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HomeMy WebLinkAboutContracts & Agreements_27-2012_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL CONSULTING SERVICES This agreement for professional coaching services ("Agreement") is made and entered into this 17''day of November, 2011 ("Effective Date"), by and between the City of Redlands, a municipal corporation (-City") and David L. Baker ("Consultant"}. City and Consultant are sometimes individually referred to herein as a"Party"and,together, as the"Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT Ll City hereby engages Consultant to perform professional coaching services and conduct a training needs assessment for City staff (the "Services"). The specific Services which Consultant shall perform are more particularly described in Exhibit '*A," entitled "Scope of Services,"which is attached hereto and incorporated herein by this reference. L2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of services. 1.3 Consultant shall comply with all applicable Federal. State and local laws and regulations in the perfonnance of its obligations under this Agreement including, but not limited to, the Americans with Disabilities Act and the Fair Employment and Housing Act. ARTICLE 2- RESPONSIBILITIES OF CITY 2.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 12 City designates Debbie Scott-Leistra. Human Resources Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 3 - PAYMENT AND NOTICE j.I The total compensation for Consultant's performance of the Services shall not exceed the amount of Three Thousand Dollars ($3:000M). City shall pay Consultant on a time and materials basis up to the "not to exceed" amount, based upon the rates shown in Exhibit "A." 3.2 Consultant shall submit an invoice to City upon completion of the Services. Consultant's invoices shall include a brief description of the Services performed;the dates the Services were performed, the number of hours spent and by Vvhom, and a description of 1,16 11 c reimbursable expenses, if any. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. , provided (1) the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, and (1) that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. 33 All notices shall be given in writing by personal delivery or by mail. Notices, sent by mail should be addressed as follows: City: Debbie Scott-Leistra City of Redlands PO Box 3005 Redlands,CA 92373 Consultant: David L. Baker 3243 W. Meyers Road San Bernardino, CA 92407 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to whom notices and payments are to be given by giving notice pursuant to this section. ARTICLE 4 - INSURANCE AND INDEMNIFICATION 4.1 All insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30)days prior written notice to City. 4,2 Consultant shall secure and maintain business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability throughout the term of this Agreement.This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles,and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured. 4,4 Consultant shall defend, indemnify and hold harmless City and its elected officials, I I employees and agents from and against any and all claims, losses or liability, including attorneys fees, arising from injury or death to persons or damage to property occasioned al 2 1 caWan'A greermn&David BakeA greement 11 16 11 doc by Consultant's and its officers% employees' and agents' negligent and wrongful acts or omissions in performing the Services. ARTICLE 5 -CONFLICTS OF INTEREST Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services.Consultant further covenants and represents that in the performance of its duties hereunder,no person having any such interest shall perform any Services under this Agreement. 52 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i)the making or any City governmental decisions regarding approval of a rate, rule or regulation,or the adoption or enforcement of laws; (ii)the issuance,denial. suspension or revocation of City permits, licenses, applications,certifications, approvals, orders or similar authorizations or entitlements-, (iii)authorizing City to enter into, modify or renew a contract; (iv)granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) granting City approval to a plan,design, report, study or similar item; (vi)adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. S,3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. 1'-caApm-Agreements'David Baker A greement,11 1,6 11 doc ARTICLE 6 -GENERAL CONSIDERATIONS 6.1 A_ttomeys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief. be entitled to the recovery of its reasonable attorneys'fees, including fees for the use of in-house counsel by a Party. 6.2 Prohibition Against Assignment, Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms,and conditions of this Agreement. 6.3 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth.Consultant shall supply necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by Cit-v for the account of,or on behalf of City. Consultant shall have no authority,express or implied,to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority,express or implied,to bind City to any obligation. 6A Termination. A. Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City, in its sole discretion,by providing five(5)days prior written notice to Consultant(delivered by certified mail,return receipt requested)of City's intent to terminate. C. If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made, but(1) no amount shall be allowed for anticipated profit or unperformed Services, and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 6.5 Entire Agreement/Amendment.This Agreement, including the Exhibit incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement.Except as otherwise provided for herein, an amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 6.6 GoveminQ Law..This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4 I'ca'-.dwAgn Y cennen&,Davia Baka Agreement,11 16 11 doc IN WITNESS WHEREOF, duly authorized representatives of the Cite and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS CON ULTAT . By: By. Tina T. Kundig u David L. Baler Finance Director/City Treasurer ATTEST: Sam tr%vin,nity fere z et Agte,n:€°:tH,16 1 dad November 29.'2011 3,2143 W_ Meyers Road San Bernardino, CA 92407 Ms. Debbie Scott-Leistra Human Resources Director City of Redlands PO Box 3005 Redlands. CA 92373 RE: City of Redlands: Revised Scope of Service for Training Needs Assessment Dear Ms. Scott Leistra: -chis is in response to the City's request for a revised scope ofservice for the previously propose d'Frainhig Needs Assessment. Specifically, the City has requested a fourth focus group and has used a ditTerent nomenclature for the four groups. "Graining Needs Assessment(TNA) The purpose of this revised scope is to suggest a way forward to conduct a TNA that includes a fourth focus group. As previously discussed, there are several reasons why I recommend a careful. front-end TNA as outlined below: i. To Identify specific challenges and opportunities that the City of Redlands faces over the next seN oral tears that training should address-, Z7� 2. To obtain the department directors and senior leadership perspectives to ensure any training considered directly contributes to improved city operations for the community's benefit; 3 _i, To develop expectations that enable evaluation of the effectiveness of the training;and 4. To establish a cost-benefit analysis that will enable the evaluation of training value to the organization.(This should be developed by City staff recognizing that some benefits will be difficult to quantify. The Human Resources Director's engagement team can flush out the factors to be considered.) Focus Groups Focus groups and a participara survey are recommended as the methods to formulate the TINA. Th.-se methods also fficilitate defining the specitic training topics to be offered. The following outlines the sequential steps for these activities. I. Dil,ector Focus Group: Meeting' %vith the Citi*s departnienta I directors to review the the four points, listed Linder the TAN. Fstifflated duration ofnieetino 75-90 minutes. 2. erIor Leadership Focus Group: N-leeng ith thy:Cit, 's leadership(second in command) tearn to review the tour points listed Linder the TAN. Estimated duration of meeting 75-90 Ininutes. 3, 1--'OCLIS Group I- Meeting \vith potential trainee participants to review the four points listed Under the TAN. Estimated duration of inceting 60-75 minutes. 4. FOCLIS Group 2: Meeting �vith potential trainee participants to revic-,v the four points listed under the TAN. Estimated duration ofineeting 60-75 minutes. z:- 5. Director Focus Group: %-lecting with the Clo,'s, same departmental directors to debrief them on the multiple levels of input. Estimated duration of meeting 45-60 minutes. Participant Survey A survey would be distributed Lhr0U0h the Citv to Focus Group I and 2 members prior to their re,spective`,roup meetings. Participants will be requested to anonymously complete the surve�, prior to their respective focus group meeting. The survey is anticipated to take less than 20 ruiuUteS to Complete. Lofyistics All rneetints are recommended to take place on, the City ot'Redlands premises with days and tnncs rnutuallv aLreeablc in consultation with the FlUman Resources Director and/or Cita Manauer. Deliverables I lie consultant will be responsible for the preparation of as report to the City Manager within one ,, I�eek of the debriefin�_, session kvith the Senior leadership Focus Group, The consultant will prole ide the followin') I. SUnimary of corriments by croup. 0Lerall surnmary anaiNsIs from a]I ifflj['Ut and recommendations for specific training topics. Consideration Fhe consultant shall bill time at the r-ate oi-SI 50 per hour ��orked ith an overall to exceed" aall i 'ollows, _)tint rcoardless of actual irne ,vorked. .,,\ surnmark OfactiN ities I -- --- - ------- --- ---- --- _ rletivitN _ _ _ Est. flours Director Focus Gr01,11,— Inidill nle tin-, (Preparation. a tual meeting. & # O sunimarN development) Senior I-eadership Focus; Group Initial meeting, � (Preparation. actual m cting, & stimnnary dexelopmcnt) I OcEas Group I Meeting. (Preparation. sure c}. actual tncetin<>. sutnntary j �. development) I~oc us Group N—leettttg. (Preparation, scarN c}. actual mecting. summary 3. cls�elopment) Director Focus Group Dehraclin- session. (Preparation & actual 1-n ctin,T} 1, Overall report preparation. reconir�endations fir training. � 4.0 _ Total hours ' '70.0 otal compensation for the en�agetncnt shall not exceed S'.000 ("�() � 1-50 per hour= #,{)(}�}) Alternative Approach I'he City of Redlands may develop its oke n TAN with cite staff andlor simply specify traininfl topics and duration of trainino by topic for consultant review, The consultant welcomes the w Opportunity to ;nitre a proposal to proN ide all or pati of the Cit}'s training needs. Concluding Comments Thank you for the opportunitN to scrvc the Ota tit'lZcdI ands. Rewards, tY D a\id l,. Baker c: Mr. N. Enrique Martine/ City Manatyer,Cite cel`Redlands > "ttia n street. quite 200Redlands. CA 9 DECLARATION OF DAVID L. BAKER 2 1, David Baker, declare as follows: 4 I On November 17, 2011, 1 entered into an agreement(the"Agreement'')with the 5 City of Redlands("Citv")to provide professional coaching services and training needs 6 assessment for the City. 2. The Agreement requires me to provide certain vehicle insurance coverage as a to condition of providing services for the City. 11 12 3. On November 29,2011, 1 provided the City with a certificate of insurance 13 14 evidencing the vehicle insurance coverage required by the Agreement. 15 16 1 4. From the date of November 17, 2011 through November 30, ?011, 1 hereby 17 18 represent to the City that there have been no claimable insurance issues associated with the use 19 of my vehicle. 21 5. 1 declare under penalty of perjury under the laws of the State of California that the 22 above statements are true and correct. 23 This Declaration was executed on December 6, 'Lot 1, at Redlands.California 24 26 27 David L. Baker, Declarant 28 of Dav�d Baker thac I Purchase quisitio 4 8 Prepared by: ��� Date:ZZ � �, �'�� Requesting Dept: Authorized by: Date: Suggested e'en er: Person to contact if ions arise. Ext: Phone 4,' i -t/ Web Site: Deliver order to: C Dept: For use by Purchasing Yeast.tint Required delivery by: Equip EOE` DATE: DESCRIPTION APPROX.PRICE EA. Account Number: , ®appy to entire order 2 r 3 4 Account Number: for lines 5-7 5 6 7 Additional Instructions 1 Comments: Estimated Tax Estimated Shipping Estimated Total NOTE:PLEASE PROVIDE ALL QUOTES YOU MAY HAVE.