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HomeMy WebLinkAboutLARRY-HERRERA-CABRERA, LKHC CONSULTINGCity of Santa Ana t City Clerk AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. r R EG Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. / Is the agreement(s) a permanent record? Yes No Return form to the City Clerk's Office (M-30). Call 647-6520 if you have any questions. The agreement with COTC Office Use Only ' OF THE COUNCIL ! 10'23 Am9:30 No. /V -Zola — 034 was completed on ZO Z®1 and final payment has been made. (List all amendments. Use space below if needed.) — nc,. A -?.o1a - 03u-cl1 Department:y 0 Tc Phone/Ext.: Signature: Date: to 2� c;L�cl NIS N-2019-034 CONSULTANT AGREEMENT CITY OF SANTA ANA AND LKHC CONSULTING THIS AGREEMENT is made and entered into on this 19'b day of February, 2019 by and between Larry -Herrera -Cabrera, LKHC Consulting, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under die Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of: The City desires to retain a Contractor having special skill and knowledge in the duties, functions and mandates of the Office of the City Clerk. Particular areas of knowledge and operational experience required include: Elections and Government Code provision related to municipal elections, public records, statements of economic interests, and campaign finance reporting; City Council and advisory commission legislative processes; agenda development and public meeting practices; parliamentary actions; records management and processing of public and news media requests for public records; budget and human resource management; civic engagement and voter education; development and installation technologies and best workflow practices that improved service levels; assessment of organizational needs, workload and staff capacities; employee development the skills; and inter -departmental relations with the Office of Mayor, City Council and City Depaitnents. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rate of $100 per hour and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $25,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 19, 2019 for a six month term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and. other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be 2 limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than minimum coverages required under California law per occurrence. Such insurance shall include coverage for owned and non -owned automobiles. Consultant and City agree to waive the requirement of $1,000,000 automobile insurance requirement. C. Consultant and City agree to waive the requirement of Worker's Compensation Insurance due to not having any employees. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or emplovs a licensed professional such as an architect or engineer Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fiilly executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has 3 been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's, services are, subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created A! pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and fiuther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any 5 party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. fL�►F/71��1 Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager's Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Larry Herrera -Cabrera Owner LKHC Consulting 28086 Via Del Cerro San Juan Capistrano, CA 92675 Email: larryherrera@me.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. a. Each undersigned represents and warrants that its signature herein below has the N-2019-034 power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: i Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney o By: John F c Assistant City Attorney RECOMMENDED FOR APPROVAL: Norma Mitre Acting Clerk of the Council CITY OF SANTA ANA Steven Mendoza Acting City Manager CONTRACTOR: LARRY HERRERA-CABRERA �-Li,- ownLKHC Consulting N-2019-034 Exhibit A CITY OF SANTA ANA CLERK OF THE COUNCIL PROJECT PLAN Larry Herrera -Cabrera, M.P.A. LKHC Consulting San Juan Capistrano, CA larryherrera@me.com (562)607-3366 February 9, 2019 V1.3 City of Santa Ana Clerk of the Council Project Plan i February e, 2o3.q (v.j..1) Table of Contents PROJECTBACKGROUND.................................................................................................................................... 1 PROJECTGOAL.................................................................................................................................................... J. PROJECT RESOURCES AND PHASES 2 This Project will utilize existing FY 2oi8 appropriations to execute project phases below ............................... 2 PHASE i OBJECTIVES -- (COMPLETION DATE: March zosg, 20 hours per week).....................................................2 PHASE 2 OBJECTIVES -- (COMPLETION DATE: April zosg)......................................................................................3 PHASES OBJECTIVES -- (COMPLETION DATE: May -July zosg).............................................................................3 PROJECTSTRUCTURE......................................................................................................................................... 3 PROJECTMILESTONES....................................................................................................................................... 4 CLERK OF THE COUNCIL — CITY CHARTER AUTHORITY AND 2019 PROGRAM BUDGET ................................ 4 CityCharter Authority...............................................................................................................................................4 zosgProgram Budget................................................................................................................................................5 City of Santa Ana Clerk of the Council Project Plan 1 February g, zoig (v.3..3.) PROJECT BACKGROUND In early 201.9, the City of Santa Ana's successful and long -tenured City Clerk accepted employment with anotherjurisdiction In February zoig, executive management for the City of Santa Ana determined that subject matter knowledge and leadership could be enhanced with the retention of consulting services that will facilitate and maintain the expertise and professional development of staff in the Clerk of the Council. This Project Plan is intended to assist the Clerk of the Council Department in the timely and complete delivery of all its existing program services. LKHC will provide consultation and support in in these areas: 1. Staff Development - training, development and leadership in managing legislative, public records and election services; z. Council Meeting Management - LKHC will observe City Council meetings and recommend to the Clerk of Council how to work with the Mayor and Councilmembers to ensure the accurate and timely capture of motions, votes and other parliamentary actions; 3. Council Meeting Transcription — LKHC will assess and recommend methods by which real-time meeting minutes and voting are captured, either by voice capture technology or manually by an outside contractor; 4. FPPC Filings - Hands-on management and processing of FPPC filings, statements of economic interest and campaign finance filings, followed by training and transition of hands-on management and processing to Clerk of Council staff; 5. Granicus System Implementation — LKHC will provide project management (development of implementation plan, organization of project status meetings, system training, and system implementation/roll-out) related to the recent acquisition of the Granicus legislative management system. In this regard, Granicus' implementation team must be convened and collaborated with to ensure an acceptable roll -out plan; 6. Public Records Act Requests — LKHC will provide analysis of current public records request workflows followed by identification of "bottlenecks, causes and recommendations for potential improvements and new workflows in the processing of public records request in "high impact" departments (for example: The Police Department); and 7. Organizational Design — Identification, analysis and recommendations concerning organizational design and "bridge projects." PROJECT GOAL The purpose of this Project is to maintain an effective and efficient Clerk of the Council Department based on identifiable customer needs and workflow systems that eliminate redundancies, avoid rework, delay or breakdowns; and provide flexibility in the curing of current or future service demand challenges. City of Santa Ana Clerk of the Council Project Plan 2 February g, 2019 (v.s.$) Achievement of the forgoing goal will: i. Benefit the public, City Council, City Attorney, City Manager, City departments, staff and other "customers" that have stakeholder interest in the business processes of the Clerk of the Council Department; and 2. Save time and money, increase public record accuracy, and speed customer access to City Clerk services on a real-time and archival basis. PROJECT RESOURCES AND PHASES This Project will utilize existing FY 2018 appropriations to execute project phases below. PHASE i OBJECTIVES —(COMPLETION DATE GOAL: March —April 2019, Minimum- 20 hours per week) 1. Provide as needed consultation, guidance and support to the Assistant City Clerk, Deputy City Clerk and other staff, relative to Council meeting proceedings, review and final publication of City Council agendas and minutes; z. Processing and filing of all FPPC filings in a timely manner and within the required filing period. 3. Form a Project Executive Committee and Project Team consisting of City Clerk staff and departmental staff; 4. Define the current Clerk of the Council Department business processes; identify and analyze strengths, weaknesses, opportunities, and threats associated selected operations; and flowchart the selected process, from start to end; S. Review existing process documentation, relative to procedures, formats, and effectiveness; 6. Draft an updated Special Election Procedural Manual, followed training for processing of nomination and election consolidation documents (Completion Date Goal: March 1, zosg); 7. Perform walk-through analysis of current processes (practices), technologies (Granicus/Legistar, NetFile and Public Records Request System) and policies in order to implement Granicus/Legistar (Completion Date Goal: April 1, zosg) and administer NetFile for the timely processing of Form loos and Form 46os; 8. After review of NetFile FPPC functionality, provide training of staff in use of NetFile consistent with applicable statutes and regulations (Completion Date Goal: March 1, 2o1g); g. After review of Public Records Request System, provide recommendations for system improvements (Completion Goal Date: April 1, zosg); so. Review and assess the functionality of workload systems and best practices used by other cities that are similar in size and in the local region; is. Identify and recommend legislative and records management solutions and features that may eliminate redundancies, rework, and delay; City of Santa Ana Clerk of the Council Project Plan 3 February g, 2019 (y.1.1) 12. Identify transitional costs (i.e., data migration, staff rotations, and short-term staffing needs) and identify feasible bridge projects; 13. Perform a staff level comparison analysis with other cities that are similar in size and in the local region to identify additional staffing needed. 14. Attend City Council meetings in support of Clerk of the Council staff in order to ensure the accurate capture of motions and votes; and 15. Draft and deliver a report titled "Clerk of the Council — Program Assessment and Recommendations." 16. Provide additional support as needed and at the request of Acting City Clerk. PHASE z OBJECTIVES -- (COMPLETION DATE GOAL: April zolg Minimum: zo hours per week) i. Develop and implement a prioritized "program action plan"; z. Document progress for each action plan; 3. Serve as project manager for installation of Granicus legislative management system, with a completion date goal of April i, zoig. PHASE 3 OBJECTIVES -- (COMPLETION DATE GOAL: May - July zoig) 1. Inform/train City Council staff, departmental, and relevant stakeholders of City Clerk services, and if any, changes in workflow and service levels; and z. Transition toward program improvements approved by Project Executive Committee. PROJECT STRUCTURE The success of this Project Plan can be facilitated with establishment teams described as follows: PROJECT EXECUTIVE COMMITTEE (Membership by City Manager and Clerk of the Council) Members: City Manager, Assistant City Manager, Clerk of the Council and Deputy Clerks or other department representatives that may be assigned. Role: Define the Project, select Project Team members, determine needed resources, clear barriers, review Project Team progress, and ensure monitoring of changes. PROJECT TEAM: (Deputy Clerks, City Manager Executive Assistant, and other department representatives) Role: Participate in meetings, help with administrative tasks, do assignments between meetings, and meet with Project Executive Committee for reviews. The Project Team will have authority to collect data and request assistance from participating departments that are related to what is known as "the weekly agenda process." The Project Team will identify the major parts of the City Clerk process in order to find strengths and weaknesses of the current processes and tasks. In turn, the Project Team will recommend long and short-term improvements, and recommend selection of practices and processes that will lead to implementation of an enterprise -wide value/benefit. City of Santa Ana Clerk of the Council Project Plan February a. 2oia (v.1.1) PROJECT LEADER (Norma Mitre, Acting Clerk of Council, Deputy Clerks, and ) Role: Plan Project Team meetings, lead meetings, tasks, do tasks between meetings, request data, coordinate Project Team's work, meet wit recommendations or changes. 11 h handle meeting logistics and administrative information or records from departments, Project Executive Committee, make PROJECT FACILITATOR (Larry Herrera -Cabrera - LKHC Consulting) Role: Assist and lead meetings, prepare flow and brainstorming chart summaries, force clarification of issues, and keep the process moving. PROJECT FOCUS GROUP MEMBERS (Membership TBD) Members: (this group should consist of staff that perform the work and/or interact with the public.) Role: Define process descriptions, create vision, identify customer expectations, conduct SWOT, and prepare deployment process charts. PROJECT MILESTONES (GOALS) Project Start Date: February 18, zo1g. Phase i Completion Date Goal: March —April 2019. Phase 2 Completion Date Goal: April 2019. Phase 3 Project Completion Date Goal: May —July 2019. Project Team Meeting Dates: Weekly. Department Interviews: As necessary, TBD. Focus Group Meetings: Two to three 1-hour meetings which may focus on specific business process areas or more general discussions of "desirable" outcomes that would improve service levels, TBD. Executive Committee Meeting Dates: TBD. CLERK OF THE COUNCIL - CITY CHARTER AUTHORITY AND 2019 PROGRAM BUDGET In execution of this Project Plan, City Charter and Adopted Budget appropriations will guide and support the focus of the work to be performed. City Charter Authority As an officer of the City of Santa Ana, the Clerk of the Council serves at the pleasure of the City Council. Pursuant to City Charter Article VII, Section 702, the Clerk of the Council shall have the power and be required to: (a) Receive all documents addressed to the City Council and presentthese documents to the City Council; City of Santa Ana Clerk of the Council Project Plan February q, zolq (v.1.1) 5 (b) Attend all meetings of the City Council and its committees and be responsible for the recording and maintaining of an accurate journal of council proceedings and the recording of the ayes and noes in the final action upon the questions of granting franchises, making of contracts, approving of bills, disposing or leasing City property, the passage or reconsideration of any ordinance, or upon any other act that involves the payment of money or the incurring of debt by the City, and in all other cases upon the call of any member of the City Council; (c) Maintain the journal of council proceedings in books which shall bear appropriate titles, and which shall be available for public inspection; (d) Maintain separate books in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk of the Council annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this charter; and maintain all such books properly indexed and available for public inspection when not in actual use; (e) Have charge of the repository for contracts, surety bonds, agreements, and other related documents of City business; (f) Maintain custody of the City seal; (g) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City, and issue certified copies of official City records; (h) Conduct all City elections. The foregoing duties are supplemented by additional duties set forth in the Santa Ana Municipal Code. While the current Clerk ofthe Council business process has served the City of Santa Ana well, this Project anticipates that steps can be taken to minimize delay, redundancy, and rework of tasks associated with the drafting and review of staff reports, compilation of agendas, publication and distribution of agenda and staff reports, memorializing Council meeting proceedings and minutes, and creation of legislative histories. 2019 Program Budget The zolg Adopted Budgetthe Clerk of the Council "Statement of Purpose" reads as follows: "To facilitate the legislative policymaking process, to accurately record and validate the proceedings of the City Council, to provide fortimely and thorough access to the public record, to conduct the City's elections as required by the Charter and the Elections Code of the State of California and to carry out responsibilities mandated by the Fair Political Practices Act." In zoig, the Clerk of the Council will strive to achieve these objectives: i. Partner with the Orange County Voter Registrar's Office implemented creative and innovative methods to increase voter participation during aoig election year. City of Santa Ana Clerk of the Council Project Plan February g, zoig (v.i.$) 0 2. Manage the 2oig Election including nomination process for council candidates and manage/advise on best approach for Special Election City Measure, Voter Initiative Measure(s), and CharterAmendment(s). 3. Assist the City Manager with revisions needed on the zozo City Council Handbook. y. Develop training material for new incoming elected officials. S. Process appointment of approximately_ board/commission members post -election. 6. Automated contract insurance processes in coordination with Finance and City Attorney's Office. 7. Implement the Agenda Management System citywide; train employees throughout the City. 8. Biennial review of City's Conflict of Interest Code disclosure categories and City of Santa Ana Clerk of the Council Project Plan February o, 201Q N.1.1l N-2019-034 COMPENSATION RATE SCHEDULE TitleT.0(0.O0 Retainer ~�Consultant [ ___ IIotuly Rate.00/hour Upon execution of this Agreement, City shall pay Consultant a retainer of $1,000 ("Retainer"). After exhaustion of the Retainer, the City agrees to pay Consultant monthly, an hourly rate of one -hundred dollars ($100) in accordance with the payment rates and terms and the schedule of payment based upon actual time spent on the above tasks. EXPENSE REIMBURSEMENT. When travel is required outside of Orange and Los Angeles counties, Consultant shall be entitled to reimbursement from City for the following "out-of-pocket" expenses: airfare expenses, lodging, cab fare, and travel related meals in accordance with City's travel and reimbursement policy. Prior approval by the City is required for any travel for which expense reimbursement will be sought. CERTIFICATE OF LIABILITY INSURANCE CATE(MMIDDIYyyY) 02/14/2019 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(ies) 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 lieu of such endorsement(s). PRODUCER Hiscox Inc. d/b/al Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor CONTACT NAME: PHORLICNE (888) 202-3007 AIX No: tl EMAIL ADDRESS: contact@hiscox.com INSURERS AFFORDING COVERAGE NAIC# New York, NY 10022 _ INSURER A: Hiscox Insurance Company Inc _ 10200 INSURED LKHC Consulting 28086 Via Del Cerro INSURER B: INSURER C INSURER D I San Juan Capistrano CA 92675 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR I OF INSURANCE ADDLSUBRTYPE INSD WVD POLICYNUMBER MMIDDIYYVY POLICY EF OLICY EXP MMIDD YYYR&ADV LIMITS X' COMMERCIAL GENERAL LIABILITY RRENCE 5 2000,000 1"� CLAIMS -MADE � OCCUR PREMISES Ee occurrence $ 100,000 ny one parson) $ 5,000 Primary & Non Contributory INJURY $ 2,000,000 A X Y Y UDC-2086768-CGL-18 10/20/2018 10/20/2019&ADV AGGREGATE LIMIT APPLIES PER', GGREGATE $ 2000000POLICY GENE ❑ PRO- ❑ LOC ECT -COMP/OP AGO $ SIT Gen. Agg. $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accldenl $ BODILY INJURY (Par person) $ ANY AUTO _ ALL OWNED r -� SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Peraccident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE $ E%CESS LIAB CLAIMS: MADE _J DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN IPER OTH� STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/IdEMBEREXCLUDED7 ❑ NIA E. L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD IW, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana is listed as an Additional Insured. The Hiscox General Liability policy is primary and any other insurance maintained by the additional insured is excess and Non - Contributory subject to the policy terms and conditions. Cy.Yvif F CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza (M-30) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O. Box 1988 - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana, CA 92702-1988 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AM H ISCOX. Policy Number: UDC-2086768-CGL-18 Named Insured: LKHC Consulting Endorsement Number: 24 Endorsement Effective: February 13, 2019 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 6YN 1:1 bill 14 City of Santa Ana, Its officers, employees, agents, and representatives 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana,CA 92702-1988 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 acOR®® CERTIFICATE OF LIABILITY INSURANCE �....-� -DATE 02/13/ 019 V) 02/13/2019 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(ies) 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 lieu of such endorsement(s). PRODUCER HISCOX Inc, d/b/a/ HISCOx Insurance Agency GA g y In 520 Madison Avenue 32nd Floor CONTACT NAME: PHONND xt (868) 292-3907 A/C Nor: E-MAIL ADDRESS: contact@hiscox.com INSURERS AFFORDING COVERAGE NAIL# New York, NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED LKHC Consulting INSURER B 28086 Via Del Cerro INSURER C: INSURER D: San Juan Capistrano CA 92675 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR I WVD POLICYNUMBER POLICY EFF JMMIDDIYYYYJ POLICY EXP HMMIDDIYYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ❑ OCCUR DAMAGCLAIMS-MADE ES(TO RENTED PREMISES PREMISES RENT rrence) $ MED EXP (Any one person) S PERSONALBADV NJURY $ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ GEN'L POLICY IRI-JECT a LOC PRODUCTS - COMP/OP AGO $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraccident S _ 5 UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE BED RETENTION$ $ WORKERS COMPENSATION I PER 1OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDE D9 ❑ NIA — '- - $ (MandatoryinNH) E.L DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability UDC-2086768-EO-18 10/20/2018 10/20/2019 Each Claim: $ 1,000,000 Aggregate:$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ri"I(J II I u CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD