Loading...
HomeMy WebLinkAboutContracts & Agreements_158-2013_CCv0001.pdf AGREEMENT TO FURNISH TEAM BUILDING AND EMPLOYEE EVALUATION SERVICES This agreement to furnish team building and employee evaluation services ("Agreement") is made and entered into this 91h day of August, 2013 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Leadership Empowerment Charter ("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 LI City hereby engages Consultant to perform team building and employee evaluation services in connection with City's Municipal Utilities and Engineering Department (the "Services"). 1.2 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 similar types of Services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit "A." entitled"Proposal to Conduct Executive Recruitment," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal. State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act and the Fair Employment and Housing Act. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Chris Diggs 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 4- PERFORMANCE OF SERVICES 4.1 Consultant shall perforin the Services in a prompt and diligent manner and in accordance with the schedule set forth in Exhibit-A.- I 4.2 At any time during the term of this Agreement. City may request that Consultant perform Extra Services. As used herein. "Extra Services" means anv work which is determined necessary by City for the proper completion of the Services, but which the Parties did not necessary reasonably anticipate would be at the time of execution of this Agreement. I 1 9 Provided the Extra Work does not exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties, by written amendment to this Agreement, executed by City's City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 City shall pay Consultant the sum of Twenty Two Thousand Five Hundred Dollars ($22,500)as compensation for the Services. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, and a description of 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 the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. 5.3 All notices shall be given in writing by personal delivery or by United States mail, Notices sent by mail should be addressed as follows: CConsultant Chris Diggs Steve Baghoomian Deputy MUED Director Leadership Empowerment Charter City of Redlands 1010 North Central Avenue, Suite 300 P.O. Box 3005 Glendale, CA 91202 Redlands, CA 92371 Tel: (310)434-1100 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 who notices and payments are to be given by giving notice pursuant to this section 5.3. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 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 7 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. 6.2 Workers Compensation and Employer's Liability. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California, with an insurance carrier acceptable to City as described in Exhibit "B." entitled "Workers' Compensation Insurance Certification,- which is attached hereto and incorporated herein by this reference. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Business Auto Liability Insurance. 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. 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. 6.5 Hold Harmless and Indemnification. Consultant shall defend, inderrinifiv and hold harmless City and its elected officials. 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 by Consultant's and its officers% employees' and agents' negligent acts or omissions, or willful misconduct, in performing the Services. ARTICLE 7 - CONFLICTS OF INTEREST 7.1 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act be-cause Consultant: A. Does not make or participate in: (i) the making or any governmental overnmental 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; 3 (iii) authorizing City to enter into, modify or renew a contract: I (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 all 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. 7.2 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. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 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. 8.2 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. 8.3 Consultant is for all purposes under this Agreement an independent contractor and should perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Consultant are for its account only. and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City 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, 8.4 Unless earlier terminated., as provided for herein, this Agreement shall terminate upon completion and acceptance of the Services by City, This Agreement may be terminated by City., in its sole discretion, by providing five (5) business days prior written notice to Consultant (delivered by certified mail, return receipt requested)of City's intent to terminate.If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but 4 (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. 8.5 Consultant shall maintain any and all books, ledgers, invoices. accounts and all other =1 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 8.6 This Agreement, including the Exhibits 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. Any amendment to this Agreement shall be in writing,approved by City and signed by City and Consultant. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.8 If one or more of the sentences, clauses., paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS J LEA DERSH 11kNMIPOWERMENIT CHARTER h By: By:— Tina T. Kundig, Finance Director Steve Baghoomian, Organizational Trainer Attest: A V Sam Irwin, City�Cle'r�kN�� 5 EXHIBIT "A" SCOPE OF SERVICES Overview: The Municipal Utilities and Engineering Department is seeking an evaluation of the department .staff's roles (approximately 20 employees), responsibilities. and talents in an effort to utilize them in the most effective manner. The goal of this project is to provide the department with the tools and skills necessary to elevate the department's teamwork and productivity to a higher level and to assist individual employees in their personal and professional development. The consultant shall clarify what type of work habits and skills are necessary to be successful in each job,"assiariment, and provide the tools to effectively analyze/evaluate existing and potential employee's natural and potential work styles, talents, and habits. This project is intended to accurately assess the personal gaps and provide effective processes, policies, and training to increase individual and team productivity. With these team building and training tools, management intends to develop a better understanding of and enhance each employee's contributions and potential. Finally, this process will also allow management and key staff to identify and communicate the specific needs of the department to future employees. With these team building and training tools, management will look to develop well defined expectations of each employee and assignment. In doing so, this process will allow management to better identify and communicate the specific needs of the department. Obiectives: • Find potential employee skills gaps, motivators, mentoring and coaching possibilities, and advancement possibilities, • Identify styles and skills of each member of the department- • Determine gaps in the overall skill map of the department; • Clarify the role and expectation for each employee: • Identify the skill sets needed for each role; • Identify where each employee will naturally excel; • Provide each employee with an understanding of their strengths. unique qualities, and areas for advancement, and how they can contribute and improve their benefit to the team; • Improve interpersonal communication effectiveness: • Increase the understanding of the group structure and improve conflict resolution; • Increase public speaking confidence, lack of confidence unconscious behaviors: • Develop manager teaching skills and improve their ability to identify the right people for the right roles for increased productivity and effectiveness. The final solutions offered should enable managers and key staff to identify the fight people for the right roles, achieve predictable results from new hires as well as current employees, develop effective team building plans, and to enable managers to develop programs to maximize performance for staff throughout the organization. Short and Long Term Benefits and Goals: • Create a less stress filled and more enjoyable work environment for employees; • Improve customer service; 6 • Enable a powerful interpersonal communication commonplace; • Allow for honest feedback and authenticity to be delivered and received: • Create a space with more recognition & acknowledgment of successful accomplishments; • Dramatically improve candidate selections and increase employee retention; • Improved productivity and motivation: • Obtain the skills necessary to better motivate employees to reach their full potential; • Obtain the skills to encourage positive behavioral change and focus on high performance targets. 7 EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM TEAM BUILDING AND EMPLOYEE EVALUATION SERVICES Every employer except the State. shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations. a certificate of consent to self-insure. either as an individual Z-1 employer or as one employer in a group of I employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code §1861). Leadership E w rment Charter rj By: 2- Steve* Date: