HomeMy WebLinkAboutContracts & Agreements_107-2016 AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with Sahar Consulting, LLC
("Agreement") is made and entered in this �� , 2015 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City)" and Sahar Consulting, LLC
("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
1.1 City hereby engages Consultant to provide professional coaching and organization
diagnostics services for City's Human Resources 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 like and similar types of Services.
ARTICLE 2---SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perforin are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to State prevailing wage
laws.
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 Amy Martin, Director of Human Resources/Risk Management, 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 perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," entitled "Cost/Fee Proposal,"
which is attached hereto and incorporated herein by reference. The Services shall
commence within ten(10)days of the Effective Date of this Agreement.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount thirty thousand dollars ($30,000). City shall pay Consultant on a time and
materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled
"Cost/Fee Proposal." Exhibit "B" is attached hereto and incorporated herein by this
reference.
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, the number of hours spent and
by whom,and a description of reimbursable expenses related to the project. City shall pay
Consultant no later than thirty(30) days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City Consultant
Amy Martin, Director Sahar Andrade, MB.BCh, Vice President
Human Resources Department Sahar Consulting, LLC
City of Redlands 9970 Weatl and Ave.
35 Cajon Street, Suite 10 Shadow Hills, CA 91040
PO. Box 3005 (mailing)
Redlands,CA 92373
ARTICLE 6— INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall riot perform any Services unless and
until the 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. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior
written notice to City.
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6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "C," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to performance of the Services.
6.3 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 and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars (S 1,000,000)per claim made.
6.5 Consultant shall secure and maintain business auto liability coverage, with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined single limit 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, mired and
non-owned vehicles, and employee non-ownership vehicles. City shall be named as an
additional insured and such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City.
6.6 Consultant shall defend, indemnify 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 any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7--CONFLICTS OF INTEREST
7.1 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 perforin any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
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(i) approve a rate, rule or regulation,or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval,order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant 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) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant 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 perforin 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.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE S_..GENERAL CONSIDERATIONS
&I 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 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk_
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor, Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all 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 City for the account of, or on behalf of City. Consultant
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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.
8.5 Unless earlier terminated as provided for below, 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 not less than five(5) days prior written notice
to Consultant of City's intent to terminate. 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. Upon receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Services and, within five(5)
days of the elate of the termination notice, deliver or otherwise make available to City,
copies (in both hard copy and electronic form, where applicable) of project related data,
design calculations, drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by Consultant in
performing the Services. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Consultant shall maintain books, Iedgers, invoices, accounts and other 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 reasonable times
for examination by City at the office of Consultant.
8.7 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. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 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 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.
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IN WITNESS WHEREOF, duly authorized represent ati ves of City and Consultant have Signed
in confirmation of this Agreernent,
CITY OF REDLANDS Sahax Consulting, TAX
By By:
...............
'fin-a-Run'dig, Financ"e D i rector Saba Andrade, MB-B(Ai, Vice President
ATTEST:
Sam IrvH ', Cfty Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
The City is seeking one-on-one employee coaching to support the development of its
management and professional team. Specific scope of work include, but not limited to, the
following:
a. Assess employee's strengths and development areas;
b. Utilize assessment instruments relevant to the specific coaching situation, including
360 degree feedback
c. Develop and implement development/learning plans;
d. Debrief feedback and use the results to develop action plans;
e. Ability to address situation issues requiring:
i. Change management
ii. Communications skills
iii. Time Management
iv. Performance Management
v. Interpersonal relationships
vi. Strategic Planning
f. Meet periodically with employee for face-to-face coaching sessions and/or telephonic
communications,mutually acceptable to both parties.
g. Meet with Director, Human Resources to discuss progress and level of satisfaction
with coaching program.
h. Provide strategies to assist emerging leaders to strongly position themselves for higher
level and or executive roles
i. Identify tools to establish or enhance an executive presence including but not limited to
communication, presentation,negotiation, facilitation, and problem solving skills
j. Provide techniques to inspire creativity, innovation,vision, and global thinking
k. Assess obstacles to advancement and create a plan to overcome said obstacles
1. Identify areas of improvement and create a plan to address those areas
m. Other executive coaching services as requested by the City
Coordination of any assigned project will be through the Director of Human Resources.
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G- GOSTl FEE PROPOSAL.
RFP#201 603' 7AM
1- Coaching Services
Service Rate
One on One Executive Coaching $325.00 per Hour (Minimum billing at 30
(Face to Face, Skype Conference call or minutes)
phone call) Minimum 10 coaching sessions of 1 hour
and 30 minutes to 2 hours each
Group Coaching (2 to 5) $450.00 per Hour (Minimum billing at 30
(Face to Face, Skype Conference call or minutes)
Conference phone call) Minimum 10 coaching sessions of 1 Dour
and 30 minutes to 2 hours each
This includes 1511/a discount for Government agencies
2- Organization Assessment/ Cultural audit
DESCRIPTION Rates/ Per unit or hour Total Rate
Initial Meeting to set the guidelines to the ro'ect
2 hoursJ $325.00 1 $ 650.00
Preparing the surveys, questions, and needed documents including looking at
the related complaints documents
4 hours $275.00 $ 1,100.00
One on One Interviews
4 hours interviews $325.00 L $1,300.00
Data trac Sjn , Analysis and reporting from the surveys/ re ortst interviews
4 hours $275.00 1 $1,100.00
Present"rn the re ort including the suggestions (Meeting)
4 hours and 15 minutes $325.00 $ 1,381.25
SUBTOTAL $ 5,531.25
10% discount
$ 553.00
TOTAL $ 4,998.25
Horne of the D.I.A.L.O.G. TM Programs
9970 Wheatland Ave--Shadow Hills, CA 91040
(818) 861 9434- Phone 1 (898) 352 0851- Fax
www.saharconsulting.com
SM-l'4t -onsuluneg, LI.L.
F.. Sahar
a Identify action planning priorities:
a Identify Action Planning Team Groups, Leads, and
Team Members who will develop action/
programmatic plans -Action Planning Teams
a Identify responsibilities and timelines for plan
execution
® Define high level communication strategies and
timeline for plan execution
Assess organizational infrastructure requirements to
support plan
Establish a risk management plan
Offer meetings/ sessions agendas, minutes and
summary reports
Prepare a Strategic Planning Document that
incorporates all information noted above
Review and get approval of Strategic Planning
Document (Assumes meetings with the organization
and their assigned Project Manager
29,450.04
Kick off Action Planning teams (Maximum 9 Teams)
working concurrently (1-3 FULL days). Meetwith each
team twice before closin out consulting involvement.
Incorporate work group information into Strategic Plan
Phase III -2-4 within 7 working days of the close of the Work Group
weeks Planning Event (s).
Action plans will include responsible person, action,
budget, and timeframes and success criteria.
Present Final draft of the Strategic Plan document to
the organization of record or to the assigned Project
Mana er and determine review and follow up.
32,717.00
Based on comments during the review, we will finalize
the strategic plan document (Will include graphics,
Phase IV -2-4 narrative texts, and pictures as appropriate
weeks Together with the organization's Project Manager,
IMPLEMENTATION Executive team, and Key stakeholders will chart a plan
of implementation with milestones, timeframes,
responsibilities and deliverables
Follow up and Result measurement 21an delivered
45,076.40
Total 123,767.00
Home of the D.I.A.L.O.G, n'' Programs
9970 Wheatland Ave — Shadow Hills, CA 91040
(818) 8619434- Phone 1 (818) 352 0851- Fax
www.saharconsulting.com
EXHIBIT `FCT
WORICERS" COMPENSATION INSURANCE CERTIFICATION
Eveq,f employ r', except the State, shallsecure the payrrnenl ofconaq)ensufion in one of, Inore of
the fifflowinMu way"'r
(a) By being insured against liability to pay cornpensationby one or more insurers
duly awhorizud to write, compensation insurance jr, this State,
(b) By sectiring frcnn the Director of" bards trial Relations, a ceafficate c.)fconsent to
self-insure, either as an individUal employer, or as one employer in as group of
erriployers, ,wvhich lrnay be given up�ori Furnishing proof sstisto the Director
of Indusuial Rehations of abilit'y to self-insure and to pay any conipensation fi'lat
ni,a,y becorne due t(:) 1-tis w her e,,uqfloyees
CHECK ONE
I ain aware f-rf the provisions of' Section 3700 of the Labor Code which rcquims every
crnployer to be insured against fiability for Workers' Cornpensation or to weird ertak'e sel-f-
insurauce in arc ortlance with the provisions oflhtil Code, and I will cornply with such provisions
before coinmencing tha! perfinananec (,)fthe work and activities required or permfttcmd under this
Agreernea, (Labor("ode §186 1
affin-rn that at all times, in perfin-Ming the work and activities required or perinitted render
this Agreement, I shall rmt employ any person in any maulner such that I become subject to the
workers' cornpLjjSZjtj(_-)jj of- California, Huwever, at any time, if I employ any person such
that I become sul,-�jccl to the workers' con"i pens atio n laws (..)f Calif.bunia, immediately I shall
pr(.wide the City with a cerfificate of consent to self-insure, rare a certification of workers'
compensation insurance,
I certify under penalty of jxnjury under the laws ofthe State of'Cali fbrnia that the iriffirluati on
and te
-presentations niade in this cedificaW are trueand correct.
sallar Consulting, 1.1"C'
Sahar Andrade, MB,B(,',h, Vieca President
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