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HomeMy WebLinkAboutManagement Partners (5)AGREEMENT THIS AGREEMENT is made and entered into on the 8th day of September, 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Management Partners (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CQNTRACTQR. Shall provide or furnish the following specified services and/or materials: Management Partners shall provide services as outlined in Exhibit "A." 2. ....XHIL31TS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR as described in Exhibit "A" 3. TERMS. The services and/or materials furnished under this Agreement shall commence on or after September 8, 2015 and shall be completed by March 1, 2016 unless terminated pursuant to Section 5(o or otherwise agreed upon pursuant to section 4(e). 4. COMPENSATIO For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR's monthly invoices on an hourly basis, plus mileage at no more than 2015 IRS standard mileage rates, for an amount not to exceed six thousand seven hundred fifty dollars and zero cents ($6,750.00). All invoices from CONTRACTOR will be paid within 30 days of invoice date. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR, c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills 5. GENERAL—TERM AND CONDITIONS, a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. .P . $1,000,000.00 per occurrence including commercial form, personal i nj u ry, broad form personal damage, contractual and premises 'operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. NOTICE OF CANCELLATION: The Town requires 30 days written notice of cancellation. Additionally, the not -ice statement on the certificate should w2t include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." iv. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds to the general and auto liability policies. v. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills - Contracts 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. Town of Los Altos Hills d. INTEREST of CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR.. At all times CONTRACTOR. shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This .Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement °nay only be amended by a written instrument signed by both parties., f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed ,for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other .form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR. to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TO N. The compensation recited i 6. INVOICING. bend all invoices to the contract coordinator at the address below., This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above, CONTRACT COORDINATOR and representative for TOWN: Carl Cahill City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 ccahill@losaltoshills.ca.gov Town of Los Altos Hills Manager Partners September 3, 2015 Mr. Carl Cahill Town M anager Town Of Los: Altos Hills 26379 Fremont Road' Los Alto's Hills; CA 94022 Dear Mr. Cahill: tXHIBIT A coaching Thank you for the opportunity to submit -a proposal to proVide executive utive hin for Public Works Direclof and City Engineer , Richa-*rd Chiu, Jr. We understand the- value of providing coaching to assistexecutives and we are pleased d to be able be of service.' First, we'd like to remind you about Management Partners. We aprofessionalre a management consulting firm specializing in helping local government leaders. The firm is comprised of e former city and county managers and other professionals providing expertise in specialty peci areas of public w oikS,, publicsafe*tyance, develo*pment, and human resour .c.eas. Our c6nsultants carry out a full range of projects- for local -government leaders,' *including strategic planningand goal settin';'teainbuilding, organization reviews feasibility 'studies; -'p' Orformancie evaivations project management, executive coaching,, performancemanagementa'n:ddev'elo-p"me'nt.pr*:oc*ess�I reviews. We have a track ,record of quality service to numerous'' local governments throughout the United States. Each assignment we undertake receives careful., professional -attention and we take pride in the quality of our work. eMemberOur Appko-ach and T am We will work collaborative'ly with you and the department head to be coached to outline* the expectations of the coaching engagement and create a coaching work plan. The coaching plan will contain goals. for the department head and a schedule of coaching and follow up with you. Our executive coaching session's are interactive and engaging. We will start by conducting in- depth interviews with the Public Works Director/City Engineer and then utilize a self- assessment to, gauge initial feedback on s * kills and abilities. We will then conduct a peer assessment survey to gather confidential input from others. Finally, all of this information is used to create an individualized executive coaching work plan. t'.0 guide the Public Works Director/City Engineer toward future professional development. The consultant who will provide assistance to you is Daren Fields, Senior Manager. Daren joined Management Partners after spending over 20 years in local government public service. He has served in management positions ranging from city administration to economic 1730 MADISON ROAD 0 CINCINNATI, OH 45206 * 513 8615400 e FAX 513 8613480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 0 SAN JOSE, CALIFORNIA 95131 0 408 437 5400 0 FAX 408 453 6191 3152 RED HILL AVENUE, SUITE 210 * COSTA MESA, CALIFORNIA 92626 * 949 2221082 e FAX 408 453 6191 Ms. Penelope_Leach. L Y` Page 2 development. Daren has skills and knowledge in a wide range of areas including budgeting and financing strategies, community development, economic development and redevelopment, public safety services, infrastructure development, project management, marketing and public information, coaching and mentoring, and council/manager relations. Daren most recently served as economic development director for the City of Fremont where he managed complex and controversial projects including the Oakland A's Ballpark Village, the. Pacific Commons shopping center, and the Midtown District (downtown) development: Prior to that, he served the City of Albany for 13 years as assistant city administrator and city administrator. While in Albany, Daren restructured the municipal organization: and actively pursued funding sources (including grants and city council and voter -approved sources). During his tenure, the city built a new child care center, teen center, and joint Library/. Community Center, and rebuilt the main shopping street, Solano Avenue.. Throughout his 41 career, he, has focused on leading. and facilitating organizational change, managing major pg projects, ro rams and ro'ects, and improving the quality of government, services through increased operational efficiency and effectiveness. Daren holds a bachelor's degree inpolitical science from the University of California at Berkeley and is a member of the International City/County Management Association (ICMA). Fee Prooral p This engagement will be billed on an hourly rate basis. We will bill the actual time worked by our coaching consultant at a rate of $175 per hour, plus car mileage. It is estimated this. engagement will. take 35 hours for the executive coaching with a maximum cost. of $6,750, including expenses. As an optional activity, a peer assessment survey can be performed at an estimated cost of $2'000. If an analyst provides assistance with, the peer assessment survey and results, his/her time will be billed at $140 per hour. Conclusion We look forward to continuing our work with the Town of Los Altos Hills. Please feel free to contact either Daren. Fields: (51,07409-9104) or me if you have any questions.. Sincerely, 57 Andrew S. Belknap Regional Vice President Accepted for the Town of Los Altos Hills by: Name: , . . Title: Date: