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HomeMy WebLinkAboutItem F (Continued) AGENDA STAFF REPORT DATE: February 13, 2017 TO: Honorable Mayor and City Council FROM: Jill R. Ingram, City Manager SUBJECT: AGREEMENT WITH ANDERSON PENNA FOR INTERIM COMMUNITY DEVELOPMENT DIRECTOR AND TEMPORARY CODE ENFORCEMENT SERVICES SUMMARY OF REQUEST: That the City Council: 1. Adopt Resolution No. 6714 approving an agreement with Anderson Penna to provide personnel to perform the services of Interim Director of Community Development and a temporary Code Enforcement Officer in a total amount not to exceed $133,300 and authorizing the City Manager to execute the agreement on behalf of the City, and 2. Authorize the City Manager to transfer salary savings from the appropriate Water, Tidelands, and Sewer accounts to the General Fund to cover the proposed services. BACKGROUND AND ANALYSIS: The City is in need of an interim Director of Community Development in the absence of the incumbent Director of Community Development who is currently on paid administrative leave. The City further needs a temporary' Code Enforcement Officer to provide services following the departure of a probationary employee. Anderson Penna ("AP") has an experienced, qualified available retiree annuitant, Scott Barber, who is available to perform the duties of Interim Director of Community Development. Mr. Barber has 28 years of experience in this type of position. AP can also provide temporary code enforcement staffing pursuant to their proposal (attached). AP specializes in project delivery for local and regional public agencies and special districts throughout the western United States. With an emphasis on practical, experienced, and cost effective solutions, AP's capabilities range from local agency public works improvements, to major transportation projects and public building facilities projects, as well as managing multi-project capital improvement programs for public agencies. In addition, AP has extensive Agenda Item F Page 2 experience providing interim staff for municipalities throughout California. AP is a California corporation headquartered in Newport Beach that has been in business since 2005. AP has previous experience working in Seal Beach, providing designs for a number of the City's alley projects, as well as generating the Westminster Avenue Storm Drain Report. AP has provided exceptional support to City staff in the aforementioned areas and have a stellar reputation working with municipalities across California. Mr. Barber will perform the functions and duties of the Director of Community Development that include planning, directing, managing, and overseeing the activities and operations of the Community Development Department, as well as providing highly responsible and complex administrative support to the City Manager during the period of the Director's administrative leave. Per the attached Agreement, the City will pay AP an hourly rate of $150, not to exceed $90,000 for up to six months of services, along with a maximum amount of $500 per month for mileage reimbursement. Under CaIPERS rules, Mr. Barber may work no more than 960 hours in a fiscal year. The City expects the assignment to be over prior to the end of six months and/or the expiration of the 9601 hours. The City Manager has interviewed Mr. Barber and reviewed his qualifications and determined that he is well-suited for this position. Additionally, AP would provide temporary Code Enforcement services to the City at the rate of $60 per hour plus mileage at the IRS approved rate. The contract limits total fees for temporary code enforcement services at a not to exceed amount of $40,000. Again, this position is intended to be a temporary assignment until a permanent employee is hired and takes over the position. FINANCIAL IMPACT: It is expected that the proposed cost of $133,300 for the interim services will be paid for with salary savings. Expenditures for the interim positions will b'e paid with accrued salary savings from Director of Public Works, Deputy Public Works Director and the Code Enforcement Officer. Transfers in the amounts of $21,864 from Water, $3,091 .48 from Tidelands, and $15,681.05 will be made to account number00.1-030-4400 and will be combined with salary savings in the General Fund to cover the contract amount. RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 6714 approving an agreement with Anderson Penna to provide personnel to perform the services of Interim Director of Community Development and a temporary Code Enforcement Officer in a total amount not to exceed $133,300 and authorizing the City Manager to execute the agreement on behalf of the City, and Page 3 2. Authorize the City Manager to transfer salary savings from the appropriate Water, Tidelands, and Sewer accounts to the General Fund to cover the proposed services. NOTED AND APPROVED:" Patrick Gallegos Assistant City Manager Attachments: A. Resolution No. 6714 B. Agreement RESOLUTION NUMBER 6714 A RESOLUTION OF THE. SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT WITH ANDERSON PENNA TO PROVIDE PERSONNEL TO SERVE AS INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT AND PROVIDE TEMPORARY CODE ENFORCEMENT SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves that certain agreement between the City and Anderson Penna dated February 14, 2017 to provide personnel to serve as Interim Director of Community Development, and to provide temporary Code Enforcement services for up to six (6) months in a total amount not to exceed $133,300.00 as set forth in the agreement. Section 2. The City Council hereby authorizes the City Manager to execute the agreement and further authorizes the City Manager to terminate the agreement at such time as the services are no longer needed. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2017 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Sandra Massa-Lavitt, Mayor ATTEST: Robin L. Roberts, MMC, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6714 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of February , 2017. Robin L. Roberts, MMC, City Clerk PROFESSIONAL SERVICES AGREEMENT Between ose tc\ 5EA( % x, i0! 5-c$ 16F�eFq 27 10,'x-><Q-2. ► r' �'� ��(1NT`I GP City of Seal Beach 1211 8th Street fir; wzi. SealiBeach, CA 90740 g. derson Penna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 949-428-1500 This Professional Service Agreement ("the Agreement") is made as of February 14, 2017 (the "Effective Date"), by and between Anderson Penna Partners, Inc. ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 2 of 10 RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with the personnel to perform such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services p y4 1 .1. Consultant shall provide the specific designated personnel to perform those services ("Services") set forth in Consultant's proposal dated February 7, 2017 and attached as Exhibit'4, which ishereby incorporated by this reference. Specifically, Consultant shall provide the personnel designated in Exhibit A to serve as City's Interim Director ofrtCommunity Development and to provide temporary municipal codeenforcementservices. To the extent that there is any conflict between Exhibit A' andtY%s.. Agree ent, this Agreement shall control. 1.2. Consultant shall%'that its employees perform all Services under this Agreement in ace d nce withgthe stantlard of care generally exercised by like professionals under, similar circumstances and in a manner reasonably satisfactory to City. 1:3. In performing this Agreement, Consultant and its employees or agents shall complyawith all applicable provisions of federal, state, and local law.i11.4. Consultantwill not be compensated for any work performed not specified 'in the Scopeof Services unless the City authorizes such work in advance andin writing The City Manger may authorize extra work to fund unforeseen conditionstup to the amount approved at the time of award by the '�'6r✓e{z'o City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of up to six months or a. maximum of 960 hours service as Interim Community Development Director in a fiscal year unless previously terminated as provided by this Agreement. 3 of 10 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates and mileage reimbursement amounts shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total amount of $133,300.00. 4.0 Method of Payment 4.1 . Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services,were rendered and shall describe in detail the services rendered during tthe; period, the days worked, number of hours worked; the hourly rates charged, and theservices performed for each day in the period. City will pay Consultant within 30ays of receiving Consultant's invoice unless City gives Consultant notice that someamount in the invoice is disputed, in which case the parties shall meet and confer to resolve such dispute. City will not withhold anyZapplicable federal or state payroll and other required taxes, or other authorizeddeductions from payments made to Consultant. ity astoa 4.2. Upon 24-hour notice rom',City Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all recordsinvoicestime cards, cost ontrol sheets and other records maintainedy Consultant intconnection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreemen% A 5.0 Termination nfpnfi .74, /5:1, This''Agreemennt may be terminated by City, without cause; or by Consultant based on'�re onable,cause, upon giving the other party written.notice thereoflnot less than 154days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or /arri ti replacement of comprehensive general liability insurance as required by this Agreement at least20 days before the expiration date of the previous policy. 6.0 Party.Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Scott Barber is the Consultant's primary representative for purposes of this Agreement. 4 of 10 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street y Seal Beach, California 90740 Attn: City Manager To Consultant: AndersoriPenna 373.7 ch Street, Suite 250 Newport 60 Beach, CA 926 ant/Stephen G. Badum PE. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the.method of service. * , ` 1'71 1414r V5.;, t5,54intelay. .45 wis.924. 5 of 10 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to.this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. However, only the individuals listed in Exhibit A shall be deployed by Consultant to perform the Services. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement said as required by law. Consultant shall be responsible for all reports and obligations respecting such additional. personnel, including, but not limited tosocial security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City an* dits elected officials, officers, employees, servants, designat d volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs°andexpenses,of-any nature to the extent arising from Consultant's personnel pract ces. City shall have the right to offset against the amount of any fees due to Cor Itant under this Ag1eement any amount due to City from Consultanbas a result of¢Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors ere e No portion of-°this Agreement shall besubcontracted without the prior written approval theCity. Consultant is fully responsible to City for the performance of any and subcontractor's'? 10.0 Assignment Consultant:shall of assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided ievidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this 6 of 10 Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do bus ess in California, and satisfactory to the City. Coverage shall be at leastas`broad as the latest Version of the following: (1) General Liability: InsuranceServicesOffice Commercial General Liability coverage (occurrence form; '>0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form numbeCA 0001, code 1 (any auto); and, if required by the City;(3) Professional LiabilityConsultant shall maintain limits no less than '(1r) General Liability: $2,00,0,000 per occurrence for bodily injury, personal injury an property damage and if Commercial General Liability Insurance or otheejtform with a general aggregate limit is used, either the general agggregate limitsshall apply separately to this Agreement/location or the generaaggregate lintel' be twice the required occurrence limit; (2) Automobile Liability: $100;000 pe%accident for bodily injury and property damage;y and (3) Professional Liability: $1,000,000 per claim/aggregate. 6t, VORX g. 11.3. The g surance policies shall, contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state:,(,t) coverage shall notsbeuspended, voided, reduced or canceled except er30 days prior written notice by certified mail, return receipt requested, has beentlgive too the City; (2) any failure to comply with reporting or other rovisions of the olicies including reaches of warranties, shall not affect p P 40 g coverageprovided to the City, its directors, officials, officers, (3) coverage shall be primary insurance Eas respects the City, its directors, officials, officers, employees, agents and,olunteers, or if excess, shall stand in an unbroken chain of coverage a cx ess of'the Consultant's scheduled underlying coverage and that any insurance or eIf-insurance maintained by the City, its directors, officials, officers, employees(agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials; parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, 7 of 10 operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 1,1.4. All insurance required by this Section shall contain standard separation of insureds provisions and shalt not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the. City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2).the Consultant shalltprocure a bond guaranteeing payment of losses and related investigation costsclaims and administrative and defense expenses. yq 12.0 Indemnification, Hold Harmless, and Duty to Defend cV Consultant shall defend, indemnify, and hold arthe City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenssees, liability, loss, damage or injury, in law or equity, to property or persons, including,wrongful death, in any manner arising out of or incident to any, acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without lim tation the payment of all consequential damages and attorneys' fees and other related ed costs nand expenses, except for such loss or damage arising from the sole negligence r willful misconduct of the City. With respect.to an and all suchoaforesaidGsuits; actions, or other legal proceedings of every kindhatmay be brought or instituted against Indemnitees, Consultant shalladefend Indemnitees,at Consultant's own cost; expense, and risk, and shall pay and satisfy any judgment, ward, or decree that may be rendered against Indemnitees. Consultanshall reimburse City and its directors, officials, officers, employees, agents and/or. volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provid d. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination 8 of 10 includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Ser Viaes. 15.0 Entire Agreement This Agreement contains the entire agreemenof the parties/wth respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only,betmodified by a writing signed by both parties. gEr 16.0 Severability ; The invalidity in whole or in par /o any provisions!bf,this Agreement shall not void or affect the validity of the otherJprovisions=of this Agreement. rye 17.0 Governing Law czg This Agreementshall be governed by and construed in accordance with the laws of the State of California. tneatt. 7'141' 18.0 No Third:;;Party Rights No third party shall bedeeemedtto have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver, No waiver of any,default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. 9 of 10 Consultant further covenants that, In performance of this Agreement, no person. having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1.090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona%ftl employee working exclusively for Consultant, to solicit or obtain this/Agreement. Nor has Consultant paid or agreed to pay any person or entitykother than a bona fide employee working exclusively for Consultnt, any feecommission, gift, percentage, or any other consideration contingent upon theexecution of this Agreement. Upon any breach or violation of this warranty, C yshall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to. Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and, maintains that it has no knowledge that any officer or employee of City has any nterestlewhether contractual; non- contractual, financial, proprietary, 'or otherwise, in this transaction or in the business of Consultant,and that if any such interest comes to the knowledge of rd . Consultant at anyAter during the term of this Agreement, Consultant shall immediately maka complete, written disclosure of such interest to City, even if such interest would not be deemed at rohibited "conflict of interest" `under applicable laws asdescribed:in this subsection. 21.0 Attorneys'Fees If either party commences an action. against the other party, either legal, •administrative or otherwise, arising out of or in connection with this Agreement, the pre a B ing party in such litigation shall be entitled to have and recover from the losing party all of itsspattorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein: In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority 10 of 10 The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT By: By: r Jill R. Ingram, City Manager , . Name: Stephen G.'Badum, PE Attest: Its: Vice% President, Municipal and Engineerinq Services By: w Robin L. Roberts, City Clerk 'Y t• �ti 4 M �1 Y Approved as to Form: 4Tir By. 57T Craig5AtSteele City Attorney 4 "ire itt, `"(t' 11 of 1.0 ANDERSON• PENNA • PARTNERS IN PROJECT DELIVERY • February 7,2017 Jill Ingram City Manager City of Seal Beach 211 Eighth Street, Seal.Beach,,CA 90740 Subject: Professional Interim Community,Development Director Services Dear Ms.Ingram, Anderson Penna Partners,Inc.(APP)is pleased to submit this proposal to provide the City of Seal Beach(City)with interim community development director services.We understand the assignment will consist of a period of six(6)months and is subject to City Council approval. We also understand that the City is in need of municipal code enforcement services,which APP can also provide. Interim Management Services APP proposes Scott Barber as interim community development director for the City.Scott has extensive experience in managing planning,building and economic development services.He brings 28 years of local government experience, creating success through outstanding innovation and strategic partnerships,coupled with a fundamental and deeply ingrained understanding that public trust is earned each day and must never be taken for granted.Scott Barber has the specialized skills that are required for this interim position and is an excellent fit for the City. Mr.Barber will be available to the City for an equivalent of three days per week.Scott is also available for additional hours at the start of the interim services period. He is also available for limited hours outside of normal business hours such as Council or Commission meetings,public workshops or meetings and'special events as required. APP understands that this interim appointment of a CaIPERS retired annuitant is subject to Government Code Section 21221(h)-specific requirements and that the City will pass a resolution that will address the following: • The interim position is for a fixed duration,six months. • The City will declare that this interim.position and Mr.Barber's skill level is required for the continuation of vital City services. • The interim position shall be limited to a maximum of 960 hours per fiscal year. • APP shall establish the hourly rate of pay to Mr.Barber to be not less than the minimum nor exceed the maximum monthly base salary of the City's current position divided by 173.333 hours. Optional Code Enforcement Services APP's Code Enforcement Division is equipped to handle program analysis and implementation,training and temporary staff assignments to assist the City for its municipal code enforcement needs. APP'S Code Enforcement Division is managed by Doug Leeper Mr:Leeper has over 30 years of experience in public safety and code enforcement including developing, implementing and managing code enforcement programs. APP maintains a staff of qualified code enforcement officers that may meet your needs.We have included.Vivian Jaramillo's resume,our proposed candidate,for your consideration.Mr. Leeper is also available for special projects and program consulting. 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH..CA 92660 • 949 428 1500 WWW.ANDPEN.COM 1 225 W. 1907H STREET. SUITE 255 • GARDENA, CA 90248 • 310 359 1 203 CERTIFIED DBE City;of-Seal Beacll February 7„2017 ANDERSON•PENNA Paget Project Fee and Schedule Interim Management Services The APP hourly billing rate for this position is$150 per hour.The estimated duration of services will be six(6)months(24 weeks @ 24 hours per week)after City Council approval and notification to proceed.This rate includes the allowed pay rate per Government Code 21221(h)and APP's overhead costs which includes: sick,vacation,and holiday pay;medical insurance including medical,dental,and vision plans;payroll taxes;401 K plan;worker's compensation insurance;and liability insurance. Estimated Total Fee,(approx.600 hours at$150 per hour): $90,000 Transportation costs,(max six months at$500 per month): $ 3,000 Code Enforcement Services The APP hourly rate for Code Enforcement Officer is$60 per hour.We also charge mileage at the standard IRS rate for assignments within the City(non-commute). Ms.Jaramillo is available immediately and can work part or full time. Should you have any questions,please do not hesitate to contact me at(949)795-9068 or sbadum @andpen.com Sincerely, AndersonPenna Partners,Inc. f Stephen G.Badum,PE Vice President,Municipal and Engineering Services Aa!5 se 12:25-4-7- '_ / Professional Interim Community Development Services for the ;„. City of SealSeach Scott Barber Scott Barber brings 29 years of local government experience,creating success through outstanding innovation and strategic partnerships,coupled with a Public Administration fundamental and deeply ingrained understanding that public trust is earned each day and must never betaken for granted.Scott also has extensive experience in Education development processes and economic development activities related to business MBA/1999/Business/California attraction through entitlement and permitting incentives.He has excellent Baptist University,Riverside communication skills and presentation skills,combined with solid budgeting and BA/1983/Theater Arts/ finance experience. University of California,Riverside RELEVANT EXPERIENCE Years of Experience Entered the profession in 1988 Code.Enforcement Program Review,City of Burbank,CA.Served'as executive management representation for the City's Code Enforcement Program Review project. San Mateo Sober Living Civil Case,County of San Mateo,CA.Served as expert witness for the County of San Mateo in defense of a federal civil rights complaint regarding housing discrimination. City Manager's Office,City of Riverside,CA.Served as city manager for the City of Riverside(City),a full-service, municipal corporation with annual budgets of approximately$1 billion and 2687 FTEs.The City is the 12th largest city in California and has a population of 308,511 citizens in an area of about 80 square miles.The City is unique from many other cities in California,as it has its own publicly owned utility(electricity and water)and operates a regional water quality control plant.Municipal services provided by the City include police,fire,roads,parks,museums,libraries,development services,an airport,and internal service functions in support of operational departments.The City has an elected Mayor, seven Councilmembers electedby wards,and is a charter city with a Council-Manager form of government.(08/2011- 12/2014) Responsibilities and accomplishments include: • Revised citywide budget procedures to increase transparency in the creation and tracking of project expenditures and strategic use of General Fund reserves. • Lead the stakeholder involved design process for the$45-mil lion reconstruction of the Riverside Convention Center. • Created the successor agency to the City's former redevelopment agency,and successfully lead the City to a"Finding of Completion"from the California Department of Finance for the long range property management of more than 30 properties,and the approval of$1.57 billion in Recognized Payment Obligation Schedule(ROPS)reimbursements. • Completed the construction of two new City parks(Doty-Trust and Ryan Bonamino),utilizing multiple funding sources(COPs,RDA bonds,inter-fund loans)fora total cost of approximately$14 million. • Lead the educational outreach for two citywide ballot measures reauthorizing a parcel tax for library services (Measure I),along with the reauthorization of a transfer of water utility revenue to the General Fund of$6.7 million annually(Measure A). Both measures passed by more than sixty-six percent(66%). • Revised the City's Economic Development Action Plan,embedding in the plan the principles of Riverside"Seizing Our Destiny",which is a community-based movement driving the City's economic future.The end result was anannual increase in local jobs of 3,200 private sector,along with 12,000 construction-related positions associated with various local and state transportation projects. • Reorganized City operations,merging art and culture functions with our municipal museum,the Development Department(that included Redevelopment)with our Community Development Department,and moved all capital projects(excluding park design)to our General Services Department. • Guided the"Business Ready Riverside"initiative,which included the implementation of electronic plan review (ProjectDox),creation of the"Business First"permit processing team who provide concierge service to new businesses 1 1 page ANDERSON•PENNA SEAL a1 = Professional Interim Community Development Services forthe - City of Seal Beach creating jobs in Riverside,and the approval of the City Council to move towards"Smart Codes"for the upcoming General Plan,cycle,which created form-based codes,eliminating the need for individual CEQA review on compliant projects within the Smart Code zones. Community Development Department(Department),City of Riverside(City),CA.Served as the community development director for the Department,which was formed during Fiscal Year 2005-06 by combining the Planning and Building and Safety Department with the Code Enforcement Division of the Public Works Department.(08/2005-08/2011) Responsibilities andaccomplishments include: • Lead the adoption effort for a new General Plan,Zoning Code,Smart Growth guidelines and implementation matrix for the City's GP 2025,which won a Southern California Association of Governments"Compass Blueprint"award for excellence. • Completed the reorganization and improvement of the Code Enforcement Division,including the creation of national best practices with the Neglected Property Abatement Team,as well as winning state and national awards for our marketing and outreach programs. • Lead joint community/elected/staff meetings to create"Neighborhood Plans",which are essentially neighborhood- based specific plans for the University and Eastside neighborhoods. • Assisted the City manager's office in outreach efforts to the environmental and historical communities,enhancing the City's representation and collaboration with these groups and the development community. • Assisted the City's economic development efforts through the creation of"fast track"programs,(business attraction through streamlined entitlement and permit processing)and developed the City's"Concurrent Processing" procedures,reducing an applicant's time and the costs associated with development projects. • Implemented the first"Incentive Based Green Building Program"in the State of California in collaboration with the Building Industry Association. • Budgeted,created and administered annual budgets ranging from$12 to$15 million. • Created a new revenue stream through the Neglected Property Abatement Program. • Selected and implemented new web-based code enforcement software(GoEnforce). • Revitalized planning division processes utilizing a staff-driven"Good to Great"approach,creating streamlined review guidelines and higher customer satisfaction. • Served as chairman of the Mobilehome Parks Rent Stabilization Board and implemented appeal processes and procedures. • Negotiated habitat transfers and removal of habitat designations on behalf of the City with the Regional Conservation Authority,Fish and Game,and Fish and Wildlife agencies. Transportation and Land Management Agency(TLMA),County of Riverside,CA.Served as assistant agency director/director of administration(08/2000-08/2005) Responsibilities and accomplishments include: • Managed.an annual budget of approximately$170 million($100 million in programmed capital improvements),with agency oversight of 900 staff members. • Created the Environmental Programs Department,including policy,procedure and mission implementation,creation of ordinances and operating guidelines,staffing and budgets. • Lead and/or assisted in the recruitment and hiring of three department directors(building official,transportation director and planning director). • Responsible for all administrative functions of the agency,including Information resources,purchasing,human resources,payroll,accounting,customer service,and asset management. 2 page /i ANDERSON•PENNA Professional Interim Community Development Services for the vim' City of Seal Beach Douglas Leeper Doug Leeper brings more than 30 years of public safety and code enforcement experience.For 18 years,Doug served as a code enforcement manager and Code Enforcement Manager consultant developing,implementing and managing code enforcement programs. Education/Courses Doug has written policies,procedures,educational and training manuals,grant Code Enforcement Application and applications and ordinances.He has participated as a speaker and panelist at local, Supervision/Rio Hondo Community state and national conferences addressing code enforcement.He has testified College before a congressional subcommittee on domestic policy and the California State Criminal Justice/Golden West College Assembly Banking/Finance and Judiciary committees, received the League of California Cities'Helen Putnam Award for Excellence in Internal Administration Mediation/University of CA,Riverside and was a finalist in the Innovations in American Government Awards sponsored Criminal Justice/San Bernardino by the Harvard Kennedy School's Ash Center for Democratic Governance and Valley College,San Bernardino,CA Innovation.Doug co-authored the second edition of"Code Enforcement:A Fire Science/University of Missouri, Comprehensive Approach"for Solano Press,released in 2016. Columbia RELEVANT EXPERIENCE Certifications Post Disaster Assessment and Code Enforcement Services Manager at AndersonPenna Partners,Inc., Management Certificate Newport Beach,CA.Manages code enforcement programs,staffing and training ICS 100—200—300(FEMA) for client jurisdictions throughout Southern California. Basic,Intermediate,Advanced and Consultant/Owner,Code Enforcement Solutions,City of Nixa,MO. Supervisory Code Enforcement Consultant and owner consulting with municipal governments nationwide— Basic Mediation Certificate specializing/focusing on code enforcement,criminal and administrative processes. POST Clandestine Performed organizational,process and efficiency reviews.Documented'current Methamphetamine Laboratory state processes and drafted future state processes with improvement and Identification Certificate efficiency recommendations.Trained staff on improvement techniques and code enforcement best practices.Drafted policies and procedures and served'as interim POST Field Training director/manager during consolidation and improvement efforts for cities Officer Certificate nationwide. POST Basic Law Enforcement Re- qualification Certificate Instructor,California Association of Code Enforcement Officers, POST Officer Safety and Field Sacramento,CA.Instructor creating and presenting courses for code enforcement officers and supervisors.Courses created and presented include: Tactics Certificate "Recognizing and Responding to Financially Distressed Properties","Best Practices POST Basic Law Enforcement in Code Enforcement"as well as intermediate and advanced code enforcement Officer Certificate modules.These are comprehensive one-week,40-hour certification blocks. POST Basic Law Enforcement Academy Certificate Code Enforcement Manager,City of Chula Vista,CA.Code enforcement Basic Fire Science Certificates manager supervising 18 full-time employees and eight volunteers and an annual budget of$1.4 million.Managed the enforcement of municipal laws involving Awards zoning,housing,public nuisances,illegal construction and dangerous buildings. Helen Putnam Award Served as prosecutor and clerk in administrative hearings involving violations of Harvard Kennedy School zoning,housing and business license and building codes and served as expert Innovations in American witness in court proceedings.Drafted municipal ordinances,set internal policy, Government Award evaluated subordinate employees,provided written and oral reports to mayor and SCACEO President's Award city council involving general programs,statistics and specific cases.Served as Years of Experience division public information officer which included numerous television,radio and Entered the profession in 1979 print media interviews.Made presentations to civic and professional groups, homeowners and neighborhood associations and other departments to promote 3 I page ,c ANDERSON•PENNA 6- c- Professional Interim Community Development Services for the =✓ City of Seal Beach city programs and community involvement.Drafted innovative residential abandoned properties registration and maintenance ordinance and enforcement program.Ibis ordinance/program became a model for nearly 2,000 jurisdictions throughout the nation.Drafted hospitality ordinance and permit to operate program establishing minimum housekeeping,security and management standards for hotels/motels.Drafted temporary sign placement in public rights- of-way permitting ordinance and enforcement program. Code Compliance Manager,City of Riverside,CA.Code compliance manager overseeing 24 full-time employees and an annual budget of$2.5 million.Responsible for management and supervision of the enforcement of municipal laws involving zoning,housing,public nuisances,illegal construction and dangerous buildings.Served as prosecutor and clerk in administrative hearings involving violations of zoning,housing,business license and building codes;served as expert witness in court proceedings.Drafted policies and procedures,set internal policy,evaluated subordinate employees, provided written and oral reports to mayor and council involving general programs,statistics and specific cases. Code Enforcement Field Operations Manager,City of San Bernardino,CA.Code enforcement field operations manager responsible for 29 full time employees and an annual budget of$2.9 million.Supported development of the code enforcement program during consolidation of various sections of four departments into one large code enforcement division.Managed and supervised enforcement of municipal laws involving zoning,housing,public nuisances,illegal construction and dangerous buildings.Served as prosecutor and clerk in administrative hearings involving violations of zoning,housing,business license and building codes;served as expert witness in court proceedings.Drafted policies and procedures,set internal policy,trained and evaluated subordinate employees,provided written and oral reports to the mayor and city council involving general programs,statistics and specific cases.Hired as a code enforcement officer,promoted to senior code enforcement officer and promoted again to field operations manager. Various Programs administered for the Cities of Chula Vista,Riverside and San Bernardino: • Reactive/pro-active code enforcement • Abandoned housing rehabilitation • Business license inspection/enforcement • First-time homeowner education • Unfair business practices enforcement • Owner-occupied residential grant program • Distressed property receivership • Exterior accessibility grant program • Dangerous building inspection/abatement • Zoning enforcement program • Lead paint inspection/abatement • Commercial improvement program • Rental housing inspection • Recordation/lien/assessment program • Mobile home park inspection • Full cost recovery program • Multi-family housing inspection • Illegal sign abatement program • Hotel/motel inspection • Abandoned vehicle abatement • Tenant relocation program • Hazardous weed/illegal dumping abatement • Neighborhood revitalization program • Graffiti abatement • Crime free rental housing education • Abandoned property registration program • Landlord/tenant mediation • Code enforcement volunteers program Police Officer,City of Branson,MO.Police officer patrolling assigned areas investigating suspicious activity to determine possible criminal activity,responding to calls for service,investigating reports of criminal activity interviewing victims witnesses and suspects,arresting violators,recovering evidence,writing detailed reports documenting all activities and observations;testify in court. Police Officer,City of Riverside,CA.Police officer patrolling assigned areas investigating suspicious activity to determine possible criminal activity,responding to calls for service,investigating reports of criminal activity,interviewing victims witnesses and suspects,arresting violators,recovering evidence,writing detailed reports documenting all activities and observations;testifying in court. 41 page ANDERSON PENNA Professional Interim Community Development Services for the City of Seal Beach Firefighter City.ofTrenton,MO.Firefighter maintaining all equipment,answering phones,providing information and dispatching assistance,responding;to calls for service,driving equipment to reported location,providing required Suppression/aid. Speaker/panelist/instructor at regional and national conventions and conferences of: • Mortgage Bankers Association • Federal Reserve Bank of San Francisco • California Mortgage Bankers Association • Federal Reserve Bank of Kansas City • United States Foreclosure Network • Chicago Metropolitan Mayor's Caucus • Real Estate Owned Managers Association • National Vacant Properties Campaign • National Service Providers Association • Center for Community Progress Reclaiming Vacant Properties Conferences 2010,2012,2014 and 2015 • California Escrow Officers Association • Land Banking Conference Kalamazoo MI 2012 • Pacific Southwest Association of Realtors • National Property Preservation Conference,Washington D.C.2004,2006,2007 and 2008 • San Diego Association of Realtors • National Edu-Code Conference,Las Vegas,NV 2005, 2010 and 2015 5 I.page , ANDERSON•PENNA scat 4{ s-9 Professional Interim Community Development Services for the City of Seal Beach Vivian Jaramillo Vivian Jaramillo(Kitty)has served as a code enforcement officer and a bilingual police community services'officer.Kitty is customer service focused,self-driven, Code Enforcement conscientious and is an effective officer/inspector.She has completed numerous Officer/Inspector classes in code enforcement as well as defensive driving,report writing,and investigative techniques.Kitty has exceptional communication and people skills. Certifications/Training The City of Santa Ana recommended and honored Kitty and three other City Legal Aspects employees for participation in a vehicle abatement program.She also participated Community Development in the documentation of a department procedure manual for the abatement of Community Action dangerous and abandoned buildings. Inspection warrants and RELEVANT EXPERIENCE Basic Plan Check Water Conservation Enforcement Officer,City of Tustin,CA.Provided water OC Sheriff PC832 Certification conservation enforcement services for water conservation regulations that SCACEO Supervisory Modules became effective in the City of Tustin on June 1,2015,as part of the state Awards declaration of drought and management of future water consumption:The work City of Fullerton Exceptional included enforcing the state mandate on water restrictions and managing a case Performance Certificate load within the City in support of its water conservation efforts.Coordinated with the City's Code Enforcement Division when required. Years of Experience Entered the profession in 1987 Community Preservation Inspector,City of Santa Ana,CA.Served as an community preservation inspector responsible for enforcing the City of Santa Ana Municipal Code regarding housing,zoning,vendor violations,vehicles abatement, sign and building codes.Responsible for monitoring three neighborhoods within the City,training new hires,issuing citations,participating in peer oral boards and report preparation. Code Enforcement Officer and Community Services Officer,City of Fullerton,CA.Served as code enforcement officer responsible for enforcing the City of Fullerton Municipal Code regarding housing,zoning,vendor violations, vehicles abatement,sign and building codes.As community services officer was responsible for conducting school programs,working with the school district, organizing Neighborhood Watch Groups,speaking and presenting to the community,patrol taking non-active police reports and administrative work. 61 page ANDERSON PEN NA