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HomeMy WebLinkAbout5.387 Original Contract .. 5.3'17 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND LINDA GOLDZIMER CONSULTING GROUP This agreement is entered into this /~ day of ~ 1995 by and between the City of Port Angeles, a noncharter code city of the State of Washington (hereinafter called the "City"), and Linda Goldzimer Consulting Group (hereinafter called the "Trainer/Consultant") . WHEREAS, the City desires to develop a customer service training program to include all City employees; and WHEREAS, the City desires to engage the professional services and assistance of a qualified consultant to assist the City in developing and implementing the customer service training program; and WHEREAS, the Trainer/Consultant represents that it has the back- ground, experience, and ability to perform the required work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth below, the parties agree as follows: 1. Scope of Work. The formed and the Trainer/Consultant Exhibit A. scope of professional services to be per- results to be achieved by the shall be as detailed in the attached The scope of work may be amended upon written approval of both parties. 2. ~. The term of this agreement shall be for a period of nine months from September 15, 1995, through June 15, 1996. The agreement may be renewed and revised upon written agreement of the parties. 3. Time of Performance. Trainer/Consultant shall conduct the professional services in accordance with the schedule set forth in the Scope of Work. The dates for performance may be changed for good cause with the prior written consent of both parties. If written consent is not obtained concerning cancellation by the City of a scheduled on-site visit by the Trainer/Consultant, cancellation fees may be charged by the 1 Trainer/Consultant as follows: a. Cancellation three months or more before the scheduled on- site visit: no charge. b. Cancellation one to three months before the scheduled on- site visit: up to 25 percent of the $3,000 per day professional fee. c. Cancellation less than one month before the scheduled on- site visit: up to 50 percent of the $3,000 per day professional fee. Out-of-pocket expenses incurred by the Trainer/Consultant prior to cancellation of a scheduled on-site visit may be billed at cost plus ten percent as set forth in subparagraph 4c. 4. Compensation. The City shall pay the Trainer/Consultant as set forth in this section of the agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. a. The City shall pay the Trainer/Consultant $3,000 per on- site training session, each session to include a minimum of eight hours of training or related services. Expenses may be billed separately as set forth in subparagraph 4c. b. Up to eight hours per month of off-site consulting services shall be provided by Trainer/Consultant and paid for by City at the rate of $120 per hour. The City may be billed for eight reserved base retainer hours each month. Any hours not used in a particular month may be applied at the City's discretion to any future month's off-site consulting hours or to the professional fee for a future on-site visit. Hours used in excess of eight hours per month shall be billed at the rate of $200 per hour. c. Expenses shall be billed as follows: (i) There shall be no charge for normal administrative word processing and secretarial support functions or for reasonable out-of-pocket expenses such as brief telephone calls, fax, and light mail. 2 (ii) Expenses such as multiple mailings, lengthy telephone conferences, heavy duplication, and express mail shall be billed at cost plus 10 percent. (iii) Out of the ordinary computer/word processing exper- tise (e.g., survey development and/or compilation) shall be billed at $75 per hour. d. Travel and accommodation expense shall be billed at cost, provided that the Trainer/Consultant shall' make every effort to schedule several clients in the same geographic area during the same trip and to prorate travel expenses among these clients and shall make every effort to take advantage of travel discounts, which shall be passed on to the City. e. Total compensation paid by the City to the Trainer- Consultant under this agreement shall not exceed $35,000 unless otherwise agreed in writing by the parties. 5. Method of Payment. Trainer/Consultant shall bill the City on a monthly basis by invoice setting forth the services rendered and the expenses incurred. The City shall remit payment within two weeks of receiving the invoice. 6. Termination. This agreement may be terminated by either party on 30 days' written notice, the effective date of termination being the 30th day from said written notice with no further action by either party. Upon termination of the agreement, the Trainer/Consultant shall be entitled to the compensation earned by it before the effective date of termination, computed on a prorata basis up to and including the date of termination. All expenses incurred up to the point of termination shall be reimbursed according to the terms of this agreement. 7. Independent Contractor. In all matters relating to this agreement, the Trainer/Consultant shall be acting as an independent contractor. Neither the Trainer/Consultant or employees or subconsultants shall be employees of the City for the purpose of payroll deductions, unemployment insurance or other benefits. The Trainer/Consultant shall have no authority to assume or create any obligation, express or implied, on behalf of the City, and the Trainer/Consultant shall have no authority to represent the City as agent, 3 , . . . employee, or in any other capacity than as set forth in this agreement. 8. Assi9nment. This agreement and the services hereunder are nonassignable by the Trainer/Consultant unless the City has given written consent. Any attempt at assignment without such written consent shall be void. 9. Indemnification/Hold Harmless. The Trainer/Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this agreement, which result from the Trainer/Consultant's actual negligence or willful misconduct in the performance of this agreement, unless such are due to the negligence of the City, its officers, agents, officials, employees, and volunteers. The City shall defend, indemnify and hold the Trainer/Consultant harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this agreement, which result from the City's actual negligence or willful misconduct in the performance of this agreement, unless such are due to the negligence of the Trainer/Consultant. 10. Applicable Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute, the venue of any litigation brought hereunder shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. CITY OF PORT ANGELES LINDA u.LD;~MER BY~ Linda G Date~;t J~I 11f) Date J:,J JIj fll f/J- Gldzmr.Agr 4 . .' LINDAGoLDZIMER CONSlll.TINC CROUP April 11, 1995 Jeff Pomerantz, City Manager Bob Coons, Director of Human Resources City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 Dear Jeff and Bob, I was delighted to speak with you both and very much look forward to having the personal and professional privilege of working with you and your colleagues. Based on the information I now have, here is a proposal for your consideratioQ.. These are the assumptions I have made in creating this proposal. S~,.151 ,"5" - ::IVNt. I s/ I r1 ~ # 1 The contract will be from Ju::n(. 1, 1~5)5 - DeceUlh\;l 31, 1~~5. It will be renewed and amended in ways that are mutually agreeable as we progress. I have utilized the current budgeted amount. #2 The travel costs are based on 21 days ( three weeks) advance confirmation of on site VISIts. This is to keep the airfare at the lowest possible level. In estimating these travel costs, I did not build in prorating the costs among other clients in the same area. Therefore, the travel estimates may be higher than the actual expenses. #3 We understand that creating a more user friendly model local government is a process and not a program~ that the investment in total resources is usually heavier at the start of the process. This investment tapers off in time as the City's natural way of doing business becomes more user friendly. I suggest we divide our long term objectives into manageable, SUCCESS ORIENTED SEGMENTS. For each, I propose we confirm a not to exceed fee, an estimated time frame, and what we will reasonably expect to achieve. This will facilitate a) MANAGEMENT OF RESOURCES by precluding an open-ended process, b) identification of DEFINABLE OBJECTIVES, c) the ability to CELEBRATE OUR ACIllEVEMENTS, d) READJUSTMENT of our strategy as we proceed, and e) the ACHIEVEMENT OF MAXIMUM REALISTIC "BUY IN." Proiesslonal Speakers. Tramers · Consultants 32 Treevlew Drive, Melville, New York 11747 (516) 367-4998 . FAX (516) 367-6631 City of Port Angeles -2- Goldzimer Consulting Group I recommend the first contract period concentrate on: I Articulating a shared vision / mission of a preferred future. This will stress the benefits of being constituent oriented and will build on the existing mission statement. II Developing a plan to achieve the preferred future. This plan will help to generate employee commitment and "buy in. " It will identify areas of strength so we can take maximum advantage of these. It will identify pockets of resistance and other obstacles so we can proceed accordingly. It will position employees to be part of the solution to "problems" and not the problem. III Beginning to readjust the organization's business processes. This allows the customer service operating values to become part of the boundaries for decisions and behavior These operating values need to be reflected in job descriptions, performance standards, performance criteria, acknowledgement and rewards, selection and promotion criteria, etc. Eventually, these customer friendly operating values substitute for bureaucratic controls~ the organization becomes customer "driven" not rule driven. We are creating a synergy. We are bringing the organization into alignment. IV Training as needed. ,- . ' City of Port Angeles -3- Goldzimer Consulting Group- This contract period will emphasize INTEGRATING THE CUSTOMER SERVICE PHILOSOPHY throughout the organization. INTERNAL CUSTOMER SERVICE will receive considerable attention. The premise: exemplary relation with external customers becomes a natural outgrowth of excellent internal customer service. Also, this approach does not establish unrealistic external customer service expectations. This philosophy suggests that the organization should underpromise and over deliver. This approach shows extraordinary sensitivity to political and media realities. So/'f'./S',I1fS - -::rCl~e I ~ I"~ INVESTMENT: Not to exceed $35,000 for the period of ltme 1 - Detelftbc.r 31, 1995. This proposal includes: Seven ( 7 ) on site days at $3000 per day and eight ( 8 ) hours of off site consultation per month at our retainer contract fee of $120 per hour. Expense for all preparation and design time is included in the professional on site fee as is reasonable out of pocket expenses such as brief telephone calls, fax and light mail. The professional fee investment also includes the design of all necessary handouts and overhead transparencies. The Linda Goldzimer ~nsult~~ Group will attempt to create the master copy of all handouts and ask the City of ~l ~~1sf~duce the duplication. If this is not possible, the duplication costs are billed at cost plus 1 ()oA>>. ' Multiple mailings, lengthy telephone conferences, heavy duplication, express mail, etc. are billed at cost plus 10%. All travel and accommodation expenses are billed at cost. We make every effort to schedule several clients in the same geographic area during the same trip. If this is possible, we equitably prorate travel expenses among these clients. We make every effort to take advantage of travel discounts which are passed on to the client . . City of Port Angeles -4- Goldzimer Consulting Group The organization must accept that change processes usually take longer than people want or anticipate. The leadership must resist the seduction to turn away from the plan and look for a "quick fix." Success requires steadfast leadership. The organization needs to be prepared to devote time to the "grunt work" of revising and streamlining. This "pain" however will be substantially alleviated because much of the work will be "outsourced" to The Linda Goldzimer Consulting Group. Linda believes in simple, practical solutions that take advantage of existing good work and previous success. Please call to discuss any of this with me. I am eager to be of service to you. It is rare that the principal leadership of an organization has such a good understanding of the change management process. It will be a delight to be associated with both of you and I am confident that much will be accomplished. Sirtcerely, imer Consulting Group Linda Goldzimer, President 5. &<'67 .-' AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND LINDA GOLDZIMER CONSULTING GROUP This agreement is entered into this b~ day of ~ ,/97; by and between the City of Port Angeles, a noncharter code city of the State of Washington (heremafter called the "City"), and Linda Goldzimer Consulting Group (hereinafter called the "Trainer/Consultant"). WHEREAS, the City desires to develop a customer service training program to include all City employees; and WHEREAS, the City desires to engage the professional services and assistance of a qualified consultant to assist the City in developing and implementing the customer service training program; and WHEREAS, the Trainer/Consultant represents that it has the background, experience, and ability to perform the required work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth below, the parties agree as follows: 1. Scope of Work. The scope of professional services to be performed and the results to be achieved by the Trainer/Consultant shall be mutually agreed upon by the City and Trainer/Consultant. 2 . Term. The term of this agreement shall be for a period of eleven months from February, 1998, through December, 1998. This agreement may be renewed and revised upon written agreement of the parties. 3. Time of Performance Trainer/Consultant shall conduct the professional services in accordance with a schedule mutually agreed upon by the parties. The dates for performance may be changed for good cause with the prior written consent of both parties. Should the City decide to schedule one or more on site visits during this contract period, if written consent is not obtained concerning cancellation by the City of a scheduled on-site visit by the Trainer/Consultant, cancellation fees may be charged by the Trainer/Consultant as follows: a Cancellation three months or more before the scheduled on-site visit: no charge. b. Cancellation one to three months before the scheduled on-site visit: 25 percent of the $ 3000 per day professional fee. 1 .." City of Port Angeles Linda Goldzimer Consulting Group c. Cancellation less than one month before the scheduled on-site visit: 50 percent of the $ 3000 per day professional fee. Out of pocket expenses incurred by the Trainer/Consultant prior to cancellation of a scheduled on-site visit will be billed at cost plus fifteen percent as set forth in subparagraph 4c. 4. Compensation. The City shall pay the Trainer/Consultant as set forth in this section of the agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work a. Should the City decide to hold one or more on site visits during this contract period, the City shall pay the Trainer/Consultant $3,000 per on-site training session, each session to include a minimum of eight hours of training or related services. Expenses may be billed separately as set forth in subparagraph 4c. b. Up to four hours per month of off-site consulting services shall be provided by the Trainer/Consultant and paid for by the City at the rate of $ 185 per hour The City will be billed for 4 reserved base retainer hours each month. Any reserved hours not used in a particular month may be applied at the City's discretion to any future month's off-site consulting hours or to the professional fee for a future on-site visit in the same contract period. Hours used in excess of four hours per month shall be billed at the rate of$185 per hour. c. Expenses shall be billed as follows: (i) There shall be no charge for normal administrative word processing and secretarial support functions. (ii) Expenses such as multiple mailings, telephone, heavy duplication, and express mail shall be billed at cost plus 15 percent. (iii) Out of the ordinary computer/word processing expertise (e.g., survey development and/or compilation) shall be billed at $75 per hour. d. Travel and accommodation expenses, should they occur shall be billed at cost, provided that the Trainer/Consultant shall make every effort to schedule several clients in the same geographic area during the same trip and to prorate travel expenses among these clients and shall make every effort to take advantage of travel discounts, which shall be passed on to the City 2 . , .; City of Port Angeles Linda Goldzimer Consulting Group 5 Method of Payment. Trainer/Consultant shall bill the City on a monthly basis by invoice setting forth the services rendered and the expenses incurred. The City shall remit payment within two weeks of receiving the invoice. 6. Termination. This agreement may be terminated by either party on 30 days written notice, the effective date of termination being the 30th day from said written notice with no further action by either party. Upon termination of the agreement, the Trainer/Consultant shall be entitled to the compensation earned by it before the effective date of termination, computed on a prorata basis up to and including the date of the termination. All expenses incurred up to the point of termination shall be reimbursed according to the terms of this agreement. 7. Independent Contractor In all matters relating to this agreement, the Trainer/Consultant shall be acting as an independent contractor. Neither the Trainer/Consultant or employees or subconsultants shall be employees of the City for the purpose of payroll deductions, unemployment insurance or other benefits. The Trainer/Consultant shall have no authority to assume or create any obligation, express or implied, on behalf of the City, and the Trainer/Consultant shall have no authority to represent the City as agent, employee, or in any other capacity than as set forth in this agreement. 8. Agreement. This agreement and the services hereunder are nonassignable by the Trainer/Consultant unless the City has given written consent. Any attempt at assignment without such written consent shall be void. 9. Indemnification/Hold Harmless. The Trainer/Consultant shall indemnifY and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees arising out of or in connection with the performance of this agreement, which result from the Trainer/Consultant's actual negligence or willful misconduct in the performance of this agreement, unless such are due to the negligence of the City, its officers, agents, officials, employees, and volunteers. The City shall defend, indemnifY and hold the Trainer/Consultant harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this agreement, which result from the City's actual negligence or willful misconduct in the performance of this agreement, unless such are due to the negligence of the Trainer/Consultant. 10. Applicable Law. This agreement shall be construed and interpreted in accordance with 3 " . .-4 City of Port Angeles Linda Goldzimer Consulting Group the laws of the State of Washington, and in the event of dispute, the venue of any litigation brought hereunder shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. Date t.j- r~ '1 R A:5\Ptangcnt.wpd B u Linda Goldzl Da:reSid7J!j;z 3/f rf- 4 -' City Attorney's Office Memorandum Craig D. Knutson City Attorney Dennis C. Dickson Sf. Assistant City Attorney Candace Kreider Legal Assistant Chrystina Bruneau Administrative Assistant Jeanie DeFrang Administrative Assistant 5.&87 March 18, 1999 TO: Becky Upton, City Clerk/Management Assistant FROM: Craig D. Knutson, City Attorney RE: Linda Goldzimer Contract Attached please find the original Linda Goldzimer contract to be placed in our file. Linda Goldzimer has been provided a conformed copy. . {L Craig D. K.on City Attorney CDKjd Attachment "' 5.8~7 JO . . .J AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND LINDA GOLDZIMER CONSULTING GROUP This agreement is entered into this yJ-ctayof ~ ,1999, by and between the City of Port Angeles, a noncharter code city of the State of Washington (hereinafter called the "City"), and Linda Goldzimer Consulting Group (hereinafter called the "Trainer/Consultant"). WHEREAS, the City desires to continue the development and implementation of a customer service program to include all City employees; and WHEREAS, the City desires to engage the professional services and assistance of a qualified consultant to assist the City in developing and implementing the customer service program; and WHEREAS, the Trainer/Consultant represents that it has the background, experience, and ability to perform the required work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth below, the parties agree as follows: 1 Scope of Work. The scope of professional services to be performed and the results to be achieved by the Trainer/Consultant shall be as detailed in the attached Exhibit A. The scope of work may be amended upon written approval of both parties. 2. Term. The term of this agreement shall be for a period of twelve months from January 1, 1999, through December 31, 1999. The agreement may be renewed and revised upon written agreement of the parties 3. Time of Performance. Trainer/Consultant shall conduct the professional services in accordance with the schedule set forth in the Scope of Work The dates for performance may be changed for good cause with the prior written consent of both parties. 4. Compensation. The City shall pay the Trainer/Consultant as set forth in this section of the agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. a Approximately two hours per month of off-site consulting services shall be provided by Trainer/Consultant and paid for by City at the rate of $185 per hour. b. One on-site visit with two eight hour sessions shall be provided by Trainer/Consultant and paid for by the City at the rate of $3,000 per day. If the City cancels an on-site visit without the Trainer/Consultant's written consent, cancellation fees may be charged as follows. - 1 - ..r ......... '. (i) 3 months or more prior notice: no charge (ii) 1-3 months prior notice. 25% of $3,000 per day fee (iii) Less than 1 month prior notice: 50% of $3,000 per day fee (iv) Out of pocket expenses at cost plus 15% c Expenses shall be billed as follows' (i) There shall be no charge for normal administrative word processing and secretarial support functions or for reasonable out-of-pocket expenses such as brief telephone calls, fax, and light maiL (ii) Expenses such as multiple mailings, lengthy telephone conferences, heavy duplication, and express mail shall be billed at cost plus 15 percent. (iii) Out of the ordinary computer/word processing expertise (e.g, survey development and/or compilation) shall be billed at $75 per hour (iv) Travel and accommodation expenses shall be billed at cost, provided that Trainer/Consultant shall make every effort to schedule several clients in the same geographic area during the same trip and to prorate travel expenses among those clients and shall make every effort to take advantage of travel discounts, which shall be passed on to the City. d. Total compensation paid by the City to the Trainer/Consultant under this agreement shall not exceed $12,000 unless otherwise agreed in writing by the parties. 5. Method of Payment. Trainer/Consultant shall bill the City on a monthly basis by itemized invoice setting forth the services rendered and the expenses incurred. The City shall remit payment within two weeks of receiving the itemized invoice. 6. Termination. This agreement may be terminated by either party on 30 days' written notice, the effective date of termination being the 30th day from said written notice with no further action by either party. Upon termination of the agreement, the Trainer/Consultant shall be entitled to the compensation earned by it before the effective date of termination, computed on a prorata basis up to and including the date of termination. All expenses incurred up to the point of termination shall be reimbursed according to the terms of this agreement. 7 Independent Contractor. In all matters relating to this agreement, the Trainer/Consultant shall be acting as an independent contractor. Neither the Trainer/Consultant nor employees nor sub consultants shall be employees of the City for the purpose of payroll deductions, unemployment insurance or other benefits. The Trainer/Consultant shall have no authority . to assume or create any obligation, express or implied, on behalf of the City, and the Trainer/Consultant shall have no authority to represent the City as agent, employee, or in any other capacity than as set forth in this agreement - 2 - -' 8 Assignment. This agreement and the services hereunder are nonassignable by the Trainer/Consultant unless the City has given written consent. Any attempt at assignment without such written consent shall be void 9. Indemnification/Hold Harmless. The Trainer/Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this agreement, which result from the Trainer/Consultant's actual negligence or willful misconduct in the performance of this agreement, unless such are due to the negligence of the City, its officers, agents, officials, employees, and volunteers. The City shall defend, indemnify and hold the Trainer/Consultant harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this agreement, which result from the City's actual negligence or willful misconduct in the performance of this agreement, unless such are due to the negligence of the Trainer/Consultant 10 Applicable Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute, the venue of any litigation brought hereunder shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. CITY OF PORT ANGELES B(d~Th!jo- City Manager By CONSUL TING GROUP !~ Date 3/3/ i 9) President A J, /;1/1 f Date A IGLDZMR AGR - 3 - .., . ,.,.,;.. EXHIBIT A Scope of Work Advise the City \1anager. CU'Itomer C0mmiunenl Steering ComrnJr..ee. wd Human Resources Manager on issues related to the City's CllStomer Commitment P~ogram 2. Participate by conferer,ce call 111 an orientation o~. the new C~!,tomer CO!l1mitmen~ Steering Committee members 3 ..-\sSlst the Customer Commltment Steenng Committee l.I1 it~ goal setting process Including :ncorporation of the employee SWVfy result.4; 4 Advise the variou& CJstomer Commitment subcommittees as requested by tbe Steering CommIttee - 4 -