HomeMy WebLinkAboutMANAGEMENT PARTNERS, INC. - 1999-12-20M
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CA I_ I FO R N I A 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: JiZnU""DQ
TO: ATTENTION: _� meg)_& maLJ
Name
DEPARTMENT;
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City, state, Zip
See Attached Action Agenda ItemDate of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
Agreement
Bonds
Insurance
RCA
Deed
Other
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RCA
� Agreement
insurance Other
Name
Department
RCA Agreement
Insurance Other
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RCA Agreement
Insurance Other
Name
Department
RCA Agreemerf
Insurance Other
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
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Council/Agency Meeting Held:
Deferred/Continued to:
pt ved Z4.Conditionally Approved ❑ Denied
_
Clerk's Signature
Council Meeting Date: December 20, 1999
Department ID Number:
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBMITTED BY: GAIL HUTTON, City Attorney' ) - i3-G1
RAY SILVER, City Administrator oeaP
PREPARED BY: RICHARD BARNARD, Deputy City Administrator"
PETER GRANT, Senior Analys60=�
SUBJECT: Approve an Agreement for a Management Review of the City
Attorney's Office
Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Approval of an agreement for a management review of the City Attorney's Office to be
performed by Management Partners, Inc.
Funding Source:
The management review of the City Attorney's office is budgeted in the FY 1999-2001
budget. Funding source: General Fund, Non -Departmental, amount not to exceed $85,000.
Recommended Action:
1. Approve the agreement for a management review of the City Attorney's office to be
performed by Management Partners, Inc. and authorize the Mayor and City Clerk to
execute the agreement.
2. Accept the Settlement Committee's 'recommendation to waive professional liability
insurance.
Alternative Action(s):
1. Do not approve the agreement and direct staff accordingly.
• REQUEST FOR ACTION •
MEETING DATE: December 20, 1999
Analysis:
A. Background
DEPARTMENT ID NUMBER:
At its June 7, 1999 meeting, the City Council requested the City Attorney and City
Administrator jointly engage a firm to perform a management review of the City Attorney's
office. As a result of that direction, staff prepared and distributed a Request for Proposal
(RFP) for a management review of the City Attorney's office to 33 professional management
consulting firms.
The city received three responses to its RFP. The firms responding were:
1. Management Partners, Inc.
2. The Consulting Collaborative
3. Barrington -Wellesley Group
In light of the specialized nature of the review (an elected city attorney's office) and the
extensive scope of work, both the City Attorney's and the City Administrator's offices were
pleased with the quality,of the proposals.
Initial interviews were conducted in early November. At that time, staff narrowed its
consideration to two proposals - Management Partners, Inc. and The Consulting
Collaborative. Additional inquiries into these two firms, including second interviews, work
product reviews and reference checks, were undertaken to ensure the city selected the best
proposer.
After the extensive review process, the City Attorney and City Administrator jointly
recommend retaining Management Partners, Inc.
B. Management Partners, Inc.
Management Partners, Inc. was founded in 1994 to assist local government leaders in
improving the way in which their organizations work. Management Partners has extensive
experience providing operations improvement consulting services to local governments. The
firm has assigned a highly qualified consultant team to work with the city including, two
former city managers - Gerald Newfarmer, former city manager of Cincinnati, San Jose and
Fresno and John Baker the former city manager of Ventura.
Management Partners has completed similar projects in the cities of Las Vegas and Oakland
where a review of city attorney operations was included as part of an organization wide
study.
In order to secure the legal expertise necessary to conduct this review, Management
Partners has teamed with the Law Offices of Robert J. Logan. Mr. Logan is a highly
respected attorney and has practiced municipal law for more than 30 years. Mr. Logan has
served as the city attorney for San Jose, Pittsburgh (CA) and Livermore, and is currently a
Select Management Partners -2- 12M3l99 4:00 PM
• REQUEST FOR ACTION •
MEETING DATE: December 20, 1999 DEPARTMENT ID NUMBER:
contract city attorney to several California cities. Mr. Logan and his firm have performed a
similar' management review of the Los Angeles Metropolitan Water District's legal
department.
C. Scope of the Management Review
In response to the city's RFP, Management Partner's proposal details its approach for a
comprehensive review of the City Attorney's office. The scope of work includes examination
of the following aspects of the City Attorney's operations:
■ Strategic planning
■ Organizational structure
■ Personnel management
■ Process improvement
■ Performance measurement
In addition to these areas, Management Partners will prepare a profile detailing the office's
current method of operation and consider the City Attorney's relationship to other City
departments and its use of outside counsel.
D. Performance of the Management Review
Staff expects Management Partners to begin the management review of the City Attorney's
office in mid -January. The draft final report is due 120 days after the -review is initiated, likely
mid -May.
Richard Barnard, Deputy City Administrator, will jointly manage the project from the City
Administrator's office in close consultation with the City Attorney.
AttachmentU:
1. Agreement for a Management Review of the City Attorney's
Office to be Performed by Management Partners, Inc.
2. Settlement Committee Recommendation to Waive Professional
Liability Insurance
RCA Author: Grant
Select Management Partners -3- 12/13/99 4:00 PM
Attachment 1
0
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MANAGEMENT PARTNERS, INCORPORATED,
FOR
MANAGEMENT REVIEW OF THE CITY ATTORNEY'S OFFICE
THIS AGREEMENT is made and entered into this day of December, 1999, by
and between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and Management Partners, Incorporated, an Ohio corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to conduct a
management review of the City Attorney's Office of the -City of Huntington Beach; 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 said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows;
WQRK STATEMENT
CONSULTANT shall perform the Scope of Work as described in Section IV of
CITY's Request for Proposal. In order to perform the Scope of Work, CONSULTANT shall
follow the Work Plan described in CONSULTANT's Proposal dated October 8, 1999. Said.
Scope of Work and Work Plan shall sometimes hereinafter be referred to as the "PROJECT," and
are attached hereto as Exhibit "A".
CONSULTANT hereby designates Gerald E. Newfarmer, CONSULTANT's
Chairman and CEO, who shall represent it and be its sole contact and agent in all consultations
with CITY during the performance of this AGREEMENT
wbeeler management partneis contracti12 13199
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator, as well as an Assistant City Attorney or
staff attorney, to work directly with CONSULTANT in the performance of this AGREEMENT.
3. TITVIE OF PERFORMANCE
Time is of the essence of this AGREEMENT. The services of CONSULTANT
are to commence as soon as practicable after the execution of this AGREEMENT and the
CITY's Notice to Proceed, and all tasks specified in Scope of Work shall be completed no later
than six (6) months [24 weeks] from the date of the CITY's Notice to Proceed. These times may
be extended with the written permission of CITY. The time for performance of the tasks
identified in Scope of Work are generally to be shown in the Scope of Services on the Work
Program/Project Schedule contained in CONSULTANT's Proposal. This schedule may be
amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Eighty-five Thousand Dollars (S85,000).
5. SERVICES OF ROBERI J. LOGAN ES .
One of the members of CONSULTANT's project team is Robert J. Logan, Esq.,
who is a well-known, highly trained and experienced attorney in the field of municipal law. In
CONSULTANT's October 8, 1999 proposal, Mr. Logan is shown as devoting 32 hours of his
time to the PROJECT. The CITY is desirous that Mr. Logan devote more time to the PROJECT
than 32 hours, and Mr. Logan is agreeable to do so. Before CITY issues its Notice to Proceed,
CONSULTANT and CITY shall agree in writing as to the total number of hours (some amount
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w•heelermanagement partners contract,112%13%99
0
in excess of 32 hours) Mr. Logan is to devote to the PROJECT, and his assigned tasks; which
written document shall become as part of this AGREEMENT.
b. EXTRA WORK
In the event CITY requires additional, different or substituted services from those
described in the Scope of Work, CONSULTANT will undertake such work after receiving joint
written authorization from the City Administrator and the City Attorney, or their designees.
Additional compensation for such extra work shall be allowed only if the prior written approval
of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth in Paragraph 4 hereinabove, in accordance with CONSULTANT's completion of
each of the six (6) activities set forth on Page 11 of CONSULTANT's October 8, 1999 Proposal.
B. Delivery of work product: A copy of all "Fieldwork Deliverables" and all
"Report Deliverables," as prepared by CONSULTANT, shall be submitted to -CITY, in
accordance with CITY's Request for Proposal, 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. Any such product which has not been
formally accepted or. rejected by CITY shall be deemed accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
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wheeler/management partners cantracV1211 Y99
4) 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
5) -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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in CONSULTANT's Work Plan shall be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services authorized 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.
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wheelerimanagement partners contract/12/13M
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials -may be used by CITY in the completion of
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising
out of or in connection with performance of this AGREEMENT or its failure to comply with any
of its obligations contained in this AGREEMENT except such loss or damage which was caused
by the sole negligence or willful misconduct of CITY.
10. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and
be responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
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wheeler..management partners con tracu 12 `13199
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
11. 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 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.
12. ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
13. 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.
14. 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 financial interest in this AGREEMENT in violation of the applicable provisions of the
California Government Code.
15. NOTICES
Any notice or special instructions required to be given in writing under this
AGREEMENT shall be given either by personal delivery to CONSULTANT's agent {as
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wheel eri management partners contracu 12i 13199
designated in Section 1 hereinabove) or to both City Administrator and City Attorney, as the
situation shall warrant, or by enclosing the same in a scaled envelope, postage prepaid, and
depositing the same in the United States Postal Service, addressed as follows:
TO CITY:
Mr. Ray Silver
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Gail Hutton, Esq.
City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
16. IMMIGRATION
TO CONSULTANT:
Mr. Gerald E. Newfarmer
Chairman and CEO
Management Partners, Incorporated
31811 Linwood Avenue, Suite 25
Cincinnati, OH 45208
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.
17. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney's
fees.
18. ENTIRETY
The foregoing, and the attachments hereto, set forth the entire AGREEMENT
between the parties.
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wheelerimanagement partners contract!]2-13 99
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by and through their authorized offices the day, month and year first above written.
CONSULTANT
B
prin name
ITS: (circle one) hairmar President/ -Vice President
AND
By:
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ial Officer/Asst.
REVIEWED AND APPROVED:
Cit Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
ATTEST: ,
City Clerk
APPROVED AS TO FORM /
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i�y Attorney
�y —13 7
!i-LTt j C,o4-
INITIATED AND APPROVED:
City A ' inistrator
INITIATED AND APPROVED:
City Attorney S
iz-ao-
wheeler./management partners contract!12/13199
Rl
WRITTEN ACTION OF THE DIRECTORS
OF
MANAGEMENT PARTNERS, INC.
Pursuant to Section 1701.54 of the Ohio Revised Code, the undersigned, being all
of the duly elected Directors of Management Partners, Inc., an Ohio corporation (the
"Corporation"), hereby adopt by this written action of Directors without a meeting, the
following resolutions with the same force and effect as if such resolutions were
unanimously adopted at a duly called and convened meeting of the Directors.
WHEREAS, the directors have reviewed the Agreement
for Consulting Services between the City of Huntington
Beach, California, and Management Partners, Inc.,
dated December, 1999; now., therefore be it
RESOLVED, that Gerald E. Newfarmer, Chairman &
CEO, is hereby authorized and directed to take any and
all action necessary to consummate the contract with
the City of Huntington Beach, California, including,
without limitation, serving as the sole signatory on the
City Attorney Management Review Project.
The foregoing resolutions shall be effective as of the I" of December, 1999.
G 99
De
/�y
Date
Gerald E. Newfarmer, Vairman & CEO
Gerald E. Newfarmer, Se e ary
CITY OF HUNTINGTON BEACH
REQUEST FOR PROPOSAL
for
Management Review of the City Attorney's Office
The City of Huntington Beach (City) is requesting proposals for the preparation of a
management review of the City Attorney's Office. Responses to this Request for
Proposal (RFP) are to be submitted no later than 5:00 P.M. on October 8, 1999 to:
Mr. Richard Amadril, Central Services Manager
Administrative Services
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
714/536-5221, Fax #714/374-1571
Ten (10) copies of the proposal shall be submitted in a sealed envelope and marked
Proposal for City Attorney Management Review. Proposals received after the specified
time will not be accepted and will be returned unopened. Specific questions regarding
the Scope of Work included as part of this Request for Proposal may be addressed to
Mr. Richard Amadril, Central Services Manager, in writing.
INDEX
Section Page
I. Introduction................................................................................... 2
ll. Schedule of Events....................................................................... 2
III. Project Background & Purpose ..................................................... 3
IV. Scope of Work.............................................................................. 4
• CITOF HUNTINGTON BEACH
Management Review —City Attorneys Office
Requestfor Proposals
Page 2
Index (continued)
V. Proposal Requirements................................................................ 12
VI. Fieldwork Deliverables.................................................................. 15
VII. Report Deliverables...................................................................... 16
VIII. Submission of Monthly Progress Reports & Invoices ................... 18
IX. General Contract Requirements................................................... 18
X. Consultant Evaluation & Selection Process .................................. 20
I. INTRODUCTION
The City of Huntington Beach is requesting proposals from qualified firms to conduct a
comprehensive management review of the City Attorney's Office. The City Attorney is
an independent elected official and is supported by a permanent staff of 14 and one
part-time, temporary Special Counsel. The staff is comprised of two Assistant City
Attorneys, five Deputy City Attorneys, one Senior Legal Secretary, three Legal
Secretaries, one Investigator, one Law Office Manager, and one Office Assistant. The
City Attorney has held her position since 1978. The last management review of the
Office was sought in 1985.
As set forth at §309 of the Huntington Beach City Charter, the primary function of the
Office is to represent and advise the City in a broad range of legal matters associated
with the daily conduct of City business. Generally, legal services can be grouped into
the two major categories of routine advisement/review regarding City business matters
and litigation. Routine advisement/review assistance includes such matters as contract
preparation'and approvals, administrative proceedings, insurance and deed approval,
procurement procedures, City criminal code enforcement issues and prosecution, and
eminent domain proceedings. The City Attorney or her designee attends City Council
and Planning Commission meetings and advises City Boards and Commissions.
Litigation matters also span a broad spectrum of topics and include everything from slip
and fall lawsuits and personnel matters to complex lawsuits involving multiple agencies
and/or businesses.
Ir. SCHEDULE OF EVENTS
9/10/99
Schedule of Events from Issuance of RFP to Award of Contract
City Issues RFP
10/8/99
Proposals are due
10/22/99
Proposal Evaluation Completed
11/1/99
Approval of Contract by Council
11/2/99
Notice to Proceed
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CITOF HUNTINGTON BEACH
Management Review —City Attorneys Office
Request for Proposals
Page 3
III. PROJECT BACKGROUND & PURPOSE
Huntington Beach is a charter city, administered by a Council/Administrator form of
government. Huntington Beach is a full service city encompassing an area of 28
square miles with a population of 196,700. The total annual City budget is
approximately $234 million, with the General Fund portion of the budget totaling
approximately $110 million. The annual budget of the City Attorney's Office is
approximately $1.6 million.
This management review resulted from interest by the City Council regarding all City
departments' administrative and management practices. The City Council is currently
reviewing a new plan and schedule for conducting similar management reviews for all
departments on a biannual cycle.
The goal of this review is to complete a comprehensive evaluation of the administrative
operations, policies, and procedures of the City Attorney's Office with the intent to make
recommendations to the City Attorney to increase overall efficiency, timeliness, and
customer service. The review should address the Office's mission, structure, staffing,
budget, administrative costs, and processes and provide detailed recommended
actions for improving overall efficiency and operations.
A detailed work plan should be provided based on the consultant's experience and
expertise in previous public law office management studies, relative to the tasks shown
in Section IV below. In general, at the conclusion of this management review, the City
is seeking documentation and recommendations regarding the following:
• Determination of existing department functions, workload, service levels,
policies, and objectives
• Determination of whether existing staff can be more effectively utilized through
systematic work planning and scheduling
• Documentation of how the internal operation, supervision, work methods, staffing
levels compare to other municipal jurisdictions
• Documentation of suggested performance measurements or benchmarks
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CI F HUNTINGTON BEACH
Management Review — City Attoa*s Office
Request for Proposals
Page 4
IV. SCOPE OF WORK
Task I: Preliminary Survey and Scope of the Review
1.1 Ensure all parties have a clear understanding of, and agree with, the
scope of the project
1.2 Obtain the views and perspectives of City Attorney's clients (e.g., City
Council, departments, etc.) through interviews, focus groups, etc.
1.3 Prepare a profile of the City Attorney's Office including mission, goals,
objectives, regulations, business processes, workload targets, indicators,
and performance measures
a. Description of mission, goals, objectives, etc.
b. Organizational chart(s)
c. Applicable laws, regulations, manuals, and guidelines
d. Annual reports and other management reports and correspondence
e. Budget documents
f. Significant work assignment responsibilities and systems to measure
accountability
g. Significant staffing and workload descriptions
h. Identification and description of performance measures and
standards
i. Identification and description of management information and
reporting systems
j. Identification and description of significant workload trends (or
changes) facing the City Attorney's function
k. Identification and description of equipment and technology
requirements
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• CITOF HUNTINGTON BEACH
Management Review — City Affomeys Office
Request for Proposals
Page b
Identification and description of significant internal_ and external
interfaces
1.4 Recommend a revised scope and/or revised objectives, if needed, to
include areas where potential .problems may exist, or to exclude areas
where additional effort is not warranted
Task 2: Assessment of Department Functions
Task 2 includes the assessment and evaluation of the department's strategic planning,
organizational structure, and personnel management. The proposed scope of work
should address the procedures and techniques the selected consultant will utilize in
completing this task. The consultant should have on staff, or secure by 'the use of a
sub -consultant, an experienced public sector municipal law attorney with supervisorial
experience (perhaps a current or former city attorney) to assist with Task 2.
Strategic Planning
2.1 Assess the adequacy of strategic planning procedures to accommodate
changing trends in law office management
2.2 Identify and analyze planning efforts by management to keep abreast of
developments in the law that would affect the City and the City Attorney's
Office
Organizational Structure
2.3 Analyze the organizational structure of the City Attorney's Office and its
relationship to case processing, the degree of specialization, the handling
of legal matters, management control and accountability, span of control,
including benchmarking with comparable organizations at the local level
a. Are the levels of management and spans of control adequate given
the strategic importance and complexity of each function?
b. Are any organizational units or components redundant, or do they
represent an inefficient use of resources?
c. Do internal communications flow freely between organizational
layers?
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CITOF HUNTINGTON BEACH
Management Review — City AttoaWs Office
Request fbr Proposals
Page 6
d. Are there adequate levels of administrative support?
e. Are ratios of administrative staff to legal staff appropriate?
2.4 Evaluate the organizational structure and administrative/management
positions
a. Are the lines of authority and spans of control adequate to ensure
quality control and performance and appropriate to meet the current
and future needs?
b. Is the organizational structure effective in ensuring process
efficiency?
c. Are there any overlapping or duplications of functions?
d. Is decision -making authority properly distributed throughout the
Office?
e. Are there effective internal and external communication networks in
place?
f. Are management and supervisory control mechanisms in place to
ensure that deadlines and service goals are met?
Personnel Management
2.5 Assess the adequacy of the Office's staffing resources, given existing
workload levels and litigation trends. Include support services such as
legal and office assistants
2.6 Assess the allocation of staffing resources among various services and
specialty areas
a. Do staffing ratios properly reflect the demands of the various types of
services?
b. Are administrative and clerical staff allocated adequately among the
various types of services?
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CITOF HUNTINGTON BEACH
Management Review — City Attor *s Office
Request for Proposals
Page 7
c. Are staffing resources allocated adequately in various stages of
litigation?
d. Are staff classifications being effectively utilized and applied for the
Office's work activities and analysis such as paralegals, law clerks,
and staff assistants?
2.7 Evaluate the effectiveness of staff evaluation, utilization, and retention
a. Do legal, investigative, and administrative staff receive the proper
amount of initial and continuing education?
b. Are mentoring or informal coaching programs in place to aid in the
development of new attorneys?
c. Are performance appraisals done on a timely basis? Do they provide
the right kind of feedback?
d. Are staff assignments based on the best utilization of the skills of the
individual attorneys and to increase staff experience?
e. Are staff skills appropriate to perform tasks completely?
f. Are there appropriate levels of supervision/management to ensure
that quality work is performed?
g. Are reporting relationships effective?
h. Define and determine if work plans exist for each staffing level, and if
they meet current and future needs
i. Are there any improvement opportunities in staffing productivity that
can enhance service levels or provide cost savings?
2.8 Assess employee morale through interviews and surveys, etc. Identify
root causes for any morale issues
2.9 Evaluate the training function and the dissemination of accurate and.
timely information to the staff
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• CIT01F HUNTINGTON BEACH
Management Review — City Atton*s Office
Request1br Proposals
Page 8
Task 3: Process Improvement Evaluation
Using best business practices appropriate for in-house municipal law offices and firms
specializing in municipal law with comparable and case mix, evaluate the effectiveness
of the City Attorney's Office in accomplishing its mandated and discretionary functions.
This evaluation will include the efficiency (using appropriate performance standards)
and effectiveness of case assignment and processing including comparisons with
approaches used by similar entities.
This evaluation will include a review of the applicability and use of best practices or
other innovations in expediting cases and improving overall effectiveness.
3.1 Are state-of-the-art practices (including those of other public sector law
firms) utilized?
3.2 In light of State law and State and local court rules designed to expedite
resolution of lawsuits, are litigation strategies utilized to expedite case
resolutions promoting efficiency and reducing financial risk?
3.3 Is the City's Settlement Committee effective?
3.4 Is the City's Legal Affairs Committee effective?
Task 4: Evaluation of Overall Department Effectiveness
4.1 Through interviews with clients (e.g., City Council, City departments, etc.)
and other entities that interact with City Attorney's Office, as well as
through the use of assessment techniques, gauge perceptions of the
responsiveness and effectiveness of the City Attorney's Office
4.2 Evaluate the relationship of the City Attorney's Office with other agencies
and the courts
Task 5: Development of Appropriate Performance Measures
5.1 Define, compare and assess the use and appropriateness of performance
measures, benchmarks and workload statistics among similar full service
public law offices
5.2 Evaluate the Office's use of, performance measures and benchmarks to
evaluate internal effectiveness and direct management attention
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5.3 If performance measures are not utilized, develop measures, in light of
State law and State and local court rules designed to expedite resolution
of lawsuits, for major office functions such as prosecuting and defending
legal actions, issuing legal opinions, drafting and reviewing contracts,
approving deeds and insurance, etc.
5.4 Evaluate the automated systems in place or in planning for case/opinion
tracking, legal research, case reporting to counsel, grievance reporting to
the Personnel Commission and Police department, integration with other
government agencies, document generation and retrieval, billing or other
administrative functions, and managing workload
a. Are current systems accessible to City Attorney staff?
b. Do the systems incorporate the most current technology?
C. Do the systems provide access to the most useful, current data?
Task 6: With the Use of an Experienced Municipal Law Attorney, Evaluate the
Department's Use of Outside Counsel and Outsourcing
6.1 In light of City Charter §309, evaluate the Office's policies regarding use
of outside counsel for handling certain matters
6.2 Is the use of outside counsel appropriate given the workload and nature of
the legal matters outsourced?
6.3 Is the use of outside counsel cost effective?
6.4 How are outside counsel overseen with respect to quality control,
compliance, transfer of knowledge, and follow-up?
6.5 Are steps being taken to eventually bring outsourced matters back in-
house where appropriate?
6.6 Should other functions be outsourced?
6.7 Does the Office have an effective legal cost and bill review process,
analysis, and standard?
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Task 7: Evaluation of Claims Administration and Litigation
Evaluate the process for oversight and management of claims administration and
litigation under contracts with third party administrators in regard to the allocation of
responsibilities between the City Attorney's Office and Administrative Services' Risk
Management Division.
7.1 Is the allocation of responsibilities for this function designed to minimize
financial risk for the City and maximize the expeditious resolution of claims
and litigated cases?
7.2 Is the split of responsibility between these two departments cost effective
internally?
7.3 How does the split of responsibility impact quality control of the
performance of outside counsel?
7.4 What mechanisms would improve functionality of the process within the
current configuration?
Task 8: Review of Potential Cost Recovery Opportunities
The objective of this task is to determine if there are any specific opportunities for the
City Attorney's Office to recover costs for services rendered to City departments and/or
other public'agencies (if any), as well as to identify other potential funding sources.
8.1 Determine if effective measures have been taken by the City to minimize
the loss exposure of City departments through training or information
sharing
8.2 Determine if the City Attorney's Office is taking advantage of opportunities
for grants or enhanced funding that may be available, and if there are
other ways to increase program funding
Task 9: Overall Review Report Requirements
9.1 Evaluate conditions noted during the review that may potentially conflict
with program guidelines, legal mandates, or funding restrictions
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9.2 During any phase of the project, seek approval from the City Administrator
and City Attorney or their designees before proceeding with any redefined
project objectives
9.3 Analyze and interpret the results of performing the review procedures
9.4 Recommend legislation, if any, needed to implement recommendations
9.5 Consider the work of prior reviewers and the effect of their review
recommendations
9.6 Report the review results in conformity with Section VII, Report
[Deliverables
9.7 Provide the City Administrator, City Attorney and City Council, subsequent
to issuance of the draft report and/or the final report, with written or oral
feedback to defend or explain the recommendations
9.8 Supervise the review with procedures to instruct and train staff,. ensure
that staff understands the project, observe the staffs efforts and review
their output
9.9 Respond, in writing, to all comments, statements and suggestions made
by the City Administrator and City Attorney during the report preparation
and review process. All such responses shall be included in the final
report
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PROPOSAL. INSTRUCTIONS AND CONDITIONS
1. Pre -Contractual Expenses - Pre -Contractual expenses are defined as
expenses incurred by bidders in:
• Preparing a proposal in response to the RFP
• Submitting that proposal to the City of Huntington Beach
• Negotiating with the City of Huntington Beach in any matter related to this
RFP, proposal, and/or contractual agreement
• Any other expenses incurred by the bidder prior to the date of an
executed contract.
The City of Huntington Beach shall not, in any event, be liable for any pre -
contractual expenses incurred by any bidder. In addition, no bidder shall include
any such expenses as part of the price proposed to conduct the operational
review.
2. Authority to Withdraw RFP and/or Not Award Contract - The City of
Huntington Beach reserves the right to withdraw the RFP at any time without
prior notice. Further, the City makes no representations that any agreement
will be awarded to any bidder responding to this RFP. The City expressly
reserves the right to postpone the opening of proposals for its own
convenience and to reject any and all proposals in response to this RFP
without indicating any reasons for such rejection(s).
3. Right to Reject ProRosal - The City of Huntington Beach reserves the right
to reject any or all proposals submitted. Any award made for this engagement
will be made to the bidder which, in the opinion of the City, is best qualified to
conduct the project.
4. Discrepancies in Bid Documents - Should bidder find discrepancies in, or
omissions from the invitation to bid, or if the intent of the invitations not clear,
and if provisions of the specifications restrict bidder from bidding, they may
request in writing that the deficiency(s) be modified. Such request must be
received by the Central Services Manager five (5) days before due date. All
bidders will be notified by addendum of any approved changes in the
invitation to bid documents.
5. Oral Statements - The City of Huntington Beach is not responsible for oral
statements made by any of their employees or agents concerning this
invitation to bid. If the bidder required specific information, bidder must
request that it be supplied in writing by the City of Huntington Beach.
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V. - PROPOSAL REQUIREMENTS
Proposal Content & Format Guidelines
Proposal Format and Content - Proposal should be typed and as brief as possible. The
following order and content of proposal sections should be adhered to by each
bidder.
Cover Letter - A cover letter, not to exceed three pages in length, should summarized
key elements of the bidder's proposal. The letter must be signed by an individual
authorized to bind the bidder. The letter must stipulate that the proposed price will be
valid for a period of at least 90 days. Indicate the address and telephone number of the
bidder's office located nearest to Huntington Beach, California, and the office from
which the project will be managed.
Background and Approach - The Background and Approach section
should describe your understanding of the City, the work to be done, and
the objectives to be accomplished in the management study.
2. Methodology(ies) - This section should clearly describe the methodology
or methodologies you plan to use to carry out the specific work tasks
described in your Work Plan.
3. Work Plan - Describe the sequential work tasks you plan to carry out in
accomplishing this project. Indicate all key deliverables and their contents.
Identify how much of the work will be done on site.
4. Project Organization and Staffing - Describe your approach and methods
for managing the project. Provide an organization chart showing all
proposed project team members. Describe the responsibilities of each
person on the project team. Identify the project director and/or manager
and the person who will be the key contact with the City of Huntington
Beach. Indicate how many hours each team member will devote to the
project by task, along with a statement indicating the availability of the
members of the project team for the duration of the project. Include
resumes for each member of the project team.
5. Related Experience - Describe recent directly related experience
(especially with Police Departments). Include on each listing the name of
the client; description of work done; primary client contact, address, and
telephone number; dates for the project; name of the project director
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and/or manager and members of the proposed project team who worked
on the project, as well as their respective responsibilities.
At least three references should be included. For each reference, indicate
the reference's name, organization affiliation, title, complete mailing
address, and telephone number. The City of Huntington Beach reserves
the right to contact any of the organizations or individuals listed.
6. Project Schedule - Provide a schedule for completing each task in the
work program, including deadlines for preparing all project deliverables.
7. Other Information - Include any other information you consider to be
relevant to the proposal
IV ADDITION REQUIREMENT
1. The City requests that proposals submitted be organized and presented in
a neat and logical format and are relevant to these services. Proposals
shall be clear, accurate, and comprehensive, excessive or irrelevant
material will not be favorably received.
2. Proposals shall contain no more than 30 typed pages using a 10 point
minimum font size, including transmittal/offer letter and resumes of key
people, but excluding Index/Table of Contents, tables, charts, graphic
exhibits and the fee proposal. The purpose of these restrictions is to
minimize the costs of proposal preparation and to ensure that the
response to the RFP is fully relevant to the project.
3. The proposal shall include the following:
• Transmittal/offer letter
• Page numbering
• Index/Table of Contents
• Team organization including an organizational chart
• Approach to the project
• Descriptions of similar projects completed by key staff assigned to this
study
Two -page resumes of principals and key staff
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• List of other projects the firm is working on and the amount of available
remaining time key staff and principals can allocate to this study
• Project schedule
Statement of Qualifications
The information requested in this section should describe the qualifications of the firm,
key staff and sub -consultants in performing projects within the past five years that are
similar in size and scope to demonstrate competence to perform these services. The
projects listed should be those that key staff named for this project were responsible for
performing services. Information shall include:
• Names of key staff that participated on named projects and their specific
responsibilities with respect to this Scope of Work
• The client's name, contact person, address, and telephone number
• A brief description of type and extent of services provided
• Completion dates (estimated, if not yet completed)
• Total cost of the project
There shall be included in the section two -page resumes of key personnel, including the
named municipal law attorney who will provide these services demonstrating their
qualifications and experience. Resumes should highlight education, experience,
licenses, and relevant project experience and specific responsibilities.
Proposed Work Plan
1. A detailed work plan should be included in the proposal. The work plan
should outline the technical approach, methodology, specific tasks, and
activities that will be performed in order to address the issues and work
items identified in the Scope of Work.
2. The work plan should also include the proposed review procedures that
will be used to accomplish the review objectives.
3. The work plan should identify the team member who will assume
responsibility for each specific task.
4. The work plan should also include a discussion of constraints, problems, -
and issues that should be anticipated during the contract, and
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suggestions for approaches to resolving them. Key work products
associated with each phase of the project are to be clearly identified.
Project Team
The purpose of this section is to describe the organization of the project team including
sub -consultants and key staff. A project manager an alternate project manager shall be
named who shall be the primary contact and be responsible for coordinating all
activities with the City. An experienced public municipal law attorney with supervisorial
experience (approved by the Huntington Beach City Attorney) shall be part of the
consultant's project team. An organizational chart shall be submitted showing all key
team members and illustrating the relationship between the City Administrator, the City
Attorney, the project manager, key staff, and all sub -consultants. There also should be
a brief description of the role and responsibilities of all key staff and sub -consultants
identified in the team organization.
Project Schedule
Prepare a detailed work schedule which provides for timely completion of the project,
including identifiable milestones for each of the objectives, and adequate periods for
review of each deliverable by Contractor management, the City Attorney and the City
Administrator.
There should be a brief discussion with the City Attorney and the City Administrator of
any key assumptions used in preparing the timetable and identification of critical tasks
and/or events that could impact the overall schedule.
Project Fee_ Proposal
In preparing the fee proposal for this project the consultant shall take into consideration
the following:
1. Compensation for services provided in completing the tasks associated
with the Scope of Work shall be based on a time and materials not -to -
exceed basis.
2. A work plan together with a breakdown of labor hours by employee billing
classification together with the cost of non -labor and sub -consultant
services shall be included with the fee proposal.
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The labor breakdown shall be compiled by project phases and be based
on a listing of work tasks that correlates with the defined Scope of Work
for the project proposal. This information will be used by City staff to
evaluate the reasonableness of the fee proposal and in negotiating the
final fee for the contract agreement. — opening.
3. The consultant shall state the number of hours allotted in the fee amount
for attending meetings.
Should the amount of hours expended during these phases exceed the
amount included in the fee quote, the consultant may be authorized to
invoice the City for the additional hours upon first notifying the City that
the budget limit for meetings has been reached. The City shall then
determine whether additional hours for meetings will be authorized.
4. The consultant's standard billing rates for all classifications of staff likely to
be involved in the project shall be included with the fee proposal along
with the mark-up rate for any non -labor expenses and sub -consultants.
5. Describe reimbursable expenses and costs.
Statement of Offer & Signature
The proposal shall each be signed by an individual authorized to bind the consultant
and shall contain a statement that the proposals are a firm offer for a 90-day period.
VI. FIELDWORK DELIVERABLES
1. A practical work schedule identifying anticipated accomplishments for the
first six weeks of the project will be due within one week of the notice to
proceed.
2. Monthly written progress reports will be submitted to the City Attorney and
the City Administrator or their designees for the duration of the project.
Each report shall be submitted on the third business day following the
reporting period and shall contain the following information:
a. Overview of the reporting period
b. Summary of project status as of reporting date
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c. Tasks, deliverables, services, and other work scheduled for the
reporting period which were completed
d. Tasks, deliverables, services, and other work scheduled for the
reporting period which were not completed
e. Tasks, deliverables, services, and other work completed in. the
reporting period which were not scheduled
f. Tasks, deliverables, services, and other work to be completed in the
next reporting period
g. Issues to be resolved
h. Issues resolved
i. Any difficulties encountered by the selected consultant which could
jeopardize the completion of the contract or milestones or
deliverables within the schedule
j. Updated milestone chart
k. Total of costs incurred during the reporting period which will be
invoiced
I. Total amount invoiced and dollar balance remaining under the
contract
m. Any other information which the City may require
The first progress report will be due 30 days after the review is initiated. The City
Attorney and the City Administrator or their designees shall monitor the progress
reports to ensure successful completion of the contract within the schedule:
3. Review test work should be documented in working papers. Working
papers shall be made available to City representatives upon request.
4. Oral briefings between the selected consultant and the City Attorney and
the City Administrator or their designees to discuss the review findings will
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Request for Proposals
Page 19
be held on a monthly basis, midway between the written progress reports.
The first such briefing is scheduled for 15 days after the review is initiated.
Additional oral briefings will be held, as requested by either party, especially during the
preliminary stages of the project. Representatives of the City Attorney's Office will
always be included.
VII. REPORT DELIVERABLES
1. Contractor shall submit a total of three interim reports at key milestone
dates throughout the scope of the project. A total of 25 copies of these
interim reports should be submitted to the City Attorney and the City
Administrator. The selected consultant shall finalize interim reports as
directed by the City Attorney and the City Administrator or their designees.
2. Twenty-five (25) bound, two -side copies of the draft final report shall be
submitted to the City Attorney and City Administrator within 120'days after
the review is initiated. The issues addressed in any interim reports must
also be included. An exit conference will be scheduled within two weeks
of the date of the draft report.
3. The final report shall be submitted to the City Attorney and the City
Administrator within 10 business days following the City's response to the
draft report. Twenty-five (25) bound, two-sided copies of the final report,
one reproducible master, and one 3.5 inch diskette of all materials will be
submitted to the both the City Attorney and the City Administrator.
4. The final report shall be written in a narrative style, be improvement
oriented rather than problem oriented, and shall include the following
items:
a. The review scope, objectives and methodology, with appropriate
statements of any limitations or impairments
b. A statement that the review was performed in accordance with
generally accepted government reviewing standards and any
deviations described
c. Consultant findings, with applicable recommendations, addressing
non-compliance issues, problem areas, operational improvements,
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Request for Proposals
Page 20
management control weaknesses, etc. The recommendations
should be:
(1) Based upon an appropriate description of the related criteria,
condition, cause and effect
(2) Classified according to order of priority for implementation
(3) Numbered to facilitate follow-up discussions
d. The nature of any information which is prohibited from general
disclosure by the City Attorney and the City Administrator
e. The response to the report of the City Attorney, including
implementation plans
f. Noteworthy accomplishments of the reviewed office
g. Significant issues needing further review work (as needed)
VIll. SUBMISSION OF PROGRESS REPORTS AND INVOICES
2 sets of all progress reports, working papers, and invoices should be submitted to:
City Attorney Gail Hutton and City Administrator Ray Silver
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
IX. GENERAL CONTRACT REQUIREMENTS
1. Insurance Requirements Attachment A
The consultant shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are
required to be maintained for the duration of the project:
a. General Liability Coverage - $1,000,000 per occurrence for bodily
injury and property damage. If Commercial General Liability
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Request for Proposals
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Insurance or other form with a general limit is used, either the
general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence
limit
b. Professional Liability Coverage - $1,000,000 per occurrence (a
"claims made" policy is acceptable)
c. Worker's Compensation Coverage - State statutory limits
Deductibles, Self -Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications, must be declared to and approved by the City
of Huntington Beach. The City's insurance requirements are included as
Attachment A.
Note: The consultant is encouraged to contact its insurance carriers during the
proposal preparation to ensure that the insurance requirements can be met if
selected for negotiation of a contract agreement.
2. Standard Form of Agreement
The consultant will enter into an agreement with the City based upon the
contents of the RFP and the consultant's proposal. The City's standard form of
agreement is included as Attachment B. The consultant shall carefully review
the agreement, especially in regards to the indemnity and insurance provisions,
and include with the proposal a description of any exceptions requested to the
standard contract. if there are no exceptions, a statement to that effect shall be
included in the proposal.
3. Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs
incurred in the preparation of the proposal. The City reserves the right to extend
the due date for the proposal, to accept or reject any or all proposals received as
a result of this request, to negotiate with any qualified consultant, or to cancel
this RFP in part or in its entirety. The City may require the selected consultant to
participate in negotiations and to submit such technical, fee, or other revisions of
their proposals as may result from negotiations.
4. Assigned Representatives
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The City will assign a responsible representative and a knowledgeable Assistant
City Attorney or staff attorney to administer the contract and to assist the
consultant in obtaining information. The consultant also shall assign a
responsible representative (project manager) and an alternate, who shall be
identified in the proposal. The consultant's representative shall remain in
responsible charge of the consultant's duties from the notice -to -proceed through
project completion.
If the consultant's primary representative should be unable to continue with the
project, then the alternate representative identified in the proposal shall become
the project manager. The City shall approve any substitution of representatives
or sub -consultants identified in the proposal in writing: The City Attorney shall
approve any substitution of the experienced public sector municipal law sub -
consultant (key staff) who will be part of the project team. The City reserves the
right to review and approve/disapprove all key staff and sub -consultant
substitutions or removals, and may consider such changes not approved to be a
breach of contract.
5. Future Consulting Work
Consistent with City Charter §616, the consultant shall have no personal interest,
direct or indirect, for a period of three years after the completion of this review, in
the fiscal affairs of the City or any of its offices, concerning management reviews,
audits or similar studies without the consent of the City Administrator and City
Attorney.
X. .CONSULTANT EVALUATION & SELECTION PROCESS
The City's consultant evaluation and selection process is based on Qualifications
Based Selection for professional services. The following criteria will be used in
evaluating the proposals using a point value system totaling 100 points based on the
weighting indicated below.
1. Understanding of the project requirements including identification of
elements and key issues (10 points)
2. Technical approach and work plan for the project, including innovative
approaches (25 points)
3. Qualifications and experience of the firm, project manager, other key
individuals, and sub -consultants (30 points)
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4. Results of reference checks. (15 points) Reference checks will only be
conducted for a short list of firms or the top rated firm
5. Clarity of proposal (10 points)
6. Availability and commitment by the selected firm and the Project Manager
to complete project in a timely manner (10 points)
Oral Interviews
The City may elect to interview a short list of qualified firms or to interview only the top
rated firm based on the proposals submitted for the project.
Process for City/Consultant Negotiations
The City staff, including the City Attorney or her designee, will negotiate a contract with
the best -qualified firm for the desired consulting services at compensation that the City
staff determines is fair and reasonable to the City. Should the City staff be unable to
negotiate a satisfactory contract with the firm considered to be the most qualified,
negotiations with that firm shall be formally terminated. Negotiations will then be
undertaken with the next most qualified firm. Failing accord with the second most
qualified firm, the City staff and the City Attorney will terminate negotiations and
continue the negotiation process with the next most qualified firms in order of their
evaluation ranking until an agreement is reached and a firm is selected and an
agreement is executed.
The sample contract attached to this RFP will be modified, when necessary, to conform
to the requirements of this RFP.
Attachments
Attachment A Insurance Requirements
Attachment B Sample City.Contract
Attachment C Huntington Beach City Charter §309
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•
ie
PROPOSAL TO
CITY OF HUNTINGTON BEACH
MANAGEMENT REVIEW - CITY ATTORVTEY'S OFFICE
October 8,1999
MANAGEMENT PARTNERS
I N C O R P O R A T E D
MANAGEMENT PARTNERS
I N C O R P O R A T E D
October 7, 1999
Mr. Richard Amadril
Central Services Manager, Administrative Services
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Richard,
In response to your Request for Proposals (RFP), Management Partners is pleased to submit
this proposal to assist the City of Huntington Beach in conducting a management review of
the City Attorney's Office.
Through the process of this management review the City is seeking documentation and
recommendations about how well the City Attorney's Office is operating and ways in which
it can iniprove. A series of specific activities are to be incorporated into the project,
including a comprehensive operations review, benchmark comparisons with like
jurisdictions, and the assessment of customer satisfaction with department performance. We
trust that the work plan contained in this proposal is directly responsive to all of the
elements specified in the RFP, and believe that it will be a project that will accomplish the
objectives set out by the city when it wrote the RFP. The proposed not -to -exceed price of
$76,970 includes expenses and will be valid for a period of at least 90 days. The work on
this project will be managed out of our Ventura Office at 4407 Sweetbrier Street, Ventura,
California 93003: We can be reached in Ventura at 805/ 642-1729.
Management Partners is qualified and experienced in performing every aspect of the work
proposed. Our project team with associates from the Law Offices of Robert 1. Logan,
matches perfectly the skills required to execute this project as requested by the city. We are
proud of our record of performance excellence in providing consulting services, and
welcome your investigation of that record. We also believe that we have an unusual
appreciation for what it takes to provide public services on a high performance basis, and
that we will be successful in laying out a workable plan of action to implement the
recommendations that will result from this project.
We look forward to the opportunity to discuss our project approach with you further.
Sincerely,
Gerald E. New r
Chairman & CEO
4407 Sweetbriar St. • Ventura, CA 93003 805 642 1 729 • Fax 642 2502
•
•
TABLE OF CONTENTS
I. Background and Approach.............................................................................1
H. Methodology...................................................................................................I
III. Work Plan.......................................................................................................3
IV. Project Organization and Staffing..................................................................5
V. Related Experience.........................................................................................7
VI. Project Schedule...........................................................................................10
VII. Project Fee Proposal.....................................................................................10
VIE. ConcIusion....................................................................................................12
Attachment A — Project Schedule
Attachment B —Project Team Resumes
City of Huntington Beach • •
Management Review— CityAttorney's Office
1. Background and Approach
The City of Huntington Beach has requested proposals from qualified consultants to conduct a
comprehensive management review of the City Attorney's Office. Conducting regular and
systematic management reviews is essential to assure that any organization is performing at the
highest possible level. This examination process can provide a powerful learning tool for
members of the team and can help assure that the needs of customers are being met in the most
effective and efficient manner possible.
Through the process of this management review the City is seeking documentation and
recommendations about how effectively the City Attorney's Office is operating. There are a
series of specific tasks the City wishes to incorporate into this review. Those tasks include a
comprehensive operations review, benchmark comparisons with like jurisdictions, and overall
customer satisfaction with department performance. The Work Plan that Management Partners is
proposing will address each of these tasks. The outcome of the review will be a series of
recommendations designed to help the department improve operational effectiveness, provide its
customers with the highest quality services, and maximize the use of its resources.
11. Methodology
Management Partners has completed a number of successful organizational improvement
projects during its five years. We have analyzed many organizations and developed improvement
plans which have been implemented. Our particular competence is high quality staff work based
on actual operating knowledge born of years of experience in local government public service.
We have organized the nine tasks detailed in the RFP into five major project activities, based on
the most efficient execution of the project. All of the substantive elements identified in the RFP
will be thoroughly addressed in the Plan of Work.
We propose beginning with a careful learning stage, in which we listen and study current
processes and understand the perceptions of the department customers. We will interview
Council members and department heads in order to obtain insight into how effectively their
needs are being met. We will then conduct interviews with the City Attorney's Department
management and staff to learn about the department's operations. We recognize that the
department staff are busy with daily work (and often are under stress in periods of peak activity),
and yet they are best positioned to know what is working and what is not. Through the interviews
and our initial review of department materials (goals and objectives, business processes,
workload targets, regulations, indicators and performance measures, etc.) we will develop an
understanding of how the department operates. This phase includes a detailed review of the
technical legal aspects of the work identified in the RFP, the use of outside counsel, claims
administration, and litigation.
Management Partners, Inc.
City of Huntington Beach 0 •
Management Review — City Attorney's Office
In order to round out the management review of internal operations Management Partners will
assess the department's personnel management. We will design and conduct an internal survey
that will address personnel issues which may affect department morale and service delivery. We
will look at staffing resources and allocation as well as the effectiveness of the staff evaluation
process, utilization and retention. This analysis will be done in part through the results of the
survey, in part through discussions with staff, and in part through a review of department records
and practices.
As we look at department effectiveness we will use benchmark comparisons with like service
providers to validate and inform the results of our on -site analysis. Using benchmark
comparisons, and possibly even conducting site visits with similar jurisdictions, will be an
important source of learning for city policy -makers and managers, both as the basis of a
continuous improvement program and of more informed policy decisions. Using the results of a
benchmark survey that Management Partners will create and conduct, we will test how
Huntington Beach compares in both the levels of service (service effort) and performance levels
(accomplishments).
With so much information in hand, we will then be well -positioned to evaluate overall customer
satisfaction. We will already have the information from Council and department heads, and. can
now extend the question of quality to supported departments. In this phase, Management
Partners will conduct focus groups with the users of the department's services to gauge the
responsiveness and effectiveness of the department. Individual comments by participants will be
kept confidential to help generate an open discussion within the groups. Comments and
suggestions that come out of the focus groups, as well as those on the surveys, will be
summarized in order to ensure confidentiality. The data compiled from the focus groups will be
used to evaluate the perception of how responsive and accessible the department is to supported
departments.. Customer satisfaction is a primary measure of performance quality in a service
business, and there is no better way to assess how high satisfaction is other than by asking the
customers directly.
Once the existing service delivery system has been analyzed, its customers "debriefed," and its
practices compared with the best in the local government industry in California, Management
Partners will prepare a report detailing its findings and recommendations. Management Partners
will work closely with the management throughout the duration of the work. Regular meetings
will be scheduled as the work progresses and monthly status reports will be delivered to
designated representatives. The monthly reports will include each of the 13 items outlined in the
RFP.
Management Partners, Inc.
City of Huntington Beach •
Management Review — City Attorney's ice
Ill. Work Plan
ACTIVITY 1 — PRELIMINARY SURVEY AND SCOPE OF THE REVIEW
The project will begin with a planning session with the City Administrator, City Attorney and
other key staff as determined by the City. The purpose of this meeting is to set direction for the
following activities and to review the objectives and the timeline of the project. At the planning
session Management Partners will request materials relating to the City Attorney's Office. The
sort of materials that will be needed include the mission statement, goals and objectives of the
office, regulations, business processes, work load targets, indicators and performance measures,
as they may be available. Any materials that are made available at the meeting will help to
expedite the process.
Shortly after the initial planning session is held, Management Partners will begin interviews with
Council members and department heads in order to obtain their perception of their perceptions of
the service provided by the City Attorney's Office and how effectively they believe the work is
being performed.
Through the information Management Partners gathers in the initial interviews and the materials
that are collected, a profile of the City Attorney's Office will be prepared. Based on written
materials, this preliminary profile will document the information spelled out in task 1.3 of the
RFP in summary fashion with commentary. We believe the focus should be to use the systematic
task of assessing each of the twelve items on the list for purposes of informing the balance of the
project, rather than to spend significant time providing the city with, for example, a listing of the
sections of the Municipal Code that are applicable, or of the fixed assets controlled by the
department.
ACTIVITY 2 -- ORGANIZATION AND OPERATIONS ANALYSIS OF DEPARTMENT WORK
Once the rough preliminary profile has been prepared Management Partners will begin work on
the operations analysis of the department. An interview with the City Attorney will take part as
the initial start-up of the project, and then to begin activity two, interviews with additional
department management and staff will occur. These interviews will be designed to get an
understanding of how the department is managed and how things are done. In these interviews
we will examine work standards or measures of organization performance that are currently in
use, as well as the professional practices and management practices employed by the department.
From the interviews and the written materials we will analyze the most important work flow
processes, including Strategic Planning (tasks 2.1 and 2.2 (RFP). From the information gathered
through interviews and process analysis, Management Partners will identify factors which may
be impeding service efficiency and effectiveness. These factors will be documented and
discussed with department management and will be included among the findings and
recommendations in the final report. We will assess the organizational structure of the
department (tasks 2.3 and 2.4 RFP).
Management Partners, Inc. 3
City of Huntington Beach 0 0
Management Review— CityAttorney's Office
The second phase of activity two will involve an assessment of personnel management
(remainder of task 2, RFP). This will include an internal survey that will be developed by
Management Partners designed to address key personnel issues. The results of the survey will be
analyzed and reviewed in light of the results of an assessment that will be conducted on other
personnel factors. The assessment will focus on factors like staffing resources and allocation and
the effectiveness of staff evaluation, utilization and retention. Some of the information for the
assessment will come from the survey results while other information will come from internal
records.
The final phase of the internal operations analysis will be to examine and evaluate the technical
functions identified in the RFP (tasks 6-8 RFP). Management Partners will systematically review
the facts regarding outsourcing and claims administration, then include these items in the
benchmarking activity so that our final assessment will benefit from a thorough review of the
subjects, and that our final comments regarding cost recovery opportunities will also be fully
informed.
ACTIVITY 3— BENCHMARK WITH COMPARABLE JURISDICTIONS
In order to develop an understanding of how the department is performing relative to similar
jurisdictions, a benchmark comparison with other California cities' City Attorney's offices is an
important part of the project. We will develop a benchmark questionnaire based on the factors
deemed to be most important to the department's successful delivery of service and effective
internal operations.
This phase is Strategic Benchmarking, as contrasted with Process Benchmarking, the actual on -
site review of best practice methodology. Our experience has been that it is valuable to first
obtain performance data from a variety of service providers (statistically, the more the better),
then to analyze the results to identify specific jurisdictions or entities for further on -site analysis.
Management Partners is at an advantage for gathering suitable data based on its extensive
experience working with California cities in performance measurement (a common precursor to
benchmarking) and its network with local government managers.
Once the strategic benchmark data has been gathered from an array of cities, the Management
Partners' Project Team will identify those with potential best practices that fit with the
Huntington Beach model, for further examination through process benchmarking. Site visits for
discussion with other professionals will be set up as appropriate. Comparison with other cities
should be done in a studied, fact -based process that produces reliable results. All too often, this
element of the work is short-changed, relying on anecdotal reports about who does well and why.
The approach contemplated in Activity 3 will avoid that pitfall and produce information that can
reliably be incorporated into a high quality Action Plan for the city.
Management Partners, Inc. 4
City of Huntington Beachto
Management Review -- City Attorneys Otrice _
ACTIVITY 4 — EVALUATE OVERALL CUSTOMER SATISFACTION
As discussed in Section H (Methodologies), overall customer satisfaction is the ultimate
objective of a program or service and the best way to evaluate that is to ask the customers. In this
case the direct customers are the Council, the City Manager's Office, and various city
departments. The perceptions of the Council and the executive management team will be
collected in Activities one and two, but that leaves out general city staff of departments that rely
on the legal advice and counsel of the City Attorney's Office. For that reason, we will use focus
groups comprised of staff from supported departments to obtain another perspective on the City
Attorney's accessibility, responsiveness, and overall effectiveness. The results of the focus
groups will be analyzed and integrated with the feedback from the earlier interviews, though the
comments of any individual participant, of course, will be kept confidential.
ACTIVITY 5 — ACTION PLAN
The final activity of this project will be to prepare and present a Project Report, with findings
and recommendations that can be used as a working document for management. The report will
include the results of each of the preceding activities and will be the culmination of the work
done. It will be action oriented, with an Action Plan structured to detail the activities
recommended for implementation.
A draft report will be presented to management for review and discussion, and will be revised
based on comments. This step will assure factual accuracy; however the responsibility for the
conclusions of the study will rest with Management Partners. The Action Plan format will be
provided as part of the draft report. The resulting final report will be submitted and presented to
the client. It will constitute the primary project deliverable and will be improvement -oriented, as
is the entire management review project as it will be executed by Management Partners.
ACTIVITY 6 — IMPLEMENTATION
Management Partners believes that the value of ari analysis of this sort is in producing
recommendations that can and will be implemented. As such, Management Partners will make
its team available to be helpful to the city during the implementation period.
IV. Project Organization and Staffing
The Project Team will be led by Jerry Newfarmer, CEO of Management Partners. He will
provide project direction and expert guidance to the review, and take responsibility to assure that
the work is at the high level that has earned the firm its reputation for quality work. The on -site
project manager will be John Baker, President of Management Partners. He will be responsible
for all aspects of the project and the work of the project team, and will be the primary contact
person for the City. He will be assisted by four professionals, Bob Logan, Kirsten Powell,
Barbara Fosbrink, Karin Temple, and Rebekka Hosken.
Management Partners, Inc.
City of Huntington Beach . •
Management Review — City Attorney's Of ce
Gerald Newfarmor
pn jetl okador
John Baker
Bob Logan Barbara Foebrink KeAn Tampla ' Rabakka Hookan ' Kintan Powell
MunicipalAftorneyl SpedelAdvlaor Manage ,Apd'vl— Management Advisor) SpedaLkMzor
Special AMA$&
The significant and unique qualifications of each person to be assigned to the Management
Review of the City Attorney's Office are summarized below. More detailed professional
resumes are included as Attachment B. Each team member assigned to the project will be
available throughout its duration or to fulfill the assigned role. This project will be a top priority
for Management Partners.
Gerald E. Newfarmer, CEO
Mr. Newfarmer has 30 years of management experience in the public sector and is a former city
manager of the cities of Cincinnati, San Jose and Fresno. He has directed numerous projects for
local jurisdictions seeking service improvements in a variety of departments and capacities.
Jerry will serve as the Project Manager and will advise the team throughout the duration of the
project.
John Baker, President
Mr. Baker will manage the project for the firm. Mr. Baker has over 25 years of local
government experience, having served as assistant city manager of Oakland and city manager of
Ventura prior to his work with the firm. He has worked extensively with Management Partners'
clients, having served as the project manager for all of the projects in the cities in the western
United States listed as references.
Robert Logan, Attorney, Special Advisor
Mr. Logan has a long and distinguished career practicing law for the public sector. He was the
full time City Attorney in the cities of Livermore, Pittsburgh, and San Jose, CA, before starting a
private law practice from which he has maintained numerous contracts with local jurisdictions.
Among the clients on his extensive client list are the cities of Scotts Valley, Monte Sereno,
Newark, Hollister, Alameda, and Brisbane. As a part of the Management Partners team, Mr.
Logan brings extensive knowledge and expertise in the area of public law and will advise the
project team in all matters related to legal functions.
Kirsten Powell, Special Advisor
Ms. Powell, a Senior Associate with the Law Offices of Robert J. Logan, has over 20 years of
experience in municipal law. She will complement the assistance provided to the project by Mr.
Logan by providing detailed analysis of the technical legal functions that will be subject to
examination as part of this management review.
Management Partners, Inc. 6
City of Huntington Beach • .
Management Review — City Attorney's Office
Barbara Fosbrink, Special Advisor
Ms. Fosbrink has over 20 years of experience in local government analysis, planning and
implementation of a wide variety of programs. Prior to joining Management Partners, Ms.
Fosbrink served as the Assistant to the City Manager of Ventura. Ms. Fosbrink has done
significant work to assist public agencies to improve customer service, including conducting
focus groups. She will conduct the focus groups included in Activity 4 of the Plan of Work.
Karin Temple, Management Advisor
Ms. Temple will perform document analysis, comparison development, and analysis and report
writing. She has over ten years experience in local government with the cities of San Jose and
Hayward, and with Management Partners. She has served as budget manager and as staff
assistant to several city managers. Ms. Temple was a member of the firm's team that assisted the
City of Las Vegas on a city-wide organizational review, and the Boulder City, Nevada
organizational review. She has recently assisted the City of Martinez as Acting Finance Director.
Rebekka Hosken, Management Advisor
Ms. Hosken is beginning her service as a Management Advisor with the firm. She comes with
outstanding credentials, having most recently served as the Assistant Village Manager of the City
of La Grange, Illinois. As her first assignment with Management Partners Ms. Hosken conducted
analysis on how to improve service delivery and best utilize personnel resources in the City of
Santa Monica's permitting processes.
An allocation of hours by consultant classification is detailed in Section VII (Project Fee
Proposal).
V. Related Experience
Management Partners, Inc. is qualified to assist the City of Huntington Beach in completing this
project. The firm was created in 1994 to assist local government leaders in improving the way in
which their organizations work. Our team has significant experience providing operations
improvement consulting services to numerous local governments. Management Partners'
professionals are experts in city operations and are committed to helping local government
managers improve the effectiveness of their organizations. Management Partners' hands-on
experience working with various local jurisdictions helps enable the firm to identify
organizational improvements for its clients that can be implemented.
The firm is staffed by professionals with extensive experience in all aspects of local government
management, including the full range of city operations. The management review of the City
Attorney's Office will benefit from our work as managers who have addressed the issues noted
in the practical world of local government management. We have an in-depth knowledge and
familiarity with government operations, and are -among the most knowledgeable and experienced
firms in this regard.
Management Partners, Inc.
City of Huntington Beach 0 •
Management Review — City Attorney's Office
Below is a summary of projects the firm has completed which demonstrate Management
Partners' experience and expertise in conducting high quality management reviews. Huntington
Beach representatives are invited to contact any of our clients for performance referencing.
City of Las Vegas
City-wide Organization Review
Management Partners assisted the City of Las Vegas in a review of every aspect of city
operations and management. We specifically examined nine key elements of central
government policy and executive management and reviewed fifteen individual
departments and agencies of the government, including the Las Vegas City Attorney's
Office. As a result of our review and analysis Management Partners identified ways to
improve how city government works, to increase program effectiveness, to improve
customer service, and to save money. Jerry Newfarmer directed the project, which was
managed by John Baker. Karin Temple and Barbara Fosbrink also worked on the project.
This project was completed in February, 1999 for a total cost of $173,390. ,
Client Contact: Steve Houchens, Deputy City Manager, 400 E. Stewart Avenue, Las
Vegas, NV 89101, 702/229-6501
City of Boulder City, Nevada
City-wide Organization Review
Management Partners conducted an organizational review for each of the Boulder City
departments. The firm looked at every aspect of operations and management, and
provided the city with a wide range of recommendations to improve operations and
provide the best possible service to customers. John Baker was the Project Manager,
assisted by Karin Temple, for this project. This project was completed in December, 1998
for a total cost of $43,470.
Client Contact: John Sullard, City Manager, 401 California Avenue, Boulder City, N IV
89005, 702/293-9202
Metropolitan Water District
Legal Department Assessment
In 1992, Bob Logan conducted a thorough assessment of the MWD's Legal Department.
The project included many of the components outlined in the RFP issued by Huntington
Beach. Among the activities completed for the MWD were assessments of personnel,
work assignment and allocation, use of outside counsel, and the Administration's and
Board's perspective on strengths and weaknesses of legal advice.
Client Contact: Karen Tachiki, Board Member
Management Partners, Inc. 8
City of Huntington Beach
Management Review — City Attorney s Office is
City of Oakland, California
City-wide Performance Measurement Project
Management Partners assisted the City in developing detailed performance measures for
the full range of City services, including the City Attorney's Office. A primary emphasis
of the project was establishing measures designed to obtain community input regarding
service value and the quality of the delivery process. The firm also assisted in gathering
benchmark data from similar size cities to allow for the development of best practices in
service delivery. John Baker was the Project Manager on this project. The project was
complete in March, 1999 for a total cost of $44,160.
Client contact: Delores BIanchard, Assistant City Manager, One City Hall Plaza, Room
318, Oakland, CA 94612, 510/238-3301
San Mateo County, California
Management Review of the Sheriff s Department
Management Partners has nearly completed a management review of the Sheriffs
Department for the San Mateo County. The project has included the use of focus groups,
interviews with key management, an off -site management training session, and thorough
analysis of department operations. The project is expect to be finished in the next month.
Jerry Newfarmer has been the Project Manager on this project and has been assisted by
John Baker. Barbara Fosbrink conducted the focus groups. The cost of this project is
$43,480.
Client Contact: John Maltbie, County Manager, 650/363-4121; Sheriff Don Horsley,
650/599-1664, 401 Marshall Street, Redwood City, CA 94063
Santa Clara, California
Partnership Agreement
The city and Management Partners have a partnership in which the firm supplies
management support services to the city. During fiscal year 1999, a number of projects
were completed, including the analysis of the city's agenda preparation and review
process and an analysis of the city's use of information technology. John Baker has been
the on -going project manager for the partnership agreement with the city. The total cost
of the Partnership Agreement was $40,000.
Client contact: Jennifer Sparacino, City Manager. 1500 Warburton Avenue, Santa Clara,
CA 95050, 408/984-3101
Management Partners, Inc. 9
City of Huntington Beach i 0
Management Review — City Attorney's Office
All work on this project will be conducted by Management Partners. With the exception of Jerry
Newfarmer, each member of the Project Team is California -based and the work will be managed
from our Ventura office. The office information for both the Ventura and the Cincinnati office is
included below.
Ventura Office
4407 Sweetbriar Street
Ventura, California 93003
805 642-1729
Fax 642-2502
VI. Project Schedule
Cincinnati Office
3181 Linwood Avenue, Suite 25
Cincinnati, Ohio 45208
513 321-1393
Fax 321-9338
It is expected that work will commence immediately following the City's notice to proceed,
which is expected to be announced on November 2" d. The Project Schedule for the complete list
of activities is contained in Attachment A to this proposal.
Vll. Project Fee Proposal
The project will take an estimated 494 hours of consulting assistance to complete, not counting
the additional 40 hours which Management Partners will reserve for pro bono implementation
assistance. This is further detailed by task in the table on the following page. In addition to the
hours shown, Jerry Newfarmer and John Baker will devote significant personal time to assure
that the project is properly managed.
Management Partners, Inc. 10
Ciro of Hunlington Beach S 0
Management Review - Ci1v Attornev's Office _
i Project I Project i Special Management: Total
girector'. Manager Advisor Advisor Hours'
'Activity 1 - Preliminary Survey and Scope of the Review
1.1 Hold planning session with City Administrator, City Attorney 4 4 4
And l(ey staff i j
1.2 Interview Council members and Department heads to obtain j
_....___.. Their perception of the work done by the Cjiy Attorneys Office__...J._._ _._-._.
1.3 Prepare a profile of the City Attorney's Office including mission, '
Goals, objectives, regulations, business processes, workload
_Targets, indicators
Subtotal 1
j 20. 1 201
.__w_.__._____..___.._................�___._-._.._.__._.__.----• _.-._____._�
2: 4� 20;
-.---_- __.78i
61 28 - 41-----__401
... _.......
Activity 2 - Organization and Operations Analysis of Department Work
I
I
2.1 Conduct interviews of department management and staff I
4
1 121
2.2 Document existing work standards/productive measures of f
Organization performance
I 8!
2.3 Analyze selected work flow processes (including
Strategic planning)
8
40''
2.4 Identify factors which may impede service efficiency and
Effectiveness
21
8
I
16
1
1
2.5 Develop and conduct an internal survey of personnel
Management issues
4
20
2.6 Assess staffing resources and allocation
4
j
2.7 Evaluate the effectiveness of staff evaluatlon, utilization, and
retention
4
8
2.8 Evaluate the use of outside counsel, claims administration and
litigation, and potential cost recovery opportunities_
Subtotal
2' 26
'241
8]
24'
1281 172
Activity 3 - Benchmark with Comparable Jurisdictions
3.1 Prepare Bencf mark Questionnaire based on appropriate
Performance measures
4
2
i
20,
3.2 Analyze Benchmark Data/Conduct Site Visits
8
48
48
3.3 Describe Best Practices for Adoption
Subtotal
8i
12
64.
21
4;
8 i
76. J59'
Activity 4 - Evaluate Overall Customer Satisfaction
4.1 Conduct focus groups with supported departments to gauge
Responsiveness and effectiveness of Department I
4.2 Analyze results of focus groups
6
4
81 6
--
4' 8
4.3 Integrate focus group feedback with results of earlier interviews i
2
i
4
Subtotal
10
'121
14�
36i
Activity 5 - Action Plarf
5.1 Prepare and present draft report with recommendations
5.2 Revise report based on comments
_ _
20
16i
24
_
4
- 81
5.3 Present final report to City Administrator, City Attorney and City
_ --_--
41
4
_Council
Subtotal----------�•�— ----- ; �
_
4
— 28
16i
321
80
Activity 6 - Implementation _
-
40
Total Hours
20;
_ 156i
32,
290;
574
*Not included in the column total.
Management Partners, Inc. ))
Citv of Huntington Beach a 0
Management Revieu,— Cirv,4ttorney's Ofce
The hourly rates for Team members are as follows:
Project Director $250.00
Project Manager SI50.00
Special Advisor* $285.001225.001125.00
Management Advisor $ 90.00
20 hours
156 hours
32 hours/24 hours/12 hours
290 hours
*Note that the Special Advisor hours in task 2.8 (24) will be worked by Ms. Powell at a rate of
$225/hr. and the hours in Activity Four (12) will be worked by Ms. Fosbrink at a rate of $I251hr.
All other Special Advisor hours will be conducted by Attorney Bob Logan at a rate of $2851hr.
Total expenses for the project are estimated at $6,450, bringing the total proposed fee for the
project to $76,970. It is important to Management Partners that the client is pleased with the
quality of the professional work performed by the company and so the hours reflected above are
the minimum number of hours committed by the firm to the project, although the price proposed
is a fixed amount.
Vill. Conclusion
Management Partners has the experience, the professional talent, and the commitment necessary
to successfully complete a quality management review of the City Attorney's Office of
Huntington Beach. We have reviewed the operations and provided management
recommendations to numerous local governments, and developed improvement Action Plans
which have been implemented because they are well-grounded in real world operations.
Management Partners welcomes the opportunity to provide additional information that may be
helpful, and looks forward to the chance to discuss the ideas contained in this proposal with the
City. Of course we will be pleased to count the City of Huntington Beach among our satisfied
clients.
Management Partners, Inc. 12
ATTACHMENT A
Project Schedule
Project Schedule
WEEK
ACTIVITY
1 1
2
3
4
5
6
7 I
8 1
9
10
11
12
13 I
14 115
16
17
16
19
Zo
21
22
23
24 !
_
I
I
E
!Activity 1 - Preliminary Survey and Scope of the Review
1-1 Hold planning session with City Administrator, City Attorney
I
I
I
I
I and key staff
I
I
I
I 1.2 Interview Council members and Department heads to obtain
I
I
I
! their perception of the work done by the City Attome 's Office
I
I
I
I
I
I
I
I
I
1.3 Prepare a profile of the City Attorney's Office including mission,_ goals,
I
♦
!
objectives, regulations, business processes, workload tar ets,
I I
indicators and performance measures
I
I
Lit]
I
!Activity 2Organization and Operations Analysis of Department Work
I I
I
I
I
I
i 2.1 Conduct interviews of department management and staff
I
I
I
I
l
2.2 Document exsisting work standards! inductive measures of
I I
I
I
I
organization performance
i 2-3 Analyze selected work flow processes (including strategic planning)
2.4 Identify factors which may impede service e_fficiencnd effectiveness
I
I I
I
f
i 2.5 Develop and conduct an internal survey of p2rsonnel management issues
I
I
I
1 2.6 Assess staffing resources and allocation
I
I
I
I
1 2.7 Evaluate the effectiveness of staff evaluation, utilization, and retention
I
I
I
I
{
! 2.8 Evaluate the use of outside counsel and outsourcing
I
I
I
I
I
I
!
I
I
I
I
•Actvily 3- Benchmark with Comparable Jurisdictions
I
I
I
I
i 3.1 Prepare Benchmark Questionnaire based on appropriate performance
I
I
I
measures
i 3.2 Analyze Benchmark Data/Conduct Site Visits
I
I
I
3.3 Describe Best Practices for Adoption
I
I
;Activity 4 - Evaluate Overall Customer Satisfaction
I
I
I
i 4.1 Conduct focus groups with supported departments to quage responsiveness
iI
I 1
and effectiveness of Department
I
I
I
1
4.2 Analyze results of focus groups
4.3 Integrate focus group feedback with results of earlier interviews
{
I
!
Activi 5 - Action Plan
5.1 prepare and present draft report with recommendations
{
5.2 Revise report based on comments
{
I
I
{
5.3 Present final rep2rt to City Administrator, City Attorney and City Council
!
I
I
I
I
I
Activity 6 - implementation ._ . _. .-_..-....
I--
, -_
i_
�—
-- -
—
--
-
- -
I- --L
--
--
—
—
—
-�..s-► -j
ATTACHMENT B
Project Team Resumes
GERALD E. NEWFARMER
Jerry Newfarmer, Chief Executive Officer of Management Partners Inc., has over 25
years of management experience in local government. Prior to founding Management
Partners, Mr. Newfarmer served as the CEO in three major city governments after
beginning his public service with the City of Oakland.
Mr. Newfarmer began his career with the city of Oakland, California, where he served in
a variety of management positions over a ten year period. During his service with
Oakland, he worked in the Public Works Department and in'the Community Action
Agency prior to moving into a generalist manager role, where he had responsibility for
labor relations, personnel, and budget. His concluding position in Oakland was Assistant
City Manager, the Chief Operating Officer role.
Subsequent to his service in Oakland, Mr. Newfarmer served as the City Manager of the
cities of Fresno, San Jose and Cincinnati, where he had responsibility for the full range of
organizational leadership. In addition, he also served as the leader of the State and Local
Government Team in the National Performance Review, an examination of the operations
and management of the Government of the United States.
In addition to his public service, Jerry served as President of the San Francisco Chamber
of Commerce, a position he held during the Loma Prieta Earthquake.
Mr. Newfarmer is a graduate of San Jose State University with a degree in Business
Administration. He received his Masters of Public Administration (with distinction) from
the University of California at Berkeley. He has also been active in professional
organizations, having served as President of the San Francisco Bay Area Chapter of the
American Society of Public Administration and as the President of the City Manager's
Department of the League of California Cities. He currently serves as Chair of the ICMA
Fund for Professional Management Committee. Working with ICMA, he has organized
and leads a special project of over one hundred cities and counties in Comparative
Performance Measurement.
Management Partners, Inc. is a national management consulting firm, with offices in
Cincinnati and Ventura, which has as its purpose helping local government leaders to
improve the way in which their organizations work.
•
•
JOHN S. BAKER
Mr. Baker, President of Management Partners, will serve as the Project Manager. Mr.
Baker has an excellent record of management experience in local government
organizations. Over 22 years he has held a variety of administrative and management
positions at the local level relating to all aspects of human resource planning, financial
planning and monitoring, capital project planning and financing, contract and developer
negotiations and organizational analysis and direction.
Mr. Baker has successfully directed organizational units through times of substantial
growth and major reductions, always maintaining financial integrity and cost effective
programs to address the current and future needs and demands of the customers served by
his local government agencies.
During his tenure as Assistant City Manager for Oakland and City Manager of Ventura,
Mr. Baker developed a special appreciation for team development and its role in
addressing major changes in organization structure, resource allocation and employee
transitions due to changes in service delivery methods and available financial resources.
He has extensive experience in team building, organizational analysis, communication
techniques and transition management — all areas in great demand in a changing
organization. In the last year of his tenure he was responsible for the development and
implementation of a strategic plan for the full range of city services.
Since the formation of Management Partners, Mr. Baker has been directly involved in the
reviews of municipal operations for several cities. In addition he has been the lead
consultant in the development of a system for management, organization and
maintenance systems for the East Bay Municipal Utility District. For the cities of
Oakland, Emeryville, San Diego, Santa Clara, Pomona and Tucson and the County of San
Mateo he has performed management audits of specific departments with
recommendations for structural and procedural changes to enhance the service delivery of
the organizations. Mr. Baker also serves as a Technical Advisory Support Member for
the ICMA's Comparative Performance Measurement Project.
Mr. Baker is a graduate of the University of Idaho with a degree in Political Science and
has a Master of Public Administration from the University of Washington, Graduate
School of Public Affairs.
•
•
ROBERT J. LOGAN, ATTORNEY
EDUCATION
Juris Doctorate, June 1969; George Washington University Law School, Washington DC
Bachelor of Science, History, June 1966; University of Utah, Salt Lake City, Utah
EXPERIENCE
Private Practice
Private Practice, Law Offices of Robert J. Logan, San Jose, CA, November 1985 to present
City Attorney, City of Scotts Valley, CA, January 1990 to present
Redevelopment Counsel, City of Scotts Valley, CA, September 1988 to present
City Attorney, City of Monte Sereno, CA April 1996 to present
General Counsel, West Valley Solid Waste Management Authority, April 1998 to present
Special Counsel, City of Newark, CA, Occasional Assignment, 1994 to present
Interim City Attorney, City of Alameda, CA, June 1992 to September 1992
City Attorney and Redevelopment Counsel, City of Brisbane, CA, January 1987 to February
1993
Full Time Cijy Attorney Positions
City Attorney, City of San Jose, CA, October 1977 to August 1985
City Attorney, City of Pittsburg, CA, November 1976 to October 1977
City Attorney, City of Livermore, CA, November 1974 to November 1976
Deputy City Attorney, City of San Diego, CA Criminal and Civil Divisions, January 1970 to
November 1974
ADMITTED TO PRACTICE
United States Supreme Court Bar .
United States Court of Appeals, Ninth Circuit
United States District Court, Northern District
United States District Court, Southern District
California Supreme Court
Wyoming Supreme Court
Page I of 2
PROFESSIONAL AFFILIATIONS
American Bar Association
Antitrust Committee (1984)
Committee on Local Government (1977)
California State Bar Association
Executive Committee, Antitrust Section (1984)
Condemnation Committee (1976)
Santa Clara Bar Association
National Institute of Municipal Law Officers
Regional Vice President (1984)
League of California Cities
Director, Board of Directors (1993-1995)
President, City Attorney's Department (1983)
Chairman, Legal Advocacy Committee (1984-1985)
Wyoming State Bar Association (1993 to present)
Page 2 of 2
•
0
EDUCATION
KIRSTEN M. POWELL
Juds Doctor, May 1996: Santa Clara University School of
Law, Santa Clara, California.
Bachelor of Arts, Public Relations and Political Science;
University of Southern California, Los Angeles, California.
EXPERIENCE
Law Offices of Robert J. Logan, San Jose, CA,
February 1995 to present
Assistant City Attorney, City of Scotts Valley, CA, December
1996 to present
Assistant City Attorney, City of Monte Sereno, CA, December 1996 to
present
Assistant General Counsel, West Valley Solid Waste Management
Authority, ApHI1998 to present
ADMITTED TO PRACTICE
United States Court of Appeals, Ninth Circuit
United States District Court, Northern District
California Supreme Court
PROFESSIONAL AFFILIATIONS
American Bar Association
California State Bar Association
Santa Clara Bar Association
League of California Cities
0
0
BARBARA FOSBRY1vK
Ms, Fosbrink has over 20 years of experience in local government analysis, planning and
implementation of a wide variety of programs._ She has specific experience in gathering
data through various survey techniques. Ms. Fosbrink has designed and prepared survey
instruments and survey collection methodology to gain specific input from community
groups as well as elected and appointed officials. She has extensive experience in
building constituencies of neighborhoods and community interest groups directed at
investing energy and resources in the completion of projects and programs.
Ms. Fosbrink has a variety of local government managerial experience. She most
recently was the Assistant to the City Manager of Ventura, California. In this capacity,
she facilitated the City's strategic planning effort in relation to community input, input
analysis, collection and plan preparation. Ms. Fosbrink also served as Assistant to the
Director of Recreation and as a Recreation supervisor for the City of Ventura.
Ms. Fosbrink holds a Bachelors degree from the State University of New York at Buffalo
in Human Development, Family and Community Relations, and a Masters of Science
degree with honors in Recreation and Park Administration from Indiana University.
KARm` S. TEMPLE
Karin Temple brings to the Management Partners team extensive professional municipal
experience with a focus on service, results, solving problems and creating solutions.
Ms. Temple has ten years experience in local government, having served the cities of San
Jose and Hayward, California in a variety of management positions including Assistant to
the City Manager in both communities and Budget Administrator in the latter. Ms.
Temple honed her analytical and administrative skills while serving as staff assistant to
several city managers, and has experience as both a generalist and a program manager. As
a consultant working with Management Partners she has completed organizational
analysis work for the County of San Mateo and the City of Santa Clara. She has
demonstrated excellent analytical and interviewing skills in completing work tasks for
each of these projects.
Her notable achievements include introducing the base budgeting approach in the City of
Hayward to ease the workload for City departments and provide the City Council with a
less cumbersome budget process, and earning Hayward's first Distinguished Budget
Presentation Award from the national Government Finance Officers Association and
Excellence in Budgeting Award from the California Society of Municipal Finance
Officers.
Ms. Temple has a bachelors degree in political science from Duke University (graduated
cum laude) and a Master of Public Affairs degree with concentration in urban
management from Indiana University in Bloomington.
r�
u
n
LJ
REBEKKA G. HOSKEN
Rebekka Hosken, Management Advisor, has local government experience in a diverse
range of communities with populations ranging from 13,000 to 70,000. Ms. Hosken has
worked in the Town Manager's Office in Lexington, Massachusetts, as Executive
Assistant to the Mayor in Appleton, Wisconsin, and most recently as the Assistant
Village Manager in the Chicago suburb of La Grange Park, Illinois.
Ms. Hosken co-chaired the City of Appleton's Quality Improvement Program and was
responsible for training a majority of the City's 600 employees in methods of quality
improvement, group facilitation, and process analysis. During her career, she has
facilitated strategic planning processes, implemented the transition from line item to
performance budgeting, prepared long-range plans in municipal technology, and been
instrumental in the analysis and reorganization of various municipal departments.
Ms. Hosken received her B.A. with honors from the University of Michigan, Ann Arbor,
and her Masters in Business Administration with Certificate in Public Management from
Boston University. She has served on various committees for the Illinois Association of
Municipal Management Assistants (IAMMA), Intergovernmental Risk Management
Agency (IRMA) municipal risk pool, and local chambers of commerce. In 1996 she was
selected to represent the State of Wisconsin as Young Careerist at the national Business
and Professional Women's conference in Washington, D.C.
0
•
Attachment 2
0
•
4
4.
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
Name/Title/Department of Requesting Staff Member2 t6.. Sc_ f'ry-- �4 , 4jnjn
Length of Contract Q CpCQ,%t, r t'r
Type of Insurance Waiver or Modification Requested: t art,,: er ,,r
(a) Limits: (b) Coverage
i
Reason for Request for Waiver or Reduction of Limits �Jr?�a�P� _ "� n9C� 0( _
Identify the risks to the City if this request for waiver or modification is granted
Department Head Signature
(This section to be completed by the Risk Manager)
Recommendation:
Approve_ Deny Risk Manager's Signature/Date
(This section to be completed by City Attorney)
Recommendation:
Approve_ Deny City Attorney's Signature/Date 1 I 1
Settlement Committee appro ;� [is] �s not] required for this waiver. If Settlement Committee approval is required,
submit this form to City Attome ffice to be placed on the agenda. Recommendation: Approvei,,.�eny
City Council appro I [is] not] required for this waiver. If City Council a 1 is required, attach this form to the
RCA after considerat y t6e Settlement Committee. This insurance wai [is] is not] on City Council agenda.
L�
me 9 . KIPP
FirstName
LastName
Company
Addressi
City
State
PostalCode
WorkPhone
Facsimile
Michael
Davis
The Davis Co.
555 University Avenue,
Sacramento
CA
95825
(916) 567-
(916) 567-
Ste.116
9510
9540
John
Shannon
Shannon
1601 Response Road,
Sacramento
CA
95815
(916) 567-
Associates
Ste.390
4280
Norman
Roberts
DMG Maximus
4320 Auburn Blvd., Ste.
Sacramento
CA
95841
(916) 485-
2000
8102
Clay
Brown
Ralph Anderson
4240 Rocklin Road, Ste.
Rocklin
CA
95677
(916) 630-
& Assoc.
11
4900
Darrell
Cohoon
Consulting
726 13th Street
Huntington
CA
92648
(714) 536-
Col laborative
Beach
1882
Gerald E.
Newfarmer
Management
3181 Linwood St., Ste. 25
Cincinnati
OH
45208
Partners, Inc.
Gloria V.
Becrra
Deloitte &
2335 American River
Sacramento
CA
95825
Touche
Drive, Ste. 200
Julie
Froeberg
J. F. Consulting
380 Camino De Estrella,
San Clemente
CA
92672
Ste. 248
Kaiser
1595 Springhill Avenue,
Vienna
VA
Associates, Inc.
Ste. 700
Huntley
14140 Beach Blvd., Ste.
Westminster
CA
92683
Management
111
Services
Arroyo Seco
127 No. Madison Avenue,
Pasadena
CA
91101
Associates, Inc.
Ste. 22
Hughes, Heiss &
675 Mariners Island Blvd.,
San Mateo
CA
91101
Associates
Ste.108
Phoenix
3250 Wilshire Blvd., Ste.
Los Angeles
CA
90010
Consulting
900
Group
Walt
Munchhei
Konrad Rae &
6047 Dublin Way
Citrus Heights
CA
95610
mer
Associates
Reason
3415 S. Sepulveda Blvd.,
Los Angeles
CA
90034
Associates
Ste.400-A
Lawrence
Bienati
Consultants To
2121 N. California Blvd.
Walnut Creek
CA
94596
M.
Management
Raymond
Dillard
Western
Two Hundred Page Mill
Palo Alto
CA
94306
M.
Productivity
Road
Group, Inc.
William
Steinberg
William
7 Albion Road
Hampstead,
CAN
H3X 31-8
Steinberg
Quebec
ADA
Consultants, Inc.
Becker & Bell
1166 P Broadway
Placerville
CA
95667
0
•
FirstName
LastName
Company
Addressl
City
State
PostalCode
WorkPhone
Facsimile
David Esparza
921 11th Street, Ste. 401
Sacramento
CA
95814
Consulting
Harrington
2125 Baywood Lane
Davis
CA
95616
Consulting
The Wamer
5950 Canoga Avenue,
Woodland Hills
CA
91367
Group
Ste.600
Taylor Nelson
5042 Woodman Avenue
Riverside
CA
92506
Larry E.
Fetters
The Urban
1558 East Level Street
Covina
CA
91724
Institute
William C.
Lewis
Lewis Partners
2500 East Foothill Blvd.
Pasadena
CA
91107
Richard
Hughes
Hughes, Perry &
P.O. Box 384
Sea Ranch
CA
95497
Associates
Paul M.
Whisenan
PMW,
232 West Avenida
San Clemente
CA
92672
d
Associates
Gaviota
Peter
Bellmio
Public
1497 Chain Bridge Road
McLean
VA
22101
Administration
Service
William
Evans
Cresap,
2101 L Street, N.W., Ste.
Washington
B.C.
20037
McCormick &
400
Paget
Roger
Hewitt
C.A. Consulting
1401 Garden Highway,
Sacramento
CA
95833
Ste. 200
Yvonne
Patton
KPMG
750 B. Street, Ste. 1500
San Diego
CA
Anderson
2101 Rosecrans Avenue,
ElSegundo
CA
90245
Consulting
Ste.3300
Ernest
Young
18400 Von Karman
Irvine
CA
92715
Avenue, Ste. 800
�2DEC.�4.19995; 5�15Ph)145iAW OFFICE ROBERT J LOGANTY OF FW CITY ADM rv0.341 P.2/2 09
IN WITNESS VITMnOF, the parties Hereto have caused this AGREI b=NT to be
executed by and through their authorized oEicn the day, month and year f= above written.
C014SULTANT CITY OF ULPIU ]'vGTDN $ CH. a
mu>sioitpd cozpmx ion of thevtale of
4 Caufamia
prim neM Mayor
ITS- (corm. en hai eeideni'vice President
Ai NL n ATTEST:
Fly.— :�_N'
City Clwk
p ' narna i
ITS: (ritee) Sect ChiefFkMelal Of m/Aset, APPROVED AS TO FOP.
Surat _ Tieesurer MI
POPMMED AND AFPRUVED:
City Attorney
Administrator WITIATED AND APPRO D:
City Ac zftstrator
TKULAXED AND APPRD M:
/
/` T
A-71- City Alit mev } _.
JNI(4�j to Rd
�/t,��
s
whealerhnsa emeetpvmancativaub illa/y+9
RCA ROUTING SHEET(2 P
INITIATING DEPARTMENT:
Administration
SUBJECT:
Approve an Agreement for a Management Review of the
City Attorney's Office
COUNCIL MEETING DATE:
December 20, 1999
RCA ATTACHMENTS
:y .:-STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the CityAttomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
Findings/Conditions for Approval and/or Denial
Not Applicable
'FORIMISSING
EXPLANATIONATTACHMENTS
REVIEWED
-RETURNED:.
_:FORWARDED
Administrative Staff
{ }
( }
Assistant City Administrator (Initial)
{ )
{ )
City Administrator (Initial)
{ }
( )
City Clerk
{ )
EXPLANATION"F.OR: RETURN''OF:ITEM
I
r A&oov,-)
_ �.
Council/Agency Meeting Held:C717/9 y 6 . 1D
Defe ed/Continued to:
Approved ❑ Conditionally A proved ❑ Denied v�I _
y Clerk's Signature
Council Meeting Date: September 7, 1999 Department ID Number: AD-010
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
-D
-f
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
ca
SUBMITTED BY:
RAY SILVER, City AdministratorRAV
GAIL HUTTON, City Attorney C. --to-cl I
�
PREPARED BY:
RICHARD BARNARD, Deputy City AdministratorfS
—
n
v
SUBJECT:
Approval of the Request for Proposal for a Management Review
of the
City Attorney's Office
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue:
The approval of the Request for Proposal (RFP) for a Management Review of the City
Attorney's office.
Fundina Source:
Sufficient funding for the management review has been included in the proposed FY 1999-
2001 budget. The management review costs will not exceed $100,000. Funding source:
General Fund.
Recommended Action:
1. Receive and approve the Request for Proposal for a management review of the City
Attorney's office
2. Authorize the City Administrator to distribute the RFP and select a firm to conduct a
management review of the City Attorney's office
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Do not approve the RFP and direct staff accordingly
2. Modify the RFP
EJt6
RAUEST FOR COUNCIL ACTIN
MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER: AD-010
Analysis:
A. Background
At its June 7, 1999 meeting, the City Council requested the City Administrator engage a firm
to perform an audit of the City Attorney's office. As a result of that direction, staff has
prepared a Request for Proposal (RFP) for a management review of the City Attorney's office
(Attachment 1).
The City Attorney's office was last reviewed in 1985 by Deloitte Haskins & Sells. That effort
examined many of the same areas identified in this RFP.
Staff is also recommending that the management review of the City Attorney's office serve as
the kick-off for a Citywide Management Review Program that proposes to review every City
department over a period of time.
B. Manggement Review of the City Attorney's Office
The RFP calls for a comprehensive review of the City Attorney's office. The scope of work
includes examination of the following aspects of the City Attorney's operations:
• Strategic planning
• Organizational structure
• Personnel management
• Process improvement
• Performance measurement
In addition to these areas, the management review will prepare a profile detailing the office's
current method of operation and consider the City Attorney's relationship to other City
departments and its use of outside counsel.
Staff will issue the RFP on September 8, 1999, to a list of consulting firms agreed upon by
the City Administrator and City Attorney. Responses will be due on October 1, 1999. Shortly
thereafter, an evaluation committee will be convened to assess the proposals and select a
firm to conduct the review. Staff expects the consultant begin the review on or about
November 8, 1999. The draft final report is due 120 days after the review is initiated.
Environmental Status:
None
AttorneyRFP -2- 08/23/99 3:39 PM
RRUEST FOR COUNCIL ACTIM
MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER: AD-010
Attachment(s):
RCA Author: Pgrant x5674
AttorneyRFP .3- 08/23/99 3:39 PM
•
•
Attachment 1
•
0
CITY OF HUNTINGTON BEACH
REQUEST FOR PROPOSAL
for
Management Review of the City Attorney's Office
The City of Huntington Beach (City) is requesting proposals for the preparation of a
management review of the City Attorney's Office. Responses to this Request for
Proposal (RFP) are to be submitted no later than 5:00 P.M. on October 1, 1999 to:
Mr. Richard Amadril, Central Services Manager
Administrative Services
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Ten (10) copies of the proposal shall be submitted in a sealed envelope and marked
Proposal for City Attorney Management Review. Proposals received after the specified
time will not be accepted and will be returned unopened. Specific questions regarding
the Scope of Work included as part of this Request for Proposal may be addressed to
Mr. Richard Amadril, Central Services Manager, at (714) 536-5221.
INDEX
Section Page
I. Introduction................................................................................... 2
11. Schedule of Events....................................................................... 2
ill. Project Background & Purpose ..................................................... 3
IV. Scope of Work.............................................................................. 4
Index (continued)
9 CITY PHLINTINGTON BEACH
Management Review —CRyAttorneys Offloe
Request for Proposals
OdDber 1,1999
Page 2
V. Proposal Requirements................................................................ 12
VI. Fieldwork Deliverables.................................................................. 15
VII. Report Deliverables....................................................................:. 16
Vill. Submission of Monthly Progress Reports & Invoices ................... 18
IX. General Contract Requirements................................................... 18
X. Consultant Evaluation & Selection Process .................................. 20
I. INTRODUCTION
The City of Huntington Beach is requesting proposals from qualified firms to conduct a
comprehensive management review of the City Attorney's Office. The City Attorney is
an independent elected official and is supported by a permanent staff of 14 and one
part-time, temporary Special Counsel. The staff is comprised of two Assistant City
Attorneys, five Deputy City Attorneys, one Senior Legal Secretary, three Legal
Secretaries, one Investigator, one Law Office Manager, and one Office Assistant. The
City Attorney has held her position since 1978. The last management review of the
Office was sought in 1985.
As set forth at §309 of the Huntington Beach City Charter, the primary function of the
Office is to represent and advise the City in a broad range of legal matters associated
with the daily conduct of City business. Generally, legal services can be grouped into
the two major categories of routine advisement/review regarding City business matters
and litigation. Routine advisement/review assistance includes such matters as contract
preparation and approvals, administrative proceedings, insurance and deed approval,
procurement procedures, City criminal code enforcement issues and prosecution, and
eminent domain proceedings. The City Attorney or her designee attends City Council
and Planning Commission meetings and advises City Boards and Commissions.
Litigation matters also span a broad spectrum of topics and include everything from slip
and fall lawsuits and personnel matters to complex lawsuits involving multiple agencies
and/or businesses.
II. SCHEDULE OF EVENTS
918/99
Schedule of Events frorn Issuance of RFP to Award of Contract
City Issues RFP .
1011199
Proposals are due
10/22/99
Proposal Evaluation Completed
1111/99
Approval of Contract by Council,
11/2199
Notice to Proceed
9 CITYPHuNTINGTON BEACH
Management Review — City Attorneys Ofte
Request fbr Proposals
October 1,1999
Page 3
III. PROJECT BACKGROUND & PURPOSE
Huntington Beach is a charter city, administered by a Council/Administrator form of
government. Huntington Beach is a full service city encompassing an area of 28
square miles with a population of 196,700, The total annual City budget is
approximately $234 million, with the General Fund portion of the budget totaling
approximately $110 million. The annual budget of the City Attorney's Office is
approximately $1.6 million.
This management review resulted from interest by the City Council regarding all City
departments' administrative and management practices. The City Council is currently
reviewing a new plan and schedule for conducting similar management reviews for all
departments on a biannual cycle.
The goal of this review is to complete a comprehensive evaluation of the administrative
operations, policies, and procedures of the City Attorney's Office with the intent to make
recommendations to the City Attorney to increase overall efficiency, timeliness, and
customer service. The review should address the Office's mission, structure, staffing,
budget, administrative costs, and processes and provide detailed recommended
actions for improving overall efficiency and operations.
A detailed work plan should be provided based on the consultant's experience and
expertise in previous public law office management studies, relative to the tasks shown
in Section IV below. In general, at the conclusion of this management review, the City
is seeking documentation and recommendations regarding the following:
• Determination of existing department functions, workload, service levels,
policies, and objectives
• Determination of whether existing staff can be more effectively utilized through
systematic work planning and scheduling
• Documentation of how the internal operation, supervision, work methods, staffing
levels compare to other municipal jurisdictions
0 Documentation of suggested performance measurements or benchmarks
• CITY PHUNTINGTON BEACH
Management Review — City AttonWs Office
Requestfor Proposals
October 1,1999
Page 4
IV. SCOPE OF WORK
Task I: Preliminary Survey and Scope of the Review
1.1 Ensure all parties have a clear understanding of, and agree with, the
scope of the project
1.2 Obtain the views and perspectives of City Attorney's clients (e.g., City
Council, departments, etc.) through interviews, focus groups, etc.
1.3 Prepare a profile of the City Attorney's Office including mission, goals,
objectives, regulations, business processes, workload targets, indicators,
and performance measures
a. Description of mission, goals, objectives, etc.
b. Organizational chart(s)
c. Applicable laws, regulations, manuals, and guidelines
d. Annual reports and other management reports and correspondence
e. Budget documents
f. Significant work assignment responsibilities and systems to measure
accountability
g. Significant staffing and workload descriptions
h. Identification and description of performance measures and
standards
i. Identification and description of management information and
reporting systems
j. Identification and description of significant workload trends (or
changes) facing the City Attorney's function
k. Identification and description of equipment and technology
requirements
CITY PHUNTINGTON BEACH
Management Review — City AttonWs Office
Request for Proposals
October 1,1999
Page 5
Identification and description of significant internal and external
interfaces
1.4 Recommend a revised scope and/or revised objectives, if needed, to
include areas where potential problems may exist, or to exclude areas
where additional effort is not warranted
Task 2: Assessment of Department Functions
Task 2 includes the assessment and evaluation of the department's strategic planning,
organizational structure, and personnel management. The proposed scope of work
should address the procedures and techniques the selected consultant will utilize in
completing this task. The consultant should have on staff, or secure by the use of a
sub -consultant, an experienced public sector municipal law attorney with supervisorial
experience (perhaps a current or former city attorney) to assist with Task 2.
Strategic Planning
2.1 Assess the adequacy of strategic planning procedures to accommodate
changing trends in law office management
2.2 Identify and analyze planning efforts by management to keep abreast of
developments in the law that would affect the City and the City Attorney's
Office
Organigational Structure
2.3 Analyze the organizational structure of the City Attorney's Office and its
relationship to case processing, the degree of specialization, the handling
of legal matters, management control and accountability, span of control,
including benchmarking with comparable organizations at the local level
a. Are the levels of management and spans of control adequate given
the strategic importance and complexity of each function?
b. Are any organizational units or components redundant, or do they
represent an inefficient use of resources?
c. Do internal communications flow freely between organizational
layers?
C
ITY OHUNTINGTON BEACH
Management Review — City Atbomey's Office
Request for Proposals
October 1,1999
Page 6
d. Are there adequate levels of administrative support?
e. Are ratios of administrative staff to legal staff appropriate?
2.4 Evaluate the organizational structure and administrative/management
positions
a. Are the lines of authority and spans of control adequate to ensure
quality control and performance and appropriate to meet the current
and future needs?
b. Is the organizational structure effective in ensuring process
efficiency?
c. Are there any overlapping or duplications of functions?
d. Is decision -making authority properly distributed throughout the
Office?
e. Are there effective internal and external communication networks in
place?
f. Are management and supervisory control mechanisms in place to
ensure that deadlines and service goals are met?
Personnel Management
2.5 Assess the adequacy of the Office's staffing resources, given existing
workload levels and litigation trends. Include support services such as
legal and office assistants
2.6 Assess the allocation of staffing resources among various services and
specialty areas
a. Do staffing ratios properly reflect the demands of the various types of
services?
b. Are administrative and clerical staff allocated adequately among the
various types of services?
CITY OF HUNTINGTON BEACH
Management Review — City AttoaWs Office
Request for Proposals
October 1,1999
Page 7
c. Are staffing resources allocated adequately in various stages of
litigation?
d. Are staff classifications being effectively utilized and applied for the
Oice's work activities and analysis such as paralegals, law clerks,
and staff assistants?
2.7 Evaluate the effectiveness of staff evaluation, utilization, and retention
a. Do legal, investigative, and administrative staff receive the proper
amount of initial and continuing education?
b. Are mentoring or informal coaching programs in place to aid in the
development of new attorneys?
c. Are performance appraisals done on a timely basis? Do they provide
the right kind of feedback?
d. Are staff assignments based on the best utilization of the skills of the
individual attorneys and to increase staff experience?
e. Are staff skills appropriate to perform tasks completely?
f. Are there appropriate levels of supervision/management to ensure
that quality work is performed?
g. Are reporting relationships effective?
h. Define and determine if work plans exist for each staffing level, and if
they meet current and future needs
i. Are there any improvement opportunities in staffing productivity that
can enhance service levels or provide cost savings?
2.8 Assess employee morale through interviews and surveys, etc. Identify
root causes for any morale issues
2.9 Evaluate the training function and the dissemination of accurate and
timely information to the staff
CITY OF HUNTINGTON BEACH
Management Review — City AtbomeVs Office
Requestbr Proposals
October 1,1999
Page 8
Task 3: Process Improvement Evaluation
Using best business practices appropriate for in-house municipal law offices and firms
specializing in municipal law with comparable and case mix, evaluate the effectiveness
of the City Attorney's Office in accomplishing its mandated and discretionary functions.
This evaluation will include the efficiency (using appropriate performance standards)
and effectiveness. of case assignment and processing including comparisons with
approaches used by similar entities.
This evaluation will include a review of the applicability and use of best practices or
other innovations in expediting cases and improving overall effectiveness.
3.1 Are state-of-the-art practices (including those of other public sector law
firms) utilized?
3.2 In light of State law and State and local court rules designed to expedite
resolution of lawsuits, are litigation strategies utilized to expedite case
resolutions promoting efficiency and reducing financial risk?
3.3 Is the City's Settlement Committee effective?
3.4 Is the City's Legal Affairs Committee effective?
Task 4: Evaluation of Overall Department Effectiveness
4.1 Through interviews with clients (e.g., City Council, City departments, etc.)
and other entities that interact with City Attorney's Office, as well as
through the use of assessment techniques, gauge perceptions of the
responsiveness and effectiveness of the City Attorney's Office
4.2 Evaluate the relationship of the City Attorney's Office with other agencies
and the courts
Task 6: Development of Appropriate Performance Measures
5.1 Define, compare and assess the use and appropriateness of performance
measures, benchmarks and workload statistics among similar full service
public law offices
5.2 Evaluate the Office's use of performance measures and benchmarks to
evaluate internal effectiveness and direct management attention
CITY OF HUNTINGTON BEACH
Management Review -- City Att )n*s Office
Requestior Proposals
October 1,1999
Page 9
5.3 If performance measures are not utilized, develop measures, in light of
State law and State and local court rules designed to expedite resolution
of lawsuits, for major office functions such as prosecuting and defending
legal actions, issuing legal opinions, drafting and reviewing contracts,
approving deeds and insurance, etc.
5.4 Evaluate the automated systems in place or in planning for case/opinion
tracking, legal research, case reporting to counsel, grievance reporting to
the Personnel Commission and Police department, integration with other
government agencies, document generation and retrieval, billing or other
administrative functions, and managing workload
a. Are current systems accessible to City Attorney staff?
b. Do the systems incorporate the most current technology?
C. Do the systems provide access to the most useful, current data?
Task 6: With the Use of an Experienced Municipal Law Attorney, Evaluate the
Department's Use of Outside Counsel and Outsourcing
6.1. In light of City Charter §309, evaluate the Office's policies regarding use
of outside counsel for handling certain matters
6.2 Is the use of outside counsel appropriate given the workload and nature of
the legal matters outsourced?
6.3 Is the use of outside counsel cost effective?
6.4 How are outside counsel overseen with respect to quality control,
compliance, transfer of knowledge, and follow-up?
6.5 Are steps being taken to eventually bring outsourced matters back in-
house where appropriate?
6.6 Should other functions be outsourced?
6.7 Does the Office have an effective legal cost and bill review process,
analysis, and standard?
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CITY OF HUNTINGTON BEACH
Management Review —City Attorneys Office
Request far Proposals
Ocbober 1,1999
Page 10
Task 7: Evaluation of Claims Administration and Litigation
Evaluate the process for oversight and management of claims administration and
litigation under contracts with third party administrators in regard to the allocation of
responsibilities between the City Attorney's Office and Administrative Services' Risk
Management Division.
7.1 Is the allocation of responsibilities for this function designed to minimize
financial risk for the City and maximize the expeditious resolution of claims
and litigated cases?
7.2 Is the split of responsibility between these two departments cost effective
internally?
7.3 How does the split of responsibility impact quality control of the
performance of outside counsel?
7.4 What mechanisms would improve functionality of the process within the
current configuration?
Task 8: Review of Potential Cost Recovery Opportunities
The objective of this task is to determine if there are any specific opportunities for the
City Attorney's Office to recover costs for services rendered to City departments and/or
other public agencies (if any), as well as to identify other potential funding sources.
8.1 Determine if effective measures have been taken by the City to minimize
the loss exposure of City departments through training or information
sharing
8.2 Determine if the City Attorney's Office is taking advantage of opportunities
for grants or enhanced funding that may be available, and if there are
other ways to increase program funding
Task 9: Overall Review Report Requirements
9.1 Evaluate conditions noted during the review that may potentially conflict
with program guidelines, legal mandates, or funding restrictions
CITY OF HUNTINGTON BEACH
Management Review — City Attorne/s Office
Request for Proposals
October 1,1999
Page 11
9.2 During any phase of the project, seek approval from the City Administrator
and City Attorney or their designees before proceeding with any redefined
project objectives
9.3 Analyze and interpret the results of performing the review procedures
9.4 Recommend legislation, if any, needed to implement recommendations
9.5 Consider the work of prior reviewers and the effect of their review
recommendations
9.6 Report the review results in conformity with Section VII, Report
Deliverables
9.7 Provide the City Administrator, City Attorney and City Council, subsequent
to issuance of the draft report and/or the final report, with written or oral
feedback to defend or explain the recommendations
9.8 Supervise the review with procedures to instruct and train staff, ensure
that staff understands the project, observe the staff's efforts and review
their output
9.9 Respond, in writing, to all comments, statements and suggestions made
by the City Administrator and City Attorney during the report preparation
and review process. All such responses shall be included in the final
report
CITY OF HUNTINGTON BEACH
Management Review— City AftonWs Office
Request fbr Proposals
October 1,1999
Page 12
V. PROPOSAL REQUIREMENTS
Although no specific format is required by the City, this section is intended to provide
guidelines to the consultant regarding features which the City will look for and expect to
be included in the proposal.
Proposal Content & Format Guidelines
1. The City requests that proposals submitted be organized and presented in
a neat and logical format and are relevant to these services. Proposals
shall be clear, accurate, and comprehensive, excessive or irrelevant
material will not be favorably received.
2. Proposals shall contain no more than 30 typed pages using a 10 point
minimum font size, including transmittal/offer letter and resumes of key
people, but excluding Index/Table of Contents, tables, charts, graphic
exhibits and the fee proposal. The purpose of these restrictions is to
minimize the costs of proposal preparation and to ensure that the
response to the RFP is fully relevant to the project.
3. The proposal shall include the following:
Transmittal/offer letter
• Page numbering
• Index/Table of Contents
• Team organization including an organizational chart
• Approach to the project
• Descriptions of similar projects completed by key staff assigned to this
study
• Two -page resumes of principals and key staff
• List Of other projects the firm is working on and the amount of available
remaining time key staff and principals can allocate to this study
• Project schedule
Statement of Qualifications
The information requested in this section should describe the qualifications of the firm,
key staff and sub -consultants in performing projects within the past five years that are
similar in size and scope to demonstrate competence to perform these services. The
CITY OF HUNTINGTON BEACH
Management Review — City Aftomey's Office
Request for Proposals
October 1,1999
Page 13
projects listed should be those that key staff named for this project were responsible for
performing services. Information shall include:
• Names of key staff that participated on named projects and their specific
responsibilities with respect to this Scope of Work
• The client's name, contact person, address, and telephone number
• A brief description of type and extent of services provided
• Completion dates (estimated, if not yet completed)
• Total cost of the project
There shall be included in the section two -page resumes of key personnel, including the
named municipal law attorney who will provide these services demonstrating their
qualifications and experience. Resumes should highlight education, experience,
licenses, and relevant project experience and specific responsibilities.
Proposed Work Plan
1. A detailed work plan should be included in the proposal. The work plan
should outline the technical approach, methodology, specific tasks, and
activities that will be performed in order to address the issues and work
items identified in the Scope of Work.
2. The work plan should also include the proposed review procedures that
will be used to accomplish the review objectives.
3. The work plan should identify the team member who will assume
responsibility for each specific task.
4. The work plan should also include a discussion of constraints, problems,
and issues that should be anticipated during the contract, and
suggestions for approaches to resolving them. Key work products
associated with each phase of the project are to be clearly identified.
Project Team
The purpose of this section is to describe the organization of the project team including
sub -consultants and key staff. A project manager an alternate project manager shall be
named who shall be the primary contact and be responsible for coordinating all
activities with the City. An experienced public municipal law attorney with supervisorial
experience (approved by the Huntington Beach City Attorney) shall be part of the
consultant's project team. An organizational chart shall be submitted showing all key
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CITY OF HUNTINGTON BEACH
Management Review — City Att we/sOffice
Request for Proposals
October 1,1999
Page 14
team members and illustrating the relationship between the City Administrator, the City
Attorney, the project manager, key staff, and all sub -consultants. There also should be
a brief description of the role and responsibilities of all key staff and sub -consultants
identified in the team organization.
Project Schedule
Prepare a detailed work schedule which provides for timely completion of the project,
including identifiable milestones for each of the objectives, and adequate periods for
review of each deliverable by Contractor management, the City Attorney and the City
Administrator.
There should be a brief discussion with the City Attorney and the City Administrator of
any key assumptions used in preparing the timetable and identification of critical tasks
and/or events that could impact the overall schedule.
Project Fee Proposal
In preparing the fee proposal for this project the consultant shall take into consideration
the following:
1. Compensation for services provided in completing the tasks associated
with the Scope of Work shall be based on a time and materials not -to -
exceed basis.
2. A work plan together with a breakdown of labor hours by employee billing
classification together with the cost of non -labor and sub -consultant
services shall be included with the fee proposal.
The labor breakdown shall be compiled by project phases and be based
on a listing of work tasks that correlates with the defined Scope of Work
for the project proposal. This information will be used by City staff to
evaluate the reasonableness of the fee proposal and in negotiating the
final fee for the contract agreement.
3. The consultant shall state the number of hours allotted in the fee amount
for attending meetings.
Should the amount of hours expended during these phases exceed the
amount included in the fee quote, the consultant may be authorized to
invoice the City for the additional hours upon first notifying the City that
CITY OF HUNTINGTON BEACH
Management Review — Cily Attorneys Office
Request for Proposals
October 1,1999
Page 15
the budget limit for meetings has been reached. The City shall then
determine whether additional hours for meetings will be authorized.
4. - The consultant's standard billing rates for all classifications of staff likely to
be involved in the project shall be included with the fee proposal along
with the mark-up rate for any non -labor expenses and sub -consultants.
5. Reimbursable expenses shall not be allowed unless negotiated prior to a
contract.
Statement of Offer & Signature
The proposal shall each be signed by an individual authorized to bind the consultant
and shall contain a statement that the proposals are a firm offer for a 90-day period.
VI. FIELDWORK DELIVERABLES
1. A practical work schedule identifying anticipated accomplishments for the
first six weeks of the project will be due within one week of the notice to
proceed.
2. Monthly written progress reports will be submitted to the City Attorney and
the City Administrator or their designees for the duration of the project.
Each report shall be submitted on the third business day following the
reporting period and shall contain the following information:
a. Overview of the reporting period
b. Summary of project status as of reporting date
c. Tasks, deliverables, services, and other work scheduled for the
reporting period which were completed
d. Tasks, deliverables, services, and other work scheduled for the
reporting period which were not completed
e. Tasks, deliverables, services, and other work completed in the
reporting period which were not scheduled
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Management Review — City Atbon*s Once
Request for Proposals
October 1,1999
Page 16
f. Tasks, deliverables, services, and other work to be completed in the
next reporting period
g. Issues to be resolved
h. Issues resolved
i. Any difficulties encountered by the selected consultant which could
jeopardize the completion of the contract or milestones or
deliverables within the schedule
j. Updated milestone chart
k. Total of costs incurred during the reporting period which will be
invoiced
Total amount invoiced and dollar balance remaining under the
contract
m. Any other information which the City may require
The first progress report will be due 30 days after the review is initiated. The City
Attorney and the City Administrator or their designees shall monitor the progress
reports to ensure successful completion of the contract within the schedule.
3. Review test work should be documented in working papers. Working
papers shall be made available to City representatives upon request.
4. Oral briefings between the selected consultant and the City Attorney and
the City Administrator or their designees to discuss the review findings will
be held on a monthly basis, midway between the written progress reports.
The first such briefing is scheduled for 15 days after the review is initiated.
Additional oral briefings will be held, as requested by either party, especially during the
preliminary stages of the project. Representatives of the City Attorney's Office will
always be included.
VII. REPORT DELIVERABLES
1. Contractor shall submit a total of three interim reports at key milestone
dates throughout the scope of the project. A total of 25 copies of these
CITY OF HUNTINGTON BEACH
Management Review — City Attomeys Office
Request for Proposals
October 1,1999
Page 17
interim reports should be submitted to the City Attorney and the City
Administrator. The selected consultant shall finalize interim reports as
directed by the City Attorney and the City Administrator or their designees.
2. Twenty-five (25) bound, two -side copies of the draft final report shall be
submitted to the City Attorney and City Administrator within 120 days after
the review is initiated. The issues addressed in any interim reports must
also be included. An exit conference will be scheduled within two weeks
of the date of the draft report.
3. The final report shall be submitted to the City Attorney and the City
Administrator within 10 business days following the City's response to the
draft report. Twenty-five (25) bound, two-sided copies of the final report,
one reproducible master, and one 3.5 inch diskette of all materials will be
submitted to the both the City Attorney and the City Administrator.
4. . The final report shall be written in a narrative style, be improvement
oriented rather than problem oriented, and shall include the following
items:
a. The review scope, objectives and methodology, with appropriate
statements of any limitations or impairments
b. A statement that the review was performed in accordance with
generally accepted government reviewing standards and any
deviations described
C. Consultant findings, with applicable recommendations, addressing
non-compliance issues, problem areas, operational improvements,
management control weaknesses, etc. The recommendations
should be:
(1) Based upon an appropriate description of the related criteria,
condition, cause and effect
(2) Classified according to order of priority for implementation
(3) Numbered to facilitate follow-up discussions
d. The nature of any information which is prohibited from general
disclosure by the City Attorney and the City Administrator
CITY of HUNTINGTON BEACH
Management Review — City AttoaWs Office
Request for Proposals
October 1,1999
Page 18
e. The response to the report of the City Attorney, including
implementation plans
f. Noteworthy accomplishments of the reviewed office
g. Significant issues needing further review work (as needed)
VI11. SUBMISSION OF MONTHLY PROGRESS REPORTS AND
INVOICES
All monthly progress reports, working papers, and invoices should be submitted to:
City Attorney Gail Hutton and City Administrator Ray Silver
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
IX. GENERAL CONTRACT REQUIREMENTS
1. Insurance Requirements
The consultant shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are
required to be maintained for the duration of the project:
a. General Liability Coverage - $1,000,000 per occurrence for bodily
injury and property damage. If Commercial General Liability
Insurance or other form with a general limit is used, either the
general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence
limit
b. Professional Liability Coverage - $1,000,000 per occurrence (a
"claims made" policy is acceptable)
c. Worker's Compensation Coverage - State statutory limits
Deductibles, Self -Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications, must be declared to and approved by the City
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CITY OF HUNTINGTON BEACH
Management Review— CityAttoaWs Office
Request for Proposals
October 1,1999
Page 19
of Huntington Beach. The City's insurance requirements are included as
Attachment A.
Note: The consultant is encouraged to contact its insurance carriers during the
proposal preparation to ensure that the insurance requirements can be met if
selected for negotiation of a contract agreement.
2. Standard Form of Agreement
The consultant will enter into an agreement with. the City based upon the
contents of the RFP and the consultant's proposal. The City's standard form of
agreement is included as Attachment B. The consultant shall carefully review
the agreement, especially in regards to the indemnity and insurance provisions,
and include with the proposal a description of any exceptions requested to the
standard contract. If there are no exceptions, a statement to that effect shall be
included in the proposal.
3. Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs
incurred in the preparation of the proposal. The City reserves the right to extend
the due date for the proposal, to accept or reject any or all proposals received as
a result of this request, to negotiate with any qualified consultant, or to cancel
this RFP in part or in its entirety. The City may require the selected consultant to
participate in negotiations and to submit such technical, fee, or other revisions of
their proposals as may result from negotiations.
4. Assigned Representatives
The City will assign a responsible representative and a knowledgeable Assistant
City Attorney or staff attorney to administer the contract and to assist the
consultant in obtaining information. The consultant also shall assign a
responsible representative (project manager) and an alternate, who shall be
identified in the proposal. The consultant's representative shall remain in
responsible charge of the consultant's duties from the notice -to -proceed through
project completion.
If the consultant's primary representative should be unable to continue with the
project, then the alternate representative identified in the proposal shall become
the project manager. The City shall approve any substitution of representatives
or sub -consultants identified in the proposal in writing. The City Attorney shall
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CITY OF HUNTINGTON BEACH
Management Review — City Aftm*s Office
Requestfor Proposals
October 1,1999
Page 20
approve any substitution of the experienced public sector municipal law sub -
consultant (key staff) who will be part of the project team. The City reserves the
right to review and approveldisapprove all key staff and sub -consultant
substitutions or removals, and may consider such changes not approved to be a
breach of contract.
5. Future Consulting Work
Consistent with City Charter §616, the consultant shall have no personal interest,
direct or indirect, for a period of three years after the completion of this review, in
the fiscal affairs of the City or any of its offices, concerning management reviews,
audits or similar studies without the consent of the City Administrator and City
Attorney.
X. CONSULTANT EVALUATION & SELECTION PROCESS
The City's consultant evaluation and selection process is based on Qualifications
Based Selection for professional services. The following criteria will be used in
evaluating the proposals using a point value system totaling 100 points based on the
weighting indicated below.
1. Grasp of the project requirements including identification of critical
elements and key issues (10 points)
2. Technical approach and work plan for the project, including innovative
approaches (25 points)
3. Qualifications and experience of the project manager, other key
individuals, and sub -consultants (30 points)
4. Results of reference checks. (15 points) Reference checks will only be
conducted for a short list of firms or the top rated firm
5. Clarity of proposal (10 points)
6. Availability and commitment by the selected firm and the Project Manager
(10 points)
7. Compliance with proposal requirements including the 30 page limitation
(pass/fail)
CITY OF HUNTINGTON BEACH
Management Review — City Attorneys Office
Request for Proposals
October 1,1999
Page 21
Oral Interviews
The City may elect to interview a short list of qualified firms or to interview only the top
rated firm based on the proposals submitted for the project.
Process for City/Consultant Negotiations
The City staff, including the City Attorney or her designee, will negotiate a contract with
the best -qualified firm for the desired consulting services at compensation that the City
staff determines is fair and reasonable to the City. Should the City staff be unable to
negotiate a satisfactory contract with the firm considered to be the most qualified,
negotiations with that firm shall be formally terminated. Negotiations will then be
undertaken with the next most qualified firm. Failing accord with the second most
qualified firm, the City staff and the City Attorney will terminate negotiations and
continue the negotiation process with the next most qualified firms in order of their
evaluation ranking until an agreement is reached and a firm is selected and an
agreement is executed.
The sample contract attached to this RFP will be modified, when necessary, to conform
to the requirements of this RFP.
Attachments
Attachment A Insurance Requirements
Attachment B Sample City Contract
E
Attachment A
INSURANCE REQUIREMENTS
If insurance is required, below are the City's requirements.
To: Encroachment Permit Applicants and Providers of Contractual Services to the City.
*** PLEASE GIVE THESE REQUIREMENTS TO YOUR INSURANCE AGENT***
City Council resolution 97-20 requires a certificate of General Liability insurance before
you can get a permit to do work on city property or before you can provide contractual
services to the city.
CHECKLIST:
All certificates must contain a mandatory 30 day cancellation notice. Be sure that
the words "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives"
have been removed or lined -out if they appear on the certificate.
2. Cancellation Clause Wording - The words "endeavor to" and "failure to mail
such notice shall impose no obligation nor liability of any kind upon the
company, its agents or representatives" have been removed or lined -out if they
appear on the certificate.
3. Workers' Compensation. - Minimum California statutory requirements for workers'
compensation of at least $100,000 bodily injury per disease or accident per
occurrence. If you have no employees, you must sign a Declaration of Non -
employee Status form, which is available from and submitted to the City's Risk
Management Department. In lieu of a certificate of insurance, a certificate of
Consent to Self -Insure issued by the California Director of Industrial Relations is also
acceptable.
4. Deductible/SIR: - The City Council Resolution 97-20 requires an approved waiver
for any deductibles and/or self insurance retention (SIR). The application for a
waiver is available from and submitted to Risk Management.
5. At least $1,000,000 combined single limit coverage is required.
6. Insurance must be "per occurrence." "Claims made" is only acceptable for
professional or pollution liability insurance.
7. The City of Huntington Beach must be named as certificate holder.
8. The certificate must name the City of Huntington Beach, its agents. officers, and
employees as additional insured on an endorsement that is a separate attachment
to the certificate. The wording must be exact.
•
•
i Attachment B
SAMPLE
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT, made and entered into this day of
, 1996, by -and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
, a California corporation, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for
in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been
complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal, and CONSULTANT's proposal dated (hereinafter referred to as
Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference.
Said services shall sometimes hereinafter be referred to as "PROJECT."
CONSULTANT hereby designates , who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
n
1
SAMPLE
k/autotcxt/consulatant sample/418/97
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than months from the date of this
Agreement. These times may be extended with the written permission of the CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of
Services on the Work Program/Project Schedule. This schedule may be amended to benefit
the PROJECT if mutually agreed by the CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee not to exceed Dollars ($ )
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 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
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A".
S. Delivery of work product: A copy of every technical memo and report
Prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
2
SAMPLE
k/autokWoonsulatant sampie/4/8/97
shall identify specific requirements for satisfactory completion. Any such product which has
not been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONSULTANT`s firm that the work has been performed in accordance with the
provisions of this Agreement; and
completed.
5) For all payments include an estimate of the percentage of work
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 promptly 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 the CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to the 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.
3
SAMPLE
Wautotexticonsulatant sample/418/97
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.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS.
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices; calculations,. maps and other
documents, shall be turned over to CITY upon termination of this Agreement or upon -
PROJECT completion, whichever shall occur first. In the event this Agreement is terminated,
said materials may be used by CITY in the completion of PROJECT or as it otherwise sees ft.
Title to said materials shall pass to the CITY upon payment of fees determined to be eamed by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
8. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save
harmless CITY, its officers and employees from any and all liability, -including any claim of
liability and any and all losses or costs arising out of the negligent performance of this
Agreement by CONSULTANT, its officers or employees.
9. WORKERS COMPENSATION
CONSULTANT shall comply with all of the provisions of the Workers
Compensation Insurance and Safety Acts of the State of California, the applicable provisions
of the California Labor Code and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and furnish evidence to CITY of maintenance of
statutory workers compensation insurance and employers liability in an amount of not less than
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$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
10. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following
insurance policies covering the PROJECT:
A. General Liability Insurance
A policy of general public liability insurance, including motor vehicle coverage.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection
with the PROJECT, and shall provide coverage in not less than the following amount:
combined single limit bodily injury and property damage, including prod uctslcompleted
operations liability and blanket contractual.liability, of $1,000,000 per occurrence. If coverage
is provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and
employees as Additional Insureds, and shall specifically provide that any other insurance
coverage which may be applicable to the PROJECT shall be deemed excess coverage and
that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self -
insured retention, or a °deductible" or any other similar form of limitation on the required
coverage.
B. Professional Liability Insurance.
CONSULTANT shall acquire a professional liability insurance policy covering the
work performed by it hereunder. Said policy shall provide. coverage for CONSULTANT's
professional liability in an amount notless than $500,000 per claim. A claims made policy shall
be acceptable.
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11. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carver and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies .will not be canceled or
modified without thirty (30) days prior written notice of CITY;
4. and shall state as follows: "The above detailed coverage is not subject
to any deductible o'r self -insured retention, or any other form of similar type limitation."
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONSULTANT under the
Agreement. CITY or its representative shall at all times have the right to demand the original
or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
12. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CON SULTA NT's services hereunder at anytime with or without
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cause, and whether or not 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.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
15. 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.
16. 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 financial interest in this Agreement in violation of the applicable provisions of the California
Govemment Code.
17. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of 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, addressed as follows:
TO CITY:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
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18. 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.
19. 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.
20. ATTORNEY'S FEES
In the event suit is brought by either party to enforce'the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
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21. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and .year first above written.
CONTRACTOR: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
City Administrator
Director of
ft
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