HomeMy WebLinkAboutRGN Consulting: Norman, Robert; 2009-05-28;AGREEMENT FOR PROFESSIONAL SERVICES
***" ' /^This Agreement is made and entered into as of tha& day of yr|0u^ 2009 by and between
the City of Carlsbad hereinafter called "City" and Robert Norman, doing business as, RGN
Consulting hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
1. That City desires to engage Consultant to render certain professional services for
City;
2. Consultant shall develop and conduct an employee survey of all employees
assigned the Carlsbad Police Department;
3. That Consultant is qualified to provide such services to the City and;
4. That the City has elected to engage the services of Consultant upon the terms and
conditions as hereinafter set forth.
TERMS AND CONDITIONS
1. Services. The services to be performed by Consultant under this Agreement shall
include those services set forth in Exhibit A, which is, by this reference,
incorporated herein and made a part hereof as though it were fully set forth
herein.
Performance of the services specified in said Exhibit A is hereby made an
obligation of Consultant under this Agreement, subject to any changes that may
be made subsequently hereto upon the mutual written agreement of the said
parties.
Where in conflict, the terms of this Agreement supersede and prevail over any
terms set forth in Exhibit A.
2. Term: Termination, (a) The term of this Agreement shall commence upon the date
hereinabove written and shall expire on the earlier of (1) the completion of
performance of services hereunder by Consultant or (2) December 31,2009.
(b) Notwithstanding the provisions of (a) above, either party may terminate this
Agreement without cause by giving written notice not less than ten (10) days prior
to the effective date of termination, which date shall be included in said notice. In
the event of such termination, City shall compensate Consultant for services
rendered, and reimburse Consultant for costs and expenses incurred, to the date of
termination, calculated in accordance with the provisions of paragraph 3. In
ascertaining the services actually rendered to the date of termination,
consideration shall be given both to completed work and work in process of
completion. Nothing herein contained shall be deemed a limitation upon the right
of City to terminate this Agreement for cause, or otherwise to exercise such rights
or pursue such remedies as may accrue to City hereunder.
3. Compensation: Expenses: Payment. City shall compensate Consultant for all
services performed by Consultant hereunder in an amount based upon
Consultant's hourly rates during the time of the performance of said services. A
copy of Consultant's hourly rates for which services hereunder shall be performed
are set forth in Consultant's fee schedule contained within Exhibit A.
Notwithstanding the foregoing, the combined total of compensation and
reimbursement of costs payable hereunder shall not exceed the sum $20.700
unless the performance of services and/or reimbursement of costs and expenses in
excess of said amounts have been approved in writing and in advance of
performing of such services or incurring such costs and expenses by the City
Manager or designee.
Compensation and reimbursement of costs and expenses hereunder shall be
payable upon monthly billing therefore by Consultant to City, which billing shall
include an itemized statement, briefly describing by task and labor category or
cost/expense items billed.
Travel expenses shall be pre-approved by City before the expenses are incurred
by Consultant. Consultant's failure to obtain pre-approval may result in the City's
denial for reimbursing Consultant's travel expense(s).
4. Additional Services. In the event City desires the performance of additional
services not otherwise included within the services described in Exhibit A, such
services shall be authorized in advance of the performance thereof by the City
Manager or designee. Such written amendment to this Agreement shall include a
description of the services to be performed there under, the maximum
compensation and reimbursement of costs and expenses payable therefore, the
time of performance thereof, and such other matters as the parties deem
appropriate for the accomplishment of such services. Except to the extent
modified by written amendment, all other terms and conditions of this Agreement
shall be deemed incorporated in each such amendment.
5. Records. Consultant shall keep and maintain accurate records of all time
expended and costs and expenses incurred relating to services to be performed by
Consultant hereunder. Said records shall be available to City for review, auditing,
and copying during regular business hours at Consultant's place of business or as
otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties
in the space provided below.
7. Reliance on Professional Skill of Consultant. Consultant represents that it has the
necessary professional skills to perform the services required and the City shall
rely on such skills of the Consultant to do and perform the work. In performing
services hereunder Consultant shall adhere to the standards generally prevailing
for the performance of expert consulting services similar to those to be performed
by Consultant hereunder.
8. Documents. All documents, plans, drawings, renderings, and other papers, or
copies thereof, as finally rendered, prepared by Consultant pursuant to the terms
of this Agreement, shall, upon preparation and delivery to City, become the
property of City.
9. Relationship of Parties. It is understood that the relationship of Consultant to the
City is that of an independent contractor and all persons working for or under the
direction of Consultant are its agents or employees and not agents or employees
of the City.
10. Schedule. Consultant shall adhere to the schedule set forth in Exhibit A; provided,
that City shall grant reasonable extensions of time for the performance of such
services occasioned by governmental reviews of Consultant's work product or
other unavoidable delays; provided, further, that such unavoidable delay shall not
include strikes, lockouts, work stoppages, or other labor disturbances conducted
by, or on behalf of, Consultant's officers or employees.
Consultant acknowledges the importance to City of City's Project schedule and
agrees to put forth its best professional efforts to perform its services under this
Agreement in a manner consistent with that schedule.
11. Indemnity. Consultant hereby agrees to defend, indemnify, and save harmless
City, its Council, boards, commissions, officers, employees and agents, from and
against any and all claims, suits, actions liability, loss, damage, expense, cost
(including, without limitation, costs and fees of litigation) of every nature, kind or
description, which may be brought against, or suffered or sustained by, City, its
Council, boards, commissions, officers, employees or agents caused by, or alleged
to have been caused by, the negligence, intentional tortuous act or omission, or
willful misconduct of Consultant, its officers, employees or agents in the
performance of any services or work pursuant to this Agreement.
The duty of Consultant to indemnify and save harmless, as set forth herein, shall
include the duty to defend as set forth in Section 2778 of the California Civil
Code; provided, however, that nothing herein contained shall be construed to
require Consultant to indemnify City, its Council, boards, commissions, officers,
employees and agents against any responsibility or liability in contravention of
Section 2782 of the California Civil Code.
12. Notice. All notices required by this Agreement shall be given to the CITY and
CONSULTANT in writing, by first class mail, postage prepaid, addressed as
follows:
CITY: City of Carlsbad
City Manager
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CONSULTANT: RON Consulting
24600 Shake Ridge Road
Volcano, CA 95689
13. Non-Assignment. This Agreement, is not assignable either in whole or in part.
14. Amendments. This Agreement may be amended or modified only by written
agreement signed by both parties.
15. Validity. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision of this Agreement.
17. Governing Law. The laws of the State of California shall govern this Agreement
and any suit or action initiated by either party shall be brought in the County of
San Diego, California.
18. Mediation. Should any dispute arise out of this Agreement, the parties shall meet
in mediation and attempt to reach a resolution with the assistance of a mutually
acceptable mediator. Neither party shall be permitted to file legal action without
first meeting in mediation and making a good faith attempt to reach a mediated
resolution. The costs of the mediator, if any, shall be paid equally by the parties.
If a mediated settlement is reached neither party shall be deemed the prevailing
party for purposes of the settlement and each party shall bear its own legal costs.
19. Conflict of Interest. Consultant may serve other clients, but none who are active
within the City of Carlsbad or who conduct business that would place Consultant in a
"conflict of interest" as that term is defined in State law.
20. Entire Agreement. This Agreement, including Exhibit A comprises the entire
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date first above written by their respective officers duly authorized in that behalf.
Dated:
CITY OF CARLSBAD
City Manager
Dated: <T??~o9
TO FORM
Aty Attorney,,
Dated: ~~/~_ '"'
CONSULTANT
orman, RON Consulting
I. Proposed Scope of Work and Work Plan
The primary goal of this study is to provide the City of Carlsbad information and
recommendations that can be used to enhance the quality of police services being
provided to the community. The study will focus on the current organizational
health of the Police Department, and result in a report containing findings and
recommendations designed to improve the operational environment for all
employees within the department. The suggested work plan is divided into 3 distinct
phases:
a Phase One - Internal Assessment
a Phase Two — Preliminary Report and Scoping Session
a Phase Three - Planning Seminar, Action Plan, Follow-Up Meeting
A. Phase One - Internal Assessment
It is recommended that the first step in this project be to conduct an internal agency
assessment. The purpose of this phase would be to identify the agency's current state,
and its capacity, capability, and readiness to address future issues. The actual steps in
the process would be similar to the following:
1. Kick off Meeting - A meeting will be held with the City Manager, Police
Chief and key staff members. The consultant will introduce the project goals
and solicit input from the staff on each of their respective units.
2. Interviews - Individual interviews will be conducted with each sworn and
civilian manager and supervisor in the department. These discussions will be
designed to seek input on staffing, training, technology, equipment, and
management issues related to the present and future operations of the agency.
Personal interviews will also be held with labor representatives identified by
the City.
3. Employee Survey - It is recommended that as part of this internal assessment
an employee survey be conducted. The City Manager, Police Chief and key
staff members will be asked to assist RGNC in the development of the
survey for the police agency. Website technology will be used to gather and
collate responses. An example of one such survey can be found on the firm's
website, www.rgnconsulting.org, under the Carlsbad button. The firm has
successfully used this process with several other similar projects. It typically
provides department managers significant insight into the internal operations
of their organization.
4. Data Gathering - During the interview phase, some data, policies and
procedures, and documents about the activities of the department will be
collected and reviewed by the consultant. This information will be used to
provide the consultant a general frame of reference regarding the quality and
quantity of the agency's work product.
B. Phase Two - Preliminary Report and Scoping Session
1. Based upon the information developed in the preceding phase, a preliminary report
will be written by the consultant and provided to the City. This report will describe
the goals of the project, the methodology used and the findings of the consultant. It
will also provide a list of recommendations for the Police Department to
implement in the immediate future. The draft report will be provided to the City
Manager and the Police Chief for their review and input. Based upon this input,
the report will be finalized and an action plan will be developed.
2. Following the finalization of the report, the consultant will facilitate a one day on-
site meeting with the Police Chief and key staff members. The purpose of this
meeting will be to review the survey results and the findings and recommendations
developed in Phase Two of the project. Additionally, the attendees will develop
several short-term strategies designed to address any issues requiring immediate
attention. Based upon the results of this session, the consultant will develop and
distribute to all participants an interim action plan for the agency; it will include
measurable actions, responsible employees, and anticipated completion dates for
each of the identified items.
C. Phase Three - Planning Seminar and Action Plan
1. Contingent upon the outcome of the above scoping session, it is anticipated that
one option for the City to consider may be a 3 day, off-site Planning Seminar.
Should the City desire to proceed with this phase, it will be held with all
department managers and supervisors. The goal of this meeting will be to develop
a comprehensive action plan addressing current and future organizational and
community public safety needs. All participants will complete a management
survey similar to the one that can be found on the firm's website under the Sample
Surveys button, prior to the workshop. The results of the survey, and the earlier
findings and recommendations will serve as a starting point for the development of
a final Action Plan for the Carlsbad Police Department..
2. Approximately six months following the workshop, the consultant will return to
meet with the team to assess the results of the implementation of the plan, and to
identify any lingering issues facing the agency.
Police Services Study 2 RON Consulting
City of Carlsbad May 2009
II. Project Schedule
Based upon the desire of the City, RGNC could begin the project immediately. It is
estimated that Phase 1 & 2 can be completed within 45 days. Should the City elect to
proceed with Phase 3 of this proposal, the Planning Seminar, Action Plan, and Follow-
up session, dates for these deliverables will be negotiated at the conclusion of Phase 2.
•III..
RGN Consulting bases its fees on the actual amount of time required to complete an
assignment in a thorough and professional manner. The total hours estimated for
Phases 1 - 2 of this project are 120. Accordingly, based upon our professional
consulting rate of $150 hour, the total professional fee for these 2 phases will not
exceed $18,000.
It is recommended that Phase 3 be done under the auspices of POST, as a Team
Building Workshop (TBW). The City has applied to POST for approval of such a
workshop. Should this be approved and the city elect to proceed with this phase, this
item will be negotiated separate from this proposal.
In addition to the above, we also bill for direct expenses related to travel, lodging,
meals, mileage, telephone, postage and document production, which for this
assignment will not exceed 15% of the contract, or $2700. Therefore, project phases 1
and 2 will not exceed $20,700. As indicated above, should the city elect to proceed
with phase 3, fees will be negotiated separately at that time. It is RGNC's practice to
bill as work progresses. An invoice will be submitted monthly based upon work
completed in the previous month and actual expenses incurred.
1. Phase One - Internal assessment of agency. Staff
interviews, survey, and review of relevant documents.
2. Phase Two - Preliminary Report and 1 day workshop
3 Phase Three -2.5 day off-site Planning Workshops,
Action Plans, Follow-up Session
TOTAL Consulting Fees
SOhrs.
40hrs
TBD
120hrs.
$ 12,000
$ 6,000
TBD
$ 18,000
Police Services Study
City of Carlsbad
RGN Consulting
May 2009