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HomeMy WebLinkAbout2018-12-11; City Council; ; Revisions to the agreement with Northstar Consulting, Inc. for coaching, training and organizational development services@ CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: December 11, 2018 Mayor and City Council Scott Chadwick, City Manager Julie Clark, Human Resources Director Julie.clark@carlsbadca.gov or 760-602-2438 CAReview l±i_ Subject: Revisions to the agreement with Northstar Consulting, Inc. for coaching, training and organizational development services. Recommended Action Adopt a Resolution approving revisions to the agreement with Northstar Consulting, Inc. for coaching, training and organizational development services. Executive Summary On March 12, 2018, the city entered into a professional services agreement with Northstar Consulting, Inc. ("Contractor") for coaching, training and organizational development services (Exhibit 2). The term of the agreement is five years. Revisions to the scope and compensation section of the agreement are being presented to the City Council as the awarding authority for any change order or amendment that exceeds the City Manager's autho'rity, pursuant to Carlsbad Municipal Code Section 3.28.040{D)(3). Discussion Organizational development, training and leadership coaching activity has increased across all city departments and the city's past practice has been to utilize the services of outside consulting firms to deliver these services. At this time, the city has the need to utilize the consulting services of Northstar Consulting, Inc. in an amount that exceeds the agreement's annual limit of one hundred thousand dollars ($100,000). Staff recommends amending the agreement to increase the not-to-exceed amount to two hundred seventy-five thousand dollars ($275,000) per agreement year. In addition, the Contractor has requested an increase in the fee structure effective July 1, 2019 in order to maintain market competitive pricing. Fiscal Analysis Sufficient funds are available in the Fiscal Year 2018-19 departmental operating budgets for use of these contractual services. Next Steps Staff will implement the approved changes to the agreement with Northstar Consulting, Inc. for coaching, training and organizational development services. December 11, 2018 Item #3 Page 1 of 16 Environmental Evaluation (CEQA) The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date Exhibits 1. City Council Resolution. 2. Original Agreement. December 11, 2018 Item #3 Page 2 of 16 RESOLUTION NO. 2018-206 ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REVISIONS TO THE AGREEMENT WITH NORTHSTAR CONSULTING, INC. FOR COACHING, TRAINING AND ORGANIZATIONAL DEVELOPMENT SERVICES. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary and in the public's interest to approve Amendment No. 1 to the Professional Services Agreement ("Agreement") dated March 12, 2018 with Northstar Consulting, Inc. for coaching, training and organizational development services; and WHEREAS, the current not to exceed amount ofthe Agreement is $100,000; and WHEREAS, Amendment No. 1 increases the annual limit of the Agreement to an amount not to exceed $275,000 based on an increase in the volume of work and a competitive fee structure for Northstar Consulting, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 1 to the Professional Services Agreement with Northstar Consulting, Inc., (attached hereto as Attachment A) for coaching, training and organizational development services is hereby approved and the annual compensation is increased to an amount not- to-exceed two hundred seventy-five thousand dollars ($275,000) per Agreement year. 3. That the Mayor on behalf of the City of Carlsbad is authorized and directed to execute Amendment No. 1. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of December, 2018, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: ABSENT: None. None. MATT HALL, Mayor December 11, 2018 Item #3 Page 3 of 16 / Attachment A AMENDMENT NO. 1 TO AMEND THE AGREEMENT FOR COACHING, TRAINING AND ORGANIZATION DEVELOPMENT SERVICES NORTH STAR CONSUL TING, INC. No. 1 is ~ ~n,!ered into and effective as of the ffi:\J day of .......;~""-L~~~~+------' ~ ~mending the agreement dated March 12, 2018. (the between the City ef Carlsbad, a municipal corporation, ("City'1, and North Star Consulting, ., ("Contractor") (collectively, the "Parties") for Coaching, Training and Organizati~n Development Serviqes. RECITALS A The Parties desire to qmend and fund the Agreement to increase the not-to- exceed amount to $275,000 per Agreement year upon Council approval and to amend the fee structure effective July 1, 2019 as described in attached Exhibit "A". NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby amended and funded in an amount n,ot to exceed two hundred seventy five thousand dollars ($275,000) per agreement year. · 2. The fee structure is amended as described in attached Exhibit "A· 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. All requisite insurance P,Olicies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill December 11, 2018 Item #3 Page 4 of 16 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and 1warrant that they have the legal power, right and actual , authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By:d!;;,~/f ~ Mayor ATTEST: City Clerk If required by City, proper notarial acknowledgment 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 December 11, 2018 Item #3 Page 5 of 16 EXHIBIT "A" SCOPE OF SERVICES Under the direction of the Human Resources Department director or her designee, contractor will provide the following services on an as needed basis: Strategic Counsel Participate in meetings by phone and in person at City of Carlsbad facilities to develop and provide guidance on: • Citywide implementation of new performance management approach • Coordination of department/division specific employee development programs to align with citywide employee development strategy • Change management • Employee training and development needs • Individual and team development strategies Professional Coaching Provide individual and team coaching to include: • Identifying city/department/team goals and priorities related to employee development • Assessing employee/team needs • Developing customized coaching plans to include employee goals, milestones and performance measures • Providing one on one sessions in person at a City of Carlsbad facility and by phone/web chat • Assessing results and making recommendations for future or ongoing development Training Develop curriculum for and/or deliver employee development training to include: • One-on-one, small group (less than 10), mid-size (1 O to 30) and large group (30 to 75) sessions held at City of Carlsbad facilities • Teaching methods tailored to the learning styles and needs of each group • Train the trainer sessions that enable HR staff and contractors to effectively deliver specific training to align with city employee development goals Specific training needs to be provided by the HR director or his/her designee. Management and Administration Develop guides, templates, checklists and other tools to assist city staff in the management, coordination and administration of: • Citywide employee development initiative implementation • Scoping and planning individual initiatives within the overall employee development program • Performance measures for individual initiatives and citywide program • Tracking and reporting progress • Participate in conference calls and meetings at City of Carlsbad facilities to facilitate the efficient coordination of concurrent employee development initiatives carried out by city staff and contractors. • Upon request, provide written and verbal updates to the HR director or his/her designee regarding employee development and training issues. City Attorney Approved Version 1/30/13 3 December 11, 2018 Item #3 Page 6 of 16 Fees All services will be billed at $200/hr with the exception of training delivery and organizational development assessment tools (e.g., MBTI). Effective July 1, 2019, all services will be billed at $225/hr with the exception of training delivery and organizational development assessment tools (e.g., MBTI). City will reimburse Contractor for the actual cost of assessment tools without any associated mark up costs. Training Delivery prior to July 1, 2019 $3,000 Full day (up to 8 hours) $1 ,500 Half day (up to 4 hours) Training Delivery on or after July 1, 2019 $3,200 Full day (up to 8 hours) $1,600 Half day (up to 4 hours) Hard costs, such as production (e.g., printing/copying) of training materials and handouts, will be billed at cost and are not included in the training delivery or hourly rate. Invoices Invoices wrll be sent monthly and include itemized costs per service, the name of the city department receiving the service and a brief description of the service. Invoices will be emailed to kim.stankavich@carlsbadca.gov. Travel Reimbursement Mileage within the City of Carlsbad or other designated locations for the purposes of providing services will be reimbursed based on current IRS rates. If the consultant is required to travel to city facilities from outside a radius of 100 miles of the city facility, reimbursement for travel expenses will be paid according to the guidelines below. Reimbursement for Transportation: Consultant may submit receipts for the actual cost of transportation if travel. Use of air, train, private automobile, or other mode of public transportation shall be selected on the basis of the least total cost to the city after all expense items are tabulated. Reimbursement for Lodging: Lodging shall be obtained at the most economical rate available for good quality lodging. Any additional expenses beyond those required for the consultant must be paid by the consultant. Reimbursement for Meals and Incidental Expenses: Consultant may submit receipts for the actual cost of meals, tips and incidental expenses for reimbursement up to a limit of $70 per day. The city will not reimburse the cost of alcoholic beverages. City Attorney Approved Version 1/30/13 4 December 11, 2018 Item #3 Page 7 of 16 AGREEMENT FOR COACHING, TRAINING AND ORGANIZATION DEVELOPMENT SERVICES NORTH STAR CONSULTING, INC. is made and entered into as of the /:Jd:.b day of _-4--1---1,1.,,1~ ....... '--,,L----'' 2018, by and between the CITY OF CARLSBAD, a municipal n, C'City"), and North Star Consulting, Inc., ("Contractor''). RECITALS A. City requires the professional services of a consultant that is experienced in coaching and training employees and providing other organizational development services. B. Contractor has the necessary experience in providing professional services and advice related to employee development and organizational development. , • C. Contractor 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 I 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the .:o Metropolitan Southern Calrfomia Area, and will use reasonable diligence and best judgment while · exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of fNe years from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for' each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be City Attorney Approved Version 9/27/17 Exhibit 2 December 11, 2018 Item #3 Page 8 of 16 under control of Crty only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. Crty will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, ,overtime payment, unemployment payment or workers' compensation payment which Crty may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of Crty. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor ·of a subcontractor by the tem,s of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. · 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold hamiless the City and rts officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys r 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 temiination of this Agreement. 10. INSURANCE Contractor will obtain ~nd maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persohs or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; 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. City Attorney Approved Version 9/27/17 2 December 11, 2018 Item #3 Page 9 of 16 f0.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carrie,8 by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor·will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 o: 1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfactio_n, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that tJ:le policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 9/27/17 3 I December 11, 2018 Item #3 Page 10 of 16 ') 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the' - Agreement, as may be· amended from ~ime-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Julie Clark Title HR Director Department Human Resources City of Carlsbad Address 1635 Faraday Ave Carlsbad CA 92008 Phone No. 760-602-2438 For Contractor Name Jennifer Coyle Title President Address 18120 SW 87 Court Miami FL 33157 'Phone No. 305-389-4786 Email Jcoyle@northstarconsulting.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. 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 categories. YesD No • City Attorney Approved Version 9/27/17 4 December 11, 2018 Item #3 Page 11 of 16 17. GENERAL COMPLIANCE WITH LAWS . Contractor will keep fully informed of federal, state and local laws and ordinances and regulations· which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 , and will comply with those requirements, in_cluding, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of wgrth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. -Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable L under this Agreement. City will make the final determination as to the portions of tasks con;ipleted and the compensation to be made. " • J 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or· agreed to pay any, company or person, other than a bona fide City Attorney Approved Version 9/27/17 5 December 11, 2018 Item #3 Page 12 of 16 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or.contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq,, the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges d~barment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, state of California, and the parties waive all provisions of law providing for a change of venue in these.proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by;Contractor without the prior consent of City, which shall not be unreasonably withheld'. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede tre purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27/17 6 December 11, 2018 Item #3 Page 13 of 16 26. _ 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_ Contra~or to the terms and conditions ·of this Agreement. CONTRACTOR c1nN~m Ct~k 1 ~r01ku11 ----(print name/title) By: (sign here) (print name/title) CITY OF CARLS.BAD, a municipal corporation of the State of California By: [INSE TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authot lzed ~ by the City Manager)] ATTEST: ~c. 4vJ,~L - BARBARA ENGLESON ~~ City Clerk r If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the fo_llowing -two groups. Group A Chairman, President, or Vice-President Group B -Secretary, -. Assistant Secretary, / CFO or Assistant Treasurer Otherwise, the ·corporation must attach a resoli,rtion certified by the -secretary or assistant secretary U1"1der corporate seal empowering the officer(s) signing to bind the.corporation. APPROVED AS TO FORM: ::uA M[y Attorney Assistant City Attorney City Attorney Approved Version 9/27117 7 December 11, 2018 Item #3 Page 14 of 16 EXHIBIT "A" SCOPE OF SERVICES Under the direction of the Human Resources Department director or her designee, contractor will provide the following services on an as needed basis: Strategic Counsel Participate in meetings by phone and in person at City of Carlsbad facilities to develop and provide guidance on: · • Citywide implementation of new performance management approach • Coordination of department/division specific employee development programs to align with citywide employee development strategy • Change management • Employee training and development needs • Individual and team d~velopment strategies ,, Professional Coaching Provide individual and team coaching to include: • Identifying city/department/team goals and priorities related to employ,ee development • Assessing employee/team needs • Developing customized coaching plans to include· employee goals, milestones •J and performance measures • Providing one on one sessions in person at a City of Carlsbad facility and by phone/web· chat • Assessing results and making recommendations for future or ongoing development Training Develop curriculum for and/or deliver employee development training to include: • One-on-one, small group (less than 10), mid-size (10 to 30) and large group (30 to 75) sessions held at City of Carlsbad facilities • Teaching methods tailored to the learning styles and needs of each group • Train the trainer sessions that enable HR staff and contractors to effectively deliver specific training to align with city employee devel<;>pment goals Specific training ·needs to be provided by the HR director or his/her designee. Management and Admin1stration Develop guides, templates, checklists and other tools to assist city staff in the ,,, management, coordination and administration of: • Citywide employee development initiative implementation • Scoping and planning individual initiatives within the overall employee development program • Performance measures for individual initiatives and citywide program • Tracking and reporting progress City Attorney Approved Versioo 9/27/17 8 December 11, 2018 Item #3 Page 15 of 16 • Participate in conference calls and meetings at City of Carlsbad facilities to facilitate the efficient coordination of concurrent employee development initiatives carried out by city staff and contractors. • Upon request, provide written and verbal updates to the HR director or his/her designee regarding employee development and training issues. Fees All services will be billed at $200/hr with the exception of training delivery and organizational development assessment tools (e.g., MBTI). City will reimburse Contractor for the actual cost of assessment tools without any associated mark up costs. Training Delivery $3,000 Full day (up to 8 hours) $1,500 Half day (up to 4 hours) Hard costs, such as production (e.g., printing/copying) of training materials and handouts, will be billed at cost and are not included in the training delivery or hourly rate. Invoices Invoices will be sent monthly and include itemized costs per service, the name of the city department receiving the service and a brief description of the service. Invoices will be emailed to kim.stankavich@carlsbadca.gov. Travel Reimbursement Mileage within the City of Carlsbad or other designated locations for the purposes of providing services will be reimbursed based on current IRS rates. If the consultant is required to travel to city facilities from outside a radius of 100 miles of the city facility, reimbursement for travel expenses will be paid according to the guidelines below. Reimbursement for Transportation: Consultant may submit receipts for the actual cost of transportation if travel. Use of air, train, private automobile, or other mode of public transportation shall be selected on the basis of the least total cost to the city after all expense items are tabulated. Reimbursement for Lodging: Lodging shall be obtained at the most economical rate available for good quality lodging. Any additional expenses beyond those required for the consultant must be paid by the consultant. Reimbursement for Meals and Incidental Expenses: Consultant may submit receipts for the actual cost of meals, tips and incidental expenses for reimbursement up to a limit of $70 per day. The city will not reimburse the cost of alcoholic beverages. 1 City Attorney Approved Version 9/27/17 9 December 11, 2018 Item #3 Page 16 of 16