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HomeMy WebLinkAboutBetter Dash Faster Consulting 2018PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the Th day of December, 2017, by and between the CITY of OSHKOSH, hereinafter referred to as CITY, and BETTER DASH FASTER CONSULTING/REINVENTION, LLC, 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 August 10, 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: John Fitzpatrick, Assistant City Manager 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 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us C IGINA L j Oshkosh PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the Th day of December, 2017, by and between the CITY of OSHKOSH, hereinafter referred to as CITY, and BETTER DASH FASTER CONSULTING/REINVENTION, LLC, 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 August 10, 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: John Fitzpatrick, Assistant City Manager 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 1130 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 August 31, 2018, unless terminated earlier by one of the parties as provided below, except that CITY may extend this Agreement, upon written notice to CONSULTANT. 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 of $8,000.00 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 CONSULTANT 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 SUBCONSULTANTS 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 Presence of: CONSULTANT Name � o}f CCoompan /Firm By: i�J Reinvention nsultant President and Owner (Seal of Consultant (Specify Title) if a Corporation.) CITY OF OSHKOSH By:4�j Mark A. Rohloff, City Manager fitness) 0 And:'-�''~ Pamela R. Ubri , (Wi e ) g City Clerk APPROVED: torney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract dt n(k lc\-L-� n City Comptroller Proposal for Strategic Planning for the City of Oshkosh August 10, 2017 Prepared for John Fitzpatrick, Assistant City Manager Kortney Jenks, Organizational Specialist Prepared by FETTER DASH FASTER CONSULTING Walter Jankowski reinvention consultant. 608.225.8219 walterjankowski@gmail.com Walter Jankowski met with John Fitzpatrick and Kortney Jenks to start the discussion of strategic planning facilitation for the City of Oshkosh. The following is what I understand to be the City of Oshkosh's needs: ■ Plan and facilitate an all -day strategic planning session in July, 2018 with members of the City Council and City Department heads (approximately 18 people) and complete the plan by August, 2018 ■ Develop future state long-term vision of Oshkosh and it's various developments ■ Update the 2016 Strategic Plan and help take to the next -level ■ Involve the Supervisors in the process Based on our conversations, below is a DRAFT set of services / process that will be provided: 4�0ShkOSh Strategic Planning Advance Proposal 2 of 5 Activity Who Method Output / Results Time Update Current Plan Action Item Leads Action Items leads provide a summary status of the status of • Staff prepped for 15` or 2nd week of Progress in Envisio planning inputs including: presentation to June, 2018 1. Update Strategic Plan action items Council 2. Update progress on City Manager Goals 3. Other pertinent plans or documents that would provide background on the issues the City faces Progress Review of Staff and Council City Council presentations by staff over a few Council meetings • Awareness of June, 2018 Council Current Plan current plan status Meeting Pre -Planning On-line Supervisors and Prior to the planning session, we will send out to all planning . Progress on current Survey should take Supervisor and Department participants a short, anonymous, on-line survey: plan approximately 1 hour Department Head Heads Section One — Progress On Current Plan • Current issues facing to complete The first portion of the survey will be an assessment of the the City — input for Survey progress on your current goals and actions. We will determine: the Strategic • How important is this goal in the next 2 years? Planning Session • Perception of progress made June, 2018 Section Two — Any additional issues and Priorities Going Forward The survey will be looking forward and have open ended questions 4�0ShkOSh Strategic Planning Advance Proposal 2 of 5 Supervisor and Supervisors and I. Welcome and Introductions • Top Priorities from June Department Head Department Head II. General Overview of Survey Results the Supervisors and Prioritization Session III. Strategic Plan Progress Results Gap Analysis — What are Department Heads the biggest gaps? Point of View IV. Improvement Opportunities V. Top 5 Priorities VI. Next Step Pre -Planning On-line Council Members Prior to the planning session, Council will review the results from • Progress on plan Survey should take Council Survey the Supervisors and Department Heads - Council participants will • Current issues facing approximately 1 hour complete a short, anonymous, on-line survey: the City — input for to complete Section One — Progress On Current Plan the Strategic The first portion of the survey will be an assessment of the Planning Session progress on your Priority Goals. We will determine: • How important is this goal in the next 2 years? June -July • Perception of progress made Section Two - Issues, Plan, and Priorities Going Forward The survey will be looking forward and have open ended questions Strategic Planning Council and Full day planning session. Final agenda to be determined. • Updated strategic July, 2018 Session Department Agenda will include: plan Heads I. Welcome and Introductions • Updated City II. General Overview of Survey Results Manager goals III. Strategic Plan Progress Results Gap Analysis — What are the biggest gaps? IV. Visioning of future state City of Oshkosh developments V. Improvement Opportunities VI. Update the 2018-19 Strategic Plan VII. Next Step Follow-up Meeting(s) Department Finalize strategic plan —goals, objectives, action items and • Finalize plan and August, 2018 with Department Heads measures measures Heads Report Out to Council Council and Report out strategic plan —goals, objectives, action items and • Final plan for September, 2018 Department measures approval Heads Strategic Planning Advance Proposal 3 of 5 `:Oshkosh Oshkosh 2017-18 Strategic Planning Finalize Scope and Approach $11000 J. Finalize project goals, approach, deliverables, Prep for strategic planning meeting Phase 0 land timeline Prep and pre-meeting(s) with John, Mark, and Kortney to finalize project 2. Develop leadership and Council commitment goals and deliverables. 3. Identify participants $730 Deliverables: Agreed upon logistics and survey questions Gather Data and Assess Prep meeting agendas, timeline, and e-mails $255 Prep and deliver Supervisory introduction meeting $620 Prep and deliver Supervisor & Department Head on-line Survey 1. Create and send out Supervisor and Department Compile results of on-line survey Phase 1 leaders on-line survey Prep and deliver Supervisor and Department Head Prioritization Session 2. Create and send out Council on-line survey 3. Compile survey results Prep and deliver Council on-line Survey Compile and summarize Council survey results Prep Strategic Planning report out and materials Deliverable: Strategic plan" cket" includes survey results Deliverable: City of Oshkosh Strategic Action Plan with a roadmap for implementation/ monitoring/ milestones What you are buying: 1. Master facilitator and trainer 2. Professional consulting services and strategic plan deliverables 3. All materials and handouts 4. All travel expenses and mileage It is my pleasure to provide the City of Oshkosh with this proposal. `.Oshkosh Strategic Planning Advance Proposal 4 of 5 $200.00 1 $55.00 Rate per Hour 5 5 $1,000 5 0 5 $11000 Develop Strategic Plan Prep for strategic planning meeting 1. Plan and deliver planning retreat for Deliver strategic planning session Department Heads and Council Document results and prepare draft results 2. Assist the Leadership Team in preparing a $730 Phase 2 strategic action plan addressing strategic issues Develop and deliver final report out with specific action and an implementation plan $255 Deliverable: City of Oshkosh Strategic Action Plan with a roadmap for implementation/ monitoring/ milestones What you are buying: 1. Master facilitator and trainer 2. Professional consulting services and strategic plan deliverables 3. All materials and handouts 4. All travel expenses and mileage It is my pleasure to provide the City of Oshkosh with this proposal. `.Oshkosh Strategic Planning Advance Proposal 4 of 5 $200.00 1 $55.00 Rate per Hour 5 5 $1,000 5 0 5 $11000 4 4 $800 6 6 $1,200 2 2 $400 2 6 8 $730 5 $1,000 1 1 2 $255 2 4 6 $620 4 4 $800 26 11 32 1 1 $200 8 8 $1,600 3 4 7 $820 2.5 2.5 $500 14.5 4 18.5 $3,120 Sub -Total $9,925 Good Customer Discount '6 !1! About Your Facilitator Walter Jankowski has been a Consultant/Trainer for the last 20 years working with a wide -variety of insurance, financial, government, service, and manufacturing organizations. He currently is a Reinvention Consultant and the owner and principle in Reinvention, LLC, a Madison -based consulting firm. You may ask, "What's a Reinvention Consultant?" Walter helps senior leaders reinvent their operations by helping them figure out how to improve their organization's performance —cheaper better, faster. Walter has facilitated and trained all over the State of Wisconsin, Minnesota and several international venues in performance improvement. He has extensive experience in developing leaders, developing and implementing strategic plans, and providing other organizational improvement services for businesses, governments, school systems, and not-for-profit organizations. He has also trained thousands of senior leaders, supervisory managers, and front-line workers in the principles of leadership, quality, continuous improvement and team development. Walter earned his Masters Degree in Engineering from the University of Wisconsin -Milwaukee. He has been an active member of the Madison Area Quality Improvement Network, has been a senior examiner for the Baldrige-based Wisconsin Forward Award, and is also certified in Covey Training. As an experienced trainer and facilitator, he has a unique blend of technical and interpersonal skills that make him successful in the specialized technical workplaces of today. Walter's goal is to help organizations become more effective by helping to unleash the potential in everyone and utilize that wealth of knowledge for improvement. OshkoshStrategic Planning Advance Proposal 5 of 5