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HomeMy WebLinkAboutManagement Partners (7)AGREEMENT THIS AGREEMENT is made and entered into on the 21st day of October, 2014 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. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Management Partners shall provide services as outlined in Exhibit 2. EXHIBITS. 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 October 27, 2014 and shall be completed by February 28, 2015 unless terminated pursuant to Section S(0 or otherwise agreed upon pursuant to section. 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR's monthly invoices on an hourl basis plus mileage Y p g at no more than 2014 IRS standard mileage rates, for an amount not to exceed eight thousand five hundred dollars and zero cents ($8,500.00). The Meyers-BriggsType Yp Indicator (MBTI) will be invoiced at a fixed amount of $1,500, which includes our expenses for the MBTI). All invoices from CONTRACTOR will be paid within 30 days of invoice date. TOWN' is not responsible for paying for an work done b . Y g Y Y 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 es any services /goods.- Town shall not be responsible for any interest 0r 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 S. GENERAL TERMS 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: WOR IZUR Q.-COMPIRNN ATIMI INIQ IQ A NCR- ; Minim AA&AAA 16"a •V V %_F JL %. A IL J_J A IL L_J %_J %-J L - A A A—A I I L.J A% -J L %-L A X A %_J A_J• ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including commercial... form, personal injury, 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 City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not 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 may 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 TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. Town of Los Altos Hills 6. INVOICING. Send 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: CONTRACTOR: ..Carl Cahill. City Manager h Town of Los Altos Hills B J -_7 114 YK 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 ccahill@losaltoshills.ca.gov. Gerald- E Newfarmer, President and CEO Print name, Title TOWN OF LOS ALTOS HILLS: By: L/79 Carl Cahill, City Ma*nager Date Town of Los Altos Hills EXHIBIT "A" M.; O*ft n 0�0"% yArmEN: mt,&Rh, n, t Fartners October 16, 2014 Mr. Carl Cahill Town Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mr. Cahill: Thank you for the opportunity to submit a proposal to provide executive coaching for yourself. We understand the value of providing coaching to assist executives and are pleased to be able to be of service. First, we'd like to tell you about Management Partners. We are a professional management consulting firm specializing in helping local government leaders. The firm is comprised of former city and county managers and other professionals providing specialty expertise in a variety of areas. Our consultants carry out a full range of projects for local government leaders, including strategic planning and goal setting, teambuilding, organization reviews, feasibility studies, performance evaluations, project management, executive coaching, performance management and development process 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. Management Partners was founded in 1994 with a specific mission to help local government leaders improve their service to the public. We are a national consulting firm with offices in San Jose and Costa Mesa, California, as well as Cincinnati, Ohio. We have a well-established track record of helping public sector organizations throughout the United States, including all of the services provided by cities, counties, towns, and special districts at the local level. During our 20 years of service, we have earned a national reputation by delivering quality, actionable work products to our clients. We bring extensive experience to this project along with first-hand knowledge of local government operations. We are distinguished by the fact that each team we assign is led and staffed by associates who have actual experience in direct public service and experience working together as a team. The work we do is not an academic exercise; it is grounded in the real world of customer service and accomplishment in the public sector. As a result, we have a bias for producing value-added work for each client that will be actionable, and will be implemented. 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191 3152 RED HILL AVENUE, SUITE 210 0 COSTA MESA, CALIFORNIA 92626 • 949 2221082 . FAx 408 453 6191 Mr. Carl Cahill Page 2 The firm is staffed with 80 professionals who are experienced public service managers as well as qualified management consultants. This group includes generalists as well as subject -matter experts. Our consultants have years of experience working in all aspects of local government management and have built a track record of extraordinary quality service for our clients. We have extensive experience helping improve both the efficiency and effectiveness of local government services. We have completed organizational staffing and improvement projects in virtually every type of local government service, including reviews of entire governments as well as selected studies of individual departments and functional activities. Management Partners' services include everything required to support a local government leader, elected or appointed. Our full range of services includes the following: ■ Strategic and Business Planning - Can be an important tool for focusing the efforts of an organization and fostering communication between leaders, staff and important stakeholder groups. ■ Organizational Analysis and Performance Audits - Also called efficiency studies and organizational reviews, identifies improvements to an operation's efficiency and effectiveness. ■ Performance Management - Encompasses a wide range of management tools that can be and often are developed independently of one another, including: performance management and measurement, process management, performance budgeting, employee performance evaluation and strategic and process benchmarking. ■ Process Improvement - Examines the processes by which customers are served, an important technique for developing a program for operations improvement, including process mapping. ■ Financial Planning, Budgeting and Analysis - Assists clients in analyzing their finances and planning for the effective and efficient use of taxpayer or customer dollars. ■ Organizational Development and Training - Helps clients develop organizational capacity, a key to developing high performance organizations. Services include executive coaching, customer service training, employee and customer surveys and conflict management workshops. ■ Sharing and Consolidation of Services Offers a more efficient way to provide services, particularly on a regional basis. Options range from the complete integration of previously separate jurisdictions to sharing or consolidating the management of individually delivered services and operations. ■ Interim Management - Assists government leaders by providing executive staff during transitional periods. Rather than just "keeping the chair warm," our interim managers provide value-added services during their tenure. ■ Executive Recruitment - Identifies top candidates for chief executive officer positions and department director level jobs in local governments. Mr. Carl Cahill Page 3 We are also experienced in executive management facilitation, having facilitated numerous council/board and management team workshops and meetings. We have designed and led many civic engagement projects of a broader nature, often in conjunction with strategic planning projects. We are specialists in performance management and led the creation of the International City/County Management Association's (ICMA) Center for Performance Measurement. In addition, we have supported many local governments (cities, counties and towns) in the design and implementation of jurisdiction -specific performance management programs. Staff development and training is always a priority, especially in the area of performance measurement, where we have trained well over 100 jurisdictions throughout North America. We offer a balance of perspectives with a practitioner's bias and a proven track record of successful consulting engagements. This experience gives us a sensitivity that produces positive outcomes. Each of our projects is individually tailored to the unique needs of the client. We have a deep understanding of the service environment of local government and we are proud to say that as a result of our quality work, many of our clients ask us to complete subsequent assignments. Our Approach and Team Members We will work collaboratively with you to outline the expectations of the coaching engagement and create a coaching work plan. The coaching plan will contain goals for you and a schedule of coaching and follow up. Our executive coaching sessions are interactive and engaging. We will start by conducting an in-depth interview and then utilize a self-assessment tool to gauge initial feedback about skills and abilities. All of this information is used to create an individualized executive coaching work plan to guide you toward future professional development. The consultant who will provide assistance to you is Daren Fields, Senior Manager. Daren joined Management Partners after spending over 25 years in local government public service. He has served in management positions ranging from city administration to economic development director. 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. In addition, if necessary we will utilize the services of Tim Sullivan. Tim has more than 30 years of experience in federal and local government human resources. He joined Management Partners in June 2008. Tim's areas of expertise include labor and employee relations, classification and compensation, human resources policy and procedure development and management training. He is an experienced trainer and certified mediator. Tim served as the labor relations manager and assistant human resources director for the County of San Mateo and as personnel director for the Internal Revenue Service's San Jose District Office. Mr. Carl Cahill Page 4 We also propose that each staff member you directly supervise take a Myers -Briggs Type Indicator (MBTI) assessment. Nancy Hetrick of Management Partners will administer the assessment to identify individual personality preferences. Once completed, we will prepare an individual report for each staff member. Knowledge of individual preferences is a valuable tool for effective understanding, communication, and teamwork. It is very useful to understand and appreciate the unique gifts and contributions of your staff. Reviewing the results of this assessment can also be easily incorporated into any future staff workshop. References Management Partners has a proven track record of managing projects and assignments to the satisfaction of our clients. Our ultimate pledge is that the client is satisfied with our work, and as such, we commit the resources necessary to complete the tasks by the adopted deadlines. We believe our experience completing similar projects for local governments on time and on budget ensure that we will deliver the results you desire. A list of project -specific references is provided below. Additionally, our website contains a list of past clients (www. m'anagementpartners.com) and you are welcome to contact any of them. Dublin, California Management Partners is working with the City of Dublin's City Manager's Office to provide executive coaching to the City Manager, department heads, and management staff. Coaching includes an individualized assessment of skills and professional development interests, one-on- one coaching sessions, a peer assessment survey, preparation of a coaching plan, and follow-up consultations. The result has been enhanced professional development and effectiveness by the executives being coached. Client Contact: Mr. Chris Foss, City Manager 100 Civic Plaza Dublin, CA 94568 (925)833-6600 Moraga, California Management Partners is working with the Town of Moraga to provide executive coaching to the two department heads and the Town Manager (soon to commence). Coaching has focused on developing individual skills, management and leadership strategies and techniques, and increasing professional effectiveness with internal staff and external stakeholders. Client Contact: Ms. Jill Keimach, Town Manager 329 Rheem Boulevard Moraga, CA 94556 (925) 888-7020 Mr. Carl Cahill Page 5 Fee Proposal This engagement will be billed on an hourly rate basis. We will bill the actual time worked by Daren Fields (and Tim Sullivan, if necessary) at a rate of $175 per hour, plus car mileage. It is estimated this executive coaching engagement will take 45 hours to complete with a cost of $8,500, including expenses. The cost to perform the Meyers -Briggs Type Indicator assessment is estimated at $1,500 for a total cost of $10,000. Conclusion We look forward to working with the Town of Los Altos Hills. Please feel free to contact either Daren Fields (510-409-9104) or me if you have any questions. Sincerely, gl 5--). A4,-, Andrew S. Belknap Regional Vice President Accepted for the Town of Los Altos Hills by: Name: Title: Date: CERTIR ,ATE OF LIABILITY INSL ANCE - - DATE (MM/DD/YYYY) 10/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Hauser Group 8260 Northcreek Drive, Suite 200 Cincinnati OH 45236 CONTACT NAME: Matt Walsh PHO(A/CNlu Ext):513-745-9200 A/c No): E-MAIL ADDRESS:mwalsh thehauser rou .com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Hartford Fire Insurance Co 19682 33SBAUG1832 INSURED MANAG-2 INSURER B :Llo ds of London INSURER C: Management Partners, Inc. 1730 Madison Road Cincinnati OH 45206 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1541589247 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY 33SBAUG1832 3/1/2014 /1/2015 EACH OCCURRENCE $1,0001000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE KI OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $17000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,0001000 $ POLICY PRO- ]LOC JECT F A AUTOMOBILE LIABILITY 33UECVG5096 3/1/2014 /1/2015 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY Paccident) DAMAGE $ A X UMBRELLA LIAB X OCCUR 33SBAUG1832 3/1/2014 /1/2015 EACH OCCURRENCE $31000,000 AGGREGATE $3,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / NER 33WECBU6135 3/1/2014 /1/2015X ORY LIMITS OT TANY E.L. EACH ACCIDENT $1,0001000 PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $17000,000 B Professional Liab Occurrence MPL1008388 /20/2014 /20/2015 Ea. Claim $1,0001000 Agg $110001000 Deductible $101000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers are shown as an additional insured(s) solely with respect to general liability and auto liability coverages as evidenced herein as required by written contract with respect to work performed by the named insured(s). CERTIFICATE HOLDER CANCELLATION 30 clays ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos Hills CA 94022 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD