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HomeMy WebLinkAbout05.G- Human Resources RESOLUTION (ID# 1881) DOC ID: 1881 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Linn Livingston M/CC Meeting Date: 06/04/2012 Prepared by: Linda Wynn, (909) 384-5161 Dept: Human Resources Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Consultant Services. Financial Impact: Account Numbers: 001-090-0053-5502; 001-400-0025-5502; 001-400-0088-5505 Total Amount Not to Exceed: $150,000 Motion: Adopt Resolution. Synopsis of Previous Council Action: None. Background: Urban Futures Incorporated(UFI) is a full-service consulting firm serving public agencies solely in the State of California. UFI has proposed to provide the City with Interim Director of Public Works services, as well as financial consulting services. Financial services of UFI are needed as a result of current economic conditions, the delayed budget process, the delayed completion of the audit, implementation of the new financial software solution, ABXI 26 wind-down of the RDA/EDA, and the recent retirement of the Director of Finance. The financial consulting services will be charged at the hourly rate of$225. It is also desired for UFI to provide consultant services through James L. Smith as the City's Interim Director of Public Works during the recruitment process. Mr. Smith has 28 years of public works experience and is the former Director of Public Works for the City of Indio. Mr. Smith will be paid a flat rate of$16,000 per month, with no benefits. The services provided by Mr. Smith will be required until December 31, 2012, or until the hiring of a Director of Public Works,whichever comes first. City Attorney Review: Supporting Documents: Reso.Consultant Services Agrmt.UFI 6-4-12(DOC) CW i V11/InI I h"i i�d. q�A'NM Page t 1881 Consultant Services Agreement.Urban Futures Inc. (DOCX) San Bernardino Proposal Contract Staffing Services (Exhibit"A"to Agreement with Urban Futures) (PDF) TT.J.,.-A- 4n1lIni o h.,r a.,as s,,th—I A Pace 2 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF n SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT $ 3 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES. 0 4 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY a 5 m OF SAN BERNARDINO AS FOLLOWS: n 6 SECTION 1. The Acting City Manager of the City of San Bernardino is hereby d 7 m s authorized and directed to execute on behalf of said City a Consultant Services Agreement 2 9 between Urban Futures Incorporated (UFI) and the City of San Bernardino for consultant 10 services, a copy of which is attached hereto marked Exhibit"A" and incorporated herein by N c m 11 reference as fully as though set forth at length. c 12 SECTION 2. The Purchasing Manager is hereby authorized to issue a Purchase Order to ro) 13 Urban Futures Incorporated for consultant services for a total amount not to exceed$200,000. m O14 SECTION 3. The authorization granted hereunder shall expire and be void and of no c 0 15 further effect if the agreement is not executed by both parties and returned to the Office of the 16 � City Clerk within sixty(60) days following the effective date of the Resolution. 17 18 19 4 20 21 c 22 m c 23 U 6 24 c 25 /// E 0 x t 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT 2 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND e THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES. 0 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, LL 5 held on the day of 2012,by the following vote,to wit: a 6 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 7 E 8 MARQUEZ m Q JENKINS w 9 VALDIVIA 2 i d 10 SHORETT w c m 11 KELLEY 12 JOHNSON MC CAMMACK t/^ 13 w v 14 Georgeann Hanna,City Clerk u 15 N The foregoing Resolution is hereby approved this of 12012. 16 N 17 Patrick J. Morris,Mayor 18 City of San Bernardino Approved as to form: € 19 Q JAMES F. PENMAN, m 20 City Attorney u 21 By: c 22 'S N C 23 U 6 24 c 25 E L V �.r Q 2 MIME 5.G.b `.f's CONSULTANT SERVICES AGREEMENT a v M 0 THIS AGREEMENT is made and entered into this _day of 2012 a ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city("CITY"), and URBAN FUTURES,INC. ("CONSULTANT"). m WITNESSETH : LL c m A. WHEREAS, CITY proposes to have CONSULTANT perform the services a described herein below; and c m B. WHEREAS, CONSULTANT represents that it has that degree of specialized E expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and N d C. WHEREAS, CITY and CONSULTANT desire to contract for an Interim Public Works Director and Related Financial Consulting as described in the Scope of Services, attached n hereto as Exhibit"A"; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this 0 Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the parties hereby agree as follows: c N d 1.0. SERVICES PROVIDED BY CONSULTANT LL 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall @ provide the professional services described in the Scope of Services attached hereto as Exhibit"A" a and incorporated herein by this reference. If a conflict arises between the Scope of Services and this Professional Services Agreement(hereinafter"Agreement"),the terms of the Agreement shall E govern. L m 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a v manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional y practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect m CONSULTANT's performance of this Agreement. CONSULTANT further represents that no 0 CITY employee will provide any services under this Agreement. C:\D000MENTS AND SETTINGS\SANCHEZ_SA\LOCAL E SETTINGS\TEMP\MR4 ETRAQ\SANBERNARDiNocrrYCAQ SANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTS\303 /�, 6.DOCX S.G.b 1.3. warranty. CONSULTANT warrants that it shall perform the services required by d this Agreement in compliance with all applicable Federal and California employment laws m`o including,but not limited to,those laws related to minimum hours and wages;occupational health a and safety; fair employment and employment practices; workers' compensation insurance and U safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands,payments, suits,actions,proceedings, and judgments LL of every nature and description including reasonable attorneys' fees and costs,presented,brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned M laws, arising from or related to CONSULTANT's performance under this Agreement. c d 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not m engage in,nor permit its officers,employees or agents to engage in,discrimination in employment of persons because of their race, religion, color,national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. y c 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter ° into agreements with other consultants for services similar to the services that are subject to this m Agreement or may have its own employees perform services similar to those services c0 _ contemplated by this Agreement. 1.6. Deleeation and Assignment. This is a personal service contract,and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's 9 sole cost and expense. LL c m 1.7 Conflicts of Interest. During the term of this Agreement,CONSULTANT shall at a all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. m d m 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the H term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the v City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,' insurance and approvals of whatever nature that are legally required of CONSULTANT to practice " its profession, skill or business. A m 2.0. COMPENSATION AND BILLING o U C d CADOCUMENTS AND SETTINGS\SANCHEZ SA\LOCAL E SETTINGS\TEMP\MINUTETRAQ\SANBERNARDMOCITYCAQa SANBERNARDINOCrrYCA.IQM2.COM\WORK\ATTACHMENTS\303 ® 6.DOCX 2 Q c e g.37 S.G.b 2.1. Compensati on. Interim Public Works Director services shall be compensated at $16,000 per month for 144 hours per month. Financial Consulting Services shall be compensated w at an hourly rate of$225.00 on an as needed basis. In no event shall the total amount paid to `o CONSULTANT exceed$150,000. 0 U C 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the Scope of Services unless the CITY, prior to CONSULTANT performing the additional services,approves such additional services in writing. It is specifically a understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 9 2.3. Method of Billine. CONSULTANT may submit invoices to CITY for approval. d Said invoice shall be based on the total of all CONSULTANT's services which have been E completed to CITY's sole satisfaction.CITY shall pay CONSULTANT's invoice within forty-five v (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall .2 identify the number of the authorized change order,where applicable, on all invoices. n c 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient rimes for a 0 period of three (3) years from the Effective Date. 3.0. TERM AND NOTIFICATION. U C 3.1. Term. This Agreement shall commence on the Effective Date and continue through December 31,2012,unless the Agreement is previously terminated as provided for herein. g LL 3.2 Termination. CITY or CONSULTANT may terminate the services provided m under Section 1.1 of this Agreement upon thirty(30)days written notice to the other party. In the a event of termination, CONSULTANT shall be paid the reasonable value of services rendered to c the date of termination. E m v 3.3 Documents. In the event of termination of this Agreement, all documents a prepared by CONSULTANT in its performance of this Agreement shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. u Any use of uncompleted documents without specific written authorization from CONSULTANT d shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0. INSURANCE { c o 4.1. Minimum Scone and Limits of Insurance. CONSULTANT shall obtain and L) c SS COMMENTS AND SETTINGS\SANCHEZ_SAU.00AL E SETTINGS\TEMP\MN=TRAQ%ANBERNARDINOCI TYCAQSANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTS\303 6.Ixx X 3 Q et Pg. 38 5.G.b maintain during the term of this Agreement all of the following insurance coverages: v (a) Commercial general liability, including premises-operations, A`o products/completed operations, broad form property damage, blanket a contractual liability, independent contractors, personal injury with a policy U limit of not less than One Million Dollars($1,000,000.00),combined single y m limits,per occurrence and aggregate. 5 LL (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), a combined single limits,per occurrence and aggregate. c d (c) Workers' compensation insurance as required by the State of California. E v 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and n appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." m c (b) Notice: "Said policy shall not terminate,nor shall it be materially changed 0 or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided "w by this policy." 5 LL 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above,in a form a and content approved by CITY,prior to performing any services under this Agreement. c E 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement,or the extent to which CONSULTANT a may be held responsible for payments of damages to persons or property. v U 5.0. GENERAL PROVISIONS d v1 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the m parties with respect to any matter referenced herein and supersedes any and all other prior writings N and oral negotiations. This Agreement maybe modified only in writing,and signed by the parties `o in interest at the time of such modification. The terms of this Agreement shall prevail over any 0 c m C1D000MENTS AND SETTINGS\SANCHEZ SATOCAL E SETTINGS\TEMP\M INUTETRAQ\SANBERNA RDINOCrrYCA QSANBERNARDPIOCITYCA.IQM2.COM\WORK\ATTACHMENTS'303 6.DOCX 4 Q Packet Pg.39 ' S.G.b inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. n R O 5.2. Notices. Any notices, documents, correspondence or other communications ° concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile u or mail and shall be addressed asset forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in LL the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. a IF TO CONSULTANT: IF TO CITY: w E d Urban Futures, Inc. City Manager d 3111 North Tustin, Suite 230 300 North"D" Street Orange, CA 92865 San Bernardino,CA 92418 Telephone: (714)283-9334 Telephone: (909) 384-5122 Facsimile: (714) 283-8963 Facsimile: (909) 384-5138 y 5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all c0 costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys'fees" for the purposes of this Agreement. 5 5.4. Governing Law. This Agreement shall be governed by and construed under the a laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto 9 agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San c Bernardino County, California. £ E d 5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, rn transfer,sublet or encumber all or any part of CONSULTANT's interest in this Agreement without N CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance v shall be void and shall constitute a breach of this Agreement and cause for termination of this m Agreement. Regardless of CITY's consent, no subletting or assignment shall release n CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed R by CONSULTANT hereunder for the term of this Agreement. y 0 0 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, c d C:\DOCUMENTS AND SETTINGS\SANCHEZ SA\I.00AL E SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCITYCA @SANBERNARDINOCrrYCA.IQM2.COM\W ORK4ATTACHMENTS\303 ® 6.DOCX s a Packet Pg.40 indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, d administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, o damage to property or injuries to or death of any person or persons or damages of any nature a including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused m solely by the CITY's negligence. LL 5.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement,is and shall be acting at all times as an independent contractor and not as an agent a or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social w Security, State Disability Insurance Compensation, Unemployment Compensation, and other E payroll deductions for CONSULTANT and its officers, agents, and employees, and all business m licenses, if any are required, in connection with the services to be performed hereunder. Neither a CONSULTANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' .2 compensation insurance, unemployment compensation, medical insurance, life insurance, paid n vacations,paid holidays,pension, profit sharing or social security on account of CONSULTANT g and its officers', agents' and employees'work for the CITY. This Agreement does not create the M relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 0 5.8 Conflict of Interest Disclosure:CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"),which(1)requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2)prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. LL CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. a 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT,when requested,shall famish clarification and/or d explanation as may be required by the CITY's representative, regarding any services rendered a under this Agreement at no additional cost to CITY. In the event that an error or omission w attributable to CONSULTANT occurs,then CONSULTANT shall,at no cost to CITY,provide all v other CONSULTANT professional services necessary to rectify and correct the matter to the sole v satisfaction of CITY and to participate in any meeting required with regard to the correction. n c m 5.10. Prohibited Employment. CONSULTANT shall not employ any current employee w of CITY to perform the work under this Agreement while this Agreement is in effect. `o U c v CADOCUMENTS AND SETTINGS\SANCHEZ SA\IACAL E SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCrrYCAQ SANBERNARDAIOCrrYCA.IQM2.COM\WORKWTTACHMENTSU03 O 6.DOCX 6 Q Packet Pg.41 5.G.b 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as m expressly provided herein. `o 0 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. LL C 5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are a included solely for convenience and are not intended to modify,explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of w this Agreement. E d 5.14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. U 5.15. Waiver. The delay or failure of either party at any time to require performance or m compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy 0 with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. 5.16. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the g offending provision in any other circumstance, and the remaining provisions of this Agreement LL shall remain in full force and effect. `n a 5.17. Counterparts: This Agreement may be executed in one or more counterparts,each of which shall be deemed an original. All counterparts shall be construed together and shall E constitute one agreement. m m 5.18. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and v that by doing so,the parties hereto are formally bound to the provisions of this Agreement. �'� 5 o U c v CADOCUMENTS AND SETTINGS\SANCHEZ SA\LOCAL E SETTINGS\TEMP\M INUTETRAQ\SANBERNARDINOCrrYCA@ SANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTS\303 u 6.DOCX .a.. Packet Pg.42 v d m `o a `o U C N d J LL C R a c d E d d rn N d U d N c R N C O U m U C N d LL C R a 7 C d E d d O) a N d U d N G R N C O U C d C:ADOCUMENTS AND SETTINGS\SANCHEZ_SAALOCAL E SETTINGS\TEMP\MINUTETRAQ\SANBERNARDI NOCITYCA@ SANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTSU03 u 6.DOCX R 8 Q Packet Pg. 43 S.G.b IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and v C through their respective authorized officers, as of the date first above written. v R 0 CITY OF SAN BERNARDINO, CONSULTANT ° A Municipal Corporation U N d J J LL Andrea Travis-Miller,Acting City Manager Signature a a Name and Title c d E v v ATTEST: N U U Georgeann"Gigi"Hanna, City Clerk n 1= m I � c APPROVED AS TO FORM: 0 i JAMES F. PENMAN, City Attorney ti c N d J J I LL j c m n c E E I m m m a v U d y C N J N c O U c v CADOCUMENTS AND SETTINGS\.SANCHEZ SA\LOCAL E SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCn YCAQ SANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTS\303 u /.� 6.DOCX ,�., 9 Q � ; acket Pg.44 City of San Bernardino 2 d c m Proposal to Provide Interim Public Works Director and Related Financial Consulting Services N d f R J LL 1 - m d E d d o Q a L W_ w d u m y m c m N U A C O U m w O a 0 a` 0 c Prepared by: v A c ® URBAN FUTURES Incorporated m c m N C d E t u m a PacketPg.45 5.G.c N d U d M C A Proposal to Provide Interim Public Works Director and Related Financial Consulting Services N d J LL C A a 7 t 3 C d E v v rn Submitted By: S a a ® URBAN FUTURES Incorporated w N v U d Urban Futures, Inc. N rn c Corporate Office A w 3111 North Tustin, Suite 230 Orange, CA 92865 E Phone: (714) 283-9334 0 Fax: (714) 283-8963 w 0 a Northern California Office 0 a 1470 Maria Lane, Suite 315 0 Walnut Creek, CA 94596 Phone: (925) 478-7450 c Fax: (925) 478-7967 m c N n www.urbanfuturesinc.com C d E © L U Q S.G-c ® URBAN FUTURES Incorporated d CJz May 14, 2012 y c n Jason Simpson c Finance Director v City of San Bernardino 300 North°D"Street m San Bernardino, CA 92418 N d J Subject: Proposal for Interim Public Works Director and Related Financial Consulting Services m a Dear Mr. Simpson: 3 Urban Futures Inc. (UFI) is pleased to submit this proposal to provide interim public works director staffing d and consulting services. As a full service municipal consulting firm, UFI possesses the knowledge, staff, d and successful track record in providing the specific services required by the City of San Bernardino. Few rn firms are able to provide the variety of services offered by UFI, while simultaneously ensuring the highest o quality product at the lowest possible cost to the City. a �J We look forward to the opportunity to work the City of San Bernardino. If you have any questions, please 'n V contact me at(714) 283-9334 or MichaelB @UrbanFutureslnc.com. w I N Sincerely, URBAN FUTURES INCORPORATED N rn G N v A Michael Busch c President&Chief Operating Officer L) A 0 0 0 0 a` 0 'v c M c `m m c 0 N C d E © L 0 3111 N.Tustin,Suite 230 Orange,CA 92865-1753 1 (714)283-9334 Business 1 (714)283-5465 FAX ME . Table of Contents N C N • J M Section1 —Company Background................................................................................................................2 Section2—Core Services.............................................................................................................................3 Section 3—Proposed Scope of Services.......................................................................................................4 N d Section4—Fee Schedule..............................................................................................................................7 LL C A a L 3 c E m v m a 0 Q { V L +i]7i X U it 0 N O7 C_ 10 fA U 0 O U I m 0 0 0 a` 0 {1 v i m c `m m c m N C d U Q -I- 5:G.c m Q Company Background Urban Futures, Inc. (UFI) is a full service consulting firm serving public agencies solely in the State of California. Founded in 1972, UFI is a closely held California corporation with offices in the cities of Orange v and Walnut Creek, California. Since our founding, UFI has served over 200 governmental entities in various capacities including,financial & management advisor, redevelopment consultant and interim staffing. We have helped many California public agencies serve local businesses and residents by working to create sound fiscal policies and management practices. LL Here is what we believe UFI "brings to the table": a s • Extensive knowledge of the municipal operations and in depth knowledge of current trends; 3 • A team of professionals with a combined 150+years of municipal management experience; v • Analytic sophistication that fosters a multi-disciplinary approach to problem solving regardless of project size or type; and rn • Continuity of service; UFI is small enough so that there is never a break in the client/professional o network, yet large enough to offer a full range of services. a (~; Our greatest strength lies in the fact that our firm Gan provide a well-diversified approached to service L �✓ delivery through a comprehensive community, organization and sound management strategy. This w combination enables UFI to develop and implement an innovative and community oriented strategy to providing management advisory and interim staffing services. 9 v N m C fn u N C O V R N O 6 O O. O C 'O N C d m C A N C d © L U Q -2 Packet Pg.49 m G Core Services N C UP offers public clients a wide range of specialized services including finance, investment advisory w services, management consulting and interim staffing services. Our core lines of business include the following: Financial Advisory Services Interim 1 Project Management Staffing i Investment Advisory Services Management Advisory&Administration Project Feasibility Studies Organizational Studies 5 Urban Futures employs 25 individuals including 13 professionals and 12 paraprofessional and support staff. a The firm has two offices, with the main office in the City of Orange and a Northern California Location in the City of Walnut Creek. The proposed work for this proposal will be conducted out of the Orange office. 5 .3 Our staff has served public agencies in many different capacities. We understand that each agency faces different circumstances and we acknowledge each as an independent organization with unique goals and E E objectives. Our services have included providing interim staffing, conducting budget analysis, m recommending revenue diversification strategies, and creating fiscal policies for agencies to adopt. Q 0 Our public finance and management advisory divisions are able to draw on the expertise of our staff to a © produce excellent results. Because of our diversity, our staff has been called upon to advise public a agencies in many different capacities. We believe our proposed staff, which includes a former municipal x public works director and city engineer, has the best qualifications to serve the City of San Bernardino. w N V Z m N m c m N v m c O U m N O O. O o` 0 c v `m c m 00 c m N C d E L U Q S.G.c m C) Proposed Scope of Services N c m Urban Futures Inc. is pleased to submit this proposal to the City of San Bernardino to provide interim public works director staffing and related financial consulting services. We understand that the City is seeking 0 interim professional expertise in all areas of the City's operation including engineering, public works, project management and development review functions. As this proposal will demonstrate, Urban Futures has been a recognized leader in providing high quality v finance and administrative consulting/interim staffing services to public agencies throughout California. Although we're best known over the years for our creative financial advisory practice, our multi-disciplinary LL approach makes Urban Futures a valuable member of any team on any level. a We are committed to initiating, facilitating, and maintaining open, collaborative communication with all z parties. Urban Future's approach is characterized by the following: 3 • CURIOSITY-Asking the right questions and engaging the right people • CLARITY- Being proactive in identifying issues, opportunities, and solutions • CREATIVITY - Being an advocate for comprehensive solutions and being flexible wdh o alternatives and choices a • CONFIDENCE- Ensuring thorough,frequent, and regular communication oOur team will work hard to meet the needs of the City of San Bernardino and to help you achieve all of your w community goals U Given the nature of this engagement, UFI proposes to assemble a project team based on San Bernardino's v unique needs. Michael Busch will provide overall direction and expert guidance for the project while rn providing financial consulting services to the City. The professional we are offering as interim public works director is Jim Smith. A N Working in conjunction with the City's executive and public works staff, Urban Futures is prepared to engage its full team and resources to the effective and efficient implementation of services necessary to 0 improve the City's long term operational and fiscal health. U 0 To implement the proposed services for the City of San Bernardino, Urban Futures is recommending the following responsibilities to manage and facilitate financial and public works functions on the behalf of the a City: 0 v G W 07 C R C U E U Q _q_ Packet Pg. 57 N d ■■ --- - - Scope of Services Interim Public Works Director y c As proposed, the role of Urban Futures in this engagement is to establish, direct, plan, supervise and organize the City's short and long-range development and capital project systems by creating and analyzing fiscal impacts of development activities and capital funded programs. In addition, under this engagement Urban Futures will manage the City's developer and bond funded capital projects and 1W programs and assist in the negotiate of developer agreements. Specific responsibilities of this position include: LL c m Under policy direction from the City Manager, plans, organizes, directs and integrates the City's public works and utilities activities and functions; provides expert professional assistance to City management in r areas of expertise, including engineering, municipal water, wastewater collection, and street and landscape 3 maintenance; and performs related duties as required. E v Plans, organizes, controls, integrates and evaluates the work of the Public Works Department; develops, implements and monitors long-term plans, goals and objectives focused on achieving the City's mission a 0 and Council priorities; directs the development of and monitors performance against the annual department budget; manages and directs the development, implementation and evaluation of plans, policies, systems a and procedures to achieve annual goals,objectives and work standards. s fir+ w Plans, organizes, directs and evaluates the performance of assigned staff; establishes performance 0 requirements and personal development targets; regularly monitors performance and provides coaching for performance improvement and development; makes decisions on compensation and other rewards to m recognize performance; takes disciplinary action, up to and including termination, to address performance m deficiencies, in accordance with the City's personnel rules and policies. i III N Provides leadership and works with department staff to develop and retain highly competent, customer service-oriented staff through selection, compensation, training and day-to-day management practices which support the City's mission and values. v° Integrates and directs the efforts and results of supervisors and staff engaged in the maintenance and o repair of the City's public works,water distribution and wastewater collection system infrastructure. a` 0 Advises the City Council, City Manager, citizen groups, individuals, contractors and others on depart- mental issues; assembles necessary resources to solve a broad range of programmatic and service M delivery problems in the delivery of public works and utilities services; assists in the preparation of new City m ordinances and the revision of existing ordinances. N Coordinates, reviews and approves the work of the City's contract City Engineer and a wide variety of independent service providers, including traffic engineers, rubbish collectors, public works maintenance r C u a -5- Packet Pg. 52 ;r W and construction contractors, public utilities maintenance and construction contractors; landscape 2 architects and landscaping contractors, tree maintenance contractors and others. y Monitors developments related to public works and utilities matters, evaluates their impact on City A operations, and implements policy and procedure improvements. H c 0 Represents the City in negotiations with other agencies, utilities, groups and individuals on a wide variety of issues pertaining to public works and public utilities. Develops specifications and bid documents for a variety of public works and public utilities-related designs, construction and maintenance projects; recommends contract awards, negotiates contract provisions and coordinates, reviews and approves contractors performance. LL c m Reviews and advises on development plans and permits for work in City rights-of-way. M L_ 3 c O E d d m Q O Q xt w w d U d N m c A in ; m c 0 U m 0 O O O o` 0 c a m c d m c in c v `^) E V L 0 a N Q Fee Schedule z v PROPOSED FEE SCHEDULE: The following proposed fee structure reflects contract staffing on a fixed fee basis for interim public c works director services and hourly fees for additional financial consulting services. Consulting hours billed will be based on actual hours worked. The fee for these services is on a lump sum basis for the following tasks: y d Contract Finance Staff LL The following proposed fee structure reflects full-time staffing inclusive of vacation time, holidays a and lunch breaks. Hours billed will be based on actual hours worked. z 3 c E E v 0 m Interim Public Works a Director 16,000 144 100% 3 a d u m Financial Consulting* 225.00 NIA NIA m c m *Costs are based on an as needed basis. v m c 0 U m 0 O O O IL 0 c v is c d ro c m y c m E r © u .10. Q _7_ Packet Pg. 54