Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
KELLY ASSOCIATES MANAGEMENT GROUP LLC (KAMG) 1 - 2013
INSURANCE NOT ON FILE N- 2013 -102 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: ?—A '13 CONSULTANT AGREEMENT g= PAS (2) R� COY %z� THIS AGREEMENT, made and entered into this July , 2013 by and between KELLY ASSOCIATES MANAGEMENT GROUP LLC (KAMG), a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of public sector management consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant shall review the operations of the Community Development Agency ( "CDA ") and provide an organization audit of the CDA, including assessments of the existing organizational structure, budgetary and finance operations, management/supervisory span of control, and client services. The full Scope of Work is set forth in Consultant's Proposal dated July 8, 2013, attached as Exhibit A to this Agreement, and incorporated by reference 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the City Manager, or his designated representative, and the representative of the Consultant shall be William R. Kelly or his designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to City projects, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the City Manager and Consultant's representative. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept payment based on the hourly rates /activity table set forth in Exhibit A, with a not to exceed sum of Twenty Three Thousand Dollars ($23,000) to perform the six (6) tasks identified in the Scope of Work. b. Payment to Consultant shall be made as follows: 1. $7,000 upon execution by the City of Santa Ana. 2. $12,000 upon delivery of the Draft Report to the City Manager. 3. $4,000 upon presentation of the Final Report as directed by the City. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Each invoice shall list milestones delivered and /or activities completed and the payment due therefore. 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. 5. TERM This Agreement shall commence on the date first written above and continue until the completion of the Scope of Work within the time frame set forth in the Scope of Work, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. Consultant is aware of and acknowledges the provisions of California Government Code sections 21220 et seq., providing that, subject to certain specified exceptions, any person retired under the California Public Employees' Retirement System (PEAS) may not be employed in any capacity by a contracting agency such as the City unless he or she has first been reinstated from retirement pursuant to the provisions of the Government Code. Any employment of Consultant by the City contrary to the provisions of California Government Code sections 21220 et seq. may result in serious financial consequences for both Consultant and City. Should Consultant's services be deemed to violate these provisions, the parties agree that Consultant shall reimburse PERS for payments and charges finally imposed pursuant to Cal. Gov. Code §21220 (b), relating to a retired member's obligations. In such instance, the City shall reimburse PERS for payments and charges imposed pursuant to Cal. Gov. Code §21220 (c), relating to a public employer's obligations. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 a. Due to the nature of services provided Commercial General Liability Insurance is not required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant 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 in form by the City Attorney. (iii) Certificates and 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 by Consultant. f. If Consultant 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 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their 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 negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant 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 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. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant 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. 11. NOTICE 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 facsimile 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, California 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M -31) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6954 To Consultant: Kelly Associates Management Group LLC. William R. "Bill" Kelly, President /CEO 1440 North Harbor Boulevard, Suite 900 Fullerton, California 92835 Phone: (714) 449 -8432 Cell: (714) 837 -7502 ld 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 facsimile, 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant nor 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 party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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. 17. PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the 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. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. c. This Agreement maybe executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. d. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. e. 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: MARIA D IIUI2AR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:C�nA' �� Lisa Storck Assistant City Attorney CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager KELLY ASSOCIATES MANAGEMENT GROUP (KAMG) UJPA� q w* WILLIAM R. KELLY President and CEO EXHIBIT A CONSULTANT'S PROPOSAL July 8, 2013 kelly associates Management Group July 8, 2013 Kevin O'Rourke Interim City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 SUBJECT: Proposal for an Organizational Audit of the Community Development Agency (CDA) Dear Mr. O'Rourke: Kelly Associates Management Group LLC (KAMG) is pleased to submit this proposal to the City of Santa Ana. We are looking forward to working with you in the review of the operations of the Community Development Agency (CDA). I believe our staff's expertise makes us especially well- suited to assist Santa Ana in reviewing the CDA. The members of our team include: • A former City Manager and Community Development Director who was directly responsible for creating and managing comprehensive development departments. • A former Community Development Director who worked in similar sized organizations (both city and county) with functional responsibilities comparable to those found in Santa Ana. • A former Assistant City Manager who has extensive organizational development and human resource management experience. If you have any questions, please feel free to contact me on my cell phone at (714) 837 -7502 or by email at williamk @ka- mg.com. Sincerely, KELLY ASSOCIATES MANAGEMENT GROUP LLC William R. Kelly President /CEO 1440 Norlb Harbor Boulevard a Suite 900 ■ Fullerton ■ CA • 92835 714:449.8432 City of Santa Ana Proposal to Conduct an Organizational Audit of the City °s Community Development Agency TABLE OF CONTENTS Section I — Statement of Experience ..................................... ............................... 1 Section II — Scope of Services ................................................ ............................... 3 Section III — Deliverables Timeline ........................................ ............................... 4 Section IV — Fee for Service ................................................... ............................... 5 Section V— Comparable Experience ...................................... ............................... 6 Appendix A -Staff Resumes City of Santa Ana Proposal. To Conduct a COA Organizational Audit Section I — Statement of Experience Overview of Kelly Associates Management Group The Kelly Associates Management Group (KAMG) was formed by President /CEO William R. Kelly in 2011 to give public sector professionals the help they need to craft unique, creative solutions to the problems confronting their communities. The KAMG team of eight employees (two of whom are contractors) has proven its effectiveness in helping clients size up the environment, determine stakeholders, identify the landmines, figure out the best courses of action, and develop sound implementation strategies. At the core of each of our engagements is a focus on clear and concise project goals that everyone can agree on and work towards. KAMG is a California Limited Liability Company which operates out of its corporate office in Fullerton, California and services local government and non - profit clients throughout the State. Firm Qualifications What makes KAMG a particularly good partner is the breadth of experience its professional staff of eight individuals brings to every engagement. With an average of 35 years of public service experience each, all are former successful local government managers with proven track records who now offer their skills and knowledge on a consulting basis. KAMG has the resources to pull together the right team to deliver nearly any service a client may require, whether it's for a specific problem or project or to provide general, on -going staff assistance. The KAMG team has experience helping public sector clients in the following specialty areas: ✓ Economic Development ✓ Organizational Development and Improvement ✓ Team Building ✓ Law Enforcement Management ✓ Park Planning and Leisure Service Management ✓ Finance and Budgeting ✓ Human Resources ✓ Community Development and City Planning ✓ Strategic Planning ✓ Public Information /Outreach ✓ Interim Staffing KAMG takes great care to assemble a project team based on the unique needs of each engagement. We are very fortunate to be in a position to offer our clients expertise from both executive and staff perspectives as well as generalists and specialists. The current KAMG staff reflects the following: • Three former City Managers (each with previous experience as staff and department managers). 1 City of Santa Ana Proposal. To Conduct a CDA Organizational Audit • Two former Assistant City Managers. • A former Police Chief. • A former Planning and Community Development Director. • A former Parks & Recreation Superintendent and park planning consultant. Staff Assigned For the purposes of this engagement KAMG, will assign the following staff: • William R. "Bill" Kelly, President /CEO • Christine E. Kelly, Executive Vice President • David A. Gruchow, Principal Resumes for these individuals are included in Appendix A at the end of this proposal. Relevant Experience In Section V of this proposal, we highlight a sampling of recent projects that KAMG has undertaken that relate to the services being requested by the City of Santa Ana. Contact Information Kelly Associates Management Group LLC William R. "Bill" Kelly, President /CEO 1440 North Harbor Boulevard, Suite 900 Fullerton, CA 92835 Phone: (714) 449-8432 Cell: (714) 837 -7502 Email: williamk @ka- mg.com 2 City of Santa Ana Proposal: To Conduct a COA Organizational Audit Section tl — Scope of Services It is KAMG's understanding that City of Santa Ana desires an organizational audit of the CDA including assessments of the existing organizational structure, budgetary and finance operations, management /supervisory span of control, client services, etc. The following Scope of Services will describe KAMG's approach to this engagement: Tasks " - -?, Au�i4Y.. Task 1 Project Orientation and Data Collection - Meet with the City Manager and Executive Staff to confirm the Scope of Services and Project Timeline. Collect relevant department information (organizational charts, goals and objectives, budget material and related documents). Task 2 Interviews - Conduct individual interviews with the City Manager and Executive Staff. Meet with key department managers and suggested department staff members. Summarize the content for discussion. Task 3 Coordinate Fiscal Review - Meet with Urban Futures Inc to coordinate organizational audit information with financial analysis to insure fiscal stability planning Task 4 Prepare Draft Report - Prepare draft report summarizing the findings obtained in Tasks 2 and 3. Task 5 Draft Report to the City Manager — Meet with the City Manager and key executives to review the analysis and recommendations. Task 6 Final Document Preparation and Presentation — Prepare final document and make any required presentation(s) as directed by the City City of Santa Ana Proposal: To Conduct a COA Organizational Audit Section III — Deliverables Timel "ine KAMG proposes the following schedule to complete the various tasks enumerated in this proposal: City of Santa Ana Organizational Audit of the Community Development Agency Proposed Task Schedule Task ;j Qsolptlion R®urs July ;August S�ptum4er 1 Project Orientation and Data l Collection 12 +"'� 14 eek 2 Conduct Staff Interviews 20 2*✓eel� 3 Coordinate Fiscal Review 6 j 1 eek' 4 Prepare Draft Report 52 z eek 5 Submit Draft Report 3 I I I 1 Neel 6 Prepare, Submit and Present Final Report 12 1 eek i TOTAL HOURS 105 City of Santa Ana Proposal: To Conduct a CDA Organizational Audit Section IV — Fee for Services KAMG proposes a flat fee contract of TWENTY -THREE THOUSAND DOLLARS ($23,000) to perform the six tasks identified in the Scope of Services in Section II above. This proposed fee is summarized as follows: Task 1 Project Orientation and Data Collection $2,670 Task 2 Conduct Staff Interviews $4,700 Task 3 Coordinate Fiscal Review $1,410 Task 4 Prepare Draft Report $10,540 Task 5 Submit Draft Report $700 Task 6 Prepare, Submit and Present Final Report $2,480 Allowance for Expenses $500 Project Total $23,000 The fees include a reasonable allowance for expenses (i.e., travel time, meetings, office, etc.). KAMG will provide the City with an electronic version of the final report which the City can then copy for distribution. It is proposed that the Professional Fees be paid as follows: 1. $7,000 upon execution by the City of Santa Ana 2. $12,000 upon delivery of the Draft Report to the City Manager (Task 5) 3. $4,000 upon presentation of the final report as directed by the City (Task 6) In addition to the fee proposal above, the City may wish to consider certain optional KAMG services depending on the results of the study and subsequent direction. Any additional /optional tasks may be performed by KAMG under a separately negotiated agreement or as additional work to this proposed Scope of Services. This additional work would be billed to the City based on the following schedule: President /CEO $235 Executive Vice President $235 Managing Principal $225 Principal $195 Senior Consultant $195 Senior Associate $110 Any out of pocket expenses incurred for additional work would be billed based on actual cost plus 10 %. 5 City of Santa Ana Proposal: To Conduct a CDA Organizational Audit Section V — Comparable Experience The following will provide examples of work that KAMG has provided for other clients that is comparable with the scope of work for the City of Santa Ana. Contact Name Ms. Marcia Raines Position City Manager Address 621 Magnolia Avenue Millbrae, CA 94030 Phone (650) 259 -2334 Project Description Detailed organizational review of the City of Millbrae's Public Works Department which consisted of a review of the existing organizational structure, interviews with selected City employees, field observations, and the development of recommendations for potential reorganization, cost - saving initiatives, outsourcing and contracting of services. 0 City of Santa Ana Proposal: To Conduct a CDA Organizational Audit Contact Name Mr. Lew Bauman Position County Administrative Officer Address 168 West Alisal St.,3rd Floor Salinas, CA 93901 Phone (831) 755 -5113 Email baumanl @co.monterev.ca.us Project Description KAMG was retained by the County CAO to analyze the Resource Management Agency (Public Works, Planning and Building and Safety Departments). The review included a review of the organizational structure and operational strengths and weaknesses. A second phase included team building and organizational program adjustments. Contact Name Mr. Mark Alexander Position City Manager Address 1327 Foothill Boulevard La Canada Flintridge, CA 91011 Phone (818) 790 -8880 Email malexander @lcf.ca.gov Project Description Comprehensive review of the City's development application review process with the goal of identifying approaches to improving efficiencies in the application review and building permit procedures. 7 Appendix A Staff Resumes Kelly Associates Management Group LLC Resume of William R. "Bill" Kelly President /CEO Education • Doctoral Studies in Executive Management, Claremont Graduate University • Executive Masters of Business Administration, Claremont Graduate University • Masters of Arts in Management, Claremont Graduate University • Masters of Public Administration, University of Southern California • Bachelor of Science - Urban Planning, California State Polytechnic University- Pomona Qualifications William R. (Bill) Kelly is President /CEO of Kelly Associates Management Group LLC where he specializes in the areas of organizational management, economic development, redevelopment, and city planning. Mr. Kelly also served as the Chief Operating Officer for Urban Futures, Inc. for four years where he consulted with many local agencies. Prior to that, he was the City Manager of the City of Arcadia and Executive Director of the Redevelopment Agency for 14 years and also held positions of Deputy City Manager, Director of Conummity Development, Director of Development Services, and Director of Planning and Building for several California municipalities. Mr. Kelly is an Adjunct Professor at the University of Southern California, Price School of Public Policy and is also a POST certified instructor for statewide Police Team Building. Project Experience • President /CEO, Kelly Associates Management Group LLC • Chief Operating Officer, Urban Futures Inc. • City Manager, City of Arcadia • Principal, GRC Consulting Inc. • Deputy City Manager /Community Development Director, City of Burbank • Director of Development Services, City of Brea • Director of Community Development/ Public Works, City of Baldwin Park • Director of Planning and Building, City of San Bruno • City Planner, City of Glendora • Vice Chair /Member, State of California Law Enforcement Telecommunications Commission • Chair /Vice Chair/Member, Los Angeles County Emergency Services Commission • Adjunct Faculty, University of Southern California - Price School of Public Policy • Adjunct Faculty, California State University, Long Beach - Graduate School of Public Policy • Adjunct Assistant Professor, California State University, San Francisco - Graduate Program in Environmental Planning 1440 north harbor boulevard ■ suite 900 m Pullerlon • ca i 92835 714.449.8432 Kelly Associates Management Group LLC Resume of Christine "Chris" Kelly Executive Vice President Education Masters of Public Administration, California State University, Long Beach • Certificate in Urban Studies, California State University, Long Beach • Bachelor of Arts in Anthropology, California State University, Long Beach Qualifications Christine (Chris) Kelly is Executive Vice President of Kelly Associates Management Group LLC, where she specializes in the areas of project oversight, permit streamlining, economic development, and city planning. Ms. Kelly recently served as Land Use Services Director for the County of San Bernardino, overseeing Planning, Building and Safety, Code Enforcement, and Mining. Prior to that she was the Community Development Director for the City of Chino Hills, and throughout her career, held previous positions as Director of Development Services, Building and Safety, and Redevelopment for several California Municipalities. Finally, she also worked as a Senior Project Manager for Hole- Ireland, overseeing the Chapman University Specific Plan and building expansion, as well as other agency specific plans. Ms. Kelly served as an Adjunct Professor, teaching Economic Development in the Masters of Public Administration Program at California State University, Long Beach. Project Experience • Executive Vice President, Kelly Associates Management Group LLC • Land Use Services Director, County of San Bernardino • Community Development Director, City of Chino Hills • Senior Project Manager, Hogle- Ireland, Inc. • Director of Community Development/Deputy Executive Director of Redevelopment, City of Pomona • Director of Development Services, City of Brea • Director of Community Development/Deputy Executive Director Redevelopment, City of Cypress • Associate Planner, City of Cypress • Administrative Analyst to the City Manager, City of BelWower • Adjunct Faculty, California State University, Long Beach —Graduate School of Public Policy 14,10 oortit harbor boulevard ■ suite 900 = fullertot w ca ■ 92835 719:449.8/132 I {elly Associates Management Group LLC Resume of David A. Gruchow Principal Education Master of Public Administration, California State University, Long Beach Bachelor of Arts — Political Science/Public Administration, California State University, Long Beach Qualifications David Gruchow has consulted to public sector clients since 2009 after a 33 -year career in city government. For the first 16 years, he held staff and management positions in several departments in the City of Long Beach. For the last 17 years, he served as Assistant City Manager and Assistant Redevelopment Agency Executive Director for the City of Yorba Linda. Mr. Gruchow also served as a Principal with Urban Futures, Inc. for two and a half years specializing in redevelopment and economic development. In addition to his extensive knowledge of government finance and management practices, Mr. Gruchow's major strength lies in his ability to pull together and manage teams of people to address complex problems. His active involvement in several high - profile development projects in Yorba Linda makes him a key member of the project team. Project Experience • Principal, Kelly Associates Management Group LLC • Principal, Urban Futures Inc. • Assistant City Manager /Assistant Redevelopment Agency Executive Director, City of Yorba Linda • Administrative Officer — Public Works, City of Long Beach • Executive Assistant to the City Manager, City of Long Beach • Senior Administrative Analyst, City of Long Beach • Recreation Leader, City of Long Beach 1440 north harbor boulevard ■ suite 900 = hdlerton w ca ■ 92835 719.1,49.II432 YY, 1.,. CERTIFICATE -RD OF LIABILITY INSURANCE I 08 /05120/3 _ 08/05/2013 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($). AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polloy(les) must be endorsed. If SUBROGATION Is WAIVED„ subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the cartllloate holder In lieu of such ondoesomont(s). PRgOUCen 0 TACT VALLEJO INSURANCE ASSOCIATES LLO P 0 BOX 4445 c No En 1 888 1681-3030 �x. 01 en ss •sac gOORESS Selvlse oentorWir @v @lore a@m VALLE.JO, CA 94590 (888) 661.3938 X0842 882 PRCCUCER 7270R3109 INSURER(S) APFOROING COVERAGE NAICIt INSURED KELLY ASSOCIATES MANAGEMENT c7F�f ,`� 1440U N. HARBOR BLVD, STE 900 Nw` W/� FULLERTON, CA 92888 INSU998 AITRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA 09/1972.018 INSURER e; _ $1 000000 qNy ppEM19EEn�(OEA$pocL noel 300,000 INSURER E; $ 000 X INSURER F; PE SC AL &AbV INJU Y .._.._._.... ---1 IS TO OERTIFY 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 SY 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, LSR TYPE CF INSURANCE ADD( IN R SUER POLICY NUMBER POLICY Epp lMMIOONYYY) POLICTEXP (MMIDD/YYYYI LIMITS A GRNERALLIAEIITY COMMERCIAL GENERAL LIAKRY CLAIN4S•MAOG �OGOUR NiReo aura 880.OA711560.72 09/19/2012 09/1972.018 EACH OCWflRE CE _ $1 000000 qNy ppEM19EEn�(OEA$pocL noel 300,000 CD EXP(AnVOne Rrssn e JN' ._..t $ 000 X NONOMWAUT) PE SC AL &AbV INJU Y _ 000,000 BEVL AGGREGATE LIMIT APPLIES PER: cO POLICY PRT LOp DE L $2,000,000 PRODUCTS -CO / P 2.000000 $ A AUTOMORnS LIABILITY ANY AUTO AL4 OWNED AUTOS SGHROULEDAUPOS HIREDAUTOS NON- OWNEDAUTOS X BA- 6A605880.12 09/19!2012 r V 09/19/2013 .'0%A COMBINED SINGLE LIMIT (EP SCCltlont) $1 1000,000 BODILY INJURY (Par P.morJ $ BODILYqIIIrNryJJURY(Pot accident) ) $ Ps?eccWen AMAGE $ UMORELLA LIAE EXCESS. OCCUR CLAIMS MADE y�r� , ,i% r "'-"r EACHOOCOFFENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ WOHKSRBOOMRENSATION AND EMPLOYERS' LIABILITY WN ANY PROPHIRTOWPARTNERIEXECUTIVE j"'j Mandatary IARC ( Manuatory nNER EXChUDEC1 LTf It Yoe deeodbs under SPECIAL PROVISIONS b@Iew Ntq '^^ p`SC' t (,`\ y Md ET.71�- Dr I T YLM S F>� E.L. EACH AC61DENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESORPTION OF OPERATIONS I LOCATIONS I VOI COLE8 (AtloaN ACORD io 1, AdNIIIeRaI Remarks 0004110, It more space Is required) AS RESPECTS TO AUTO LIABILITY • THE CITY OF SANTA ANA ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES IS ADDITIONAL INSURED AS PER CA T420 - AUTO COVERAGE PLUS ENDORSEMENT BLANKET ADDITIONAL INSURED, THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOHETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE LA� 01988 -2009 ACORD CORPORATION. All rinhta racoeued ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the coverage Form apply unless modi- fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general cover- age description only, Limitations and exclusions may apply to these coverages, Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that Is in effect during the policy period, to be named as an addi- tional Insured is an "Insured" for Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an "Insured" under the Who Is An Insured provision contained in Section I. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LI. ABILITY COVERAGE: EQUIPMENT — INCREASED LIMIT i, WAIVER OF DEDUCTIBLE -GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b, in B.B., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "omployee's" name, with your permission, while perform- ing duties related to the conduct of your business, However, any "auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto ", An "employee" of yours Is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.I., Who Is under a contract or agreement in that "em_ An Insured, of SECTION II — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 0710 © 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Ino. with Its permission. APPTfiC7 EI�7 A.S Tf y 'Cs i:st LISA E. STO iCK '�, Assistant City r+ttornev COMMERCIAL AUTO Any "employee" of yours Is an "Insured" while us- ing a covered "auto" you don't own, hire or borrow In your business or your personal affairs, D, SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a,(2) of SECTION 11 - LIABILITY COVERAGE; (2) Up to $3,000 for cost of ball bonds (In- oluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.Za,(4) of SECTION 11 - LIABILITY COVERAGE: (4) All reasonable expenses Incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS -INC RPAS ED LOAD CAPACITY The following replaces Paragraph CA. of SEC- TION I - COVERED AUTOS: 1. "Trailers" with a Load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following Is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto', then the Physical Damage Coverage Is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ", (5) This Coverage Extension does not apply to; (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ", G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence In Para- graph AA.a„ Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER. AGE; We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT- INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III - PHYSICAL DAMAGE COVERAGE is deleted, I. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage If the glass Is repaired rather than replaced. J. PERSONAL EFFECTS The following Is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an "insured "; and "loss"; or (2) In or on your covered "auto ". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered "auto ". property of like kind and quality. No deductibles apply to Personal Effects cover. (2) An adjustment for depreciation and physical age, condition will be made In determining actual cash value In the event of a total "loss ". Page 2 of 3 0 201 O The Travelers Indemnity Company, All rights roserved, CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission, APPROVED AS TO FORM ��;4F.ORCK /l Assistant City Attorney `I COMMERCIAL AUTO K. AIRBAGS (2) Any, The following Is added to Paragraph B.3„ Exciu� (a) Overdue lease or loan payments at the sans, of SECTION III — PHYSICAL DAMAGE time of the "loss "; COVERAGE: (b) Financial penalties Imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that In- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Securlty deposits not returned by the les- set forth In Paragraphs A.1.b. and kri.c„ but only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Accident or 1loan for purchased Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty; and (a) Carry-over balances from previous loans c. The airbags were not intentionally Inflated, or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". The following replaces Paragraph A.S., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following Is added to Paragraph A.4„ Cover. of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total "loss" to a covered "auto" of against any person or organization to the ex- the private passenger type shown In the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or "less ", pro - erage is provided, we will pay any unpaid amount vided that the "accident" or "loss" arises out of due on the lease or loan for such covered "auto" the operations contemplated by such con - less the following: tract, The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract, Coverage Section of the policy for that "auto "; and CA T4 20 07 10 @2010 The Travelers Indemnity Company. Ail rights reserved. Page 3 of 3 Includes copyrighted material of insurance Services Office, Inc, with Its permisak?PROV D AS TO FORM LISA E. ST'O RCK �y Assistant City Attorney (��