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HomeMy WebLinkAboutManagement Partners - 2018-01-04PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MANAGEMENT PARTNERS FOR COMMUNITY DEVELOPMENT CONSULTING ASSISTANCE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Management Partners, an Ohio corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to assist the City with community development consulting assistance; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates a person who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional Svcs 50 to 100 17-6161/170494/MV 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence one vl 20 [k8 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than twelve (12) months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Sixty -Five Thousand Dollars ($65,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/professional svcs 50 to 100 17-6161/170494/MV 2 of 11 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall agree/ surfnet/professional svcs 50 to 100 17-6161/170494/MV 3 of 11 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that a,gree/ surfnet/professional svcs 50 to 100 17-6161/170494/MV 4 of I I insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/ surfnet/professional svcs 50 to 100 17-6161/170494/MV 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. abree/ surfnet/professional svcs 50 to 100 17-6161 i 170494/MV 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Antonia Graham, Assistant to the City Manager 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional Svcs 50 to 100 17-6161/170494/MV 7 of 11 TO CONSULTANT: Management Partners Gerald Newfarmer, President and CEO 2107 North First Street, Suite 470 San Jose, CA 95131 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ surfnet/professional Svcs 50 to 100 17-6161/170494/MV 8 of 11 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surfnet/professional Svcs 50 to 100 17-6161/170494/MV 9 of 11 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, agree/ surfnet/professional Svcs 50 to 100 17-6161/170494/MV 10 of 11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. a-ree/ surfnet/professional svcs 50 to 100 17-6161/170494/MV I of I I CONSULTANT, MANAGEMENT PARTNERS, an Ohio corporation ,� f By: (, print name ITS: (circle one) ChainntaFPre d neis OVice President AND By: Amy c eNL- print name ITS: (circl ne retary/Chief Financial Officer/Asst. Secret �— Treasurer agree/ surfnet/professional sves 50 to 100 17-6161/170494/MV 12 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Z4 e A INITIATT AND APPROVED: v Assistant City Mana er 1-3 w U,.,410,ITA a m • m:OINTR►M City Attorney 7Q) ac�Ie RECEIVE AND FILE: A74oul� City Clerk Date EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City of Huntington Beach has the need for expert, consulting, project management assistance and organizational analysis of the Community Development Department, as well as for a variety of community development projects and initiatives. The following scope of work describes the expert consulting services desired from Management Partners. - Conduct an organizational assessment of Community Development Department and provide recommendations; - Provide project management for an update to the Zoning Code for General Plan consistency; - Provide consultative advice to City management, commissions and Council; and, - Provide other project management services as needed. The CITY anticipates needing CONSULTANT assistance for approximately four (4) months beginning in January 2018. The lead CONSULTANT as determined by the firm will be available at the CONSULTANT's discretion, based upon the CONSULTANT's assessment of ongoing projects. The lead CONSULTANT and other Management Partners' team members will provide on -site or off -site hours on an as -needed basis to ensure that the CITY's needs are met. CONSULTANT shall determine the method and manner of carrying out the work, including when other experts from the firm are needed to assist with a project. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See paragraph "a" of Exhibit "A". EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with CONSULTANT to identify appropriate staff members to work with Management Partners on this Study. CITY shall set aside time to meet with Management Partners staff and work to accommodate meeting requests for interviewing field staff. CITY staff will not control the manner or means of CONSULTANT's services. Matters pertaining to personnel, such as discipline, hiring, or evaluations, are not part of the scope or work, nor are execution of contracts or other written documents obligating CITY. All such items will be the responsibility of the City Manager or his designee. D. WORK PROGRAM/PROJECT SCHEDULE: CONSULTANT will have four (4) months from contract approval to complete the Statement of Work. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: $130 per hour. The work performed by CONSULTANT shall not exceed $65,000 unless amended by CITY. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B CITY OF HUNTINGTON BEACH Professional Service Approval Form ` PART DEC 0 ;° �; �ti Date: 12/4/2017 Project Manager Name: Antonia Graham.;, Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: The purpose of this consulting agreement is to have an interim Community Development Director who will analyze the needs of the Department and provide expertise related to Planning, Building, and Code Enforcement issues while the City recruits a full time Director. 2) Estimated cost of the services being sought: $ 65,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) 7 ® Yes ❑ No Fiscal ServipManager Signature (Purchasing Approval) 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Date Account number Contractual Dollar Amount Business unit. object # Fiscal Year 17/18 Fiscal Year Fiscal Year Fiscal Year 10060101.69365 $65,000 $ $ $ $ $ $ $ $ $ $ $ 0 Approval epartment Head Signature(s) Chie F na ial Officer Siggabure �y A 'istant City Manager's Signature APPROVED DENIED ❑ City Signature Date Date ��— -Z1 I e-7 Date Z22C'' Date Date management partners'cd'susan part 1.doc REV: February 2015 CITY OF • BEACH 1A) �j Professional Service Approval Form F�OtINT��\�o l PAR T 11 Date: 12/4/2017 Project Manager: Antonia Graham Requested by Name if different from Project Manager: Department: City Manager P. uc-f - R!". 3_ iV`"'" DEC 06 2017 "( PARTS I & 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Management Partners 2) Contract Number: ADM (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $65,000 Account number Contractual Dollar Amount Business unit. object # Fiscal Year 17/18 Fiscal Year Fiscal Year Fiscal Year 10060101.69365 $65,000 $ $ $ 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Wd" - Department Head -7 Date Fiscal Serviceser (Purchasing) Budget Manag r Approval Signature Chief Financial Officer (or designee) Signature 7 Date D to - l 1 Q7 Date part2'bbk.doc PROFESSIONAL SERVICES FISCAL YEAR 2017/18 COMMUNITY DEVELOPMENT vc UI a111[-i11l v�c�yu awu Fnvue�a Professional services including Community planning and technical services, Development inspection services, plan check services and other professional services. $ 527,697.00 FY 18/19 FY 19/20 Date Vendor Amount Contract Value Notes Amount Amount 1/26/2016 $ 232,500.00 $ 600,000.00 3 yr NTE $600K $232,500.00 5/3/2016 CSG $ 100,000.00 $ 800,000.00 3 yr new NTE will be $800K $100,000.00 4/27/2017 Bureau Veritas $ 30,000.00 $ 30,000.00 Plan Check Services 9/20/2017 Planning Services $ 99,800.00 $ 99,800.00 RFP 9/25/17 9/27/2017 CSG Consultants $ 340,000.00 $ 840,000.00 Plan Review Services - CC approval 12/8/2012 Management Partners $ 65,000.00 $ 65,000.00 Interim Director Total Value $ 867,300.00 $ (339,603.00) Graham, Antonia From: Graham, Antonia Sent: Monday, December 04, 2017 2:13 PM To: 'Rob Mullane' Cc: Halley Moore Subject: RE: Community Development Department Organizational Assessment See below Thank you for speaking with me about your firm. We are looking for someone who can assist the City in an interim position while we search for a permanent Community Development Director. This person would also conduct an analysis of the Department. We would need someone for approximately four months for about 30 hours per week, with three or four days on site. We have a need for an expert consulting, project management assistance, and organizational analysis of the Community Development Department as well as a variety of community development projects and initiatives. This person would assist the City/Department with the following: - Conducting an organizational assessment of the Department. Provide guidance and management over the update of the Zoning Code for General Plan consistency (we just completed and adopted our updated Plan) Provide executive coaching and leadership Provide advice to City Management and City Council All matters pertaining to discipline, hiring, evaluations, etc. are not part of the scope of work and will be handled by the two Planning Managers. From: Rob Mullane [mailto:rmullane@gmail.com] Sent: Monday, December 04, 2017 2:08 PM To: Graham, Antonia Cc: Halley Moore Subject: Community Development Department Organizational Assessment Antonia: Thank you for your time earlier today. HR & Associates would be pleased to submit a proposal for the organizational assessment for the City's Community Development Department. My work experience includes serving as a Community Development Director for the cities of Ojai and Carmel -by -the -Sea as well as serving as the Public Works Director for Carmel -by -the -Sea. This makes our firm uniquely well qualified for this assignment. You indicated that you had some more information about the scope of work, and you may send that along to this email address. I am copying my business partner: Dr. Halley Moore. We look forward to reviewing the materials and submitting a proposal. Thank you. Rob Mullane, MS, AICP HR & Associates 1446 Spring Street, Suite #205 Paso Robles, CA 93446 December 7, 2017 City of Huntington Beach City Manager's Office Attn: Antonia Graham 2000 Main Street Huntington Beach, CA 92648 Re: Proposal for Interim Community Development Director Services and an Organizational Assessment of the Community Development Department Dear Ms. Graham: We are pleased to provide this proposal to assist the City of Huntington Beach with interim Community Development Director services including an organizational assessment of the department. Our firm: HR & Associates specializes in organizational assessments, performance management, executive coaching, and process improvements to enable public agencies to more efficiently and effectively serve their constituents, including applicants, decision -makers, and the public. We also provide assistance with team building and strategic planning to foster a more harmonious and professional workplace environment and to ensure high levels of customer service for all involved in the development review process. We are uniquely qualified for this assignment. Staffing for the assignment will include our firm's two principals and co-founders: Mr. Rob Mullane, AICP, and Dr. Halley Moore. Mr. Mullane has extensive experience in community development issues, having served as a senior planner with the County of Santa Barbara and the City of Goleta, and as a department director for the City of Ojai and the City of Carmel -by -the -Sea. In Carmel, Mr. Mullane served at the department director level in two capacities: as the Planning and Building Director and subsequently as the Public Works Director. He has been responsible for evaluating and improving upon the departmental operations, Phone: 805.227.4359 ~ Fax: 805.369-2281 hrandassociates. ora (immediate, near -term, longer -term, and on -going) and summarized in a brief memorandum for City Management. The results of the organizational assessment will be presented to City Management, and if desired, to the Community Development Department staff or management staff. It is our understanding that a more detailed Organizational Assessment report of the Department is not a part of the City's current request; however, we would be available to discuss the scope and format for this report, if desired by the City during the term of the assignment. Mr. Mullane's role will provide these services within the scope of the 30 hour/week assignment. Dr. Moore will be brought in to assist with executive coaching and leadership needs, as well as the data collection, interviews, and findings for the organizational assessment. Clerical staff with HR 8s Associates will provide support for contract administration, and specific tasks such as the survey and data collection components of the organizational assessment. The City has indicated that the many of the main operational needs of the department (i.e., staffing the Planning Commission and other advisory boards, hiring, staff evaluations, etc.) will be covered by the Department's Planning Managers. Cost Estimate and Term of the Assignment Our proposed cost for this assignment is $135,180, which includes all labor, materials, and other costs (travel, mileage, etc.). This assumes a project duration of approximately 16 weeks to enable the City to recruit a full-time Community Development Director. Should the City's desired duration for the assignment exceed 16 weeks, we would be able to discuss extending the duration of the assignment. A table providing a more detailed break -down of the cost estimate is attached. Our resumes are also enclosed. Should you have any questions or need any additional information, you may reach us directly at rmullanet4 gmail.com or 805.350.3282, or drhalleymoore(d?gniail.com or 805.458.6351. We look forward to assisting the City of Huntington Beach with this important assignment. Thank you for your consideration. Sincerely, Robert A. Mullane, MS, AICP, Principal Halley M. Moore, PhD, Principal HR & Associates 1446 Spring Street, Suite #205, Paso Robles, CA 93446 Phone: 805.227.4359 ~ Fax: 805.369-2281 hrandassociates. ora City of Huntington Beach Interim Community Development Director and O HR & Associates Cost Estimate iERVICES AND TASKS Task 1: Interim Community Development Director (CDD) Assistance 1.1 Interim CDD (assumes 16 weeks of service at 30 hours/week) 1.2 Guidance and Management of Zoning Code Update (included in Task 1.1) 1.3 Executive Coaching and Leadership (Mr. Mullane's hours included in Task 1.1) 1.4 Advice to City Management and Council (included in Task 1.1) Task 2: Organizational Assessment of the Community Development Department 2.1 Data Collection and Interviews (Mr. Mullane's hours included in Task 1.1) 2.2 Organizational Assessment (Mr. Mullane's hours included in Task 1.1) 2.3 Presentation to City Management and Department (Mr. Mullane's hours in Task 1.1) Task 3: Contract Administration 3.1 Contract Administration 480 480 $ 91,200 32 12 44 $ 7,760 24 20 44 $ 6,480 36 12 48 $ 8,640 8 8 $ 1,760 12 1 6 1 10 1 28 11 $ 4,200 1 Halley Moore, PhD, Principal HR & Associates 1446 Spring Street, Suite 205 Paso Robles, CA 93446 Phone: (805) 458-6351 Email: drhalleymooreggmail.com www. hrandassociates. corn WORK HISTORY: Principal and Co -Owner — HR & Associates, Paso Robles, CA 2017 to present • Co -Founder and Co -Owner of Consulting Firm specializing in public and private sector organizational assessments, management evaluations, process improvements, performance management, strategic planning, and team building Licensed Clinical Psychologist — SLO County Family Business Solutions, Paso Robles, CA 2014 to present • Principal and Owner of private practice specializing in resolving role conflicts for large family -owned businesses • Personal/Executive Coach, Skilled Psychological Diagnostician, Psychotherapist, Professional Consultant • Utlilize psychological testing, survey instruments and interpretation, interviews, and data analysis, and other organizational assessment tools to assess and resolve problems within businesses owned by ranching and mineral interest -affiliated families in Monterey and San Luis Obispo Counties • Use extensive understanding of human behavior to assess complex aspects of organizations, organizational behavior, and individual and group dynamics in the workplace Executive Life Coach/Independent Consultant — San Luis Obispo County, CA 2006 to 2012 • Provided life coaching for individuals, couples, and families often in management of large organizations and/or local business owners • Consulted clients desiring advice, practical tools, and coping skills for complex daily life issues like stress management and self-confidence related to family and career/business dynamics • Assisted individuals through guidance and counsel on ways to best approach teamwork through better understanding of cultural, personality, and individual differences in work and home life relationships EDUCATION: California Polytechnic State University San Luis Obispo — Bachelor of Science, Psychology; Minor in Polical Science Walden University — Master of Science, Clinicial Psychology Walden University — Doctorate Degree (PhD), Clinical Psychology COMMUNITY SERVICE AND OTHER RELEVANT EXPERIENCE: Central Coast Psychological Association: Government Affairs Chair — 2014-2015 California Psychological Association: CPAGS Member — 2012-2016 American Psychological Association: APAGS Member — 2012-2016 Special Olympics: Paso Robles Annual Volunteer — Various Years Big Brother's & Big Sister's of America: Fresno Annual Volunteer — Various Years Golden Key Int. Honor Society: Cal Poly Alumni- San Luis Obispo — 2004 to present PROFESSIONAL LICENSING AND CERTIFICATIONS: CA Board Licensed Clinical Psychologist: PSY26358 CA Real Estate Broker License: 01717883 Burris Executive Lifecoach Certification (CSRC-Certified Subconscious Restructuring Coach) — 2006 to present National Health Services Corps Ambassador (NHSC) for Government Student Loan Repayment Program — 2013 to present Rob Mullane, MS, AICP, Principal HR & Associates 1446 Spring Street, Suite 205 Paso Robles, CA 93446 Phone: (805) 350-3282 Email: rmullaneg,gmail.com www. hrandassociates. orb WORK HISTORY: Principal and Co -Owner — HR & Associates, Paso Robles, CA 2017 to present • Co -Founder and Co -Owner of Consulting Firm specializing in public and private sector organizational assessments, management evaluations, process improvements, performance management, strategic planning, and team building Public Works Director — City of Carmel -by -the -Sea 2015 to 2017 • Department Director responsible for Public Works, Forestry, Parks, Capital Improvements Program (CIP), and Facilities Maintenance functions • Led staff of 21.0 FTE, Operational Budget of $3.OM, and CIP Budget of $3.9M • Supported staff liaison to Forest & Beach Commission • Managed the City's Storm -Water Management Compliance Program and represented the City on the Monterey Regional Storm -Water Management Program Committee Community Planning and Building Director — City of Carmel -by -the -Sea 2013 to 2015 • Department Director responsible for a staff of 10 (9.25 FTE) providing Planning, Building & Safety, and Code Compliance functions • Assisted Advanced Planning team in the development of the City's first General Plan, including lead role or major contributions on three of the nine General Plan elements • Organizer and Chair of City's inter -departmental Development Review Committee • Manager of Santa Barbara County Energy Division contract for consulting services and environmental review Planner III — County of Santa Barbara Planning and Development Department 2001 to 2003 • Responsible for permitting, environmental review, and condition compliance of high - priority energy projects (Energy Division) and development projects (Development Review -South Division) • Chair of inter -departmental committees: Systems Safety Reliability & Review Committee and Permit Compliance Committee Coastal Processes Extension Agent — University of Hawaii Sea Grant 1996 to 2001 • Technical Advisor to Maui County, Hawaii State, and the U.S.-affiliated Pacific Islands on coastal zone management and coastal -related planning issues, including beach erosion, coastal engineering, and hazard mitigation • Authored, presented, and implemented beach management plans for Maui County • Organized, staffed, and chaired two national conferences on beach preservation/coastal hazards EDUCATION: Duke University — Bachelor of Science, Geology University of Hawaii at Manoa — Master of Science, Geology and Geophysics COMMUNITY SERVICE AND OTHER RELEVANT EXPERIENCE: Guadalupe-Nipomo Dunes Center: Board of Directors — 2010 to 2012 City of Buellton Planning Commission: Commissioner — 2005 to 2007 City of Buellton Parks and Recreation Commission: Vice Chair — 2004 to 2005 PROFESSIONAL AFFILIATIONS AND CERTIFICATIONS: American Planning Association (APA) American Institute of Certified Planners (AICP): Certified Planner No. 025377 American Public Works Association (APWA) Management���� Partners December 4, 2017 Mr. Fred Wilson, City Manager City of Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Wilson: Thank you for the opportunity to submit a proposal to provide expert community development consulting assistance to the City of Huntington Beach. Management Partners has the expertise and skills necessary to provide this assistance and we would be pleased to do so. About Management Partners Management Partners was founded in 1994 with a specific mission to help local government leaders improve their service to the public. We are a national consulting firm with offices in Costa Mesa and San Jose, California and Cincinnati, Ohio. We have a well -established track record of helping public sector organizations throughout the United States, including all of the services provided by cities, counties, towns and special districts at the local level. During our more than 20 years of service, we have earned a national reputation by delivering quality, actionable work products to our clients. We bring extensive experience to this project, along with first-hand knowledge of local government operations. We are distinguished by the fact that each team we assign is led and staffed by associates who have actual experience in direct public service and experience working together as a team. The work we do is not an academic exercise; it is grounded in the real world of customer service and accomplishment in the public sector. As a result, we have a bias for producing value-added work for each client that will be actionable, and will be implemented. The firm is staffed with about 80 professionals who are experienced public service managers as well as qualified management consultants. This group includes generalists as well as subject - matter experts. Our consultants have years of experience working in all aspects of local government management and have built a track record of extraordinary quality service for our clients. 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 8615400 • FAx 513 8613480 MANAGE M ENTPARTN ERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191 3152 RED HILL AVENUE, SUITE 210 0 COSTA MESA, CALIFORNIA 92626 • 949 222 1082 • FAx 408 453 6191 Mr. Fred Wilson Page 3 Understanding of the Engagement The City has need for expert consulting, project management assistance and organizational analysis of the Community Development Department as well as for a variety of community development projects and initiatives. The following scope of work describes the expert consulting services desired from Management Partners. Conduct an organizational assessment of Community Development Department and provide recommendations; Provide project management for an update to the Zoning Code for General Plan consistency; Provide executive coaching/professional development assistance to Community Development staff; Provide expert advice to City management, commissions and Council; and, Provide other project management services as needed. Matters pertaining to personnel, such as discipline, hiring, or evaluations, are not part of the scope or work, nor are execution of contracts or other written documents obligating the City. All such items will be the responsibility of the City Manager or his designee. Specific days and times will be established to meet the needs of the City at Management Partners' discretion. Our lead consultant and other Management Partners' team members will provide additional on site or off -site hours on an as -needed basis to ensure we meet the City's needs regarding project deadlines. Our consultants will determine the method and manner of carrying out the work, including when other experts from the firm are needed to assist with a project. Consultants We have a team of experts available for this engagement. Our consultants work for and at the direction of Management Partners. We will assign Susan Emery as our lead consultant on this engagement. Her qualifications are shown below. Other Management Partners consultants will be assigned on an as needed basis, within the budget specified by the contract, and with authorization by the City. Our commitment is to provide high quality project assistance to the City of Huntington Beach. Susan Emery and all consultants report to Andrew Belknap, Regional Vice President of Management Partners. Additionally, our consultants are part of our overall team and are engaged on other assignments for the firm. Management Partners will provide periodic reports to the City of Huntington Beach summarizing the assistance our firm has provided. Management Partners provides all insurance (including workers compensation, liability and professional errors and omissions), training and administrative support (including company equipment such as phones and computers) as necessary during the assignment. MA Mr. Fred Wilson Page 5 Susan was the President of the Planning Directors of Orange County in 2016 and has served in leadership roles in local community organizations. She holds an undergraduate degree in political science from California State University Long Beach and a masters in public administration from California State University Fullerton. Fee Proposal and Term of Engagement We propose a not -to -exceed contract in the amount of $65,000. Management Partners will provide management consulting services at an hourly rate plus mileage. During this engagement, the actual consultant hours will be paid by the City of Huntington Beach at a rate of $130 per hour plus mileage for our lead consultant, Susan Emery. This hourly rate for Susan is a discounted rate in recognition of the anticipated duration of this project. Other consultants will be provided at their regular hourly rates plus travel expenses, ranging from $75 to $250 per hour depending on the individual assigned to the project. Conclusion We appreciate the opportunity to be of assistance to the City of Huntington Beach. Please feel free to contact either Jan Perkins (949-202-8870) or me if you have any questions about this proposal. Sincerely, Z-AV4�-�� Gerald E. Newfarmer Accepted for City of Huntington Beach by: Name: Title: Date: ft; PROPOSAL TO THE City of Huntington Beach 1901:1 Consulting Services for Interim Community Development Director PREPARED BY CSG Consultants, Inc. November 30, 2017 Project Contact: John P. Ramirez, AICP, Vice President, Planning Services 3707 W. Garden Grove Boulevard I Suite 100 1 Orange, CA 92868 Phone (714) 568-1010 • Fax (714) 568-1028 • www.csgengr.com Foster City • Sacramento • Orange • Newman • Pleasanton • San Jose CITY OF HUNTINGTON BEACH INTERIM COMMUNITY DEVELOPMENT DIRECTOR Cover Letter Antonia Graham Assistant to the City Manager City Manager's Office City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Re: Interim Community Development Director CONSULTANTS CSG Consultants, Inc. (CSG) is pleased to present this brief proposal for Interim Director of Community Development services and Planning services to the City of Huntington Beach (City). Our firm brings specialized expertise, proximity and knowledgeable, highly experienced staff. For 26 years, CSG has worked solely for public agencies, providing a variety of municipal services. We currently furnish planning, building and safety, public works, fire prevention, code enforcement and other services to over 160 municipalities throughout the State of California. CSG has served as the contract planning department for municipalities, providing all services necessary for a functioning Planning and Community Development Department. CSG can readily provide the City's requested planning services with the staff identified in this proposal, and no subconsultants will be used for these services. John P. Ramirez, AICP, will serve as the main point of contact and service provider forthis contract. Mr. Ramirez brings expertise in current planning, contract management, building, economic development and CEQA—from over 16 years of increasingly complex land use planning and project management experience in Orange County. Mr. Ramirez's contact information is as follows: John P. Ramirez, AICP (714) 568-1010 Office 1 (562) 818-6719 Mobile iohnramirez@csgengr. com As President of CSG Consultants, I am authorized to bind the company and execute a contract with the City should CSG be awarded the project. We greatly look forward to the opportunity to this service for your City. Sincerely, yr s Kianpour, PE President, CSG Consultants, Inc. 3707 W. Garden Grove Blvd I Suite 100 1 Orange, CA 92868 phone (714) 568-1010 1 fax (714) 568-1028 1 www.csgengr.com CSG CONSULTANTS, INC. CITY OF HUNTINGTON BEACH INTERIM COMMUNITY DEVELOPMENT DIRECTOR Understanding & Approach PROJECT UNDERSTANDING CONWLTA CSG understands the City's current planning needs to include an Interim Community Development Director for 30 hours per week and additional hours for Planning Commission meetings, and, if needed, council meetings. CSG's services will adhere to the highest level of customer service. CSG staff will be present at City Hall and hold regular office hours as required by City staff. CSG's Interim Community Development Director will direct and oversee the City's planning and building department including the activities of advance planning and zoning, code enforcement, permit and plan checking, and building inspection services. CSG's Interim Community Development Director will plan, supervise, and engage in the compilation, analysis, and interpretation of data affecting community planning; act as the administrative official to the Planning Commission, the City Council, and other City officials on problems related to municipal planning; under adopted polices, administer the program, activities, and functions of the Planning Department; maintain liaison with other City departments and assist in coordinating their activities in the planning field; confer with civic groups and participate in planning conferences; supervise the administration of the zoning, subdivision, and other pertinent ordinances; organize and conduct planning studies; formulate and recommend programs for the physical development of the City and its environments; select and train staff personnel; prepare departmental budget estimates and direct departmental activities in accordance with the approval budget; write comprehensive reports; speak to public gatherings; negotiate with developers; ex-officio member of the Planning Commission. CSG's Interim Community Development Director will also plan and organize workloads and staff assignments; provide leadership and direction in the development of short and long range plans; attend and participate in meetings and conferences with public agencies' public officials, citizens, and professional groups; provide professional advice to City officials and make presentations to the City Council, civic groups and the general public when needed. CSG CONSULTANTS, INC. JQ-k,�, R RamIMZ7 A10P V �,rre, P r e,s��&e wf-, P bo.vL vL, ,wg S e r v-�,c�t%y Mr. Ramirez serves as a Vice President of Planning Services for CSG Consultants. To this EDUCATION role, he brings expertise in current planning, contract management, building, economic Masters, Urban and Regional Planning development and CEQA —from over 17 years of increasingly complex land use planning and University of California i Irvine, (A project management experience in Orange County. Mr. Ramirez oversees staff performing a variety of planning, building and engineering services in over 35 cities in Southern Bachelor of Arts, Social Ecology, California. He provides staff with guidance for development review and entitlement Cumlaude services, CEQA compliance, plan check, design evaluation and general planning policy. University of California I Irvine, (A As Vice President, Mr. Ramirez plays a major role in CSG's corporate management, including PROFESSIONAL AFFILIATIONS strategic planning, the review and creation of company policies and procedures, business American Planning Association development, marketing, resource allocation and other vital company -operations. Orange County (hapter prior to joining CSG, Mr. Ramirez served as a planning consultant to the City of Huntington Merit Award Recipient for (ity of Anaheim Business Beach and as a Principal Planner at the City of Anaheim and as Interim Planning & Assistance Program 1 2014 Community Development Director for the City of Hawthorne. California Association for Local Economic Development Orange (ounty Economic Development Working Group RELEVANT EXPERIENCE PrincipalIML) Resources, LLC As a consulting Planner to the City of Huntington Beach, Mr. Ramirez provided staff planning services for entitlement review, code compliance/plan checking, coastal development, design evaluation, EIR contract management, and CEQA compliance. While at the City of Huntington Beach, Mr. Ramirez engaged in research, prepared, and presented reports on a wide variety of planning projects and issues; developed recommendations on planning or land development topics based on research findings, field observations, and public contact; applied federal, state and local laws, ordinances, regulations, and policies related to municipal planning and land development; addressed and mediated competing interests; interacted effectively with City staff, City Council, Commissioners, the general public, consultants, land developers and representatives from public and private agencies; contributed to the success of the City's planning effort as a team member; and represented the Planning Division at various meetings, for example: Planning Commission, City Council, advisory board, and neighborhood meetings. Principal Planner, Business Assistance & Enterprise Zone Manager I City of Anaheim, CA Over a 13-year period, Mr. Ramirez worked in positions of increasing responsibility for the City of Anaheim. His work included management and supervision, planning and economic development program development and implementation, as well as contract management and negotiation. He also directed and supervised operations of the Planning/Permit Services Team, including Enterprise Zone, Business Assistance Program, and Public Counter/Administrative Permit processing operations. General planning responsibilities included processing planning applications for development agreements, final site plans, subdivisions, variances, and conditional use permits; preparing documents and reports for the City's Zoning Administrator, Planning Commission, and City Council; and administering and managing environmental reviews, including the preparation of initial studies, mitigated negative declarations and mitigation monitoring programs. REFERENCES Our track record of success with our clients is outstanding and we encourage the City to contact our references with any questions it might require. The following references are similar for which Mr. Ramirez has provided similar planning services as those requested by the City of Huntington Beach. City of Hawthorne Role: Interim Community Development Arnie Shadbehr, Interim City Manager Director 4455 West 126th Street Hawthorne CA 90250 310-349-2901 ashadbehr@cityofhawthorne.org City of El Segundo Role: Management of CSG staff for Gregg McClain, Planning Manager planning and entitlement services. 350 Main Street El Segundo CA 90245 Gmcclain@elsegundo.org 310-524-2300 Specific projects for which Mr. Ramirez was responsible included managing a multi -million dollar, multi -year contract for the Anaheim Enterprise Zone; managing relationships with key community partners (Disney, The Lab, Anaheim Ducks and Anaheim Angels); and facilitating multi -departmental coordination for major commercial, resort and residential development projects (14-story timeshare, hotels, high -density mixed -use projects, a regional hospital, National Hockey League and Major League Baseball venues, and theme park expansion). Interim Planning & Community Development Director I C i ty o f H awt h o r n e, C A While serving as the City of Hawthorne's Interim Planning & Community Development Director, Mr. Ramirez oversaw the operations of the Planning Department and Code Enforcement operations, and successfully processed several Zoning Text Amendments, including: the addition of a Brewery Ordinance to facilitate the establishment of breweries within the City; a Billboard Overlay Zone and Billboard Agreement process to enable the relocation and elimination of blighted billboards within the City; an update to the City's Massage Ordinance for compliance with State Law; an update to the City's zoning regulations related to parking, setbacks and project size related to mixed use and high density housing; as well as several other code related amendments to clarify language, eliminate inconsistencies and improve planning processes within the City. Currently Mr. Ramirez serves on an as -needed basis for priority projects within the City. CITY OF HUNTINGTON BEACH INTERIM COMMUNITY DEVELOPMENT DIRECTOR Fee Schedule CSG's fee schedule for proposed work is provided in the table below. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. FEE SCHEDULE Vice President, Planning Services $140 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.5x the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI-W for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. CSG CONSULTANTS, INC.