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HomeMy WebLinkAboutJames Boylan dba PathFinders Consulting Alliance; 2015-11-05;AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PATHFINDERS CONSULTING ALLIANCE THIS AGREEMENT js made and entered into as of the _ day of NOQV , 20 rS by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and James Boylan dba PathFinders Consulting Alliance, a professional consultant. ("Contractor"). RECITALS City requires the professional services of a consultant that is experienced in strategic planning. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand four hundred fifty dollars ($9,450). No other compensation forthe Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 4/1/15 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-iVII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, ifthe services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. City Attorney Approved Version 4/1/15 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Police Chief James Boylan (print It name/titfe) Police Neil Gallucci ATTEST: By: (sign here) BARBARA E City Clerk (print name/title) If required by City, proper notarial acknowiedgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the ofricer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1/15 EXHIBIT "A" SCOPE OF SERVICES See attached: "Values in Action Initiative: Scope of Work" from PathFinders Consulting Alliance. City Attorney Approved Version 4/1/15 PathFinders 3209 Cadaicia Street, Carlsbad, CA (760) 613-1008 Consulting Alliance James O. Boylan - Principal Carlsbad Police Department Values in Action Initiative SCOPE OF WORK July 13,2015 Overview The overall Values in Action (ViA) initiative has three objectives: • Greater clarity on the practical meaning ofthe Values and Mission statements • Collection of true-life stories that reflect the Department's Values in action; stories useful in recruiting, onboarding, training and, generally, in representing the department to others • Conceptualization of a "Desired Future State" to help guide tlie department over the next three to six years Phase I The first step in the process is meeting with key stakeholders to explain the initiative and build support for participation in it. Proposed stakeholder groups include • Team responsible for developing the Mission, Values and Vision statements (MVV Team) • POA Board Members • Managers/supervisors Consultant Tasks in Phase I (Esthnated Time Required: 4 hours) • Prepare a description of the Values in Action initiative for use as a handout in stakeholder meetings and to provide backgroimd for those recruited to take part in the process. • Present and discuss the initiative with stakeholder groups. Phase II One of the difficulties organizations encounter in operationaliadng their Mission, Values and Vision (MW) statements is summed up neatly in the observation that dictionaries define words, but people give them meaning; basically, the same words can mean different things to different people. Therefore, the first step in the process should be developing agreed upon behavioral definitions for each of the key words and phrases in the Values and Mission statements; put another way: department members need to be able to visualize actions consistent with the espoused Values and Mission. Translating words into actions enables explicit mutual understandings among department members, which in tum supports individuals being able to hold themselves and others accoxmtable for appropriate behavior. Process The vehicle for developing these behavioral defiiritions is an ad hoc team representative of aU ranks, all divisions, and both swom and unsworn personneL The size of the team will be dictated by that criterion but can be as many as 18 people. Management will decide whom to invite to participate hi consultation with the consultant. Participation will be voluntary. Team members vnll have three roles: they vvdll generate the imtial list of definitions; they will communicate those definitions with co-workers and sohcit feedback from them; and, finally, they will determine for each value and mission element which definitions most strongly exempHfy them. Two imtial working sessions of approximate 2 '/a hours each are anticipated as necessary to generate first-drafl definitions. Results ofthese working sessions will be compiled and distributed to team members for their review and discussion with co-workers. A week to ten days thereafter, the team will convene to review the definitions, discuss feedback fi-om other department members and reach consensxis on those definitions that most powerfully convey the intended meaning of each value and mission element. Consultant Tasks in Phase n (Estimated Time Required: 9 hours) • Assist in selection of ad hoc team members • Plan details of the working sessions • Orient team members to the process • Facilitate working sessions • Compile and distribute initial work products for review • Facilitate the final working session Phase m While thoughtful articulation of organizational values, mission and vision is an integral part of establishing an organizational culture, storytelling is the prunary way cultures are developed and sustained m organizations, and societies as a whole. It is stories that bring to life values shared by members of the culture and histmcts them relative to acceptable and unacceptable behaviors. It is through stories that members of a culture leam what is celebrated and what is punished. Phase III ofthe VIA initiative is a purposeful effort to collect firom members of the police department tme-life stories fhat are archetypal of the desired cultural values; stories that epitomize what words like "va/or " mean in daily life. Process Appreciative Inquiry (AI) is a methodology for exploring and building upon the positive dunensions of individuals, groups, organizations and entire societies. It is well-suited for the task of discovering the types of stories the ViA initiative seeks. The vehicle for the Al process is, again, an ad hoc team representative of the entire organization. After orientation to and training in AI Principles and Practices and armed with the behavioral defmitions developed in Phase I, team members will meet one-on-one with coworkers for Discovery Conversations. The objective of these conversations is to tap the department's collective memory for the stories fhat bring to life the words of the Values and Mission statements in much the same way that excellent movies portray such things as heroism, determination, humility and love. Ideally, every member of the department will have a chance to have one of these conversations. Midway through the inquiry, the team meets with the consultant to discuss experiences to date, questions that have arisen, or challenges team members have faced. When all the Discovery Conversations have been completed, the team meets to review and discuss members' fmdings, and to decide upon those stories that most palpably convey the Values and Mission. Il is those stories that can be "institutionalized" - embedded m efforts to recruit and train new members, to re-insphe veterans, and to provoke the telling of new stories that also reflect the core values and organizational mission. Past experience with similar efforts suggests that up to four working sessions of two houns each may be required to complete this part of the process. Consultant Tasks in Phase III (Estimated Time Required: 13 hours) • Assist in selection of ad hoc AI team members • Orient team members to the principles and practices of AI • Consult with individual team members as necessary • Facilitate midpoint discussions • Design and facilitate working sessions • Compile and distribute work products Phase IV The key to making organizational change strategic is clarity on two things: where the organization is today and where its members want it to be in the future - its Current State and its Desired Future State. When those two pictures are clearly focused it is possible to develop and pursue strategies that will move the organization toward its desired future. As part of the Appreciative Inquiry, members of the inquiry team will also have solicited their colleagues' hopes and wishes for the department's future; what they would most like to be trae of the department three to five years from today. What would they hope for in terms ofthe quality of organizational life and performance? What would they like to be trae of their working relationships with colleagues, with other City departments, with members of the community at large? Process The same team that collected and curated the Values and Mission stories will have an additional task to fulfill: identifying themes that emerge from reviewing individuals' descriptions of their hopes for the department's future, and synthesizing them into a statement of a "Deshed Future". Team members will review and discuss that statement with other members ofthe department before producing a final version. This phase of work is similar to Phase II and will probably require three, 2-hour working sessions to produce an initial statement and then another 2-hour session to produce a final statement. Consultant Tasks in Phase IV (Anticipated Time Required: 12 hours) • Ad hoc consultation with management relative to process • Design and facilitate working sessions • Compile and distribute work products Investment Time - Phases I through IV: 38 hours Contungency: 4 hours Total Time* 42 hours @ S225.00/hour = $9,450.00 * Time requirements are estimated. If actual time is less than predicted unused time will notbe billed. Unless there is a subsequent explicit agreement to increase the hours available or expand the scope of work outlined herein, the total of $9,450 will be understood to be a Not to Exceed amount.