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HomeMy WebLinkAbout06 - CC-8 - Extension of Existing PSA w/ Management - 5/17/2011CITY COUNCIL AGENDA REPORT MEETING DATE: May 17, 2011 ITEM NUMBER: SUBJECT: EXTENSION OF EXISITNG PROFESSIONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS FOR INTERIM MANAGEMENT ASSISTANCE DATE: MAY 11, 2011 FROM: CHIEF EXECUTIVE OFFICE PRESENTATION BY: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER FOR FURTHER INFORMATION CONTACT: DANIEL K. BAKER AT (714) 754-5156 RECOMMENDATION Staff recommends that the City Council authorize the City CEO to extend the existing Professional Services Agreement (Attachment A) with Management Partners Inc., for Interim Management Assistance, in an amount not to exceed $120,000. BACKGROUND In March of 2011, the City entered into two (2) Professional Services Agreements (PSA) with Management Partners Inc. The first PSA was for an organizational review of the Police Department, which is currently near completion. The second PSA was to provide the city with interim management assistance. The PSA for interim management assistance stated that Management Partners was to provide the City with between 16 and 20 hours per week of interim management services. The total contract amount was a not exceed $25,000. In April of 2011, Administrative Services Director, Steve Mandoki, separated from the City and Ms. Tamara Letourneau, Senior Manager with Management Partners, was named Interim Administrative Services Director under the existing PSA. Ms. Letourneau is currently providing 30 hours a week of management assistance as the Interim Administrative Services Director. Due to the increase of hours, the funds originally allocated in the original PSA will be expended as of May 20, 2011. Therefore, staff recommends increasing the existing PSA with Management Partners to compensate for additional responsibilities associated with the Interim Administrative Services Director position. ANALYSIS Although this position is slated for outsourcing it was determined that Ms. Letourneau could provide the necessary managerial experience to complete the FY 11-12 budget process as well as oversee the development of the required Requests for Proposal for outsourcing of certain Administrative Services Department functions. 1 Increasing the existing PSA will allow Management Partners and Ms. Letourneau to continue to provide the City with the necessary managerial experience to complete the above mentioned tasks. ALTERNATIVES CONSIDERED: An alternate consideration would be to not fill the Administrative Services Director Position. The responsibilities listed above and all other duties originally assigned to the position will be allocated to existing staff for completion. Given the high volume workload of existing staff this is not a feasible alternative. In addition, the CEO could administratively fill the position with an interim employee or another consultant. FISCAL REVIEW: Currently, at top step salary as budgeted, the Administrative Services Director position has a total compensation of $119.91 per hour. Based upon an 80 hour pay period and 16 pay periods left in 2011, the total compensation for the Administrative Services Director Position equates to approximately $153,000. Comparatively, Ms. Letourneau is currently providing 30 hours a week as the interim Administrative Services Director. The firm of Management Partner's hourly rate is $120 per hour plus expenses. Based upon a 60 hour pay period and 16 pay periods left in 2011, the total compensation for the Interim Administrative Services Director Position equates to approximately $120,000, which includes up to approximately $3,700 in mileage reimbursement. LEGAL REVIEW: No legal review is required for this item. CONCLUSION: Staff recommends that the City Council authorize the City CEO to extend the existing Professional Services Agreement (Attachment A) with Management Partners Inc., for Interim Management Assistance, in an amount not to exceed $120,000 for the remainder of 2011. DANIEL K. BAKER TERRY MATZ Management Analyst Interim Assistant Chief Executive Officer ATTACHMENTS: 1 Professional Services Agreement with Management Partners Incorporated. for Interim Management Assistance oil ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT FOR INTERIM MANAGEMENT ASSISTANCE THIS AGREEMENT is made and entered into this 15t day of March, 2011 (`Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and MANAGEMENT PARTNERS INCORPORATED, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant provide interim management assistance as described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; 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 Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby Agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Set -vices. Consultant shall provide the professional services described in the Consultant's proposal attached hereto as Exhibit "A," and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a mamier 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. It is understood that in the exercise of every aspect of her role, within the scope of work, Ms. Letourneau will be acting as an advisor to the chief executive officer, and all of her actions, communications, or other work, during her employment, under this contract is under the direction of the Chief Executive Officer. 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 Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the ATTACHMENT 1 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 attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, 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. 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 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 employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall provide interim management assistance at a rate of $120 per hour, for Tammy Letourneau. During this engagement, the actual consultant hours spent, along with travel expenses, will be reimbursed by the City. Consultant's compensation shall in no case exceed Twenty Five Thousand Dollars ($25,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in its Proposal unless the City or the Project Manager for this Project, 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. 2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City receives said invoice. Each 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 identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement 2 Management Partners Inc-Interini PSA -11 ATTACHMENT 1 shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement, 3.2. Excusable Delays, Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4,1. Term. This Agreement shall commence on the Effective Date and continue for a period of one year, ending on March 1, 2012, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation, In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, reaps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 3 Management Partners Inc -Interim PSA -11 ATTACHMENT 1 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive 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. (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), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving, subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be 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 Costa Mesa shall be excess and not contributing with the insurance provided by this policy." 5.3 If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 4 Management Partners Inc -Interim PSA -11 ATTACHMENT 1 5.4. 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. 5.5. 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 may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties 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. 6.2. Representatives, The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Lonsurtant snarr designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices: Any notices, documents, correspondence or other communications 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 e) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Management Partners Incorporated 1730 Madison Rd. Cincinnati, OH 45206 IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 5 Management Partners Inc -Interim PSA -11 Tel: 408-437-5400 Fax: 408-453-6191 Attn: Tamara Letourneau Tel: 714-754-5156 Fax: 714-754- Attn: Daniel K. Baker ATTACHMENT 1 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "B" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. 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 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing: 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 agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assipnmen : Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent; no subletting or assignment shall release Consultant of Consultant's obligation to perforin all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless: Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.10. Independent Contractor: Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of 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. 6.11. Ownership of Documents: All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be 6 Management Partners Inc -interim PSA -11 ATTACHMENT 1 and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.12. Public Records Act Disclosure: Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that tern is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.13. 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 necessary design drawings, estimates and 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. 6.14. Prohibited Employment: Consultant will not employ any regular employee of City while this Agreement is in effect. 6.15. Order of Precedence: In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of Consultant's proposal, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the Proposal. 6.16. 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 expressly provided herein. 6.17. No Third Party Beneficiary Rights: This Agreement is entered into for the sole 7 Management Partners Inc -interim PSA -11 ATTACHMENT 1 benefit of City and Consultant and no other patties 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. 6.18. 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. 6.19, Construction: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.20. Amendments; Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.21. 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 the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.22. Severability; If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision{s} through good faith negotiations. 6.23. 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 constitute one agreement. 6.24. 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 that by doing so, the patties hereto are formally bound to the provisions of this Agreement. 8 Management Partners Inc -interim PSA -11 ATTACHMENT 1 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 COSTA MESA, A municipal corporation /A " City Manager of Costa Mesa CONSULTANT Signature Date: Date: 3 d ! - i k v iL� f1��cJ `� v wee Y f�nti' SSG -f-a Name and Title SJocial Security or Taxpayer ID Number APPROVED AS TO FORM: . � I Ty City Attorney 4 APPROVED AS TO INSURANCE: Dater Date: 7Risk*gcIt APPROVED AS TO CONTENT: 7w 34� Date: '� 142)�'l% Project M pager 9 Management Parhiers PSA 11 ATTACHMENT 1 EXHIBIT A CONSULTANT'S PROPOSAL and SCOPE OF SERVICES 10 Management Partners Inc -Interim PSA -11 Mr. Tom Hatch Assistant City Manager City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Dear Mr. Hatch: ATTACHMENT 1 I N C O R P O R A T E D January 11, 2011 Thank you for the opportunity to submit a proposal to provide interim management assistance in the City Manager's Office and congratulations on your promotion to the position of City Manager! With your promotion (effective in March) the position of Assistant City Manager will be vacant and there are important assignments that will need attention. Therefore the City is interested in interim management services. Tamara (Tammy) Letourneau, Senior Manager with our firm is available to provide experienced management assistance to you as the Interim Assistant City Manager. Before discussing our approach to interim management assistance, I would like to tell you about Management Partners. The company was founded in 1994 with a specific mission to help local government leaders improve their service to the public. We have worked with hundreds of public sector organizations in a variety of capacities. We serve clients throughout the United States from one of our three offices in Irvine, California; San Jose, California; and Cincinnati, Ohio. The firm is comprised of former city and county managers and other professionals providing expertise in specialty areas of facilitation, public works, public safety, finance, development, and human resources. Our consultants carry out a full range of projects for local government leaders including strategic planning and goal setting, teambuilding, organization reviews, feasibility studies, performance evaluations, project management, executive coaching, performance management, and process improvement/reengineering studies. We also provide interim management services and are currently providing such services to several cities and counties in California. Management Partners has a track record of quality service to numerous local governments throughout the United States. Each assignment we undertake receives careful, professional attention. Our consultants are carefully selected and trained and, during an interim assignment (or any project), can be counted on to provide high quality, experienced, professional and ethical local government management services from "day one" on any assignment. Moreover 2107 North First Street Suite 470 www.managementpar ners.com 408 437 5400 San Josh, CA 95131 Fax 453 6191 ATTACHMENT 1 Mr. Tom Hatch City of Costa Mesa Page 2 we provide interim staffing on a clear-cut contract for services basis with none of the complications or costs associated with employment. Our Understanding of the Assignment We understand that once you move into your new position as City Manager there will be a need to fill your current role as the Assistant City Manager to meet the needs of the organization and the community. When Tammy begins to work with you, you will provide her with a list of assignments. In general, Tammy's role will be to assist you with special projects, specifically those projects related to organizational development. Additional assignments may be added by you as you deem necessary during her service to the City. Tammy will provide the City with between 16 and 20 hours per week of interim management services. The hours will be determined based upon the workload. While the hours are flexible, she will work on site at least two days a week depending upon the needs of the City. If the City desires to have Management Partners' assistance on projects requiring additional team members, our firm has the skills and abilities to provide such additional assistance to the City of Costa Mesa. Should that be the case, we will prepare a separate scope and cost proposal for each project for your approval prior to beginning additional work. Consultant Tamara Letourneau, Senior Manager Tamara Letourneau has 20 years of local government experience. Since joining Management Partners she has assisted several clients including the City of Ceres, County of Napa, and San Diego State University, with organization reviews in the areas of library services, human resources, public safety, administration, and information technology and developed a Strategic Plan for the City of Ceres Fire Department. Tammy also assisted with a ballot initiative analysis for the City of Fillmore, a business license review project for the City of Rosemead, and a development review for the City of North Las Vegas, Nevada. Before joining Management Partners she served as the city manager of two California cities — Yorba Linda and Sierra Madre. She also served in the California communities of Claremont, Arcadia, and Monrovia where her responsibilities ranged from operating and capital budgeting, to labor relations and intergovernmental relations. In addition to her executive management experience she has extensive experience in organizational development, team building, and strategic planning. She has also taught local government at the university level. Fee Proposal Management Partners will provide interim management assistance at a rate of $120 per hour, which reflects a reduction of our regular consulting rate for Tammy Letourneau. During this engagement, the actual consultant hours spent, along with travel expenses, will be reimbursed by the City. Management Partners will bill the City monthly, based on the actual hours worked. Mr. Tom Hatch City of Costa Mesa ATTACHMENT 1 Page 3 We look forward to working with the City of Costa Mesa. Please feel free to call Tammy (714.458.8410) or me if you have any questions about this proposal or about our firm. Accepted for the City of Costa Mesa by: Name: k Title: Date: Sincerely, g15-' Andrew S. Belknap Regional Vice President N ATTACHMENT 1 CITY COUNCIL POLICY 100-5 11 Management Partners Inc -Interim PSA -11 ATTACHMENT 1 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a ding -free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds fi•om the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by. a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; 12 Management Partners Inc -Interim PSA -11 ATTACHMENT 1 ,SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 b. Establishing a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (S) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 13 Management Partners Inc -interim PSA -11 ATTACHMENT 1 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2, Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shalt be eligible for compensation as provided by law. 14 Management Partners Inc -Interim PSA -11 ATTACHMENT 1 EXHIBIT C CERTIFICATES OF INSURANCE 15 Managenimit Partners Inc -Interim PSA -11 ATTACHMENT 10p ID: MD '4� ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD1YYYY, 03/22/19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in Ileu of such endorsement(s). PRODUCERCONTACT 513-745-9200 THE HAUSER GROUP 8284 Northcreek Dr. Suite 200 513 -745-9219 Cincinnati, OH 45236 Hauser Insurance Group NAME: PHONE FAX Arc Ext) _. . Arc No); EMAIL PRODUCER CUSTOMER ID #: MAN -P-1 INSURER(S) AFFORDING COVERAGE NAIL # INSURED Management Partners, Inc. _ INSURERA:The Hartford Casualty Ins, Co. 22357 Gerald Newfarmer INSURERB:Lloyds of London X 1730 Madison Road Cincinnati, OH 45206W INSURERC: 09I28l10 09/28/11 PREMtSEs Eaoocu°nce S 300100 MED EXP (Any one person) $ 10,00 INSURER D' INSURER E: INSURER F: 7—A COVERAGES CERTIFICATE NUMBER: RFViSION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LFR TYPE OF INSURANCE DD UB ' POLICY NUMBER POLICY EFF MWDD POLICY EXP MWDDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIf11S-MADE X OCCUR X 33SBALU7089 09I28l10 09/28/11 PREMtSEs Eaoocu°nce S 300100 MED EXP (Any one person) $ 10,00 PERSONAL 8. ADV INJURY S 1,000,00 X Contractural GENERAL AGGREGATE $ 2,000,00 Liability GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - GOMPIDP AGG $ 2,000,00 POLICYX PRO LOC Ltd. EPL $ 5,00 A AUTOMOBILE X LIABILITY ANY AUTO 33UECT12490 09/28110 09128!11 COMBINED SINGLE LIMIT (Eaaocldent) S 1,000,00 BODILY INJURY (Per persoo) S X X ALL OWNED AUTOS SCHEOULEDAUTOS HIRED AUTOS BODILY INJURY (Per acc€dent) $ PROPERTY GE (P raccident) $ X NON-OWNEDAUTOS S S UMBRELLA LIAR I X OCCUR EACH OCCURRENCE $ 3,000,00 AGGREGATE $ 3,000,00 A EXCESS LIAB CLAIMS -MADE 33SBALU7089 09!28110 09128111 DEDUCTIBLE S $ X RETENTION S i0,000 A A WORKERS COMPENSATION AND EMPLOYERS'LUIBILITY ANY PROPRIETORIPARTNER"ECUTIVE YIN OFHCERIMEMB£R EXCLUDED? ❑ (Mandatory In NH) N r A �33WECRX9356 33SBALU7089 OH EMPL LI 09/28/10 03/01/11 09!28!11 03/01/12 X I WCSTATU- X OTH- TORY LIMIT E E.L. EACH ACCIDENT $ 1,000,00 E_L_DISEASE - FA EMPLOYEES 1,000,00 I[ yyes describe under DESCRIPTION OF OPERATIONS befow E -L. DISEASE - POLICY UtAfT I S 1,000,00 B Professional Liab MPL1008388 06120!10 06/20/11 1,000,00 $10,000 DEDUCTIBLE I �Ea.Clalm r Agg 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Costa Mesa is included as additional insured as respects to liability with regards to Normal Operations of the Named Insured. This Insurance Is Primary & NonContr(butary. CERTIFICATE HOLDER CANCFI I ATInN COSTAME SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Costa Mesa THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 77 Fair Drive ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa, CA 92626 AUTHORFZEOREPRESENTATIVE 8 -L - 'k4, ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD ATTACHMENT 1 POLICY NUMBER: 33SBALU7089 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies inWrance provides! Linder the following: ADDITIONAL INSURED - PERSON OR ORGANIZATION City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Fors IH 12 01 1185 Prinled in U.&A.