HomeMy WebLinkAbout4.10 Mgmt Audit Services (00'36
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 13, 1989
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SUBJECT Management Audit of Development Services
(Prepared by City Manager)
EXHIBITS ATTACHED Request for Proposal; Proposal to Conduct Management
Audit from Hughes, Heiss & Associates (Also Exhibit A
of Draft Agreement) ; Draft Agreement;
RECOMMENDATION zap( Approve Agreement with Hughes, Heiss & Associates and
authorize Mayor to execute agreement.
FINANCIAL STATEMENT: Total cost of Study $15, 000; Sufficient funds are
available in Planning Budget.
DESCRIPTION In 1988, the City Council authorized Staff to prepare
a Request For Proposal and to solicit proposals from qualified consultants
to conduct a management audit of the City Development Services function.
The Council also established a Committee consisting of the Mayor, Planning
Commission Chairperson, City Manager and Planning Director to screen the
proposals and to recommend a consultant to the City Council to undertake the
work.
In accordance with the City Council direction, the Consultant Selection
Committee has interviewed the two consultants that submitted proposals, and
recommends that the City Council enter into contract' with Hughes, Heiss &
Associates to undertake the Management Audit. The cost of the audit as
proposed is not to exceed $15, 000 . '
The Management Audit Final Report will be completed in June 1989 and will
include a specific implementation plan for all recommended improvements to
the City' s Development Services function.
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COPIES TO:
ITEM NO. ', .�
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=' r� x �.,« 4* , 'REQUEST:FOR',.PROPOSAL- ,- u,4 a1�.,1.,. '�' .. Y
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)•- L!:zV N ' ~Management Audit-of City: Planningr and »�
Development . Related Services =r � , i..
,;, r*: February 7,, 1989 , Nit ^,'�, X,�,�� .s, �
-Prospective Bidders ~ ,
The City of Dublin is interested in receiving proposals _from
qualified consultants to undertake a management;audit of the
Planning and Development Related Services provided by the City.
The City has established the following tentative schedule for the
Consultant Selection Process. - `
February 7, 1989 City issues RFP
February 15, 1989 Pre-proposal Conference
February 27, 1989 Proposals due
March 3-6, 1989 Interviews of Finalists
March 7-9, 1989 Contract Negotiations with selected Consultant
March 13, 1989 Approval of Contract and Authorization to
Proceed.
Pre-proposal Conference
The City of Dublin will conduct a Pre-proposal Conference in the
City Manager' s Office, 6500 Dublin Boulevard, Suite 205 on
February 15, 1989 at 10 : 00 a.m. The purpose of this conference is
to provide interested bidders with an opportunity to ask questions
related to the project.
Attendance at this conference is not mandatory in order to submit a
proposal.
If you plan to participate in the Pre-proposal Conference, please
contact the City Manager' s Office at (415) 829-4600, by Monday,
February 13, 1989 .
The Project
The City Manager and Planning Director have proposed, and the City
Council has approved undertaking a management audit of the Planning
& Development Related Services provided by the City. Interest in
the audit has resulted from concerns regarding the length of time
required to process various land use applications and the
consistency of information provided by the City during the planning
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It is the des ire ,that the Management}.Audit; include but not` f4
' ` y' r h `'be limited to the followingareas: : a "
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1 . Policies'and :Procedure 4; - S rt 7;, ' '
Analysis and''recommendationsregarding operating. policie
procedures, and ordinances, which affect: the ,timeliness-with -
which planning and development services are `'provided.'"',::The .
City is interested in identifying howits existing procedures
and regulations could be modified to streamline the planning
and development process,without significantly `:impacting- the - -
City's control over requested use changes and projects:,
2 . Staffing and Workload a. Analysis and recommendations regarding the ability of
Staff to accomplish and handle: 1 ) the goals & objectives
adopted by the City Council, 2) the Current Planning '
workload, Advanced Planning workload; both' now and that
which is anticipated during the next five (5) years.
b. Analysis and recommendations regarding the nature and
level of work activities performed by management,
professional/technical/contractual and clerical staff
i .e. effective utilization of staffing.
c. Analysis and recommendations regarding adequacy of ,
staffing and workload distribution.
d. Review the adequacy of in-service training for affected
personnel .
3 . Organizational Structure
a. Review effectiveness of organizational structure
including lines of authority and reporting relationships .
b. Review assignment of function responsibilities.
c. Review the assignment of decision making authority and
whether the span of control is appropriate to the work -
performed. _ -
4 . Communication/Public Relations
a. Review the manner in which communication is carried out
both vertically and horizontally within the City
organization (i.e. Staff, Planning Commission, City
Council) .
b. Review the adequacy of those written materials and
brochures necessary to process planning and development
applications .
c. Determine the perception of the Community concerning the
City as a service provider and suggest alternatives for
improving communication, minimizing misunderstanding and `
improving productivity. -
5 . Managerial Effectiveness
a. Determine if management is fulfilling its role in
managing Departmental Activities.
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F b`: ;` ` Review-`adequacy< of management and 'supervisory control .-
mechanisms to` ensure ;";compliance with policies ""and - , � Fr .;
procedures and.whether they are" assigned at the::'lowest r ? "- ' ,
possible level -
c. Determine`whether``service level objectives 'are '''-: --,-- -'', : -I
established...
d. - Determine to, what extent deadlines are 'met? : `"
6. Equipment/Technology
a. Identify those work activities which could be automated
for the purpose of improving productivity. Consideration
should be given to the cost benefit in considering new
technology.
b. Review the adequacy of the existing recordkeeping system
and the ability of affected personnel to access pertinent
records. Consideration should be given to how the
records system impacts the timeliness of service
delivery.
7 . Cost Effectiveness
a. Review the City's method of establishing fees for
planning and development application processing, and
determine whether they are in compliance with State law,
and are adequate to cover the cost of providing the
service.
b. Are fees collected and accounted for correctly?
c. Are Departmental operations cost effective?
8 . Service Delivery
a. Determine if services are designed to be flexible when
appropriate and practical in order to meet client needs.
b. Determine if Department recognizes changing client
requirements and responds accordingly on a timely basis.
c. Determine if service responsiveness and accessibility are
uniformly applied in responding to client needs.
As part of the Consultant's review of the categories identified
above, the Consultant should make recommendations to the City with
a goal toward improving the delivery of services, cost
effectiveness, and public relations related to the Planning and
Development Services provided. The Consultant shall incorporate
these recommendations into an implementation plan.
Project Organization and Schedule
The selected Consultant will work under the general direction of
the City Manager, Richard Ambrose. Progress meetings will be held
at least bi-weekly with the City Manager. At these meetings,
Consultant will provide a written status report. . The Consultant
will brief the City Manager as to the project progress, status,
findings, and conclusions at the conclusion of the agreed upon
phases of the Consultant' s work plan.
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The Consultant- will submit`project; deliverables hCity Manager r;
for review to assure completeness and comparability with .the:;,.*;,-, H e
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project work plan M � + f f3 ��JJ 1
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The City is concerned that the project is completed on a timely
basis. If possible, the City would like to incorporate some of the
Consultant' s recommendations in the City's 1989-90 Budget document.
In order to accomplish this, the Consultant should "follow the
schedule identified below. _ " ,
Project Start • March 14,';1989
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Project Meetings and _
Status Reports Bi-weekly
Briefing on Initial Findings ,' May 1 , :'.1989
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Draft Final Report
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(including all of Consultant's-
recommendations and detailed
implementation plan) May 15, 1989
Final Report June 2, 1989
Deliverables __ _
The Consultant is responsible for the following deliverables in
keeping with the schedule.
o Monthly meetings and summary of project findings to the
City' s Project Manager
o Fifteen (15) copies of the Draft Final Report, including
Executive Summary, findings, recommendations, and
implementation plan for review by the City Manager
o Fifteen (15) copies of the Final Report, including
Executive Summary, findings, recommendations, and
implementation plan
o Oral presentation of findings and recommendations to the
City Manager
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Since„its incorporation.in 1982, the':Ci y of Dublin - as ,provided 1
most: services through . contracts with other ;; publicagencies or
private corporations The Planning `: Department . is.ti- primarilyf; 4
involved : and the- Building & Safety and Public Works .;Department
are peripherally involved in the handling of Development ,Service -"
Applications. These Departments are described below t 3 L�13t
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Planning Department r s <n � . 33 , - - ; 3 Ocft
Planning services are provided by a combination` of City employees _
and Planning consulting firms. Planning employees include the
Planning Director, two (2) Senior Planners, - one (1 ) Associate
Planner, one (1 ) Planning Secretary, and one ( 1 ) Clerk- Typist
Receptionist. The City also contracts for one part-time Planning
employee with the firm of Santina & Thompson. The City also
contracts with several planning consulting firms to handle
environmental review and planning ?`studies for large development
proposals.
Building & Safety:
The City contracts for Building & Safety Administration, Plan
Check Services, Building Inspection, Housing and Zoning Code
Enforcement with the firm of Taugher & Associates . Taugher &
Associates provides the following personnel on-site in the City
Offices: Building Official (part-time) , Building Inspector (full
time) , Building Inspector (part-time) , Zoning Investigator
(part-time) and back-up personnel for all of the above positions
on an as-needed basis .
Public Works:
The Public Works Department's involvement with Development
Application Processing is primarily in the-areas of land and
subdivision review, traffic engineering, and impact on the City' s
infrastructure. The City's Public Works Department is headed by
the City' s Public Works Director/City Engineer. He supervises
the City' s contracts with the engineering firms of Santina &
Thompson and TJKM, who provide land and subdivision- review, and
traffic engineering services, respectively.
Primary Contact Person:
Richard C. Ambrose, City Manager
City of Dublin
P 0 Box 2340
6500 Dublin Boulevard, Suite 205
Dublin, CA 94568
Deadline
e
Ali proposals should be submitted--to the Ci"cy Manayci. , b off ice at '
the address indicated above no later than February 27, 1989.
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�,ii, T`t, =7` PrRr�.O� POSAL INSTRUCTIONS kAND;CONDITIONS J t''-` Y,=
The following instructions andlconditi.ons apply to Ahi.i RFP
A GENERAL CONDITIONS r` . '` " orif- fi? `"•03-''''a'` '' `,I if,''
F i ?v,- 1,,t,�# era ' .„...-,,,,.-.c...p t x , '
1 • Pre-Contractual Expenses T y € �' � � y,,% 4,, f'
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Pre-contractual expenses are defined 'as _expenses "incurred '.--_-..-
-. , ry
by bidders in: -
•
- Preparing a proposal in response to this RFP y
- Submitting that proposal to the City ,of Dublin s
- Negotiating with the City of Dublin any matter
related to this RFP, proposal and/or contractual
agreement
- Any other expenses incurred by the bidder prior to
the date of an executed contract
The City of Dublin shall not, in any event, be liable for any
pre-contractual expenses incurred by any bidder. In addition, no
bidder shall include any such expenses as part of the price
proposed to conduct the management study.
2 . Authority to Withdraw RFP and/or Not Award Contract
The City of Dublin reserves the right to withdraw this RFP at any
time without prior notice. Further, the City makes no
representations that any agreement will be awarded to any bidder
responding to this RFP, The City expressly reserves the right to
postpone the opening of proposals for its own convenience and to
reject any and all proposals in response to this RFP without
indicating any reasons for such rejection(s) .
3 . Pricing Approach
The City of Dublin intends to award a fixed price contract for
the conduct of this project. In no event shall the City pay.,an
amount in excess of the dollar value negotiated in the
contractual agreement with the successful bidder.
4 . Right to Reject Proposals
The City of Dublin reserves the right to reject any or all
proposals submitted. Any award made for this engagement will be
made to the bidder .which, in the opinion of the City, is best
qualified to conduct the project.
5 . Proposal evaluation Criteria
Proposals will be evaluated on the basis of their responses to
— __ -'- , all provision: '-f ~this''RFP.''The City- of -'Dublin may -use-sc.-erne- or
all of the following criteria in its evaluation and comparison of
proposals submitted. The criteria .;listed are; not - necessarily an
all-inclusive list. The order . in -which ; they _ appear -`is not
intended to indicate their relative importance: `
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- Bidder's- -'responsiveness to the ,requirements ;oft he '#.
project as set forth. in the RFP Y r ' A '`` _` " 4'"
- A demonstrated understanding of- the bidder's work plan e
and other proposal documents
A logical, proven methodology for carrying out the work
tasks described in the bidder's proposal° and•.developing
project deliverables
- The bidder's recent experience in conducting projects of :,;,
similar scope, complexity and magnitude ' '
- The quality and quantity. of personnel assigned to the
project, including educational background, work
experience and directly related recent consulting
experience
The organization structure of the proposed project team
- The financial stability of the bidder
- Recent references from local clients -
- The proposed project schedule
- The proposed project costs _. -
B. PROPOSAL FORMAT AND CONTENT
Proposals should be typed , and as brief as possible. They
should not include any elaborate or unnecessary promotional
material. The following order and content of proposal
sections should be adhered to by each bidder.
Cover Letter
A cover letter should summarize key elements of the bidder's
. proposal . The letter must be signed by an individual
authorized to bind the bidder. The letter must stipulate
that the proposed price will be valid for a period of at
least 90 days . Indicate the address and telephone number of
the bidder's office located nearest to Dublin, California and
the office from which the project will be managed.
I . Background and Approach
The Background and Approach section should describe
Consultant's understanding of the City, the work to be done
and the objectives to be accomplished in the management
study.
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I I~. '-Methodolo (ies)'�h - ..r,� , -Y 4,�fi. ' i- - �i� :; '7_ > Y'
gy I ty'Y,r • v. ,A25I�,' ' 's nr. trf, 4C..;�')4a . ' q.. -A ley t t
This section should clearly =describe the methodology or
methodologies Consultant plans to „,.use; , to -;;;.carry . ;out the " .
specific work tasks described in Consultant's Plan
5 i£ fin , A
III. Work Plan " J '..' n e 'ay R ;_• ,., .
Describe the sequential work' tasks 'planned to accomplishthis
project. • Indicate all • key. deliverables -and' their contents..`: _
Identify how much of the work will be done on site.
IV. Project Organization and Staffing
Describe approach and methods for managing the project.
Provide an organization chart showing all proposed project
team members. Describe the responsibilities of each person
on the project team. Identify the Project Director and/or
Manager and the person who will be the key contact with the
City of Dublin. Indicate how many hours each team member
will devote to the project by task, along with a statement
indicating the availability of the members of the project
team for the duration of the project. Include resumes for
each member of the project team.
V. Related Experience
Describe recent directly related experience. Include on each
listing the name of the client; description of the work done;
primary client contact, address and telephone number; dates
for the project; name of the Project Director and/or Manager
and members of the proposed project team who worked on the
project, as well as their respective responsibilities.
At least three references should be included. For each
reference, indicate the reference's name, organization
affiliation, title, complete mailing address and telephone
number. The City of Dublin reserves the right to contact any
• of the organizations or individuals listed.
VI. Project Schedule
Provide a schedule for completing each task in the work
program, including deadlines for preparing all project '
deliverables.
VII . Cost Data
Indicate the total cost to conduct the project. Identify by
project team member name and classification the number of
hours each will spend on each work task. Indicate separately
- total costs for- fees -tiand--,'expenses,,:> including`,arry;• ee-4 is(Kount v,... - -...._
you are proposing. .
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VIII Statement of Compliance# . k,: �* _
It.
S Bidders must submit a statement
, l c
: of compliance .with -all +' ,
, -). '- - - of the Request For Proposals and Draft Agreement terms -,and
conditions or :a listing of -exceptions and suggested changes,‘ -
with a description of any cost implications or schedule
changes the exceptions and/or changes cause
The Statement of Compliance will be in the form "A" or "B" =
below:
_ f
A. This proposal is in strict compliance with the Request
For Proposal and Draft Agreement and no exceptions to
either are proposed.
B This proposal is in strict compliance with the Request .
For Proposal and Draft Agreement except for the items
listed.
For each exception and/or suggested change, the bidder
must include:
The suggested change in the RFP or rewording of the
contractural obligations
- Reasons for submitting the proposed exception or
change _
- Any impact the change or exception may have on
project costs, scheduling or other considerations
IX. Other Information
Include any other information considered to be relevant to the
proposal.
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CONSULTANT SERVICES AGREEMENT
. a Y
3 f
r� .y THIS AGREEMENT is made at Dublin, California, as of
March 13, 19 9, by and between the CITY OF DUBLIN, a municipal
corporation ("City"), and Hughes Heiss & Associates , ("Consultant"), who
agree as follows:
1. SERVICES. Subject to the terms and conditions set
forth in this Agreement, Consultant shall provide to City the
- • services described in Exhibit A. Consultant shall provide said
services at the time, place and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services
•
• rendered pursuant to this Agreement at the time and in the manner set
forth in Exhbit B. The payments specified in Exhibit B shall be the
only payments to be made to Consultant for services rendered pursuant
to this Agreement. Consultant shall submit all billings for said
• services to City in the manner specified in Exhibit B; or, if no
manner be specified in Exhibit B, then according to the usual and
customary procedures and practices which Consultant uses for billing
clients similar to City.
• 3. FACILITIES AND EQUIPMENT. Except as set forth in
•
Exhibit C, Consultant shall, at its sole cost and expense, furnish
all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to
Consultant only the facilities and equipment listed in Exhibit C
according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth
in Exhibit D are part of this Agreement. In the event of any
inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall
control insofar as it is inconsistent with the general provisions.
6/5/87 -1-
•
•
5. EXHIBITS. All exhibits referred to herein are attached
hereto and are by this reference incorporated herein.
IExecuted as of the day first above stated.
CITY OF DUBLIN, a municipal
�..•..
corporation
By
• "Mayor"
- i
Attest:
City Clerk
By
"Consultant"
6/5/87 -2-
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1 • . . .
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Sc o c)..
p
. Sec Q % CR., S
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HIB
IT
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A Proposal to Conduct
A Management Audit
of the Planning Department
is
'_ - CITY OF DUBLIN, .
CALIFORNIA
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February 27, 1989 Hughes, Heiss & Associates
675 Mariners Island Boulevard
S,Tt9 109
San Ma i eo, CA 944J4
(415) 570-6111
I...
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- 11111111111
-- 675 Mariners Island Blvd./Suite 108 35 S. Raymond Ave!Sage 220
Hughes, Heiss & Associates San Mateo,California 94404 Pasadena.California 911th
MANAGEMENT CONSULTANTS
415/570.6111 8181584-1111
February 27, 1989
Mr. Richard C. Ambrose
City Manager
City of Dublin
Post Office Box 2340
6500 Dublin Boulevard
Suite 205
Dublin, CA 94568
Dear Mr. Ambrose:
We appreciate the opportunity
to submit our proposal to conduct a
1 feel that our firm and
management audit of the Planning Dep artment. We qualifications and skills to work with
project team present a unique set of q
the City of Dublin in this analysis.
Associates and its staff specialize in conducting
Hughes, Heiss & ���- 14 °'�=,
Over the ,.- y�_.
management analysis of city and county operations. analysis of
60% of the firm' s work has involved evaluation and
opportunities productivity and servile levels for municipal and
opportunities to improve p
county governments. Th i s Includes and analysis
County; 1Sioux planning
City, services
lown Sol goo
Cupertino;
ounty nSantallovato;
sa;San
andMateo
San Diego County.
y.
County;
The proposal which follows is based on the pre-proposal conference on
February 15. It is structured into six sections:
Background and understanding of the issues facing the Planning
Department.
•
Methodologies to be utilized to conduct the audit of the Planning
Department.
• Analytical approach and project work plan.
I .
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•
Background and qualifications of the project team and firm.
Project cost and schedule. .
Statement of Compliance.
77 The fixed price contained within the proposal will be valid for a period of
90 calendar days. The office from which the project w i l l be managed, which
is also our closest office, is as follows:
t 675 Mariners Island Boulevard
���. Suite 108 .
San Mateo, CA 94404
[j (415) 570-6111
We look forward to the opportunity to meet with you to present our
E-, proposal . If you have any questions, please do not hesitate to contact us.
Sincerely yours,
rr
. \I• i•i ' 1 3
i
Gary Goelitz HUGHES, HEISS & ASSOCIATES
Associate San Mateo
r-
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�J I. BACKGROUND AND UNDERSTANDING OF THE ISSUES FACING THE PLANNING
DEPARTMENT.
The City of Dubl in has decided to undertake a management audit of its
Planning Department. Interest in conducting such an audit has arisen from
concerns regarding the length of time required to process various land use
applications and the consistency of information provided by the Planning
Department to applicants. The City wishes the audit to focus on a number of
issues including the following:
▪ Whether existing policy and procedure documents present
unnecessary constraints and obstacles to the overall processes
related to land use applications.
• The attitudes of applicants toward the existing permit
application, review, and approval process in the City of Dublin.
The relationship between the Planning Department and the City
Council and Planning Commission and whether these policy-making
17 bodies believe the Department appropriately reflects their
philosophy regarding the development process.
LThe calendar time required to process applications and whether
this calendar time is reasonable in comparison to other Bay Area
cities.
▪ The extent of cost recovery for the services provided to land use
applicants and whether proper accounting for the cost recovery
has been establ Ished.
• The staffing allocated both for current planning as well as
long-range planning within the Planning Department and whether
this level of staffing is sufficient given existing application
workload, the extent of the long-range planning work program and
the goals and objectives for the Department as adopted by the
City Council .
•
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The organizational structure of the Planning Department and
whether opportunities exist to enhance the effectiveness with
which staff are utilized (e.g. , should the Planning Director be
the Zoning Administrator), the extent of authority delegated to
staff, allocation of responsibilities to these staff, and the like.
The responsiveness of current planning services to applicants in
terms of such approaches as the extent of information (e.g. ,
handouts) provided to applicants regarding the length of time
required to process applications (e.g. , use permits will be
processed within 60 calendar days) and what must be submitted by
the applicant to assure the application is submitted, the extent
to which pre-submittal conferences are utilized, the extent of
over-the-counter plan checking for "small" applications, and the
like.
-- The extent to which the land use application process is "managed"
to assure applications are processed in a timely fashion and do
not fall between the cracks.
The extent of automation within the Planning Department,
particularly to support the management of the land use application
process and respond to applicant inquiries regarding the status of
their applications.
The filinc system utilized for land use applications and whether
is the filinc system presents obstacles to retrieving information in
a timely fashion retarding the development history for a
H particular property.
These issues, as well as ether which you might wish to define or which might
arise during the process of the study, will serve as the focus for the audit
of the Planning Department.
L. II . i€THCOOLOGIES TO BE UTILIZED TO CONDUCT THE AUDIT OF THE PLANNING
DEPARTMENT.
While these methodologies will be presented in context more fully
within the workplan, it is appropriate to define separately the analytical
approaches the consulting team will utilize to conduct the audit of the
Planning Department. These approaches include the following:
Interviews with all members of the City Council to elicit their
perspectives.
Interviews with the City Manager and all staff of the Planning
Division. .
uesti onnai re to document land use applicants'
Use of a survey questionnaire analysis services
attitudes towards the application, review, and anal Y
they received from the Planning Department.
Review of permit application files to determine existing
processing times for land use applications.
Review of existing regulations,
constralnfis impactingefi elalnandause permit
documents to identify y
review and approval process.
Work sampling to identify the productivity of the staff of the
Planning Department.
Flow charting critical land use permit, application, review and
•
approval processes to identify opportunities for streamlining.
Interviewing the Administrative Services/Finance Director to
•
document the amount of revenue collected for land use
a PP I i cat i on..c, the expenditures for processing these app l icy
tions, and the accounting procedures utilized to account for
these fees.
Interviewing representatives from the Building and Safety
- � Department and the
Public Works Department
� determine tr
role in process i n g land use application processing and the pro-
. cesses utilized.
Documentation of the workload faced by the Planning Department in
terms of use permits, variances, rezoning applications, and the
L .
like over the past several years.
•
Collection of key documents including application forms, handouts
for the public, checklists for staff, and the like.
These represent the primary analytical approaches to be utilized during this
audit.
Ill. ANALYTICAL APPROACH AND PROJECT WORK PLAN
The sections which follow describe the approach we would utilize in
conducting the management audit of the Planning Department.
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Task 1 — Conduct Initial Interviews to Identify Trends and Key Service
Con Y Y
Issues.
.4
To realistically evaluate the Planning Department, it is important to
develop some sense of where Dublin is going -- the key issues which impact
fl and shape service requirements and the projected growth and development. To
develop this perspective, we plan to conduct a series of initial interviews
with the City Manager, and the Director of Planning to identify the key
r— factors impacting the Department' s operations. Specific issues receiving
emphasis by the project team would include the following:
•
Basic service delivery coals and objectives of key operating
areas including current planning, long-range planning, and the
Li like.
Identification of key problems impacting service delivery by the
L Planning Department. This would include exploring areas where the
services of the Planning Department might differ from other cities
due to the unique needs of applicants or the policies of the City
Council , the limited lone-range planning ability of the Division,
etc.
Documenting key trends in Dublin related to physical growth
patterns.
These initial interviews will provide an opportunity to identify and
! _ isolate factors and constraints which impact current or near-term cperaticns
of the Planning Department.
Task 2 — Develop a Detailed Profile of the Department's Operations.
To develop detailed understanding of the Department's organization and
operations, the following basic work steps will be accomplished:
• Review on a preliminary basis the existing land use regulations,
ordinances, plans and police documents, to gain a general
understanding of the processing steps and the parties involved in
each step.
• Identify major planning issues facing the City including the type
and anticipated timing of projected planning efforts to deal with
these issues.
•
Determine the nature and scope of the Planning Commission
activities including meeting frequency and workload and scope and
content of issues dealt with.
Interview all other staff of the Department focusing on such
issues as:
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'�`^.,� � y ����+ •t �:� `t��t}"`• rwf 4t” .� ;ri,� �; �' ` �y, "�� ``�E r�: ,�r'S��.r.�y't"`
- Basic work responsibilities.
- Basic workload and allocation of available time by major
task and work responsibility.
- Documenting individual 's attitudes toward key strengths
and weaknesses of the existing organization. This would
include its ability to handle current and expected future
workload.
Develop a detailed description of service demand and workload
trends faced by the Department over the past five years ( i.e. ,
major/minor subdivisions, use permits, variances, etc. ) .
Fl
Document the long-range planning projects currently being handled
by the Department, as well as those being considered in the near-
tsrm.
L
Document major management systems available to support operations
within the Department including:
- Work planning and control .
- Automated information systems.
- Word processing systems.
- Filing systems. -
[1_ Document staffing and expenditure trends for the Department for
the past five years.
Once these initial data collection activities have been completed, we
will prepare a profile describing the Department' s operations. Once the
profile has been prepared, it w i l l be reviewed with you and the Planning
Director to determine its adequacy.
Task 3 — Evaluate the Land Use Application, Review and Approval Process.
In this third task, we would analyze the land use application, review,
and approval process to identify opportunities to streamline and more
proactively manage the process. This evaluation also needs to assess methods
of reducing the staff time required to process applications. The steps we
would follow in this task include the following:
• Document, in detail , the current land use application processing
operations, methods, and procedures utilized by the Department.
Through in-person interviews, we will focus on such issues as
the following:
1 ,
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ob responsibilities of eacn staff member
- as it relates to p
Work assignments/job of applications.
- Determining the structure and content of each ooesses major
land use application, reviewe and approval p
would involve documentng those steps which comprise each
process, points in the process where application review
requires input or coordination with other departments,
etc.
cessi erformance (elapsed time from application to
P Processing P
dercoision-making) for major types of land use
applications. of
How closely the process is aligned with the philosophy
the City Council .
Review of application forms and other documents.
and
- Document the methods utilized timerandnthe crolde Imanage-
monitor workload and processing i n fulfillment of this
ment within the Department "plays"
responsibility.
Document case file organization and content; determine the
extent to which checklists have been developed.
Specific constraints in the land use policy procedures and
ordinance . framework which have direct impact on the
and day-to-day conduct of the
structure, requirementsreview,i ew, and approval process.
land use application,
Develop a list of key issues impacting the management of the
development review process such as the extent toss which
ndivid
ul ing systems are utilized to monitor the P g lendl of
ual applications to document "turnaround times,
average processing cycles, and the like.
Identify and evaluate land use application approaches utilized by
other jurisdictions. The purpose of this task is to identify
ng
alternative approaches to both simplifying as well as ieabi I lity
the effectiveness of managing the process and their app l
__ to Dubl in.
Develop a detailed set of improvement recommendations for the
development review process. These recommendations w i l li tprov provide for
specific documentation sand �°wordk iplanning/scheduling n system for
improvement as checklists, track
development applications, project status reports to keep
i , revision of ordinances, greater use of
development application,
the Zoning Administrator for a pP royal/disapproval of
applications, and the like.
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'Once these recommendations are developed, we would review them with you
and the Director in draft form and modify as necessary.
Task 4 -- Evaluate Staff Utilization Staff Productivi and Department
Service Level .
This fourth component of the analysisin�evts. an We It on of staff
utilization, productivity, and staffing eq u
issue by employing several different approaches including the following:
• We will conduct work sampling observations to develop a portrait
of staff utilization. Wplanpre-estab{ fished number
technique, is based on conducting
observations to determine the level of "working" versus "idle" or
non-productive time.
• Workload data collected in constructing the profile will be
on
analyzed to provide relevant :input to the staff tii izati on
equation. This would include reviewing the app lica
• cessi ng volume data i n { dthese develicationsoped the
amount of staff time req ui red to process
Identify what key projects or work tasks are not being accomp-
Iished due to lack of staff.
Evaluate the adequacy of major work practices within the
Department. This analysis will focus on identification of
i to streamline work practices to increase the level
• c.pportuni- es�
of service and/or reduce staffing requirements.
Evaluate how other similar cities staff their planning services.
Evaluate opportunities to simplify or reduce the clerical
l staff
workload. Th i s analysis would asksu thesehostaff these Cu whether
are utilized, the type_ ° simplify some of the tasks
opportunities exist to eliminate or p Y
performed by these clerical staff, and the like.
Analysis of these issues will result in the development of detailed
recommendations for improving staff utilization to include:
Specific staffing required given acceptable utilization levels.
• Specific levels of service l are mp
csib if nhanced
eliminated.
n tedlong-
range planning) if work methods
• Specific steps which need
de to be taken to reach reasonable
utilization levels to i n
- Specific changes in existing work methods and practices.
- Where appropriate, specific asks which could be eliminated
with positive impact on staff utilization.
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.t
n recommendations are developed, w
e review
Once these fi nd i 9
s and recthem with you and the Director in draft form and modify as appropriate.
Task 5
Evaluate the Ad=gua of the Management Information S stems.
In this task,
the consulting team will evaluate the adequacy of the
management information system uti ei N�atbexl sts Pin thegDepartment to whatpthe
forming this task, we will compar
consulting team would expect in a modern information s sl'em,pl annwoul d par ent.such
I n determining the adequacy of the
illustrative questions as:
Does the system enable the Director to assign, schedule, and
• monitor land use application workload and processing time?
Does the system facilitate identification of workload, effici-
•
ency, and effectiveness?
• Can the costs of processing land use applications be readily
determined?
•
rocessing times be compared to performance
Can the actual p �targets which exist for land use app lications?
Does the system enable the Department to track the land use
_ history of properties within the City.
The product of
this task will be an inventory of the problems and naps
which exist in the management information system of the Department and
recommendations for meeting these needs.
Task
6 — Evaluate Opportunities to Streamline or Simplif the Records
Management SYstem.
— One of the concerns expressed in the Request for Proposal was the
records management system. Specifically,ecifically, the current process of retrieving
_ and frustrating both staff and clients.
records from files i s time consum i n9 tasks will i l l be perfo ���ed:
In addressing this issue, the following
Interview the Director to identify the causes of this problem and
• the potential solutions from their viewpoint.
Interview the professional staff who serve the counter to
• identify the common r loes foioaccessingSthesel Iles, and obtain
their input on potential
• Determine if other automated or
i nfo�mafiion source can
to reduce
eloped -- such as
the need for accessing these file systems.
-8-
Determine whether processes or tasks can be engineered to
generate less paperwork or filing retrieval requirements.
Document how other cities manage and file their current planning
applications.
The result of this task would be the identification of methods which
could be utilized to resolve this information retrieval problem.
li
Task 7 — Evaluate Opportunities to Improve Ccmmunication with the Public,
Applicants and City Council .
This task would focus on two issues: (1 ) the adequacy of communication
with applicants (e. a. , requirements for an application to be deemed complete);
and (2) the adequacy of communication within the City organization as it
' concerns planning issues. In completing this task, a number of analytical
techniques will be utilized including the following:
• Review handout materials utilized by the Flanninc Department to
determine their usefulness and understandability.
• Compare these handouts to others utilized by other municipalities
to contrast the type and extent of information provided.
•
Spend a day with the "Planner of the Day" to get a "quick read"
on the quality of instructions and information provided at +he
counter.
Document the extent of use of pre-application conferences to
communicate requirements for complete applications to land use
applicants.
As we interview staff of the Planning Department, we will eiicit
their understanding of the goals and objectives of the
Department, how well performance expectations are communicated to
them, and the Iike.
As we interview the City Council and City Manager, we will
1 . document how well the Planning Department communicates issues_,
status of major land use applications, status of the long-ranee
planning work program the nature of the working relationship,
and the like to keep the City Council and City Manager "alerted"
to emerging problems or concerns. The focus of this specific
segment of the interviews will be to document both positive and
negative aspects of communication and how it can be improved.
The product of this task would be a specific plan of action to improve
communication both with applications as well as within the organization and
the City Council .
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Task 8 — Document User Attitudes Toward the Current Scope and Quality of
Planning Department Services.
In a study of this nature, we feel that it is critical that an attempt
be made to develop an understanding of the attitudes of users towards the
L2 quality and scope of services provided by the Planning Department. To
develop this understanding, we plan to undertake a multi-faceted questionnaire
effort to provide the opportunity for user input regarding the services
i. ; provided by the Planning Department. This questionnaire will focus on such
issues as the following:
r,
I.; The responsiveness and helpfulness of the counter staff in the
4J Planning Department.
The completeness and accuracy of plan checking accomplished by
the Planning Department.
. Whether the turnaround time for ,plan checking is acceptable.
How practical Planning Department -staff are in applying City land
use policies and procedures.
Whether Planning Department staff are knowledgeable and make few
mistakes in reviewing plans.
•
Whether Planning Department staff are thorough in explaining what
developers are to do to correct problems on their plans to
achieve approval .
We would distribute this confidential questionnaire to the development
community. Once questionnaires have been completed and returned, the
questionnaire responses will be tallied and evaluated by our team to
identify major response patterns and resulting issues. Findings would then
be summarized in a progress report form.
Task 9 -- Evaluate the Adequacy of the Existing Organizational Structure of
the Planning Department.
Completion of this task will be based on data venerated in all previous
tasks. The purpose of this task is to both evaluate the efficiency and
responsiveness of the Department' s plan of management organization and
staffing, as well as evaluate the role of the Planning Director. The
evaluation w i l l take into account both current and projected future operations.
To analyze the appropriateness of the existing organization and
managerial roles, we will address such factors as:
What is the extent of supervision of staff of the Department?
• What is the role of the Planning Director in managing the plan
check process; planning and controlling the time of the staff;
supervising the staff; monitoring projects, and the like?
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Does the plan of organization for the Department provide clean
lines of authority and responsibility?
What is the appropriate split of responsibilities between the
Planning Director and Senior Planners and the Senior Planners
and the Associate Planner?
How effectively are the ci erical�nterY i utilized etheo clerical to
staff
public and developers at the
sufficiently screen the public from the staff assigned to the
counter? Would the use of a technician rather than a planner be
more effective in responding to public at the counter?
The product of this task would be a short-range and longer-range plan
of administrative organization and staffing for the Planning Department. The
..: plan would include Identification
onostaPfing,icasgWe�ilca�io+her the
impact of these modifications
these modifications.
lJ Task 10 — Evaluate the Cost Recovery of the Planning Department for
Services Rendered to the Development Community.
In this task, we would focus on two issues: (1 ) whether the Planning
Department is fully recovering its costs for services rendered to the
development community; and (2) whether fees are collected and accounted for
properly. In focusing on these issues, we would accomplish a number of tasks
including the following:
Document the time accounting systems uti i ized by staff of the
1 Planning Department to record the amount of time expended on land
use applications.
Document the amount of revenue received by the Planning
• Department in 1987-1988 for land use applications and the amount
of time expended on these same applications.
Evaluate the adequacy of the time accounting system in terms of
accurately tracking the amount of time expended on applications,
and whether land use applicants are provided a detailed "bill "
for the time expended on their application.
Document the requirements of State law for collecting and
accounting for fees charged for land use applications and
evaluate whether the current system meets these requirements.
Evaluate whether the land use application fees charged by the
City are sufficient to recover its cost, including City-wide
overhead.
The product of this task would be specific recommendations with
implementation plans for revising the time accountinc systems of the Planning
Department, altering fees to assure full cost recovery, and alterations in the
process used to collect and account for land use _ap_plicaticn fans
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Task 11 -- Prepare a Final Report and Provide-Detailed Plans for Implemen-
ting Identified Improvement Opportunities.
Upon conclusion of the analysis, we will prepare a detailed final
report which will summarize the results of the previous work tasks describe
above. The report will include the following:
A detailed evaluation of Department.
•
Improvement opportunities in work planning and control approaches
and major management systems.
Identification and evaluation of key service levels including the
gaps between target and actual service levels. The analysis will
include definition of the relationship between staff utilization
and these service levels and explanation of enhancement
opportunities.
A specific implementation plan covering all recommended improve-
ments consisting of:
- Specific implementation work steps.
- Suggested responsibility for implementation.
- Timing for accomplishing each work step.
- Cost and/or ravines impact of each recommended improvement.
•
• Iv. BACKGROUND AND QUALIFICATIONS OF THE PROJECT TEAM AND FIRM
A highly experienced project team has been formed to assist Dublin
in the analysis of planning services. The specific qualifications of this
consulting team and those of Hushes, Heiss b Associates are summarized on the
following pages:
(1 ) Project Team Members And Their Backgrounds.
The analysis of planning services in Dublin and the subsequent
design of practical and streamlined procedures, programs and staffing
patterns requires a consulting team with a broad range of experience
in: the analysis of planning processes, reculations and programs in a
local government setting; operations analysis including work
simplification and staffing needs assessment as they apply to planning
and other local government programs; and feasibility studies of
inter-governmental service coordination or consolidation.
Our consulting team has been assembled, consistent with these
requirements, and is characterized by the following:
• -12-
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[1 Experience in analyzing county and city physical development and
. control processes, including simplifying and expediting applica-
tion and permit processing steps and times, establishing work
output measures, forms redesign, records management and estab-
lishing management controls. This facet of the team's consult-
ing work was done for such clients as the Cities of Cupertino,
Novato and .Santa Rosa; San Mateo County; Tulare County; Sioux
City, Iowa; and San Diego County's Department of Land Use and
Environmental Regulation.
Experience in operations, productivity and staffing analysis of
• planning services in local government, particularly method
improvement, work simplification and manpower utilization.
;:!
Selected clients served by team members in this phase of consult-
{H ing activity, including planning programs and operations, such
as: San Mateo County; Sioux City, Iowa; Solano County; San
Diego County; and Tulare County.
Experience in feasibility studies involving intergovernmental
service coordination and consolidation such as those done by team
members in Contra Costa County, San Mateo County and other agencies.
Gary Goelitz will serve as the "lead analyst" and project
manager for the consulting team. He has 16 years experience as an
analyst and has evaluated planning operations and physical devel-
opment and control procedures in Novato, Cupertino, the County of
Solano, and Sioux City, Iowa.
John Heiss also wi l l function as an analyst on the consulting
team with emphasis on land use application, review, and approval
simplification and staffing needs assessment. He has 17 years
experience as a consultant and has evaluated planning operations and
land use development and control procedures in San Diego County
Department of Land Use and Environmental Control , San Mateo County
Planning Department, Tulare County, and Sioux City, Iowa.
The organizational chart for the project team follows this pace.
Resumes for each member of the project are attached at the end of the
proposal . The allocation of hours by each member of the consulting
team follows the organizational chart. Each member of the team will be
available for the duration of the project. •
(2) Qualifications of Hughes, Heiss & Associates.
Hughes, Heiss & Associates, a California Corporation, began
operation over 14 years ago. Since that time, it has served over 200
clients on more than 450 separate assignments. Some of the clients
served by the firm and type of work performed are summarized in the
attachment to this proposal . It should be noted that the firm's
experience, could with that of individual team members, provides the
capabilities and skills needed to evaluate planning services in
Cupertino, develop improved procedures and establish needed staffing
patterns.
-13-
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q fa r 1.. �. r 4y 7/s - .- , '€'}:,, S ( n Vii° ? ;t u. , ,*}}�r dEft a.. r - En1 IB IT I ,�i; City of Dublin •
710NAL STRUCTURE OF ,
ORGANIZA E;
T1IE CONSULTING TEAM « ti,
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Proie� Manager
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GARY GOEL ITZ ``
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EXHIBIT II
City of Dublin
ALLOCATION OF CONSULTING
TIME BY TASK
Task Gary Goelitz John W. Heiss Total
1 . Conduct Initial Interviews 14 0 14
2. Develop a Detailed Profile 16 8 24
3. Evaluate the Land Use
Application, Review and 24 16 40
Approval Process
4. Evaluate Staff Utilization 20 0 20
5. Evaluate the Adequacy of
Management Information 8 0 8
Systems
6. Evaluate Records Management 8 0 8
7 . Evaluate Opportunities to
Improve Communication 8 0 8
8. Document User Attitudes 16 0 16
9. Evaluate the Adequacy of the
Existing Organization 8 0 8
10. Evaluate Cost Recovery 0 16 16
11 . Prepare a Final Report 8 8 16
Total 130 48 178
I
ri The listing, which follows, provides client references, positions,
and telephone assignments for similar analytical assignments. We
encourage you to contact them in order to obtain first-hand evidence of
(1 their perceptions of the completeness and high quality of our work.
Li
• San Diego - Developed work standards and evaluated staff pro-
ductivity in the Department of Land Use and Environmental
Regulation. The project manager was John W. Heiss. The project
was conducted in 1980.
Reference: Paul Koenig,- now Director of Environmental Management,
San Mateo County ( formerly Assistant Director of the
County of San Diego)
(415) 363-4000
(590 Hamilton
Redwood City, CA)
Cupertino - Conducted a management audit of the Planning Division
in 1988 including staffing, filinc systems, automation, and
opportunities to streamline the development review process. The
project manager and lead analyst was Gary Goelitz.
Reference: Steve Piasecki, now Director of Planning of the City
• of Campbell ( formerly City Planner for the City of
Cupertino)
(408) 866-2140
(70 North First Street
Campbell , CA 95008) •
City of Novato - Currently conducting a management audit of the
Community Development Department including evaluation of
opportunities to streamline the development review process,
1 ' automation, staffing needs, and the ike. The project manager and
lead analyst was Gary Goelitz.
Reference: Lawrence Tcmasello, Community Development Director
(415) 897-4341
(901 Sherman Avenue
Novato, CA 94945)
San Mateo County - Multiple studies involving establishing a
consolidated development review/one-stop permit center;
implementation of a records management program for the Plan-
.
nina Department; and conduct of a management and staffing
analysis of the Community Development Department. The project
manager was John W. Heiss. The projected was conducted in 1980.
Reference: Paul Koenig, Director of Environmental Management,
(415) 363-4000
(590 Hamilton
Redwood City, CA)
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V. PROJECT COST AND SCHEDULE.
The table, which follows, shows a breakdown of costs associated with
accomplishing the project.
L
STAFF TIME
Staff Member Person Days Total
..a
John Heiss 6 $ 4,320
Gary Goelitz 15 9,000
Sub-Total $13,320
REIMBURSABLE EXPENSES
Travel • $ 100
Subsistence 80
Telephone 50
Report Printing 100
Clerical Support 1 ,350
Sub-Total $ 1 ,680
PROJECT TOTAL $15,000
It is our practice to bill monthly for our. actual charges for staff
time and reimbursable expenses. We would be pleased to enter into a fixed
jprice contract for the amount shown above.
The tentative work schedule prepared for this project indicates the
analysis of the Planning Department would require three months to complete.
The specific work schedule is presented in the exhibit following this page.
Vi. STATEMENT OF COMPLIANCE
This proposal is in strict compliance with the request for proposal and
Draft Agreement and no exceptions to either are proposed.
* *
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- 'EXHIBIT I I1 �r , -:z
City of Dublin
• . PROJECT WORK SCHEDULE •
Weeks for Contract Start Date
Task 0 1 2 3 4 5 6 7 8 9 10 11 12
L 1 . Conduct Initial Interviews
2. Develop a Detailed Profile
Ell3. Evaluate the Land Use
Application, Review, and
O. Approval Process
4. Evaluate Staff Utilization
5. Evaluate the Adequacy of
Management Information
rr Systems
f
Ls 6. Evaluate Records Manage-
ment System •
9 7. Evaluate Opportunities
to Improve Communication
-E.1 8. Document User Attitudes
9. Evaluate the Adequacy of
the Existing Organization
LI
10. Evaluate Cost Recovery
•
11 . Prepare a Final Report
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,., We appreciate the. opportunity to submit-fa 7 proposal . if..you have any ' ' .
questions concerning the :proposal , p l ease do not '=hesitate to :contact,:me. -
We view this as an Interesting and challenging project and-hope to have
opportunity to meet with you and your selection committee"to present our .
approach and qualifications in greater detail
2 _ Sincerely yours,
1i p:L2.15i) .
:_U- • `4 I k '. , -3 ,
Gary Goelitz HUGHES, HEISS & ASSOCIATES
EAssociate - San Mateo
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ATTACHMENT
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City of Dubiin
RESUMES OF PROJECT
TEAM MEMBERS
12
1 . Gary E. Goelitz — Project Manager and Lead Analyst
Li A Senior Associate with Hughes, Heiss and Associates, Mr. Goelitz
has been an analyst to local government for almost sixteen years. He
specializes in analyzing staffing and productivity issues. Mr. Goelitz
' has managed and worked n all our firm' s recent assignments analyzing
planning services. Mr. Goelitz has BA and MPA degrees from the
University of Southern California.
• Mr. Goelitz functions as project manacer and lead analyst In the
analysis of planning services for the cities of Cupertino and Novato,
and as project analyst in the analysis of planning services for Solano
County and Sioux City, Iowa.
i
2. John W. Heiss — Project Analyst
Mr. Heiss has more than nineteen years' consulting experience to
local government. He was co-founder of Hushes, Heiss and Associates in
1974. He has a BA degree from Dartmouth College and an MBA Degree
from the Wharton School of Finance at the University of Pennsylvania.
He has functioned as project manacer and lead analyst in the
analysis of planning services for the San Dieco County Department of
Land Use and Environmental Regulation, the San Mateo County Planning
Department, the City of Santa Rosa, County of Tulare, and Sioux City,
-- Iowa.
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5,�ma ,. ,a- 9. EXHIBIT B
t J; i' T: �s , City shall pay Consultant the total sum of $15,000 for
4''°' '`-�14-,`� nG'4 r P services required pursuant to this Agreement. The above sum is
x 7-' tx � ,_ based upon established hourly rates and estimates of time and
�2 :c y,. �Vf'i fit. t
.ter` 's�sai ;: expenses. (Estimated professional services costing $13,320 and
e'e: a 5 ' estimated expenses of $1 ,680. ) Consultant will bill City one-
i + 5 "4' ;- third of the contract amount ninety (90) days after the work has
k„ ` -'ev, �V �f-- proceeded. Said billing shall be for services rendered and
W4 ^.� 4�4 ; expenses specified in the proposal for materials provided by
%a irk4" , Consultant. The balance of the total contract amount will be
i ` + { f , � etas
- F ,"'1 y ,; . billed upon completion of the work provided for in the proposal.
y `' .4 "'4k ''� ,.s Said final payment to this Agreement shall be paid by City within
rr P Y 9 P Y Y
N y'.' `ya * forty-five (45) days after completion of the services provided
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-▪ F�s a,i- � t €*` . that all services due pursuant to this agreement have been
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} , satisfactorily performed.
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The total sum stated above shall be the total which City
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shall pay for the services to be rendered by Consultant pursuant
- to this Agreement. City shall not pay any additional sum for any
.,: expense or cost whatsoever incurred by Consultant in rendering
services pursuant to this Agreement.
City shall make no payment for any extra, further or
additional service pursuant to this Agreement unless such extra
service and the price therefore is agreed to in writing executed
by an official of City authorized to obligate City thereto prior
to the time such extra service is rendered.
The services to be provided under this Agreement may be
halted or postponed at any point in time at the sole and
"'o - exclusive discretion of City. In this event, City shall
compensate the Consultant for all outstanding costs incurred to
date of written notice thereof and terminate this Agreement.
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Consultant shall maintain adequate logs and timesheets in order
} 9,t '`�`}''<¢ - to verify costs incurred to date.
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� � �p; City shall furnish physical facilities such as desks,
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,� t � w> filing cabinets, and conference space, as may be reasonably
• js ..f.' s" ? '4 necessary for Consultant's use while consulting with City employees
Id,��, :.- i _r .� and reviewing records and the information in possession of City. The
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4 * ` ' ti p+#` location, quantity and quality, and time of furnishing said physical
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�'".i ' , facilities shall be in the sole discretion of City. In no event
shall City be obligated to furnish any facility which may involve
4 �'" -. 't incurring any direct expense, including, but not limiting the
• ,� < 4;� ; generality of this exclusion, long-distance telephone or other
ye 1;;: a• t� +:r /;g �.'°, �...•
s3k ., Y communication charges, vehicles, and reproduction facilities.
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• EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement, Consultant shall be an independent contractor and shall not
• be an employee of City. City shall have the right to control
Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, City shall not have the
right to control the means by which Consultant accomplishes services
rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Consultant represents and warrants to
City that he has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Consultant to
practice his profession. Consultant represents and warrants to City
that Consultant shall, at his sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Consultant to practice his
profession.
3. TIME. Consultant shall devote such time to the performance of
services pursuant to this Agreement as may be reasonably necessary for
satisfactory performance of Consultant's obligations pursuant to this
Agreement. Time is the essence of this Agreement.
4. INSURANCE.
(a) Public Liability And Property Damage. The Consultant shall
take out and maintain in the name of the Consultant and the
City during the life of the Agreement, such public liability
insurance as shall protect himself, the City, its officials,
officers, directors, employees and agents from claims which
may arise from operations under the Agreement, whether such
operations be by himself, by subcontractors, or by anyone
directly or indirectly employed by either of them. This
liability insurance shall include, but shall not be limited
to, protection against claims arising from bodily and
personal injury and damage to property resulting from the
Consultant's, City's or subcontractor's operations, use of
owned or nonowned automobiles, products, and completed
operations. The amounts of insurance shall not be less than
the following:
Single limit coverage applying to bodily and personal
injury liability and property damage: $1,000,000.00 or a
lesser amount deemed sufficient by the City Manager.
The following endorsements must be attached to the policy:
(1) If the insurance policy covers on an "accident"
basis, it must be changed to "occurrence".
(2) The policy must cover personal injury as well as
bodily injury.
(3) The policy must cover complete contractual
liability. Exclusions of contractual liability as to
bodily injuries, personal injuries and property
damage must be eliminated from the basic policy
endorsements.
(4) Broad form property damage liability must be
provided. Deductible shall not exceed $500 without
special approval of the City.
Page 1 of 3
(5) The City must be name( an additional named insured
under the coverage afforded with respect to the work
being performed under the Agreement.
4
(6) An endorsement shall be provided which states the
coverage is primary insurance and that no other
insurance effected by the City will be called upon to
contribute to a loss under this coverage.
(7) The insurance policy shall contain a standard form of
cross-liability.
• (8) The insurance policy shall provide for an
unconditional notice of cancellation. Should the
policy or policies be cancelled before the expiration
date thereof, the issuing company will mail 30 days
written notice to the City.
(b) Worker's Compensation. During the term of this Agreement,
Consultant shall fully comply with the terms of the law of
California concerning worker's compensation. Said
compliance shall include, but not be limited to, maintaining
in full force and effect one or more policies of insurance
insuring against any liability Consultant may have for
worker' s compensation.
(c) Professional Liability. Consultant shall carry professional
liability insurance in an amount deemed by the City to
adequately protect the Consultant against liability caused
by negligent acts, errors or omissions on the part of the
Consultant in the course of performance of the services
specified in this Agreement.
(d) Certificate of Insurance. Consultant shall take out and
keep policies of public liability, property damage, worker's
compensation and professional liability insurance in full
force and effect during the term of this Agreement and shall
submit to City a policy, certificate or certificates of
insurance evidencing such coverage prior to commencement of
work.
5. CONSULTANT NO AGENT. Except as City may specify in writing,
Consultant shall have no authority, express or implied, to act on
behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, express or implied, pursuant to this
Agreement to bind City to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that City,
in its sole discretion, at any time during the term of this Agreement,
desires the removal of any such persons, Consultant shall immediately
upon receiving notice from City of such desire of City cause the
removal of such person or persons.
8. STANDARD OF PERFORMANCE. Consultant shall perform all services
required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in
which Consultant is engaged in the geographical area in which
Consultant practices his profession. All instruments of service of
whatsoever nature which Consultant delivers to City pursuant to this
Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Consultant's profession.
Failure of CITY to agree with CONSULTANT'S independent
. , findings, conclusions or recommendations, if the same are called for
under this agreement, on the basis of differences in matters of
judgment shall not be construed as a failure on the part of
CONSULTANT to meet the requirements of this agreement.
_ PACE 2 OF-3
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant
• shall take all responsibility for the work, snail bear all losses and
. damages directly or indirectly resulting to him, to any subcontractor,
to the City, to City employees, or to parties designated in any
Special Provisions, on account of the performance or character of the
work, unforeseen difficulties, accidents, occurrences or other causes
predicated on active or passive negligence of the Consultant or of any
•
• • subcontractor. Consultant shall indemnify and hold harmless the City,
• its officers, officials, directors, employees and agents from and
against any or all loss, liability, expense, claim, costs (including
costs of defense) , suits, and damages of every kind, nature and
description directly or indirectly arising from the performance of the
work.
Approval of the insurance contracts does not relieve the Consultant or
subcontractors from liability under this Hold Harmless and
Responsibility of Consultants clause.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may
be funded by fiscal assistance from another governmental entity,
Consultant shall comply with all applicable rules and regulations to
which City is bound by the terms of such fiscal assistance program.
11. INTEREST OF CONSULTANT. In accepting this Agreement, Consultant
covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the services
hereunder. Consultant further covenants that, in the performance of
this Agreement, no subcontractor or person having such an interest
shall be employed. Consultant certifies that no one who has or will
have any financial interest under this Agreement is an officer or
employee of City.
12. OWNERSHIP OF WORK PRODUCT. If requested in writing by the City,
all documents prepared oy Consultant snail become tne property of tne
City upon completion of the project or termination of this Agreement.
The Consultant may retain a copy of all material produced by
Consultant pursuant to this Agreement for use in its general business
activities. Should the City desire to use the work completed under
this Agreement for purposes other than those intended under this
Agreement, the City will notify Consultant in writing prior to any
other reuse of said documents.
•
Page 3 of 3