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HomeMy WebLinkAboutCC Resolution 13229 (HF&H Refuse Rate Review)RESOLUTION NO. 13229 RESOLUTION AUTHORIZING ASSISTANT CITY MANAGER TO EXECUTE A CONTRACT WITH HF AND H CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $53,000 FOR WORK ON REFUSE RATES AND SERVICES FOR THE CITIES OF SAN RAFAEL & LARKSPUR, TOWN OF ROSS, LAS GALLINAS SANITARY DISTRICT AND ROSS VALLEY -SOUTH THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The ASSISTANT CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with HF& H Consultants for Refuse Rate Review of Marin Sanitary Service's Rate Application for the 2012 calendar year, in a farm to be approved by the City Attorney. The agreement shall be for an amount not to exceed $53,000 on the terms described in the August 9, 2011 HF&H Consultants, LLC Proposal, attached hereto as Exhibit A, and incorporated herein by reference. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 15h day of August, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 2omCivic Drive, Suite 230 Walnut Creek, California 94596 Telephone: 925/977-6950 Fax: 925/977-6955 www.hfham,ultants.com Sent via e-mail and First Class Mail August 9, 2011 Mr. Daniel Schwarz City Manage City ofLarkspur 40OMagnolia Avenue Larkspur, CA 94939 Mr. Michael Frost Deputy Director ofPublic Works County of Marin 65 Mitchell B|vd,Suite 2OU'B San Rafael, CA 94903-4155 Mr. Mark Williams District Manager Las GaUinasValley Sanitary District 3OOSmith Ranch Road San Rafael, CA949O3 Managing Tomorrow's Resources Today Robert uHilton, CIVIC John W. Famkopf, PE |axxu.czzetCIVIC Richard J. Simonson, CIVIC Marva M.Sheehan, CPA Ms. Nancy Meckle City Manager City ofSan Rafael 14OOFifth Avenue, Room 2O3 P.O.Box 1S1SGO San Rafael, CA 94815'1560 Mr. Gary Broad Town Manager Town ufRoss 31Sir Francis Drake Boulevard Ross, CA 94957 Subject: Proposal to Perform a Review of Marin Sanitary Service's Application for 2012 Rates Dear Ms. Mackle and Messrs. Schwarz, Frost, Broad, and Williams: HR&H Consultants, LLC (HR&H) is pleased to present this proposal to perform a review ofMarin Sanitary Service's (MSS) application for rates to be effective January 1, 2012. In 1995, the Cities of San Rafael and Larkspur, the Town of Ross, the Russ Valley and Las GaUinesVa|ley Sanitary Districts, and the County ofMarin (the Franchisors) adopted a methodology (subsequently revised in 2001) that would be used to set KXSS's rates for refuse collection and disposal as well as recyclable and yardwaste collection and processing. The methodology is based on a detailed review (performed every three years) with summary reviews (based largely on the detailed review, the use of indices, and the review of a few key matters such as revenues and disposal costs) during the intervening years. ATTACHNIENI'A Managing Tomorrow's Resources Today Marin Sanitary Service's Franchisors' Group August 9,2O11 Page 2 of 8 In 2002 K45Smms awarded the franchise to provide services tothe City ofSan Anse|mo. Also in 2002, IVISS was awarded the franchise to provide services to the north area of the Ross Valley Sanitary District (RVSD). In 2004, K4SS acquired the Fairfax franchise. These expansions of service, and the need to allocate IVISS's costs among the Franchisors and these new jurisdictions, make even more important the proper allocation ufIVI6S's costs among the jurisdictions it services to ensure that the Franchisors are not paying a share of the costs to service San Anselmo, Fairfax, and the north area of the RVSD. In 2005, customers that were in the Las Gal/inasValley Sanitary District franchise area were integrated into the customer base of the City of San Rafael. In 2006, the RSVD requested the County of Marin (County) accept and approve the transfer of the R6VD's solid waste franchise agreements, both North and South areas, to IVISS. The South area was part of the Franchisors group. On July 11, 2006, the Board of Supervisors accepted the transfer of the RSVD South Franchise Agreement and executed a new agreement with K4S5effective immediately. Last year, we performed a review of the rote adjustment using the summary method. For a review of � Perform the review using the summary method (the use of indices, and the review of few key matters such as revenues and disposal costs); and, * Perform asurvey of similar rates from cities inthe Bay Area receiving comparable services. We will perform the following tasks related to the review of IVISS's Application. Task 1: Pre -Fieldwork 1a We will meet once with the Franchisors to discuss the review process requested by the Franchisors and IVISS. 1b We will meet once with IVISS management to receive the application and discuss the review schedule. 1c We will review the application toensure that bbcomplete and incompliance with the summary 1d Thereafter, we will review the application for math accuracy and logical consistency. Managing Tomorrow's Resources Today Marin Sanitary Service's Franchisors' Group August 9, 2011 Page 3 of 8 Task 2: Review of Revenues HF&H will review k4SS management's projection of collection and non -collection revenues for the 12- nnonth periods ending December 31, 2011, and 2012. We will compare the results to K8SS's audited financial statements for rate year 2010 and year-to-clate revenues for 2011 and request explanations for variances. Task 3: Review of Expenses 3a HF&H will review the appropriateness of IVISS management's classification of expenses into the various expense categories. 3b We will review IVISS management's calculation of rate year 2012 indexed expenses and compare them to the calculated expenses for 2O10, established in our prior report, and the calculated changes tothe indices determined inTask 1. 3c We will review IVIBmanagement's projection of other expenses including: ° Depreciation/Lease Expense, Interest Expense, Fuel and insurance Expense projections will be reviewed by evaluating the reasonableness ofK8SS management's estimates for these expenses based onhistorical trends and IVISSmanagement's plans. w Disposal and Recyclables/Yardwaste Processing Expense will be reviewed by evaluating the reasonableness of IVIB management's estimates for these expenses based on historical trends, management's plans, and adjustments todisposal and processing rates. Task 4: Review of Projected Profit HF&H will review IVISS managemenVs calculation of projected profit for compliance with the procedures and mathematical accuracy. Task 5: Review of Revenue and Expense Allocations HF&H will review the appropriateness of IVISS management's allocation of revenues and expenses among the Franchisors and the other service areas, in accordance with the procedures developed in 2001. — ' Managing Tomorrow's Resources Today Marin Sanitary Service's Franchisors' Group August 9, 2011 Page 4 of 8 Task 6: Review of Adjustments 6a Newill meet once with IVIBmanagement toreview our adjustments to their calculated and projected revenues and expenses and their allocation among the Franchisors. We will obtain management's comments, review any additional material, and amend our adjustments. 6b Thereafter, we will meet once with the Franchisors Group to present our adjustments to MSS's calculated revenues and expenses and its allocation among the Franchisors. Task 7: Survey of Comparable Rates We will survey solid waste rates in the San Francisco Bay Area. We will identify communities with comparable services and contact them to solicit their participation and determine whether certain data is available. That data includes, but is not limited to, matters such asgovernmental fees, whether transfer station is used, landfill disposal rates, whether employees are organized, and customer subscription data. As part of the survey, we will attempt to compare not only the absolute rates but also the rate structures so that we may identify differences in pricing (vs. cost). Task 8: Communicate Findings 8a HF&H will distribute a copy of our initial draft report documenting our findings and recommendations for review byMSS management. Thereafter, mewill meet once with MSS management to present and obtain its comments regarding our initial draft report. Ob VVewill make any appropriate adjustments toour initial draft report and present apreliminary draft to the Franchisors. 8c Based on comments from the Franchisors, we will amend the preliminary draft report and issue the final report. 8d Attend council meetings to present findings. Engagement Management We will prepare and amend detailed work plans, monitor engagement progress, and provide sufficient resources to ensure timely completion of the engagement, review analytical results and interim findings, and other issues. Managing Tomorrow's Resources Today K4ahnSanitary Service's Franchisors' Group August 9,2O11 Page 5 of 8 Every approach 1oanengagement blimited inits scope. The major limitations regarding our proposed m The scope ofwork described above isdifferent from anaudit offinancial statements performed in accordance with Generally Accepted Auditing Standards, which is performed by IVISS's auditor. * We will perform the tasks presented above in a manner that will allow us to achieve the objectives of the review in a cost-effective manner. We will rel/ on K4SS's auditor with regard to matters related to MSS's internal controls. Our testing of K86S/s application (using judgmental samples of transactions and analytical procedures) will only befor the purpose of providing evidence that allows us to reach conclusions and recommendations regarding MSS's application. * We will conduct our review in accordance with the methodology adopted by the Franchisors Group. This methodology includes the review of K3SS management's projection of the future results of operations. We will review these projections for reasonableness and propose adjustments, as appropriate. We accept no responsibility to update these adjusted projected results after the date of our report. Additionally, the projections result from assumptions regarding future events and management's planned response to them. Frequently, future events du not occur asanticipated and the difference can bematerial. We have not anticipated meeting with representatives of San Anselmo, Fairfax, or the County to discuss the impact of IVIBserving the service areas outside of the Franchisors' service area. We would be pleased to meet with them on a time -and -materials basis. Further, our scope ofwork does not include modifications toany of the individual Franchisor's rates or rate structures as we discussed at our meeting earlier this year. If the Franchisors, as a group, or individual Franchisors vxnu|d like us to perform modifications to their rate structures, we would be pleased toprepare aproposal dnso. Since its founding over 20 years ago, HF&H has been providing independent solid waste rate review services tomunicipalities throughout California and the West Coast. Ofparticular relevance tothis engagement, HR&H has been the Franchisors' consultant in this area for more than 10 years. During that period, we have helped the Franchisors to substantially reduce the cost of the review through changes in methodology, while ensuring that both the customers/ rates and K427s level of profit are reasonable. Marin Sanitary Service's Franchisors' Group August 9, 2011 Page 6 of 8 Managing Tomorrow's Resources Today Bob Hilton, President, will be responsible for directing the project and will be responsible for your satisfaction with the engagement. Mr. Hilton has been the Engagement Director and substantially involved in each of these annual reviews since 1995, and is well known to both the Franchisors and MSS management. During the past 20 years, Bob Hilton has assisted more than 150 municipalities with nearly 750 solid waste consulting engagements, most of which have involved the cost of solid waste services. Marva Sheehan, Vice President, will serve as Engagement Manager under Mr. Hilton's supervision. Ms. Sheehan has been the Engagement Manager for the MSS reviews since 2006. She is a Certified Public Accountant with over 25 years of accounting and auditing experience; 9 of which have been in the solid waste industry. She will supervise and review the work performed by the staff assigned to the project to ensure that it is performed in accordance with the proposed scope of work, our detailed work plans, and the Franchisor's objectives. Mr. Hilton and Ms. Sheehan will be assisted by less senior, experienced staff at lower billing rates, who will perform certain tasks under their direction Based on our last review of MSS' rate application, my current understanding of matters to be considered during this review, and the level of effort necessary to address them, I estimate our professional fees and out-of-pocket expenses for the scope of work described above to be $52,325, as shown on Attachment A. As in the past, we will bill you in accordance with our standard rates and practices, as described in Attachment B, up to the $52,325. It is possible that the level of effort to perform the review may exceed our estimate and, if so, we will contact you before proceeding to obtain your approval or direction. Also, it is possible that our level of effort will be less and, if so, we will, of course, bill you the lesser amount. AWL Managing Tomorrow's Resources Today Marin Sanitary Service's Franchisors' Group August 9, 2011 Page 7 of 8 Proposed Schedule We have prepared the following proposed preliminary schedule: MSS Submits Application HF&H Commences Field Work HF&H Completes Field Work HF&H Reviews Results with MSS HF&H Provides MSS Draft Report MSS Provides Comments on Draft Report HF&H Presents Draft Report to Franchisors for Comment HF&H Delivers Final Report Boards/Councils Receive Report and Adopt Revised Rates Rates Effective September 1 September 7 September 29 October 4 October 11 October 14 October 20 (November 4 November/December January 1, 2012 The performance of our review, in accordance with the schedule described above, is dependent on: • The ability of MSS management to prepare its application and respond to questions in a timely manner; and • The ability of the Franchisors to provide necessary direction and comments to draft work products in a timely manner. We anticipate that neither MSS management nor the Franchisors will have difficulty performing in the manner we have assumed. Managing Tomorrow's Resources Today Marin Sanitary Service's Franchisors' Group August 9, 2011 Page 8 of 8 Thank you for this opportunity toagain beofservice toyou. Ifyou have any questions, please call meat (925) 977-6952. Very truly yours, HF&HCONSULTANTS, LLC Robert D. Hilton, CIVIC President Attachments: AJ Fee Estimate B) Standard Hourly Rates and Billing Arrangements cc Mr. Joe Gadmhm\]r., Marin Sanitary Service Ms. Patty Garbarino,Marin Sanitary Service Mr. Neil Roscoe, Marin Sanitary Service Ms. Stephanie Lovette,City ofSan Rafael Ms. Marva Sheehan, HF&H Ms. Kim Erwin, HF&H Attachment A - Fee Estimate Marin Franchisors Group Review of MSS 2012 Rate Adjustments Application Task 1 Kick-off Meeting and Review Application 1a Kick-off Meeting with Franchisors Group 6 6 0 0 0 12 $2,820 1b Kick-off Meeting with Company 0 4 4 0 0 8 $1,600 1c Completeness & Compliance Review 0 0 2 3 0 5 $725 1d Math Accuracy & Logical Consistency 0 0 1 3 0 4 $550 Task 1 6. 10 7 6 0 29 ' $5,695' Task 2 Review of Revenues 2a Review of proper application of prior year rate adjustment 0 0 0 9 0 9 $1,125 2b Review of projected revenues 0 0 11 0 0 11 $1,925 2d Summarize Findings 2 5 3 0 0 10 $2,140 Task 2 2 5 14 9 0 30 ' $5,1901 1 Task 3 Review of Expenses 3a Classification of Expenses 0 2 9 4 0 15 $2,525 3b Calculation of Indexed Expenses 0 1 5 6 0 12 $1,850 3c Review of Fuel, Depreciation, Interest, JPA fees and 0 4 27 25 0 56 $8,750 Disposal 3d Summarize Findings 2 5 5 5 0 17 $3,115 Task 3 2 12 46 40 0 100 ' $16,2401 Task d Review of Projected Profit 4a Review Calculation of Profit 0 1 1 0 0 2 $400 Task 4 0 1 1 0 0 2 I $4001 Task 6 Review of Allocations 5a Review Allocations for Reasonableness and Consistency 0 3 9 0 0 12 $2.250 Task 5 0 3 9 0 0 12 ' $2,2501 Task 6 Review of Adjustments 6a Review with MSS Management 0 5 8 0 0 13 $2.525 6b Review with Franchisors Group 0 7 8 0 0 15 $2.975 Task 6 0 12 16 0 0 28 ( $5,5001 HF&H Consultants, LLC 8!912011 Attachment A - Fee Estimate Marin Franchisors Group Review of MSS 2012 Rate Adjustments Application Task 7 Rate Comparisons 7a Survey and Document Comparable Rates 0 2 3 0 12 17 $2,055 Task 7 0 2 3 0 12 17 I $2,0551 Task 8 Communication of Findings 8a Prepare draft report and meet with MSS management 2 4 6 0 4 16 $2.800 8b Prepare draft and meet with Franchisors 0 4 6 0 1 11 $2,040 8c Prepare and distribute Final Report 1 4 4 0 1 10 $1,935 8d Attend council meetings 0 30 0 0 0 30 $6,750 Task 8 3 42 16 0 6 67 ( $13,5251 Total Costs for Rate Adjustments Application Labor 13 87 112 55 18 285 $50,855 Out-of-pocket Expenses $1,470 Total Budget for Rate Adjustments Application ( $52,325 HF&H Consultants, LLC 8!9(2011 • STANDARD HOURLY RATES AND BILLING ARRANGEMENTS) (Effective January 1, 2011) Hourly rates for professional and administrative personnel are as follows: Position President Senior Vice President & Vice President Senior Project Manager Senior Associate/Project Manager Associate Analyst Assistant Analyst Administrative Staff Standard charges for common direct expenses are as follows: Automobile Travel Document Reproduction Facsimile Telephone Public Conveyances Postage Overnight Mail and Couriers Rate $245 $210-$245 $195-$225 $170-$195 $125-$165 $100-$105 $90 Prevailing IRS mileage rate 15 cents per page (black & white) 75 cents per page (color) No charge No charge Actual Actual Actual Litigation Support and Expert Witness Services are not covered by this schedule of fees and expenses. HF&H Consultants, LLC Page 1 of 3 # >r STANDARD HOURLY RATES AND BILLING ARRANGEMENTS' (Effective January 1, 2011) Our policy is to bill for our services and direct expenses based on the standard hourly rates of the staff member assigned, multiplied by the time required to perform the client -related tasks, plus the subcontractor services as described above. In implementing this policy we adhere to the following practices: • It is our standard practice to e-mail invoices to our clients, although hard copies of invoices can be sent to clients on request. • We round to the nearest one-half hour (e.g., if two hours and 50 minutes are spent on a task, it is recorded as three hours, if two hours and 10 minutes are spent on a task, it is recorded as two hours). A minimum charge of one-half hour is charged for any client work performed in a day. • We attempt to schedule travel time before and after normal work hours and we do not bill for this time. If travel occurs during normal work hours and we can use public conveyances, we attempt to use the time productively for the benefit of the client or for another client and this time is billed to the appropriate client. If we must travel during business hours and cannot use the time productively or use a public conveyance, we bill the time to the client on whose behalf we are traveling. • Because public meetings (e.g., Board of Supervisors, City Council, and Board of Directors meetings) generally occur after business hours and are not conducted in accordance with strict schedules, our standard policy is to bill a minimum two-hour charge. • We do not mark up out-of-pocket expenses, however, we may charge administrative or professional time related to the provision of the goods and services associated with these charges. Costs for outside consultants and subcontractors are billed at actual cost plus a 15 percent administrative fee. • Mileage fees are based on the round-trip distance from the point of origin. • If a client's change to a previously scheduled meeting results in penalties being assessed by a third party (e.g., airline cancellation fee), then the client will bear the cost of these penalties. While no minimum fee for a consulting engagement has been established, it is unlikely (given the nature of our services) that we can gain an understanding of a client's particular requirement, identify alternatives, and recommend a solution in less than twenty-four hours. HP&H Consultants, LLC Page 2 of 3 STANDARD HOURLY RATES AND BILLING ARRANGEMENTS) (Effective January 1, 2011) We maintain the following policies of insurance with carriers doing business in California: • Comprehensive General Liability Insurance ($2,000,000) • Workers' Compensation ($1,000,000) • Professional Liability Insurance ($2,000,000) • Hired and Non -Owned Auto Liability ($2,000,000) All costs incurred in complying with special insurance, licensing, or permit requirements, including but not limited to naming client as an additional insured and waiver of subrogation, become the responsibility of the client and are not included in the fees for services or direct charges but are billed in addition to the contract at cost, plus any professional or administrative fees. rawylprZygm Our time reporting and billing system has certain standard formats that are designed to provide our clients with a detailed invoice of the time and charges associated with their engagement. (We typically discuss these with our clients at our kick-off meeting.) We are also pleased to provide our clients with a custom invoice format but we will have to bill the client for any additional costs associated with their unique requirements. Billings for professional services and charges are submitted every month, in order that our clients can more closely monitor our services. A late fee of one and one-half percent per month is applied to balances unpaid after thirty (30) days. HF&H Consultants, LLC Page 3 of 3 CITY OF SAN RAFAEL TIA 0 411119 10 [ON 4 1 11 1 "! `17 0 ;1 Ly� I INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. FROM: Stephanie Lovette DEPARTMENT: Economic Development TITLE OF DOCUMENT: Resolution Authorizing Assistant City Manager Consultants, LLC to an Amount Not to Exceed the Cities of San Rafael & Larkspur, town of Rc Valley -South Deparinent Head (signature) DATE OF MEETING: 8/15/2011 x to"Am4nd the Existing Contract with HF and H $53, 0 for work on refuse rates and services for ';N' ni ss, a G- Minas Sanitary District and Ross (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY AGENDA ITEM - City Manager (signature) APPROVED AS TO FORM: City Attorney (signature) REMARKS:,T L -L r �'jf. x A! Or P- i