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HomeMy WebLinkAbout07.A- City Manager DOC ID: 3586 E CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Allen Parker M/CC Meeting Date: 11/17/2014 Prepared by: Allen Parker, (909) 384- 5122 Dept: City Manager 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 with Management Partners, Inc. Related to the Bankruptcy Recovery Plan Current Business Registration Certificate: Yes Financial Impact: $300,000 Bankruptcy Fund - 001-090-0134-5510 Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: Management Partners brings extensive bankruptcy experience having worked as the non-legal team that led the City of Stockton out of bankruptcy. Further, they have first- hand knowledge of our operations having worked with the City of San Bernardino between 2007 and 2011. The proposed contract is to prepare a Recovery Plan for the City of San Bernardino as we continue to work through our current bankruptcy process. That plan will address service levels and delivery options, achieving and maintaining service delivery solvency, developing an associated plan of adjustment, negotiating with creditors and then being able to exit bankruptcy. Management Partners will also supplement and manage the current work of the team helping the City complete the bankruptcy process and fill gaps where needed to secure successful results. Supporting Documents: Management Partners Incorporated Resolution 11-12-14 (DOC) agrmt 3586 (PDF) Management Partners Proposal Exhibit B 11-12-14 (DOCX) Updated: 11/13/2014 by Henry Empeno Jr. E Packet Pg. 368 Enter Into Rom at � (,� ._n ••..._ 11/17/2014 Agenda City Clerk City of San i3ernardino CONSOLIDATED PLAN What is the Consolidated Plan? •A Consolidated Plan is required to be developed in order to receive community development entitlement funds from HUD. •5 Year Plan,and includes: •Analysis of housing and community development needs Strategy(projects and programs)to address those needs Annual plans to allocate funding What Types of Funds? Entitlement grants from HUD covered in the Consolidated Plan: Community Development Block Grant(CDBG) HOME Investment Partnership Act(HOME) Emergency Solutions Grant(ESG) 1 P 11/17/2014 San Bernardino'sWlocations $6,000,000 1 $4,500,000 uw++ $3,000,000 i $1,500,000 $o 1 - 2010 2011 2012 2013 2014 .CDBG -HOME•ESG Potential Uses of CDBG Funds Eligible activities and projects include: Creation and retention of affordable housing Infrastructure improvements Community facilities Community services Special needs services Job creation and retention 70%of CDBG funds must be used for activities that benefit low-and moderate-income persons Potential Uses of HOME Funds Must be used to provide affordable housing opportunities for low and moderate income households: Acquisition and/or rehabilitation Construction of new housing Substantial rehabilitation Rental assistance Homebuyer assistance Phoenix Square Apartmenh 2 11/17/2014 Potential Uses of ESG Funds Must be used to provide homeless persons with basic shelter and essential supportive services: Rehabilitation or remodeling of a building used as a shelter Operations and maintenance of a homeless facility Essential services(case management,health treatment,substance abuse counseling) Rapid re-housing Homeless prevention Area Median Income (AMI) Extremely� 0% Income,%. I-Person $12750 $21,250 $34,000 2-Person $14,600 $24,300 $38,850 3-Person $16,400 $27,350 $43,700 4 Person $18,200 $30,350 $48,550 5-Person $19,700 $32,800 $52450 Al INC- 1105AT"w-, —u— w tl I 3 11/17/2014 Previous Projects Mobile Home Grant Repair Program Single Family Beautification Program Homebuyer Assistance Program Homeless Outreach Team Fire Equipment Leases North Arden Guthrie Retail Center Regal San Bernardino Theatre Square Rsgd an— Fire Eq.ipment Gr obile none ant T otx sW Leases MRep-Program FY 2010-2014 Priorities Housing: Preserve and Rehabilitate E'sting Single-Family Dwellings Improve Neighborhood Conditions through Code Enforcement and Abatement of Dilapidated Structures Expand Homeownership Opportunities and Assist Homebuyers with the Purchase of Affordable Housing Provide Rental Assistance and Preserve Existing Affordable Rental Housing •Expand the Affordable Housing Inventory through New Construction Eliminate Identified Impediments to Far Housing through Education.Enforcement,and Testing Homeless: Assist Homeless and Special Needs Populations with Supportive Services • Public Improvements and Community Facilities: Improve and Expand Community Facilities and Infrastructureto Meet Current and Future Needs •Economic Development: Promote Economic Development and Employment Opportunities for low and moderate income households What is the Al? Analysis of Impediments to Fair Housing Choice(AI) ao 4 11/17/2014 Why Develop an Al? •Required by HUD to receive Community Development Entitlement Grants •HUD programs must be administered to "affirmatively further fair housing" Conduct Analysis of Impediments to Fair Housing Choice Take actions to overcome impediments Maintain records on analysis and actions What is in the Al? Demographic and housing characteristics Practices in the housing market Patterns and trends of housing discrimination Public policies and regulations regarding housing choice Fair housing services and resources available Issues and recommendations Public Participation 5 { 11/17/2014 Survey Outreach •The Community survey was made available: On the City's website:http://sbcitv.org! On public counters To various service agencies for distribution to their clientele At various City-sponsored fairs,including: Food truck Fair [City to insert] 6 r �w a� DUNGII Off 1 CITY C ITr OF SAN BERt APM, 14 NOV 17 PM 1: 19 REVENUE & COST SPECIALISTS, L.L.C. 2545 Chapman Avenue, Suite 103 Fullerton, California 92831 714-992-9020 December 10, 2013 David Cain, Director of Finance City of San Bernardino 300 North D Street San Bernardino, CA 92418 Dear Mr. Cain: In 2005, Revenue & Cost Specialists, L.L.C. (RCS) prepared a report updating the City's recoverable service costs in the Development Services Department. This letter is in response to your request for a proposal to perform a complete update of the City's recoverable costs for all departments. This Proposal does not include development impact fees (AB-1600) or utility charges, although RCS would be pleased to submit additional proposals for those purposes. Background It is our understanding that the City's Cost Allocation Plan (CAP) is not current enough to use for General City Overheads but that it would be available to RCS to minimize the cost of updating the CAP. Scope of Work In general, RCS will use the second year of the two-year Preliminary Budget for FY 12-13 & 13-14 with adjustments for changes that the City already knows about or anticipates. This will make the resulting cost of services more consistent with the period for which fees will be recommended. The following table compares the scope from 2005 with what RCS is currently proposing. M/CC, MEETING- 1111712®14 AGENDA ITEM: 5G City of San Bemardino Cost of Services Pa e 2 Scope 2005 2014 1 - Prepare a Total Cost CAP for general City overheads. The price of$12,000 is discounted based NA $6,000 on the most recent CAP model being current enough to use as a model. 2 - Prepare department overheads as necessary to development all recover all service overheads. Perform costing servicys only departments analysis of the following service departments: 3a - Calculate Service cost for a single unit of service $24,750 3b - Calculate Service costs for all projected (i.e total) $50,000 units of service for all departments 4 - Software to prepare CAP & Cost information NA $6,500 TOTAL $24,750 $62,500 Comment on Single Unit of Service vs Total Units of Service Preparing a study based on only a single unit of service is the least expensive approach to determining cost of services as long as the time estimates for staff are accurate. By including all units of service, there is the benefit of testing the reasonableness of time estimates by comparing the productive time of each position with total work-hours available to that position. This comparison can point up situations where the position is performing work that is unidentified (i.e. additional services?) or where the position is over-allocated which means that the time or unit estimates are too high or that additional positions are required to perform the work properly. In addition to validating time estimates, including all anticipated units provides the Finance Department with the estimated revenue possible from each service. Comment on the CAP & Cost Software. RCS has developed a unique and sophisticated Windows-based stand-alone software package that is both user-friendly and comprehensive at the same time. The Governmental Business System is designed to be used in any organization and allows forthe flexibility to make changes to your organization and your services. It includes easy-to-use interfaces and easy-to-understand reports, without the worry of incorrect formulas inherent in Excel-based systems. It is not a spreadsheet-based format, but uniquely designed for municipal purposes in determining cost allocations and service costs. Its use would allow the City to continuously update the Cost Allocation and User Fee Studies, as well as input hypothetical services to calculate their estimated costs. The software will be installed at the City with no licensing limitations at the completion of the Study. A demonstration of the software and our pricing can be downloaded at www.costaIlocation.com. Note that purchasing the software is an option but that the CAP is required. v City of San Bernardino Cost of Services Page 3 RCS will prepare a draft report of our findings and review it with City staff. Changes would be incorporated into a final report. RCS would provide the City with the final report in Adobe Acrobat format so that the City can print the number of copies it wants. RCS will make one presentation of the final report to the City Council. Additional presentations would be at our hourly rate. Timing of Services RCS would begin work within ten days of authorization to proceed. Fee for Services The proposed fee is $56,000 plus $6,500 (plus tax) for the software. The above prices include the typical insurance coverages of $1 M/2M for workers' compensation,general liability and professional liability.Additional services would be billed at$175 per hour. These prices and the Proposal are good until January 31, 2014. Project Staff& References Rick Kermer, CPA, President, will perform the work, using Eric Johnson. Vice-President and Matthew Dhillon. Associate to assist with the project if necessary. Resumes & references will be provided upon request. Note that the work will be performed by principals of the company who have many years of experience and not by "juniors" or subcontractors. RCS looks forward to being of service to the City of San Bernardino. I can be reached directly at 714-992-9023 or by email at rick(a)reve n ue cost.corn. Sincerely, 1 Rick Kermer, President REVENUE & COST SPECIALISTS, L.L.C. 2545 Chapman Avenue, Suite 103 Fullerton, California 92831 714-992-9020 March 21, 2005 Lori Sassoon, Asst. to the City Administrator City of San Bernardino 300 North D Street San Bernardino, CA 92418 Dear Ms. Sassoon: Revenue&Cost Specialists, L.L.C. (RCS) is pleased to submit this Proposal to update the City's recoverable service costs in the Development Services Department. With the individual service cost information, City staff and City Council can make a determination whether to recover 100% of the service cost by a fee, whether to eliminate service costs by re-engineering the process or by eliminating the service, or whether to use taxpayer monies to partially or completely subsidize the service. This Proposal does not include development impact fees (AB-1600), although RCS would be pleased to submit an additional proposal for that purpose. Background It is our understanding that the City wishes to update the user fees charged by the Development Services Department which encompasses planning, building/safety and engineering. It is also our understanding that the City's Cost Allocation Plan (CAP) for the allocation of general City overhead,was just updated and will be available for General City Overheads. Scope of Work Based on our experience of doing this work for over one-quarter of the cities in California, RCS will update the "costs reasonably borne" for the Development Services Department user fees by identifying the cost of a single unit of service. RCS will interview staff and supervisors as necessary to identify"who" does the work and how much time they take, on average,to complete each application review. Development Service overheads will be calculated if not included in the CAP. t City of San Bemardino Proposal Paqe 2 City staff will be responsible for providing the service time by position and for timely review of drafts provided to them. RCS will prepare a draft report of our findings and review it with City staff. Changes would be incorporated into a final report. RCS would provide the City with the final report in Adobe Acrobat format so that the City can print the number of copies it wants. RCS will make one presentation of the final report to the City Council.Additional presentations would be at our hourly rate. Timing of Services RCS would begin work within ten days of authorization to proceed. Fee for Services The proposed fee is $24,750. The above prices include the typical insurance coverages of $11VI for workers' compensation,general liability and professional liability.Additional services would be billed at $125 per hour. These prices and the Proposal are good until May 31, 2005. Project Staff& References Our professional qualifications are attached as Appendix A and references to recent projects are in Appendix B. Rick Kermer, CPA, President, will perform the work, using Eric Johnson. Vice-President to assist with the project if necessary. Note that the work will be performed by principals of the company who have many years of experience and not by "juniors" or subcontractors. RCS looks forward to being of service to the City of San Bernardino. I can be reached directly at 714-992-9023 or by email at rkermer(a)-cs.com. Sincerely, s/s RICK KERMER, CPA President 1 y RESOLUTION NO. L ° 2 "- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 3 BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES . AGREEMENT WITH MANAGEMENT PARTNERS, INC. RELATED TO THE 4 BANKRUPTCY RECOVERY PLAN. 0 I � 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE L ° 6 CITY OF SAN BERNARDINO AS FOLLOWS: a c 7 t �o SECTION 1. The City Manager is hereby authorized and directed to execute a a 8 c d 9 Consultant Services Agreement with Management Partners, Inc. for professional services (D 10 related to the Bankruptcy Recovery Plan, a copy of which is attached hereto marked Exhibit 11 "A" and incorporated herein by reference as fully as though set forth at length. 3 12 SECTION 2. The Purchasing Manager is hereby authorized to issue a Purchase Order c 13 V 14 to Management Partners, Inc. for consultant services for a total amount not to exceed $300,000. co Ln 15 SECTION 3. The authorization granted hereunder shall expire and be void and of no 16 further effect if the Agreement is not executed by both parties and returned to the Office of the 17 City Clerk within sixty(60) days following the effective date of this Resolution. ° r 18 0 (D 19 20 0 21 °L U c 22 w d 23 t R a 24 25 m a� ca 26 27 c m E 28 -� U R a i Packet Pg. 369 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Cn BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES 42 2 AGREEMENT WITH MANAGEMENT PARTNERS, INC. RELATED TO THE 3 BANKRUPTCY RECOVERY PLAN. n. as 4 p v d 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and L 0 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of , 2014,by the following vote, to wit: a w 8 = d Council Members: AYES NAYS ABSTAIN ABSENT E 9 � 10 MARQUEZ _ Y 11 BARRIOS 3 12 VALDIVIA Y _ 13 �j SHORETT m 14 00 un 15 NICKEL M n N 16 JOHNSON 17 MULVIHILL c 18 0 a� 19 Georgeann Hanna, City Clerk as 2 The foregoing Resolution is hereby approved this day of 52014. Q 21 0 v _ 22 0 i 23 R. Carey Davis, Mayor City of San Bernardino a 24 Approved as to form: Gary D. Saenz, City Attorney E 25 m c 26 2 7 By: c d E 28 s ca Q 2 Packet,Pg. 370 7.A.b CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city("CITY"), and MANAGEMENT PARTNERS, INC. ("CONSULTANT"). WITNESSETH : m co L A. WHEREAS, CITY proposes to have CONSULTANT perform the services ° described in Exhibit"B"; and a a. B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise, and holds all necessary licenses to practice and perform the services herein contemplated; and L O C. WHEREAS, CITY and CONSULTANT desire to contract for Professional L Services Related to the Bankruptcy Recovery Plan as described in the Scope of Services, attached hereto as Exhibit "B"; and a c 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 Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 3 cc L 1.0. SERVICES PROVIDED BY CONSULTANT c U 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall co provide the professional services related to the Bankruptcy Recovery Plan as described in the M Scope of Services attached hereto as Exhibit "B" and incorporated herein by this reference. If a conflict arises between the Scope of Services and this Consultant Services Agreement(hereinafter co "Agreement"), the terms of the Agreement shall govern. L 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 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 practices. CONSULTANT also warrants that it is familiar with all laws that may affect its a performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. Packet Pg.371 13. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws includin g but not limited to,those laws related to minimum hours and wages; occupational health and safety; fa it employment and employment practices; workers compensation ensation insurance and employment; and all other Federal State and local laws and ordinances applicable to the safety in employ Pp Y services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs,presented,brought, m or recovered against CITY for, or on account of any liability under any of the above-mentioned T L laws, arising from or related to CONSULTANT's performance under this Agreement. 12 1.4, Non-discrimination. In performing this Agreement, CONSULTANT shall not a 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 0 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. 0 aD _ 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter a into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation 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 3 employ other personnel to perform services contemplated by this Agreement at CONSULTANT's L sole cost and expense. 0 v 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at co all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept LO payment from or employment with any person or entity which will constitute a conflict of interest W with the CITY. co 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the a, L term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the r City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, E insurance and approvals of whatever nature that are legally required of CONSULTANT to practice E its profession, skill or business. w 2.0. COMPENSATION AND BILLING 2.1. Compensation. CONSULTANT shall be compensated based on hourly rates described in Exhibit "B". In no event shall the total amount paid to CONSULTANT exceed $300,000. 2 Packet Pg.372 7.A.b T shall not receive compensation for an 2.2. Additional Services. CONSULTANT p y 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 understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 23. Method of Billing. CONSULTANT may submit invoices to CITY for approval. m Said invoice shall be based on the total of all CONSULTANT's services which have been T L completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five .° (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 a performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 0 a� 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 L shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. a r 3.0. TERM AND NOTIFICATION. _ a� 3.1. Term. This Agreement shall commence on the Effective Date and continue C through December 31,2015,unless the Agreement is previously terminated as provided for herein. 3.2 Termination. CITY or CONSULTANT may terminate this Agreement upon thirty (30)days written notice to the other party. In the event of termination, CONSULTANT shall be L paid the reasonable value of services rendered to the date of termination. c U 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement shall be delivered to the CITY LO within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. to Any use of uncompleted documents without specific written authorization from CONSULTANT M shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. E i 4.0. INSURANCE d 4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and E maintain during the term of this Agreement all of the following insurance coverages: r a (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00),combined single limits,per occurrence and aggregate. 3 Packet Pg.373 (b) Automobile liability for owned vehicles wT: hired, and non-oed vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or m be endorsed to contain the following provisions: T L 0 (a) Additional insureds: "The City of San Bernardino and its elected and M appointed boards, officers, agents, and employees are additional insureds a with respect to this subject project and contract with City." 0 U (b) Notice: "Said policy shall not terminate,nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written o 4- notice is given to City." L a� (c) Other insurance: "Any other insurance maintained by the City of San a Bernardino shall be excess and not contributing with the insurance provided by this policy." _ d 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 and content approved by CITY, prior to performing any services under this Agreement. 3 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, L the indemnification provision contained in this Agreement,or the extent to which CONSULTANT o may be held responsible for payment of damages to persons or property. 5.0. GENERAL PROVISIONS M to 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the M with respect to an matter referenced herein and supersedes any and all other prior writings parties w p p Y p and oral negotiations. This Agreement maybe modified only in writing,and signed by the parties E in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. s U 52 Notices. Any notices, documents, correspondence or other communications a concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set 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 the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through 4 Packet Pg.374 7.A.b regular United States mail. IF TO CONSULTANT: IF TO CITY: Management Partners, Inc. City Manager 2107 North First Street, Suite 470 300 North"D" Street San Jose, CA 95131 San Bernardino, CA 92418 Telephone: (408) 437-5400 Telephone: (909) 384-5122 m Facsimile: (408) 453-6191 Facsimile: (909) 384-5138 n c 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 costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the 0 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 o members of his office in enforcing this contract on behalf of the CITY shall be considered as 0 "attorneys' fees" for the purposes of this Agreement. c t ca a. 5.4. Governing Law. This Agreement shall be governed by and construed under the 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 cc agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignrn CONSULTANT shall not voluntarily or by operation of law assign, 3 transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without L CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance o shall be void and shall constitute a breach of this Agreement and cause for termination of this 0 Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed Ln by CONSULTANT hereunder for the term of this Agreement. to 00 Ln 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, as officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature E 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 Q solely by the CITY's negligence. 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 or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any s Packet Pg.375 and all payment of wages, benefits and taxes including, but not limited to, Income Tax, 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 are required, in connection with the services to be performed hereunder. Neither 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' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations,paid holidays, pension, profit sharing or social security on account of CONSULTANT m and its officers', agents' and employees' work for the CITY. This Agreement does not create the co relationship of agent, servant, employee, partnership or joint venture between the CITY and CONSULTANT. a 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 0 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 `o that will have a foreseeable financial effect on such interest. L a� c CONSULTANT shall conform to all requirements of the Act. Failure to do so a 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 furnish clarification and/or = explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs,then CONSULTANT shall, at no cost to CITY,provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. c U 5.10. Prohibited Ernployment. CONSULTANT shall not employ any current employee co of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and 00 negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. a, 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 E beneficiaries of this Agreement and no third party shall have any right in, under or to this w w Agreement. a 5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are 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 this Agreement. 6 Packet Pg.376 ; d b all of the r their 5.14. Amendments. Only a writing execute y parties hereto 0 respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or 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 m the party against whom enforcement of a waiver is sought. The waiver of any right or remedy N with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with w respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. a a 5.16. Severability. 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 0 affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement .° shall remain in full force and effect. L a) C 5.17. Counterparts: This Agreement may be executed in one or more counterparts, each a of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. E as 5.18. Corporate Authority. The persons executing this Agreement on behalf of the parties C hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. 3 d+ C O Co co M v to Co Ln M E L F+ 4) E M V Q 7 Packet Pg.377 CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, MANAGEMENT PARTNERS,INC. m A Municipal Corporation N 0 a Allen J. Parker, City Manager Signature 0 m Name and Title 0 L _ ATTEST: a. _ m E Georgeann Hanna, City Clerk a, Approved as to form: 3 Gary D. Saenz, i City Attorney o U co Y B : ` M Ln LO �o ca M E L _ E t V V.+ yr a s Packet Pg.378 EXHIBIT "B„ Adwsk AF A m November 10, 2014 ,o c a Mr. Allan J. Parker City Manager 0 City of San Bernardino L 300 North "D" Street San Bernardino, CA 92418 L as c Dear Mr. Parker: nom. c d Andy Belknap was pleased to meet with you on November 6 to talk about management of the E San Bernardino bankruptcy proceeding. As you discussed, a Chapter 9 bankruptcy proceeding (or any bankruptcy proceeding) creates tremendous challenges and a huge demand for timely cc performance. It is especially challenging for a municipality that must continue operations in a Y resource-constrained environment while attending to the Chapter 9 proceeding. It is also a 3 process that can only be done once, and must be done right with the imperative of having the L city emerge from bankruptcy on both a financially solvent and service solvent basis as soon as c possible. v to LO Delay only increases costs and prevents the city from moving forward with the economic and M _- community betterment issues that are the true priority for a public service organization. To achieve a timely and successful exit from bankruptcy the process must be effectively managed. This is not something city manager can do in his or her "spare time. When a city enters g Y g P Y bankruptcy it is a given that a lot of money will be spent because the creditors who contest the m p Y g Y p city's position hire the very best talent they can buy to assert their case in court. It is crucial that the process be tightly managed so that the city gets the most it can for every dollar spent and w moves through the process in as timely a manner as possible. 0 CL About Management Partners a During our 20 years of service, we have earned a national reputation by delivering quality, L actionable work products to our clients. We bring extensive experience to this project, along r L with first-hand knowledge of local government operations, and intensive experience working a with the City of San Bernardino between 2007 and 2011. c a� E as 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 cc 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. 1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAX 513 8613480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 2221082 • FAX Packet Pg. 879 Mr.Allen J.Parker Page 2 The firm is staffed with 80 professionals who are experienced public service managers as well as qualified management consultants. This group includes generalists as well as subject-matter N experts. Our consultants have years of experience working in all aspects of local government ,o management and have built a track record of extraordinary quality service for our clients. a We have extensive experience helping government leaders cope with severe financial crises, 4) including bankruptcy. In a number of instances we have worked with cities that have 0 confronted profound financial and service insolvency where major turnaround strategies were required to restore service delivery solvency. Some of the jurisdictions we have assisted with ,o significant financial challenges include San Jose,Vallejo, Santa Ana, Long Beach, Modesto, Fresno and Stockton, California. In Santa Ana we developed a budget stabilization plan that included contracting with Orange County Fire Authority for fire service. For San Jose we cam. developed a multi-faceted approach which included restructuring, expense reductions, cost shifts, consolidation of services as voter approved revenue measures. E as In Stockton,under the direction of Bob Deis, who was then serving as the city manager, Management Partners managed the bankruptcy and pre-bankruptcy process. Given his r direction and using a team of experts, we developed a plan for returning that city to service 3 solvency,which included labor cost reductions, the phase-out of retiree medical costs, debt restructuring, streamlining and consolidation of services as well as a unique sales tax increase c approved by the voters in November 2013. After finalizing Stockton's Plan of Adjustment,Bob �? Deis retired in November 2013. He joined Management Partners in May 2014. Since joining co in Management Partners,Bob has worked with the cities of Modesto and Oxnard, as well as with Monterey County, on significant turnaround projects. N r Proposed Approach for San Bernardino The purpose of this letter is to propose a contract to provide assistance to the City of San °0 Bernardino as it continues to work through its current bankruptcy process. That work includes .c a fundamental restructuring process aimed at determining service levels and delivery options, w achieving and maintaining service delivery solvency, developing an associated plan of y adjustment,negotiating with creditors, and then being able to exit bankruptcy. Management °Q Partners' role would be to supplement and manage the current work of the team helping the a City complete the bankruptcy process and fill gaps where needed to secure a successful result. L a� c L We envision the use of sub-teams to address major issues such as service delivery options a leading to changes that may be required. These include streamlining to achieve cost reductions, labor cost and/or collective bargaining agreement realignment, debt restructuring, and options E related to retiree medical and pension arrangements. Our focus would be on developing a fully vetted restructuring proposal that the City can use as a basis for negotiating with creditors and for developing a plan of adjustment for approval by the court. c a) It is anticipated that Management Partners would assist the City with the following types of work: a Packet Pg.380 Mr.Allen J.Parker Page 3 7,A.c' • Providing general support to the City on management and execution of the Chapter 9 process, including overall responsibility for managing the process. Cn • Developing service delivery options for a service-solvent City consistent with revenue ,o constraints,including benchmarking and technical analysis as needed. • Developing a restructuring proposal,which would involve operational realignment, cost a. reductions, debt restructuring and retiree medical benefits. We can assist in evaluating m approaches to reforming pensions and other post-employment benefits. We can also 0 provide assistance integrating alternative approaches into the City's fiscal model. • Supporting and overseeing negotiations with creditors based on the restructuring plan. ,o • Working with the City Manager to provide briefings to the City Council as appropriate. • Coordinating and developing appropriate responses to discovery requests received in connection with Chapter 9 mediation and/or litigation. n • Developing a Chapter 9 budget as well as tracking and providing management reports to the City Manager and the City Council concerning the Chapter 9 budget. E • Providing project management on issues as assigned including, for example, analysis and implementation of streamlining and efficiency projects and development of possible g revenue increases for consideration by the Council and possibly voters. • Providing management and staff support for weekly meetings of the City bankruptcy team and sub-teams. L • Providing expert testimony, if needed, as part of the Chapter 9 process. o U Plan of Work tD CO LO While something as complex as bankruptcy is obviously fluid and subject to numerous uncertainties, we find it helpful to have an overarching plan in place so we can measure our progress toward the end goal: San Bernardino's exit from bankruptcy. Here is how we see this process unfolding based on our discussion and prior experience doing this complex work in a timely fashion. 00 w 1. Develop San Bernardino's Recovery Plan w The first milestone is to develop a plan and related costs for the services that the City of 'a 0 San Bernardino will eventually provide after bankruptcy. In other words,what service °Q levels should residents expect from their city that are realistic given local economics,that a°L are financially sustainable over time? This is defined as the first step because of recent i court decisions in Stockton and Detroit. Both judges immediately gave great deference L to the need for cities to become "service solvent," i.e., provide adequate services soon a after exiting bankruptcy. Bankruptcy should be viewed as a tool to restructure costs and c debt to achieve "service solvency." Thus, exiting bankruptcy is a "means to an end" and E a) not the actual end game.In fact, the judge will likely not confirm an exit plan without a viable plan to both restore services and fund them over the long term. w We will develop a recovery plan for the City of San Bernardino under your guidance, E grounded in decisions by the City Council. It is important to engage elected and appointed officials and, to the extent practicable, community leaders and employee FPac'k'et P0.281 Mr. Allen J.Parker Page 4 QW-1 representatives. This expanded group is critical for transparency, eventual implementation, and for public support if solutions will require voter approval. co L Q This first step will include an outreach component as well as the vetting of service needs and levels, and benchmarking activities with other cities for context. a- 2. Develop Plan for Funding San Bernardino's Recovery Plan 0 After determining service level goals, the next step is to develop cost reduction or revenue enhancement approaches to fund the resulting plan on a sustainable basis. ,Q N L Efficiency Options To receive court confirmation of the Plan of Adjustment, it is paramount that we a evaluate all opportunities to reduce costs. This involves evaluating service delivery options including: contracting for services, consolidating with other agencies, reviewing m major contracts seeking cost reductions without harming service capacity, and reviewing policies and practices that deviate from best practices. To achieve credibility with the court and creditors, it is paramount that every option be carefully considered _ and examined. 3 �a L This work in other settings such as Santa Ana, San Jose, and Stockton produced a c significant reduction in operating costs. In Stockton, this became a critical part of the U judge's confirmation decision. LO M Creditor Options It almost goes without saying that most creditors should expect to contribute to a bankruptcy restructuring. There are standards to follow in bankruptcy law when compiling San Bernardino's approach. Some of these standards have been evolving or m w have been interpreted in recent bankruptcy court decisions, and those decisions will inform our approach here. w N Revenue or Other Voter-Approved Options °a To the extent there is a funding gap to sustain adequate services in San Bernardino's a Recovery Plan, we will evaluate and recommend options to close that gap. These may L include increased or new fees, taxes or other special authorities that may (or may not) r require voter approval. However, when these options are to be considered, it is critical a that the governing body and community understand what is at stake, i.e.,the entire bankruptcy exit or the funding of specific services. E m CD ca u 3. Negotiations With Creditors a) As might be expected,negotiating with creditors includes the creditor options described .E_ above. We recommend full transparency with this group by sharing the details of the Q Packet!Pg.382 Mr.Allen J.Parker Page 5 City's Recovery Plan and their role in funding it. Our team has specific experience in this step. One of the options that might be considered would be some kind of"upside" Cn sharing if the City does better than projected in recovery.We were able to develop this ,o approach in Stockton and believe it was a significant factor in negotiated resolutions. a Under the approach we developed, the City will always retain the bulk of any better than projected results, so the City will be the biggest beneficiary. However, sharing 0 makes sense from both the perspective of the City and creditors, and helps both focus on economic development and recovery. ,o L 4. San Bernardino Recovery Plan Implementation This step includes presenting a Plan of Adjustment to bankruptcy court and assisting in a seeking any necessary approvals for revenue or other voter approval options. The order of these elements will be determined by you, the Mayor and Council. Again, our team E was active in the Stockton court proceedings and prevailed in each of the three Cz c adversarial proceedings. CU The above high-level plan is informed by our experience in Stockton, as well as other large cities 3 in California. We are obviously open to modifying it based on the realities of the San L Bernardino situation. Management Partners and members of this project team also know San c Bernardino well as a result of our work for the City from 2007 to 2011. v to 00 Project Team Andrew Belknap will provide project direction with primary assistance from Bob Deis, Robert Leland, Dave Millican and other Management Partners staff as necessary.Biographical information for our project team members is attached. We have already mentioned Bob Deis' role in the Stockton bankruptcy,but all the other members of this team also had substantial m r involvement in the work Management Partners did for Stockton, as well as with other complex 2 .i= municipal turnaround projects in California. w N Management Partners suggests a time and expense contract for the Chapter 9 work. We will °a invoice the City based on the actual hours worked by task. The rates we will charge the City for ° a this engagement are shown below. Expenses are in addition and billed at actual cost. m c Regional Vice President/Senior Partner $275 IL Partner/Special Advisor 250 Senior Manager 175 E Senior Management Advisor 150 Management Advisor/Analyst 100 cc The work that you and all of the others on the City leadership team (elected and appointed) do to "right the ship" of San Bernardino's government is unusually important, not only for the residents of the City but for the profession of local government leadership nationally. We look Ca a Packet Pg.383 Mr. Allen J.Parker Page 6 forward to the opportunity to support your work. Please feel free to contact me or Andy Belknap if you have any questions about this proposal. v°0i L O _ Sincerely, a. as ��n/wx✓ o d L O Gerald E. Newfarmer L d President and CEO a c as E d �o z �3 .r �a L _ O U co w LO M r N r r m r.+ .Q t x w �a 0 CL O L a N L L a c a� E d CD ca c a� c� .r a Packet)Pg.3841 Mr.Allen J.Parker Page 7 ATTACHMENT—PROJECT TEAM RESUMES m ANDREW S.BELKNAP c _ Andrew Belknap,Regional Vice President,has more than 20 years of diverse local government a management experience. He has served in California local government as a city manager, public works director and independent consultant. As a consultant he has directed hundreds of c diverse projects and provided interim management assistance for over 300 cities, counties and special districts. Andy has been with Management Partners since 2001 and leads the operations o of the western region,which is based in San Jose, California. He directs the work of L approximately 20 full-time staff members. His recent experience with cities facing fiscal distress includes consulting on budget, fiscal and management issues for Anaheim, Fresno,Oakland, a San Bernardino, San Jose, Sacramento, Santa Ana, Stockton, Tracy, Vallejo, and many other California jurisdictions, as well as Phoenix,Arizona, and Las Vegas and North Las Vegas in E Nevada. �a c �a Andy began his public service career in 1980 with the City of Oxnard, California, in facilities management. In 1989, Andy was named city manager of Ojai, a nationally known resort 3 community (he had been public works director there for the previous three years). Andy brought leadership and fiscal stability to a community that had been through a difficult period a of political controversy, staff turnover and financial troubles. When he left this position in 2001, v the city had achieved a reputation for credibility,professionalism, teamwork and innovation. ..+' ao Ln M Since joining Management Partners in 2001, Mr.Belknap has participated in over 300 individual , consulting projects for cities, counties and special districts in California, Arizona, Nevada, N Washington, Idaho and Montana. He has served as the key professional or project manager for most of these assignments. Clients range from very small to very large and include the cities of m San Jose,Long Beach and Sacramento;the counties of Orange, Marin, Monterey, San Mateo and Ventura;and large special districts such as the Sacramento Port District and the Los Angeles x Community College District. As a corporate officer with Management Partners, Mr. Belknap has W helped develop the firm's consulting methodology, standards of practice and market presence, c which has enabled the firm to successfully complete over 700 separate engagements for c hundreds of local government throughout the United States. a. L d As an economist, Andy brings a special expertise to public finance issues, including the analysis of local revenue measures. He has completed a broad range of organizational and management a. studies, cost-of-service and fiscal analyses, inter-jurisdictional service delivery studies, service consolidation and coordination efforts and other complex projects. as Andy earned a bachelor's degree in math/economics from the University of California, Santa E Barbara, and a master's degree in economics, with a specialty in public finance. c as E �a a Packet Pg.385 Mr. Allen J.Parker Page 8 BOB LEIS m L Bob Deis, Special Advisor,has spent 34 years in public service managing the finances of cities ° and counties in California, Oregon and Washington. During his career,he managed a city with only 200 employees and a county with 5,000 employees. Whether an accountant or city a manager,Bob has managed the finances of local governments, and has the technical skills to understand financial statements and the strategic skills to transform the organization's financial 0 position. L O Bob began his career in 1979 as an intern within the Finance Department of the City of Sacramento.He then moved on to the City of Eugene, Oregon where he focused on long-term financial planning and generating additional resources. °- _ d In 1985,Bob began working in Washington County,Oregon, sometimes called the "Silicon as Forest," during a period of massive growth.However, the County was ill-equipped to address the impacts of that growth. Bob was part of a team that implemented a strategic plan that g transformed the organization and community. His focus was gaining special legislation, soliciting voter approval on multiple occasions, and then implementing approaches to address the unique needs of a county responsible for both urban and rural services. These efforts led to multiple bond upgrades. He also spearheaded a one-of-a-kind performance evaluation and c compensation system that supported new organizational values. V to In 1996, Bob became the fourth city manager in Shoreline, Washington, as it celebrated its first anniversary. He inherited a chaotic situation and a budget that was not balanced. He left four years later having installed a new management team, a budget with substantial reserves, a well- , funded capital improvement program, a new general plan, and new operating policies, among other accomplishments. Z In 2000,Bob began serving Sonoma County where he developed the county's first strategic plan W that guided multiple successful initiatives such as 1) addressing an unsustainable unfunded y other post-employment benefits liability(OPEB), 2) creating their first criminal justice master °o, 0 plan that led to millions of dollars in savings, and 3) initiating a new approach to allocate `a county funds with a focus on investing in"upstream" programs rather than the more expensive "downstream" criminal justice and human services costs. L a Bob recently retired as city manager of Stockton,California. He inherited an insolvent city of 300,000 that was chaotic and in distress from operational,budget and governance perspectives. E d CP In just under four ears,he installed a new management team and created a high-performing J Y organizational culture, put the city on a path to solvency by taking the severe but necessary step of seeking bankruptcy protection, restructured and eliminated massive short- and long-term obligations and spearheaded the passing of a revenue measure. He also oversaw the creation and implementation of a unique approach to a problem that has plagued Stockton for years, the E a Packet Pg.386 Mr.Allen J.Parker Page 9 Marshall Plan on Crime. In the words of their City Council, "Bob Deis was the architect of _ Stockton's recovery." 00 L 0 Bob has made presentations at various conferences,including ICMA and the League of California Cities, the USC Price School of Public Policy, and Lafayette College, covering topics 0. such as, transforming cities during financial crises, paradigm shifts in compensation practices, strategies for city managers during stressful times and how cities can recover after bankruptcy. 0 He has been published in the Wall Street Journal, Sacramento Bee, Public Administration Review and Bond Buyer. ,o L W Bob received his MPA from Lewis and Clark College and his BS from California State � University in Sacramento. a _ d E m a, _ s .3 c� L 0 U to 00 LO M T- r N r r m t x w 0 a 0 L a N L d L _ d E d 0) cc _ it _ 4) U lSS d Packet'Pg.387 Page 10 7•A.C ' Mr.Allen J.Parker Pa g ROBERT C. LELAND m Cn L Bob Leland, Senior Manager,joined Management Partners in 2012 after 37 years of experience ° in state and local government finance. He was director of finance for 26 years for the City of A a Fairfield, California, a city long known for its entrepreneurial management and long-term financial planning. He previously served as assistant finance director for the City of c Sacramento,where he managed the city budget, and as a staff consultant to the Assembly U Revenue and Taxation Committee, where he drafted and analyzed legislation and worked on the team implementing Proposition 13. Since 2010 he has consulted in his area of special expertise, municipal budgeting and long-range forecasting. Bob has been a leader in his profession,having been elected by his peers as president of both a- the California Society of Municipal Finance Officers and the League of California Cities' Fiscal Officers Department. He also served on the League's board of directors and worked on several League task forces including Prop 1A. He has served on several statewide bodies, including the California Debt and Investment Advisory Commission, the California Asset Management Program (as a founding member and 3 president), and the California Statewide Communities Development Authority. He also served i as a member and chair of the City of Davis' Finance and Economics Commission. c U Bob was the recipient of the 2010 Award of Excellence in Public Finance from the California Public Securities Association, which recognizes exceptional work, creativity, service and co leadership by a municipal finance professional. d Bob earned a bachelor's degree in political science from the University of California at Santa Barbara and a master's degree in public policy from the University of Michigan at Ann Arbor. m X W 0 0. 0 L CL L _ L a c m E m a� ca �a :.o m Q Packet Pg.388 7. Pa e 11 A.c Mr.Allen J.Parker g DAVID N. MILLICAN m Cn L David Millican,Special Advisor,has been committed to government management,municipal w finance and urban economics since he started his career.He has served as a Peace Corps volunteer in 2 Afghanistan,was the practice leader for state,local and not-for-profit organizations for the San a Francisco office of a major CPA firm,was vice president for a multi-application municipal information system software supplier and served as the chief financial officer of four cities. He also contributed as a problem solver and negotiator for complex land use entitlements, ,0 Cn developed comprehensive development impact fee systems, settled lawsuits and claims, structured m multi-vendor franchise agreements,negotiated labor contracts and formed redevelopment project areas obtaining approval of major plan amendments. Dave developed a broad knowledge of project a management,policy and contract decision process design and community outreach to citizens and m business, other agencies and special interests. aEi a� �a While serving as the chief financial officer of the cities of Burlingame, South Lake Tahoe, and = c� Fremont, California;and Santa Fe New Mexico for over 27 years,he dealt with resource limits caused by taxpayer revolts, seizure of local revenue sources by the state and severe economic 3 dislocation resulting from the high-tech crash at the beginning of this decade.While meeting those challenges he successfully used participative budget and change management processes that c included policy makers, executive leaders,employees and labor leaders,and other stakeholders to 0 U develop action plans to redefine services and change city financing structures. m 00 Fremont,in particular,faced opportunities and challenges as a growing high tech center,the fourth largest city in the San Francisco Bay Area and one of the most diverse cities in the country. In Santa Fe, a tourist destination second only to New York and San Francisco,he successfully negotiated the rescue of a failing 150 year old private college with minimal cost and risk to the City. m Dave served as a member of the Board of Directors of the California Society of Municipal Finance Officers(CSMFO), as a member of several League of California Cities(LOCO)policy committees, as w a member of the California Committee on Municipal Accounting and as a member of the y CSMFO/LOCC joint task forces on government reorganization,the League's working group on 0 0. "triple flip" implementation and the contract agency task force on California Public Employee a Retirement System rate setting and services and services to contract agencies. Recently he served as L a member of the Government Finance Officers Association technical advisory committee on fiscal first aid and recovery. a With Management Partners,Dave has advised clients throughout northern California on financial m E management matters.Notable on the list of those clients are the cities of Vallejo and Stockton as they were working through very difficult bankruptcy issues. Dave is an accounting graduate of the University of California at Berkeley and did graduate work and taught accounting at the University of Texas at Austin. E Q Packet Pg.389