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HomeMy WebLinkAboutAnderson Penna Partners, Inc. - 2018-12-10 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANDERSON PENNA PARTNERS,INC. FOR EVALUATION OF CODE ENFORCEMENT DIVISION THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as "City,"and AndersonPenna Partners,Inc., a California corporation,hereinafter referred to as"Consultant." WHEREAS,City and Consultant are parties to that certain agreement,dated December 10,2018 as amended,entitled"Professional Services Contract Between the City of Huntington Beach and AndersonPenna Partners,Inc.,for Evaluation of Code Enforcement Division"which agreement shall hereinafter be referred to as the"Original Agreement";and City and Consultant wish to further amend the Original Agreement to extend the term thereof and increase the compensation thereof, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. SCOPE OF SERVICES The scope of work to include Code Enforcement services identified in Exhibit A;on an"As Needed Basis". 2. ADDITIONAL COMPENSATION. In consideration of the additional services to be performed,City agrees to pay Consultant,and Consultant agrees to accept from City as full payment for services rendered,a not to exceed amount of Ten Thousand Dollars($10,000)to be added to the current contract amount of Eleven Thousand Eight Hundred Dollars($11,800)for a new 19-7354/197692 1 total contract amount not to exceed Twenty One Thousand Eight Hundred Dollars ($21,800). 4. REAFFIRMATION. Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on r t,rya-,'y y1- ,2019. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of AndersonPenna Partners, Inc. California BY: 2- L' !-ti sA M. PEiy NA ` *t UGC-' `ve to iu irector/Chief (Pur uant To HB C§3.03.100) print name ITS: (circle one)Chainnan/Presiden ice President APPROVED AS TO FORM: AND By: City Attorney MA/ print name Date ITS: (circle one)Secretary/ hief Financial OfScer/ Secretary—Treasurer RECEIVE AND FILE: City Clerk Date —=�7- /r 19-7354/197692 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANDERSON PENNA PARTNERS, INC. FOR EVALUATION OF CODE ENFORCEMENT DIVISION THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AndersonPenna Partners, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Evaluation of Code Enforcement Practices, Procedures and Staffing; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Scott Barber who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs to$49 10115 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on �)ems[—j??AgC-j 20_AR (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 45 days from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,a fee, including all costs and expenses, not to exceed Eleven Thousand Eight Hundred Dollars ($11,800). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit"B." agree/surfnet/professional svcs to$49 10115 2 of 11 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion,whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT,its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for agree/surfnet/professional secs to$49 10/15 3 of I I CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. agree(surfneUprofessional svcsto$49 10/15 4 of 11 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is,' and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other agree/surfnet/professional Svcs to$49 10115 5 of 11 payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause,and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any agree/surfnet/professional svcsto$49 10/15 6 of 11 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Scott Barber ATTN: Ursula Luna-Reynosa AndersonPenna Partners, Inc. 2000 Main Street 3737 Birch Street, Suite 250 Huntington Beach, CA 92648 Newport Beach, CA 92660 sbarber@andpen.com 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. agree/surfnet/professional Svcs to$49 10115 7 of 11 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of agree/surfnet/professional svcsto$49 10115 8 of 11 the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. agree/surfnet/professional sves to$49 10/15 9 of 11 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties,oral or otherwise, have been made by that party or anyone acting on that party's behalf which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. agree/surfnet/professional svcs to$49 10/15 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California COMPANY NAME AndersonPenn Partners, Inc. "I a By: Director/Chief (Pursuant To HBMC§3.03.100) &AA96iy &41j .2j- APPROVED AS TO FORM: print narne I ITS: (circle one)Chairman/PmidentNice President AND City Attorney By: Date print name a RECEIVE AND FILE: ITS: (circle am)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer r'�CY�"►rl/ �& City Clerk Date - - iZ O agrdsurfneUpmfessional svm to$49 to/Is 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Evaluation of the City of Huntington Beach Code Enforcement Division,including a review and suggested update to the City's Policy and Procedures Manual, analysis of case processing,review of case processing techniques,an anlysis of staffing,and review of effciencies to be added to the Code Enforcement Division. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Consultant will function as an extension of City staff. 2. Consultant will provide the tasks and services as described and outline in the Scope of Work dated November 16, 2018 Task 1 - Review of City's Policies and Procedures Task 2 -Meet with staff,ride-a longs, review process map and document Task 3 -Review code enforcement case data,provide analysis Task 4 -Findings Memorandum C. CITY'S DUTIES AND RESPONSIBILITIES: City staff will provide available data necessary to conduct review D. WORK PROGRAM/PROJECT SCHEDULE: N/A EXHIBIT A EXHIBIT"B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Project Manager $200/hour B. Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT s firm that the work has been performed in accordance with the provisions of this Agreement;and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30)days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in,or has been brought I Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANDERSON PENNA PARTNERS, INC. FOR EVALUATION OF CODE ENFORCEMENT DIVISION Table of Contents 1 Scope of Services................................................................................................................ 1 2 City Staff Assistance...........................................................................................................2 3 Term;Time of Performance................................................................................................2 4 Compensation......................................................................................................................2 5 Extra Work..........................................................................................................................2 6 Method of Payment.............................................................................................................3 7 Disposition of Plans,Estimates and Other Documents.......................................................3 8 Hold Harmless.....................................................................................................................3 9 Professional Liability Insurance..............................................................................4 10 Certificate of Insurance.......................................................................................................5 11 Independent Contractor.......................................................................................................6 12 Termination of Agreement..................................................................................................6 13 Assignment and Delegation..................................................................................................6 14 Copyrights/Patents..............................................................................................................7 15 City Employees and Officials..............................................................................................7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................8 19 Section Headings.................................................................................................................8 20 Interpretation of this Agreement.........................................................................................8 21 Duplicate Original...............................................................................................................9 22 Immigration..........................................................................................................................9 23 Legal Services Subcontracting Prohibited...........................................................................9 24 Attorney's Fees..................................................................................................................... 10 25 Survival................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................ 10 28 Entirety................................................................................................................................. 10 29 Effective Date.................................................................................11 �_ -N**%k ANDERSON • PENNA • PARTNERS IN PROJECT DELIVERY • November 16,2018 Ursula Luna-Reynosa Director of Community Development City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Subject: Professional Services for the Evaluation of Code Enforcement Practices,Procedures and Staffing Dear Ms.Luna-Reynosa, AndersonPenna Partners,Inc.(APP)welcomes this opportunity to propose our code enforcement evaluation services for the City of Huntington Beach's(City)Code Enforcement Program.APP is confident that we will provide professional,experienced and customer-friendly services to perform this program evaluation that will meet the high standards of the City. Our Firm APP is a California corporation that has been providing services to California public agencies for more than 12 years.Our services include assisting agencies with staffing their Code Enforcement Divisions as well as evaluations of Code Enforcement Programs.Services for this proposed evaluation will be conducted by Scott Barber,Municipal Services/Marketing Executive. Scott has 30 years of municipal government experience,was a founding member of the California Association of Code Enforcement Officials,created and enhanced code enforcement programs during his service to both the City of Riverside and the County of Riverside and has completed three code enforcement program evaluations for the Cities of Burbank,Ventura and Merced while working as a team member for APP. We have attached Scott's resume for your review and consideration. Project Understanding APP understands the City is planning to utilize consulting services to perform a third-party evaluation of the City's Code Enforcement Program,including a review and suggested updates to the Cites Policy and Procedures Manual,analysis of case processing with both office and field staff,a statistical and trend review of caseloads and case processing techniques,an analysis with recommendations for"right sizing"code enforcement investigative responses based upon staffing and budget resources,as well as an overall program review seeking efficiencies to be added to the Code Enforcement Program.The expected outcome from these reviews will be a"Findings Memorandum"with specific program recommendations. Scope of Work APP proposes the following activities: • Review and suggest changes to the existing Code Enforcement Program Policy and Procedures Manual • Review and field/office validate the process map contained in the Policy and Procedures Manual • Field review enforcement activities and investigative techniques with field staff NEWPORT BEACH EL SEGUNDO RIVERSIDE LONG BEACH WWW.ANOPEN.COM CERTIFIED DBE City of Huntington Beach f November 16,2018 ANDFRSON-PENNA Page 2 .. ,. ..o,. . ..,,.,.. • Perform trend analysis on the City's code enforcement case data,mining additional trends based on individual officer actions,violation types and other trends impacting performance and compliance • Make recommendations and findings based upon current and potential future conditions in the City,industry trends and changing enforcement realities • Create a final"Findings Memorandum"with recommendations for process,staffing and program improvements Proiect Breakdown APP's rate is$200 per hour for the above described type of consultant services,along with a billing rate of$90 per hour for administrative support.The costs breakdown for this project are as follows: • Review of City's Policies and Procedures,compare with other jurisdictions and create recommendations for potential changes. Sub Total:8 hours x$200=$1,600 • Meet with office and field staff,review the process map and Policies and Procedures,ride-along with field staff and document the enforcement process. Sub Total:8 hours x$200=$1,600 • Review code enforcement case data and perform trend analysis based upon the data. Sub Total:8 hours x$200=$1,600 • Based upon findings and observations,create a final"Findings Memorandum". Sub Total:26 hours x$200=$5,200 • Our proposed Scope of Services will result in a Grand Total billing of$11,800($10,000 for consultant/$1,800 for administrative support)and no charges for expenses will be invoiced. APP is hopeful that our proposal meets your desires and expectations for your project.We look forward to working with the City in this regard. If there are changes,additional information,or alternate dates needed,please contact Scott Barber at (951)522-0646. We look forward to hearing from you and working with the City. Sincerely, AndersonPenna Partners,Inc. r Siephen G.Badum,PE Group Leader,Engineering and Municipal Services Scott Barber I APP Public Administration(Municipal Consultant) Education: MBA/1999/Business/California Baptist University,Riverside BA/1983/Theater Arts/University of California,Riverside Years of Experience Entered the profession in 1988 Scott Barber brings 30 years of local government experience,creating success through outstanding innovation and strategic partnerships,coupled with a fundamental and deeply ingrained understanding that public trust is earned each day and must never be taken for granted.Scott also has extensive experience in development processes and economic development activities related to business attraction through entitlement and permitting incentives.He has excellent communication skills and presentation skills,combined with solid budgeting and finance experience. RELEVANT EXPERIENCE Code Enforcement Program Review,City of Burbank,CA.Conducted an in-depth review of the City of Burbank's Code Enforcement Program,including onsite evaluation of office and field activities,systems analysis,program alternatives and modernization,resulting in a comprehensive management report and"road map"for bringing about long-term and sustainable change to the program. Code Enforcement Program Review,City of Ventura,CA.Created a"Findings Memorandum"after conducting an onsite review of office and field functions,all code enforcement documentation and policies,validating information presented by Ventura's staff for City Management and Council approval of program enhancements. Code Enforcement Program Review,City of Merced,CA.Created a comprehensive Policies and Procedures Manual, along with findings and recommendations for program enhancements,based upon interviews with office,management and field staff,for use by the City's Code Enforcement Task Force. San Mateo Sober Living Civil Case,County of San Mateo,CA.Served as expert witness for the County of San Mateo in defense of a federal civil rights complaint regarding housing discrimination. City Manager's Office,City of Riverside,CA.Served as city manager for the City of Riverside(City),a full-service, municipal corporation with annual budgets of approximately$1 billion and 2687 FTEs.The City is the 12th largest city in California and has a population of 308,511 citizens in an area of about 80 square miles.The City is unique from many other cities in California,as it has its own publicly owned utility(electricity and water)and operates a regional water quality control plant.Municipal services provided by the City include police,fire,roads,parks,museums,libraries,development services,an airport,and internal service functions in support of operational departments.The City has an elected Mayor, seven Councilmembers elected by wards and is a charter city with a Council-Manager form of government. Responsibilities and accomplishments include: • Revised citywide budget procedures to increase transparency in the creation and tracking of project expenditures and strategic use of General Fund reserves. • Lead the stakeholder involved design process for the$45-million reconstruction of the Riverside Convention Center. • Created the successor agency to the City's former redevelopment agency,and successfully lead the City to a"Finding of Completion"from the California Department of Finance for the long-range property management of more than 30 properties,and the approval of$1.57 billion in Recognized Payment Obligation Schedule(BOPS)reimbursements. • Completed the construction of two new City parks(Doty-Trust and Ryan Bonamino),utilizing multiple funding sources(COPS,RDA bonds,inter-fund loans)for a total cost of approximately$14 million. • Lead the educational outreach for two citywide ballot measures reauthorizing a parcel tax for library services (Measure 1),along with the reauthorization of a transfer of water utility revenue to the General Fund of$6.7 million annually(Measure A). Both measures passed by more than sixty-six percent(66%). Scott Barber—Page 1 �i \ ANDERSON•PENNA • Revised the City's Economic Development Action Plan,embedding in the plan the principles of Riverside"Seizing Our Destiny",which is a community-based movement driving the City's economic future.The result was an annual increase in local jobs of 3,200 private sector,along with 12,000 construction-related positions associated with various local and state transportation projects. • Reorganized City operations,merging art and culture functions with our municipal museum,the Development Department(that included Redevelopment)with our Community Development Department,and moved all capital projects(excluding park design)to our General Services Department. • Guided the"Business Ready Riverside"initiative,which included the implementation of electronic plan review (ProjectDox),creation of the"Business First"permit processing team who provide concierge service to new businesses creating jobs in Riverside,and the approval of the City Council to move towards"Smart Codes"for the upcoming General Plan cycle,which created form-based codes,eliminating the need for individual CEQA review on compliant projects within the Smart Code zones. Community Development Department(Department),City of Riverside(City),CA.Served as the community development director for the Department,which was formed during Fiscal Year 2005-06 by combining the Planning and Building and Safety Department with the Code Enforcement Division of the Public Works Department.(08/2005-08/2011) Responsibilities and accomplishments include: • Lead the adoption effort for a new General Plan,Zoning Code,Smart Growth guidelines and implementation matrix for the City's GP 2025,which won a Southern California Association of Governments"Compass Blueprint"award for excellence. • Completed the reorganization and improvement of the Code Enforcement Division,including the creation of national best practices with the Neglected Property Abatement Team,as well as winning state and national awards for our marketing and outreach programs. • Lead joint community/elected/staff meetings to create"Neighborhood Plans",which are essentially neighborhood- based specific plans for the University and Eastside neighborhoods. • Assisted the City managers office in outreach efforts to the environmental and historical communities,enhancing the City's representation and collaboration with these groups and the development community. • Assisted the City's economic development efforts through the creation of"fast track"programs,(business attraction through streamlined entitlement and permit processing)and developed the City's"Concurrent Processing" procedures,reducing an applicant's time and the costs associated with development projects. • Implemented the first"Incentive Based Green Building Program"in the State of California in collaboration with the Building Industry Association. • Budgeted,created and administered annual budgets ranging from$12 to$15 million. • Created a new revenue stream through the Neglected Property Abatement Program. • Selected and implemented new web-based code enforcement software(GoEnforce). • Revitalized planning division processes utilizing a staff-driven"Good to Great"approach,creating streamlined review guidelines and higher customer satisfaction. • Served as chairman of the Mobilehome Parks Rent Stabilization Board and implemented appeal processes and procedures. • Negotiated habitat transfers and removal of habitat designations on behalf of the City with the Regional Conservation Authority,Fish and Game,and Fish and Wildlife agencies. Transportation and Land Management Agency(TLMA),County of Riverside,CA.Served as assistant agency director/director of administration. Responsibilities and accomplishments include: Scott Barber—Page 2 ANDEFSON•PENNA • Managed an annual budget of approximately$170 million($100 million in programmed capital improvements),with agency oversight of 900 staff members. . Created the Environmental Programs Department,including policy,procedure and mission implementation,creation of ordinances and operating guidelines,staffing and budgets. . Lead and/or assisted in the recruitment and hiring of three department directors(building official,transportation director and planning director). . Responsible for all administrative functions of the agency,including Information resources,purchasing,human resources,payroll,accounting,customer service,and asset management. . Selected by the County's executive officer to be a founding member of the County's Leadership Initiative Design Team which was responsible for creating and conducting training programs to provide greater leadership skills for senior managers in all departments throughout Riverside County.Created and taught the course"Coaching and Mentoring," and served as a certified interpreter for Lominger"Voices 360 degree"assessments. Scott Barber—Page 3 ANDEKSON-PENNA