calls from property owners regarding how the fees were calculated Exhibit B- Schedule of Performance CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup, MARCH 2020 FEE SCHEDULE SCI understands the City may wish to enter into a contract with SCI to administer only the 2019 Clean Water and Storm Protection Fee, or it may wish to contract with SCI to administer the 2019 Clean Water and Storm Protection Fee as well as the 1992 Storm Drainage Service Charge. A. If SCI administers both the 2019 Clean Water and Storm Protection Fee and the 1992 Storm Drainage Service Charge, SCI shall be compensated for the performance of the Scope of Work as follows: 1. For Fiscal Year 2020-21, the total compensation for the Scope of Work shall be $13,750 payable as follows: a. Upon submittal of the levies to the County Auditor, the sum of $7,000 shall be due. b. On January 31 of the fiscal year, the remainder shall be due. 2. For Fiscal Year 2021-22, the total compensation for the Scope of Work shall be $14,165 payable as follows: a. Upon submittal of the levies to the County Auditor, the sum of $7,000 shall be due. b. On January 31 of the fiscal year, the remainder shall be due. 3. For Fiscal Year 2022-23, the total compensation for the Scope of Work shall be $14,590 payable as follows: a. Upon submittal of the levies to the County Auditor, the sum of $7,500 shall be due. b. On January 31 of the fiscal year, the remainder shall be due. B. If SCI administers only the 2019 Clean Water and Storm Protection Fee, SCI shall be compensated for the performance of the Scope of Work as follows: 1. For Fiscal Year 2020-21, the total compensation for the Scope of Work shall be $10,150 payable as follows: a. Upon submittal of the levies to the County Auditor, the sum of $5,000 shall be due. b. On January 31 of the fiscal year, the remainder shall be due. 2. For Fiscal Year 2021-22, the total compensation for the Scope of Work shall be $10,455 payable as follows: a. Upon submittal of the levies to the County Auditor, the sum of $5,000 shall be due. b. On January 31 of the fiscal year, the remainder shall be due. Exhibit C- Fee Schedule CITY OF CUPERTINO PROPOSAL FOR PROFESSIONAL CONSULTING AND LEVY ADMINISTRATION SERVICES BY SCIConsultingGroup, MARCH 2020 3. For Fiscal Year 2022-23 , the total compensation for the Scope of Work shall be $10,770 payable as follows: a. Upon submittal of the levies to the County Auditor, the sum of $5,500 shall be due. b. On January 31 of the fiscal year, the remainder shall be due. The following applies to both A and B above: 4. The scope of services for annual administration includes one in-person meeting for each fiscal year. Any additional in-person meetings shall be charged at the rate of $1,050 per person per meeting. 5. This cost proposal is based on SCI’s understanding that, if selected, the City will provide the parcel attributes used in past years to calculate the Service Charge. 6. In the event the City elects to request optional, additive scope of work, SCI will work with the City to negotiate compensation for these additional tasks and execute an Addendum to the agreement for these additional services. 7. Customary incidental expenses including property data, travel, published notices handled by SCI and other out-of-pocket costs, shall be billed as incurred, with a total amount not to exceed $750 per fiscal year without prior authorization from the City. Note: All costs associated with this proposal and the scope of services can be financed or refunded by the levy proceeds, if desired. The Fee Schedule shown above is valid as long as this agreement is executed within 90 days from the date this agreement was submitted to the City. Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Feb. 2018 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Feb. 2018 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/7/2020 Arthur J.Gallagher &Co. Insurance Brokers of CA.Inc,LIC #0726293 3697 Mt.Diablo Blvd,Suite 300 Lafayette CA 94549 925-299-1112 925-299-0328 jamie_yaudes@ajg.com Sentinel Insurance Company Ltd 11000 SCICONS-01 Gemini Insurance Company 10833SCIConsultingGroup Consequence Properties 4745 Mangels Boulevard Fairfield CA 94534-4319 Markel Insurance Company 38970 1863694730 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 Y Y 57SBARH8313 4/20/2020 4/20/2021 4,000,000 A 2,000,000 X X 57SBARH8313 4/20/2020 4/20/2021 A X X 1,000,00057SBARH83134/20/2020 4/20/2021 1,000,000 C XYMWC0003533104/20/2020 4/20/2021 1,000,000 1,000,000 1,000,000 B Service &Technical Professional Liability -Claims Made Retroactive Date:12/17/1998 VCPL066081 12/17/2019 12/17/2020 Each Claim Aggregate Deductible $2,000,000 $2,000,000 $25,000 Excess Liability coverage is in excess of General Liability and Auto Liability Only The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as additional insured per policy form SS0008 0405 attached.Primary &Non-Contributory Wording and Waiver of Subrogation for General Liability per attached form SS00080405.Workers Compensation Waiver of Subrogation per form MWC 1400 05 10 attached. Written contract required. See Attached... City of Cupertino Office of the Director of Public Works City Hall 10300 Torre Avenue Cupertino CA 95014-3255 USA ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: SCICONS-01 1 1 Arthur J.Gallagher &Co.SCI Consulting Group Consequence Properties 4745 Mangels Boulevard Fairfield CA 94534-4319 25 CERTIFICATE OF LIABILITY INSURANCE The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date.Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. ºØ˝˛Ł ˝¸˛—˛˝˛˘ —ŁØ ˙¸—˛˝˙¸˛˝˝ —˙˝˝˝˛˚˝˚¸˛˝˛˛˝ —¸˛˝ ˙ ˛˛˚¸ ¸—˛ººº ł¸¨— Øææ ææ —˙¸˛ ˝˛˝˝—˙—˝˛˛¸˙ –fi‡Łº˝ˇ—fi•†‹»…•†¸˝—¿„» —fi–‰»››¿‹»¤•fi¿‹•–†¿‹» SCI CONSULTIING GROUP Policy #: 57SBARH8313 ABCDEFGHIJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MWC 1400 05 10 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers’ Compensation pre-mium otherwise due subject to a minimum premium of $750 per policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/20/2020 Policy No. MWC0003533-10 Endorsement No. Insured: SCI CONSULTING GROUP (A CORP.) Premium (See Attached) Insurance Company: Markel Insurance Company Countersigned by_____________________________ MWC14000510 Includes copyrighted material of National Council on Compensation Insurance with its permission Copyright 1983 National Council on Compensation Insurance. 29 of 35 [3] Professional Consultant Contract Final Audit Report 2020-05-18 Created:2020-05-06 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAADD7ikQn6zPV1oImyhZVrQ5us1_oimdPP "[3] Professional Consultant Contract" History Document created by Julia Kinst (juliak@cupertino.org) 2020-05-06 - 4:41:49 PM GMT- IP address: 64.178.242.15 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2020-05-06 - 4:42:03 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-05-06 - 4:42:24 PM GMT - Time Source: server- IP address: 64.178.242.15 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-05-06 - 4:42:46 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-05-06 - 6:27:51 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to John W. Bliss (susan.barnes@sci-cg.com) for signature 2020-05-06 - 6:27:53 PM GMT Email viewed by John W. Bliss (susan.barnes@sci-cg.com) 2020-05-06 - 8:08:11 PM GMT- IP address: 98.207.46.224 Document e-signed by John W. Bliss (susan.barnes@sci-cg.com) Signature Date: 2020-05-08 - 10:26:43 PM GMT - Time Source: server- IP address: 73.202.133.191 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-05-08 - 10:26:47 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-05-14 - 6:07:06 PM GMT- IP address: 45.41.142.68 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-05-14 - 6:07:35 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Ursula Syrova (ursulas@cupertino.org) for signature 2020-05-14 - 6:07:38 PM GMT Email viewed by Ursula Syrova (ursulas@cupertino.org) 2020-05-18 - 3:48:00 PM GMT- IP address: 104.47.46.254 Document e-signed by Ursula Syrova (ursulas@cupertino.org) Signature Date: 2020-05-18 - 3:48:35 PM GMT - Time Source: server- IP address: 71.204.164.47 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-05-18 - 3:48:38 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-05-18 - 5:16:58 PM GMT- IP address: 104.47.44.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-05-18 - 5:17:10 PM GMT - Time Source: server- IP address: 64.165.34.3 Signed document emailed to cyrahc@cupertino.org, Julia Kinst (juliak@cupertino.org), Heather M. Minner (minner@smwlaw.com), John W. Bliss (susan.barnes@sci-cg.com), and 3 more 2020-05-18 - 5:17:10 PM GMT