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HomeMy WebLinkAboutHR12-278 - Original - The Edge Advisory Group - Promote "Vision for Kent 2025" Diversity - 11/08/2012 ecords M,4rfagernenj) TDocument WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Jabez and Associates dba The Edge Advisory Group Vendor Number: ]D Edwards Number Contract Number: 4 0, ,2 7 9 This is assigned by City Clerk's Office Project Name: Diversity Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: �� //� 1A Contract Effective Date: Upon Execution Termination Date: 03-30-2014 Contract Renewal Notice (Days): Notice Number of days required notice for termination or renewal or amendment Contract Manager: Chris Hills Department: Human Resources Detail: (i.e. address, location, parcel number, tax id, etc.): -_C-dv, 1116 /lam S Public\RecordsManagement\Forms\ContractCover\adcc7832 11/08 KENT WRSHINOT.N CONSULTANT SERVICES AGREEMENT between the City of Kent and Jabez and Associates dba The Edge Advisory Group THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jabez and Associates dba The Edge Advisory Group organized under the laws of the State of Washington, located and doing business at 5919 Alameda Way West, University Place, WA (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Addendum A - Attached Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by March 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $40,000 (inlcuding Washington State sales tax, for the years 2012, 2013 and 2014 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) through 2014. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) B. The Consultant shall submit invoices at these prescribed times. Phase 1 invoice for $40,000 in December of 2012. Phase II Quarterly Invoices for $10,000 in January, March, June and September of 2013. Phase III Invoice for $40,000 in January of 2014. These payment invoices will be submitted to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. I IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this j Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on II CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the CONSULTANT SERVICES AGREEMENT- 3 (Over$10,000) documents, data and flies created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an Independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KEN By:� _ By: /} (sign" " ) (signature) Print Name: /7%Y/7 ?4 ��1G7' Pri Na e: uzette Cooke Its -,Xje b,j' Its Ma or (title) DATE: 10 2- DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Anita F. Paige [Chris Hills, Risk Manager Jabez and Associates dba The Edge Advisory City of Kent Group 220 Fourth Avenue South 5919 Alameda Way West Kent, WA 98032 University Place, WA 98467 206-851-1203 Jamia Thomas (253) 253.856.5285 (telephone) 253-230-2558 Anita Paige (telephone) (253) [253.856.6270 (facsimile) 253-205-8599 facsimile APLVED AS TO FOR CONSULTANT SERVICES AGREEMENT- 5 (Over$10,000) i Kent Law Department Do this field,you may enter the electronic fdepeth where the contract has been saved] I CONSULTANT SERVICES AGREEMENT- 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY 1 The City of Kent Is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this '— day of , 2011: By: Y��� For: 01.e Title: Date: i_01-h-L. EEO COMPLIANCE DOCUMENTS - i i I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors Indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent oft-• 'e Company, hereby acknowledge and declare that the before-mentioned co any was the prime contractor for the Agreement known as 612 f!_z&;*, 4( that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this'__'�__?e day of ° , 20 j 2� By: For: J Title: lJ7i dY Date: 2. EEO COMPLIANCE DOCUMENTS - 3 I I , ;'EDGE Consultant Services Agreement between the City of Kent and Jabez and Associates dba The Edge Advisory Group(Addendum A—Description of Work) In alignment with the Vision for Kent in 2025"Kent is a safe,connected and beautiful city;culturally vibrant with richly diverse urban centers" Edge will deliver a tactical approach to support the City of Kent in achieving the Strategic Goal of Fostering Inclusiveness: Promote inclusiveness and broaden the opportunities to celebrate and showcase the diversity of our community.Seek ways to educate employees, employers and the community on the cultural diversity of Kent. Remove barriers to increase hiring to match the city's diverse population. The phases outlined In this contract are identified as the actions steps that will allow us to successfully partner in your efforts to build a culture that will enable you to effectively implement your strategic goal by providing a business management model that will create a higher level of engagement throughout your organization. Utilizing engagement as business management concept functions a tactical approach to success with measurable outcomes that can easily be qualified, quantified and dollarized. The overarching goal is to define, design and build a culture in which a diverse population will be willing to engage and contribute. This contract represents strategy and should not be considered a training event. This tactical approach will provide tools for implementation that will translate from the training room directly into the organization by using a proprietary maturity model for implementation. Areas of focus in this contract include phases of work which will result in: • Utilizing employee engagement as a business management model. • Building a culture for all entities to work as one. This is not an invitation but a cultural and performance expectation. • Driving results through a platform that focuses directly on shared vision,shared results,shared impact,shared accountability,shared risk,and finally shared rewards. • Implementation of strategies,activities and resources for intentional relationship building. • Strategies to unleash leadership,team and organizational engagement and effectiveness. • Budding a strong culture of collaboration,teaming, innovation and results. • Investing in key leadership competencies,capabilities and their ability to be catalysts for required change. • Creating an engaged workforce fully aligned to organizational priorities. • Emphasize the importance of a diverse talent pool including categorical diversity as well as cognitive diversity. Edge will provide the following deliverables in 3 Phases: YEDGE ' I • kWV117-1WAWtWAyAi411V11�4- 1 "CULTURE will eat STRATEGY for BREAKFAST" 4.Q I ' —Peter Drucker What is AN'ock1l. It is imperative to align culture and strategy to ensure successful outcomes. Our 4 Quadrant Approach creates a platform for awareness,provides organizational clarity and identity of causal factors that are driving results. Pole lifill rill lfhlle� Goals The 4Qwill enlighten and empoweryou to determine if your culture is an asset or a liability. Facilitator—Anita Paige Key Deliverables • Facilitate the 4Q with the Leadership Team (2 Day Session) • Determine factors that drive success and factors that diminish outcomes • Evaluate the cause and effect of key drivers • Differentiate environment from culture • Create a strategy focused on causal drivers and measurable outcomes • Understand the role of leadership in cultural shift • 4Q Report and Recommendations EDGE ILI -SFk "CULTURE will eat STRATEGY for BREAKFAST" —Peter Drucker At Edge we believe that it is imperative to align culture and strategy to ensure successful outcomes. Our approach empowers leaders to gain a full understanding their sf _; :_ = current culture, identify their ideal culture and receive they 3� tools necessary to close the gap. al YourYour culture will either be an asset or a liability. This process allows us to focus on the 4 critical levers of ' performance that impact the triple bottom line. Facilitator—Anita Paige Key Deliverables • Debrief 4Q Assessment • Differentiate environment from culture • Map out the roll-out schedule • Create the communication plan I 7 DGE • - • Executive/Management Team • and Development November/December 2012 : Training does not change culture. Business transformation and culture change is dependent on having strong leadership capabilities, capacity and the willingness to be catalysts for change This approach will focus on what,why and how at each level to 3 effectively drive change top down. ' YI Five(1) Day Sessions for Managers/Leaders Facilitator—Anita Palge Key Deliverables: In an organizational structure the Executive Team typically sits at the Strategic Level, the Management Team typically sits at the Tactical Level and the Core functions at the Task Level, Your Leadership/Management Team will: • Understand the role of leadership in cultural shift • Become fluent in Engagement as a Business Management Concept • Directly tie the BMC to the triple bottom line: Employee Engagement, Service Delivery and Customer Satisfaction EDGE i M • • II 3� yy 3 Cultural Shift happens at all levels of the organization It is not a top down initiative or a bottom up change. It's the entire ' aat "� '`�''I 'c�l organization buying into and living out the mWcl of EmpWm tE-gglmcnt oil rinanelal PlOomme, concept of organizational culture,the need to be culturally responsiveness in a diverse fi marketplace and creating a culture in which diverse population willing to engage. ---- .9 - 3S .Vvequ t2y,.VMI IM.n lli �KRler 6ul+a9xryl,flans[ryM6lxixCed Facilitator—An Edge Certified Facilitator Fifteen (1)Day Sessions for Core Personnel � � (Class size not to exceed 30 participants) Key Deliverables: • Customized Process Based Upon 4Q. • Tools to define, design and build ideal culture of engagement. • Define what "diversity" is and why it's important. • Explore managing diversity vs. leveraging diversity. • Learn tools to be culturally responsive. • Understand our role and responsibility in aligning with organizational priorities/strategy. i I DGE Phase III • Free Bounce ModelMaturity January 12014 l The Maturity Model is a proprietary approach to successfully implement and execute a true cultural shift. The key to success is complete awareness of where the organization sits in the model and "what needs to happen and how it needs to happen to advance throughout the process". Strategy The City of Kent Culture Project is not an event Policy — Practice it is a process. Facilitator—Anita Paige Key Deliverables: This session provides an opportunity for the Executive Leadership Team and the Management Team create a collaborative approach to move the organization to L5. The term "no free bounce" indicates the need to be intentional in every aspect of cultural change. • 5 Year Licensing Agreement. • Review and Evaluate Data collected from Roll-Out. • Create a strategy for L4"Integration" utilizing participant feedback. • Up to 20 Hours of Consulting/Coaching to be utilized as needed to secure L4 integration/Sustainability Plan. /I ;I► REQUEST FOR MAYOR'S SIGNATURE KENT , Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Chris Hills Dept/Div. Human Resources Extension: 5285 Date Sent: 11/7/12 Date Required: 11/9/12 Return to: Chris Hills CONTRACT TERMINATION DATE: 3/30/2014 VENDOR: ]abez and Associates dba DATE OF COUNCIL APPROVAL: 11/6/12 The Edge Advisory Group ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - If applicable Brief Explanation of Document: The Edge Advisory Group will deliver a tactical approach to support the City of Kent in achieving the Strategic Goal of Fostering Inclusiveness and provide advice on broadening the opportunities to celebrate and showcase the diversity of our community. They will seek ways to educate employees, employers and the community on the cultural diversity of Kent and remove barriers to Increase hiring to match the city's diverse population. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: _I � Approval of Law Dept.: 140V a 7 2012 1 Law Dept. Comments: vz� KENT DEFT Date Forwarded to Mayor: �2 I ( ') Shaded Areas To Be Completed By Administration Staff Received: Q c �r Recommendations and Comments: Disposition: �_ ��tyCf EFt Date Returned: