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Oshkosh
PROFESSIONAL SERVICES AGREEMENT
PARKS DEPARTMENT PLANNING AND CONSULTING
THIS AGREEMENT, made on the 22nd day of MAY 2017 by and between the CITY of OSHKOSH,
hereinafter referred to as CITY, and BETTER DASH FASTER CONSULTING, 613 ENGLEHART
DRIVE,MADISON WI 53713,hereinafter referred to as the CONSULTANT.
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the
following Agreement.
COMPONENT PARTS OF THE AGREEMENT
This Agreement consists of the following component parts, all of which are as fully a part of this
Agreement as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. Consultant's Professional Services Proposal dated MAY 2,2017, and attached hereto.
In the event that any provision in any of the above component parts of this Agreement conflicts with
any provision in any other of the component parts, the provision in the component part first
enumerated above shall govern over any other component part which follows it numerically except as
may be otherwise specifically stated.
CITY REPRESENTATIVE
The CITY shall assign the following individual to manage this Agreement:
(RAY MAURER,CITY OF OSHKOSH PARKS DIRECTOR)
SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional
Services Proposal. CITY may make or approve changes within the general Scope of Services contained
within the Professional Services Proposal and in this AGREEMENT. If such changes affect
CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be
made through an amendment to this AGREEMENT.
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
RECORDS AND INSTRUMENTS OF SERVICE
All reports, drawings, software, data, computer files, and other materials, documents and instruments
prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. Any
document related to this agreement, whether in electronic or paper form, is considered a public record
and shall be provided to the City upon request. The contractor may provide the City with an
explanation of why they believe any document should not be released to the public. The City shall
make all final determinations regarding the existence or release of any document related to this
agreement.
TERM AND TERMINATION
A. Term. This Agreement shall commence upon the date indicated above and shall terminate on
December 29,2017, unless terminated earlier by one of the parties as provided below.
B. Termination.
1. For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the other party shall have the right to terminate this Agreement by written
notice. In this event, the CONSULTANT shall be entitled to compensation to the date of delivery of the
Notice.
2. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to
the CONSULTANT no later than 30 calendar days before the termination date.
TIME OF COMPLETION
The CONSULTANT shall perform the services under this Agreement with reasonable diligence and
expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is
not responsible for damages arising directly or indirectly from any delays for causes beyond the
CONSULTANT's control. For the purposes of this Agreement, such causes include,but are not limited
to, strikes or other labor disputes, severe weather disruptions or other natural disasters, or failure of
performance by the CITY. If the delays resulting from any such causes increase the time required by
the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall
be entitled to an equitable adjustment in schedule.
SUSPENSION DELAY OR INTERRUPTION OF WORK
CITY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In
such event, CONSULTANT's contract price and schedule shall be equitably adjusted.
ASSIGNMENT
Contractor shall not have the right to assign this Agreement without the written prior consent of the
City.
INDEPENDENT CONTRACTOR
CONSULTANT is an independent contractor and is not an employee of the CITY.
COOPERATION IN LITIGATION AND AUDITS
Contractor shall fully and completely cooperate with the City, the City's insurer, the City's attorneys,
the City's Auditors or other representative of the City (collectively, the "City" for purposes of this
Article) in connection with(a) any internal or governmental investigation or administrative,regulatory,
arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with
respect to matters relating to this Agreement; other than a third party proceeding in which Contractor
is a named party and Contractor and the City have not entered into a mutually acceptable joint defense
agreement.
Such cooperation may include,but shall not be limited to, responding to requests for documents and/or
other records, and making Contractor's employees available to the City (or their respective insurers,
attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing
declarations or affidavits that provide truthful information in connection with any Litigation or Audit;
(ii) appearing at the request of the City to give testimony without requiring service of a subpoena or
other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or
Audit; and (iv) providing information and legal representations to auditors in a form and within a
timeframe requested.
City shall reimburse Contractor for reasonable direct expenses incurred in connection with providing
documents and records required under this paragraph and may require, at the City's sole discretion,
such expenses to be documented by receipts or other appropriate documentation. Reasonable direct
expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries,
benefits and other employee compensation. Contractor shall not be entitled to additional
compensation for employee services provided under this paragraph.
STANDARD OF CARE
The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence
normally employed by professional CONSULTANTs or consultants performing the same or similar
Services at the time said services are performed. CONSULTANT will re-perform any services not
meeting this standard without additional compensation.
CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the
CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City
records.
CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the
information provided by CITY.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports
and other documents and will make any authorizations necessary to proceed with work within a
reasonable time period.
PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the
Agreement the amount as outline in the Cost portion of the Consultant's Professional Services
Proposal.
B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services.
The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the CITY may withhold payment of such amount and shall provide to
CONSULTANT a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this Agreement executed by both parties prior to proceeding with the work covered
under the subject amendment.
HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all
actions, claims, and demands which may be to the proportionate extent caused by or result from the
intentional or negligent acts of the CONSULTANT, its agents or assigns, its employees, or its
subcontractors related to the performance of this Agreement or be caused or result from any violation
of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including
court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on
any such claims or demands within thirty (30) days of the date of the CITY's written demand for
indemnification or refund for those actions, claim, and demands caused by or resulting from
intentional or negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes,
the City further agrees to hold CONTRACTOR harmless from any and all liability, including claims,
demands, losses, costs, damages, and expenses of every kind and description (including death), which
may be to the proportionate extent caused by or result from the intentional or negligent acts of the
CITY, its agents or assigns, its employees, or its subcontractors related to the performance of this
Agreement or be caused or result from any violation of any law or administrative regulation, where
such liability is founded upon or grows out of the acts or omission of any of the officers, employees or
agents of the City of Oshkosh while acting within the scope of their employment.
It is the intention of the parties to this Agreement that each party shall be solely responsible for its own
actions and activities and the actions and activities of its own officers, employees and agents while
acting within the scope of their employment
INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for
Professional Services.
WHOLE AGREEMENT/AMENDMENT
This document and any specified attachments contain all terms and conditions of the Agreement and
any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated
as an amendment to this Agreement.
NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has
no third-party beneficiaries.
AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY
This Agreement is the product of negotiation between the parties hereto and no term, covenant or
provision herein or the failure to include a term, covenant or provision shall be construed against any
party hereto solely on the basis that one party or the other drafted this Agreement or any term,
covenant or condition contained herein.
NO WAIVER
Failure of either party to insist upon the strict performance of terms and provisions of this agreement,
or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right
to thereafter enforce such term or provision, and that term of the provisions shall continue in full force
and effect.
NON-DISCRIMINATION
The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,
color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be
regarded as a material breach of this Agreement
SEVERABILITY
If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the
remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid
and enforceable to the fullest extent permitted by law.
CHOICE OF LAW AND VENUE
The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement.
Winnebago County shall be the venue for all disputes arising under this Agreement.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed
with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned
by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year
first above written.
In the es e of: CONTRACTOR
Name of ny/ i
e VA
By:
(Seal of Contractor (Specify Title)
if a Corporation.)
CITY OF OSHKOSH
By:
Mark A. ohloff, City Manager
(Wi es
And.
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
Attorney,
City Comptroller
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Tableof Contents............................................................................................................................1
ExecutiveSummary.........................................................................................................................1
DetailedCost Proposal ....................................................................................................................3
APPENDIXA-Planning Background.................................................................................................4
APPENDIXB—Better Dash Paster Background and Resume..............................................................5
APPENDIXC-Sample Deliverables by Phase....................................................................................9
Ray Maurer
Parks Director
City of Oshkosh
920.236.5080
RMaurer@ci.oshkosh.wi.us
Oshkosh,Wisconsin 54901
Dear Ray,
City of Oshkosh Parks Department Needs
The City of Oshkosh Parks Department is looking for a consultant that will help the Parks Department develop their 2017-
18 operational plan that aligns to the City of Oshkosh strategic plan.
Proposed High-leve) Approach
We have designed our process to gather key stakeholder and internal leader Input while minimizing the time and
resources spent. Developing a successful plan can be relatively easy,but executing the plan may be hard. To ensure you
create a plan you can accomplish,Better Dash Faster helps your organization develop the plan quickly,assigns ownership,
builds accountability,and establishes practical measures to track your progress. Here Is the high-level proposed approach:
8 e r ' ♦i e
Phase 0 Activities: Establish and finalize approach,participants,logistics,schedule,etc.and
Finalize Scope kick-off to planning participants
Dellverables: $800
and Approach— • Approach,timeline,required meetings identified and scheduled
Then Kick-off . Planning kick off meeting(90 min)
Phase 1 Activities: Review existing ordinances,plans,and materials. Prepare and deliver on-
Gather Data line survey to the Parks Department leadership. Analyze all survey results. $1,300
and Assess Deliverables: Strategic planning conference"packet,"survey results
Activities: Facilitated planning sessions)
Dellverables:
• One page Roadmap
Phase 2 . One page Parks Department Operational Plan(Strategic Goals,Objectives,
Strategic Success Measures)
Operational . Detailed Strategic Action Plan with Goals,Objectives,Strategies/Actions, $2,850
Plan for Parks Assigned Owners
Department . Key Performance Indicators(KPI's)and Draft Dashboard
• High-level Milestone Timeline
• Report out schedule I
1
GETTER
a�'ER Page 11 Strategic Planning Proposal
CONSULTING
Participant Time Commitment
Our streamlined process requires minimum time commitment from the Parks Department staff:
90 min Strategic Planning kick-off session
45-60 min on-line survey
One 8-hour or two 4-hour planning sessions
One 2-hour report out
City of Oshkosh Parks Department controls the throttle:we can.accommodate the pace you wish to keep based on your
resources and requirements, Once the schedule is established,Better Dash Faster works very quickly to get the plan
developed so you can start working on it.
Better Dash Faster Consulting,LLC has an established track record of providing the services that City of Oshkosh Parks
Department is requesting with Wisconsin clients such as Milwaukee County,Portage County,St.Croix County,City of
Oshkosh,City of Stoughton,City of Monona,and many others.
Please feel free to contact Walter Jankowski of Better Dash Faster Consulting,LLC with any questions or requests for
additional information.
Thank you for your consideration.
(SETTER
DASVI
T=ASTER
CONSULTING
Walter Jankowski
Reinvention Consultant
613 Englehart Drive
Madison,WI 53713
(608)225-8219
Walter.Jankowski@gmail.com
BF_TTER
DASH Page (2 Strategic Planning Proposal
FASTER
CONSULTING
I
Below is a detailed cost breakout for the Parks Department strategic planning. NOTE:COSTS AND ACTIVITIES CAN BE
ADJUSTED TO BETTER MEET THE NEEDS OF THE CITY OF OSHKOSH:
. ........._._.......................................................... . ........... .
Parks Department Planning ;Sv.4o4 a$6(l9p Rate .._...._..
at Hour i
WOshkosh
10 I'll i :171,11011051 1 1!'111 111:1
W INS!
s a o a
?Finalize Scope and Approach—Then Kick-off
-- ............ ...............---------
!Finalize
---•--!Finalize project goals,approach,deliverables,and timeline { 1 j j — 1 $200
-- .........._........._._— .............:..-—
i Phase 0 1 Identify ke ly eaders to participate 1 1 $2001
............
..........---- ....._;..... .
i -Prep and deliver kick-off to Participants-Understand planning process 's, ;
I I 2 i 2 $400;
;and best practices in planning,improvement,and effectiveness
f •� ar e� •. s •+ � i 711
iGather Data and Assess-Parks Department i
--p .
---..................-— ------._...........
!Gather and review various relevant background documents including ! I
Phase i!previous strategic plans,operating budget,participant complaint data, ! 1 $2001
:surveys,key operations data,facility plans,etc. i
_...._. . :....._......... .......
i ;Pre and deliver Parks Department on-line Survey I 1 1 $200{
( i...__._P._ - --z—...-............... ---_.......--
i !Compile results of survey 3 5 8 $900f
o• a :.• .• t 1 1
iDevelop Parks Department Strategic Operational Plan
........._..------ .._ .
;Prep for.planning meeting —I 175_ j 1.75 $3501
i Phase 2 1 Deliver strategic planning sessions ! 8 ! 8 $1,600;
!Document results and prepare draft results _ ? 2 5 i 7 $700:
.........._.__ ---
( (Develop and deliver final report out 1 i 1 $200:
a
OEM-
...
Total.yam- :� aA90
Note that if you would like to have external stakeholder focus groups(approx..$500 per group depending on travel)or
modify the specifics of the approach,we would be happy to discuss the possible advantages and issues of those ideas.
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SETTER
DASH Page 13 Strategic Planning Proposal
FASTER
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OR
You may pay the premium in installments after a down payment and the balance in 10 monthly
installments (minimum $30). Should you elect to pay by the month, your next bill and all subsequent
bills, whether or not there is a minimum amount due, will include a $4.00 Billing Expense Fee (shown
under "Finance Charge") reflected in your monthly payment.
PREM/UM PA YMENT PLAN EXAMPLES
(Minimum of$30 a month)
The The Monthly And The
If The Total Number Installment The Total Total
Total The Balance of Monthly Before Adding Billing Fee Deferred
Policy Subject To Installments The For All Payment
Premium And You Billing Fee ($30 Minimum) Billing Fee Installments Price
Is: Put down: Will Be: Will Be: Will Be: Will Be: Will Be
$ 100 $ 30.00 $ 70.00 3 $ 30.00 $ 12.00 $ 112.00
$ 200 $ 50.00 $150.00 5 $ 30.00 $20.00 $ 220.00
$ 300 $ 75.00 $225.00 8 $ 30.00 $32.00 $ 332.00
$ 400 $100.00 $300.00 10 $ 30.00 $40.00 $ 440.00
$ 500 $150.00 $350.00 10 $ 35.00 $40.00 $ 540.00
$ 600 $200.00 $400.00 10 $ 40.00 $40.00 $ 640.00
$ 800 $200.00 $600.00 10 $ 60.00 $40.00 $ 840.00
$1000 $250.00 $750.00 10 $ 75.00 $40.00 $1040.00
AUTO 2957 R1 Page 1 of 1
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Liberty
MutuaL
INSURANCE
Premium Refund Policy
In most states and in most situations, any refund owed will automatically be refunded in the same
method your last payment was received. For example, if the last payment you made was by personal
check, we will send you a refund via check.
PMKT 994 08 12
Information about Personal Liability Protection Rate Determination
When determining your premium, we may consider many factors, such as your credit history, claims
history, and household risk characteristics. You may request that Liberty Mutual Insurance re-evaluate
your current personal liability protection insurance rate with up-to-date information using the same
factors prior to your policy's expiration.
Policy rate re-evaluation is limited to one request per policy period, and may result in a quoted premium
either higher or lower. If you would like your policy re-evaluated, please call us at
1-608-442-9191/1-866-751-2039 and a representative will be happy to assist you.
PMKT 861 1011 Page 1 of 1
Keep This Notice With Your Insurance Papers
PROBLEMS WITH YOUR INSURANCE? - If you are having problems with your insurance company or
agent, do not hesitate to contact the insurance company or agent to resolve your problem.
Liberty Mutual Insurance Company
P.O. Box 9099
Dover, NH 03821-9099
(603) 431-7545
You can also contact the OFFICE OF THE COMMISSIONER OF INSURANCE, a state agency which
enforces Wisconsin's insurance laws, and file a complaint. You can contact the OFFICE OF THE
COMMISSIONER OF INSURANCE by writing to:
Office of the Commissioner of Insurance
Complaints Department
P.O. Box 7873
Madison, WI 53707-7873
or you can call 1-800-236-8517 outside of Madison or 266-0103 in Madison, and request a complaint
form.
PMKT 578 01 08 Liberty Mutual Insurance Group Page 1 of 1