HomeMy WebLinkAboutCM Integration of Library and Community Services DepartmentsAGREEMENT FOR PROFESSIONAL SERVICES
FOR THE INTEGRATION OF LIBRARY AND COMMUNITY SERVICES
DEPARTMENTS
This Agreement is made and entered into this~ day of November, 2018, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and MANAGEMENT PARTNERS
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the City has decided to merge the Library and Community Services
Departments together over the next several months; and
WHEREAS, the merger of Library and Community Services Departments will create new
possibilities for collaboration and innovation in programming and services for the community along
with opportunities for staff talent development by creating a combined department; and
WHEREAS, the City intends for the integration effort to be a participatory one, engaging
staff from both departments; and
WHEREAS, the City requires assistance to guide, engage and integrate the staff of the two
departments; and
WHEREAS, the CONTRACTOR is qualified to provide these needed professional services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. The Community Services Director, Susan Andrade-Wax
is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. JAN PERKINS is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR
shall notify the CITY within ten ( 10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as
l\-~-1-82 ORIGINAL
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGN ABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
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(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance
evidencing the insurance coverage required in this Agreement; (2) a copy of the policy
declaration page and/or endorsement page listing all policy endorsements for the commercial
general liability policy, and (3) excerpts of policy language or specific endorsements evidencing
the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain
a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure
to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance
shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
5
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Jim Schutz, City Manager
City of San Rafael
1400 Fifth A venue
P.O. Box 151560
San Rafael, CA 94915-1560
Andrew Belknap, Regional Vice President
Management Partners
2107 N. First St. Suite 470
San Jose, CA 95131
Office: (408) 437-5400
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT--AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR
under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year
first above written.
CITY OF SAN RAFAEL CONTRACTOR
J ~ GERALDNEWFR,Predent/CEO
Management Partners, Inc.
ATTEST:
LINDSAY LARA, City Clerk
VEDAS TO FORM:
9
Management
Partners
Mr. Jim Schutz
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Dear Mr. Schutz:
EXHIBIT A
October 5, 2018
Management Partners is pleased to provide this proposal to the City of San Rafael to facilitate
the process of integrating the Library and Community Services Departments. We have the
experience to assist the City with this important work and would be pleased to do so. Jan
Perkins, Senior Partner, will be our lead consultant on this engagement.
Our Understanding of the Engagement
The current library director position is vacant and you have decided to merge the Library and
Community Services Departments together over the next several months. The intention is to
create new possibilities for collaboration and innovation in programming and services for the
community along with opportunities for staff talent development by creating a combined
department.
The Library and Community Services Departments serve a community of over 57,000 located in
Marin County. The Library has approximately 21 full-time equivalent employee (FTE) positions
providing service in the main library and a branch located in a community center. The City has
partially completed a library facilities planning project that will determine location and cost of a
future library. The assistant library director is serving as acting library director at present. The
Community Services Department has approximately 50 FTEs providing a range of recreation
programs and a robust child care program. The Library Board of Trustees and the Parks and
Recreation Commission are staffed by the two departments.
The City intends for the integration effort to be a participatory one, engaging staff from both
departments. The leaders of the two departments understand that the cultures of each differ
and that some employees will have concerns about their future in the new, combined
department. It is hoped that engaging staff in conversations about possibilities that can be
created through a combined department, support and enthusiasm will be generated to serve the
department well as it is launched.
1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 8615400 • FAX 513 8613480 MANAGEMENTPARTNERS.COM
2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191
3152 RED HILL AVENUE, SUITE 210 • COSTA MESA, CALIFORNIA 92626 • 949 2221082 • FAX 408 453 6191
Mr. Jim Schutz
Management Partners' assistance is desired to facilitate this process as described in the
following scope of work:
» Create a vision, mission, set of values and initial goals for the new department;
Page2
» Provide advice about an organizational stmcture for the newly formed department;
» Conduct teambuilding and review the roles of managers, supervisors and staff in the
newly formed department; and
» Determine any changes in roles or communications pertaining to the Library Board of
Trustees and the Parks and Recreation Commission that may be needed as a result of the
merged departments.
Plan of Work
Based on our understanding of San Rafael's needs, we have prepared a detailed plan of work
which is amenable to refinement to adapt it to your specific interests. Our process provides for
ongoing and meaningful collaboration between our staff and yours. A draft schedule follows
the plan of work outlined below.
City staff will be integrally involved in developing the strategic plan. The table below shows the
anticipated roles of the City and Management Partners.
City Staff Management Partners
» Guide process
» Schedule meetings
» Distribute online surveys
» Handle workshop logistics and print materials
» Manage communications with staff
» Manage communications with Library Board
and Parks and Recreation Commission
» Provide information on the functions, staffing
and reporting relationships of the Library and
Community Services
» Provide high-resolution photos to be inserted
into the final vision, mission, values, goals
document
» Design and administer online survey
» Facilitate workshops
» Create organization structure options
» Prepare document containing vision, mission,
values and goals
Activity 1 -Start Project and Conduct Kickoff Meeting
Management Partners will begin with an initial conference call meeting with you, the acting
library director, the community services director and their senior managers. During this
meeting, we will review a draft work plan and schedule for the process as well as the roles of
the parties.
This project start-up activity will form the basis of the partnership between Management
Partners' team and the City's team. This initial planning meeting will afford the opportunity to
Mr. Jim Schutz Page 3
share information, establish communication protocols and refine the schedule and work plan so
that it is comfortably integrated with staff's other work demands during the project. We will
refine the work plan and schedule as needed based on feedback received.
Activity 2 -Conduct Employee Survey and Review Documents
Next, we will gather information through an online staff survey and a review of various
documents. Both are described below.
1) Design and administer online staff survey. Employees of the two departments will
have important observations and suggestions that will be helpful to the success of the
new department.
» Management Partners will design a confidential online survey to seek input from
permanent and temporary employees about strengths, opportunities for
collaboration, training and professional development, and other factors.
» We will create a draft for the City's review and place it into an online format once it
is final. The City will then send the link to all employees.
» Responses will be returned to Management Partners.
» We will analyze the responses and identify themes. This information will be part of
the workshop materials we prepare, as described in Activity 3.
2. Review documents. We will review materials from the City that describe the functions
of each of the work units within the Library and Community Services, as well as a listing
of positions assigned to each of the major functions and reporting relationships. This
will be helpful information for the workshop described next in Activity 3.
We will convene a conference call with the acting library director and the community services
director to discuss the results of the online staff survey and materials prepared by the City on
the functions of the two departments. This conference call will be helpful in creating the agenda
for the workshop.
Activity 3 -Design and Facilitate First Workshop
Next, we will design and facilitate the first one-day workshop. The focus of this workshop will
be to create a shared understanding of the strengths of the Library and Community Services
functions and staff, identify possibilities that could be created with the new department, discuss
areas of potential collaboration, and start the conversation about mission, vision and values of
the new department.
To prepare for the workshop, we will complete the following tasks.
1) Determine workshop participants. Our suggestion is that the morning include all staff
in both departments and that the afternoon include managers and supervisors. We will
collaborate with the directors to finalize the list of participants.
Mr. Jim Schutz Page4
2) Prepare agenda. We will prepare a detailed agenda for the workshop and review it with
the directors . Potential agenda items include:
Morning sessio11 with all staff.
» Hear comments from the City Manager;
» Participate in icebreaker to get to know each other;
» Review results of online staff survey;
» Identify possibilities, potential new collaborations and opportunities for
change in roles or functions created by the new department; and
» Identify possible impediments to be aware of and address.
Afternoon session with ma11agers and supervisors:
» Identify key concepts for a vision and mission for the new department;
» Identify a set of values for the new department;
» Identify what will be needed for the new department to be successful; and
» Identify communications that will be needed with various stakeholders.
3) Prepare workshop materials. Management Partners will prepare workshop materials to
enable the day to be most productive. We will prepare a slide deck to present this
information, as well as a handout for each participant.
4) Coordinate logistics. We will work with City staff on room set up, location and other
logistics to set the stage for a productive day for all participants.
We will then facilitate the workshop, using a combination of small and large groups. The
workshop will be interactive and engaging, ensuring that everyone has an opportunity to fully
participate in the discussions. Following the workshop, Management Partners will prepare a
summary of the discussions and outcomes.
Activity 4 -Advise on Organizational Stmcture
Management Partners will create organization structure options and discuss them with you, the
acting library director, the community services director and others you designate. We have
examples of combined library and community services departments in other cities that will
inform this discussion. We will have also learned much more about the City of San Rafael's
particular situation and will be able to provide meaningful suggestions.
We will design options and convene a conference call to discuss them as noted above. After this
meeting, we will summarize the results and prepare one or more organization charts to provide
to the City.
Activity 5 -Design and Facilitate Second Workshop and Prepare Workshop Report
We will design and facilitate the second one-day workshop. The first half will be with the
management team and the second half will be with all staff from the two departments. The
focus of this workshop will be on finalizing the vision, mission and values, and creating several
goals for the new department's first year.
Mr. Jim Schutz Page5
We will complete the following tasks in Activity 5.
1) Determine workshop participants. We will collaborate with the directors to finalize a
list of participants.
2) Prepare agenda. We will prepare a detailed agenda for the workshop and review it with
the directors. The workshop will be interactive and engaging, with the objective being to
instill a sense of possibility about the future with the creation of the new department.
Potential agenda topics include:
Morning session with managers and supervisors:
» Finalize vision, mission and values; and
» Create several goals for the new department.
Afternoon session with all staff:
» Hear comments from the City Manager;
» Review the new organization structure;
» Discuss how each of their program areas relate to the new vision, mission
and values;
» Discuss specific steps they can take in their program areas to collaborate and
begin to implement goals of the new department; and
» Discuss communications and how questions will be addressed as they arise.
3) Prepare workshop materials. Management Partners will prepare workshop materials to
enable the day to be most productive.
4) Coordinate logistics. We will work with City staff on room set up, location and other
logistics to set the stage for a productive day for all participants.
5) Facilitate workshop. We will then facilitate the workshop in a way that is interactive
and engaging, using a combination of small and large groups.
6) Prepare workshop report. After the workshop, we will create a workshop report
containing the new mission, vision, values and goals. We will insert high-resolution
photos provided by the City into this document so that it can be used as an accessible
communication vehicle with staff and others. This will contain an implementation
action plan for the goals established during the workshop.
Project Team
Management Partners has a project team that is highly qualified to complete this work for the
Pleasanton library. This project will be a top priority for Management Partners and our team
members will be available in whatever capacity will contribute to the success of the project. Jan
Perkins will serve as project manager and will be responsible for execution of the project. She
Mr. Jim Schutz
will be supported by Mandy Brown and Christine Butterfield. The project team members'
qualifications are briefly summarized below.
Jan Perkins, Senior Partner
Page 6
Jan has 30 years of management experience in local government. Before joining Management
Partners in 2005 she served in several California and Michigan jurisdictions, including as city
manager in Fremont and Morgan Hill, California. She also served the cities of Santa Ana,
California; Grand Rapids, Michigan; and Adrian, Michigan. She provides assistance to
government leaders in organizational analysis, leadership development, facilitation, strategic
planning, teambuilding, executive performance evaluation, and policy board/staff effectiveness.
Jan is a frequent speaker at conferences and has authored a number of articles on leadership,
executive performance evaluation, ethics and successful hiring strategies. Jan holds an
undergraduate degree in sociology and a master's degree in public administration from the
University of Kansas. She completed the Program for Senior Executives in State and Local
Government from Harvard University and is an ICMA Credentialed Manager.
Mandy Brown, Management Advisor
Mandy is responsible for conducting financial and operational analyses to support many types
of client projects including organization reviews, process improvement, financial planning, and
budgeting studies. She has a background in urban planning and statistics with significant
community engagement and project management experience. Her analytic training includes
inferential statistics, linear and logistic regression, and survey research and design. She is
experienced in collecting data and using analysis and modeling tools for forecasting, policy
analysis, and the design of projects and plans.
Christine Butterfield, Senior Management Advisor
Christine has worked in local government since 1992 in California, Illinois and Minnesota. She
has held positions of responsibility in organizations with 1,500 employees and a budget of $500
million (serving a population of 320,000) to communities with only 130 employees (serving
fewer than 30,000 people). Christine has served as an assistant city manager and as community
development director. In this capacity with the City of Cedar Rapids, Iowa, she headed the
City's response to the 2008 flooding disaster, the worst disaster in the history of Iowa and one of
the most expensive disasters in the history of the United States. She has worked on numerous
projects, including a master plan for parks and recreation, a flood protection plan and ten
neighborhood redevelopment plans. Christine has experience managing all municipal
operations as well as intergovernmental relations, strategic planning and labor negotiations. She
also has considerable experience with process improvement and reengineering and has used the
LEAN Six Sigma method to make improvements to land use/development entitlement
functions. In this regard she oversaw implementation of the first paperless land development
submission process. She has a proven ability to lead diverse teams, develop trust and build
consensus in a collaborative way. In addition to her public service, Christine also has 10 years of
Mr. Jim Sd1Utz Page7
experience working as a consultant providing strategic planning, economic development and
fiscal impact analysis.
Hours, Cost and Schedule
Management Partners estimates that 160 hours of management consulting assistance will be
required to complete the project scope described above. The ultimate test of a quality project is
that the client is pleased with the results, and we are committed to achieving that goal. The total
cost of this project is $24,900, which includes all fees and expenses. The table below shows the
cost by activity .
ACTIVITY COST
1-Start Project and Conduct Kickoff Meeting $1,500
2 -Conduct Employee Survey and Review Documents $3,300
3 -Design and Facilitate First Workshop $8,500
4 -Advise on Organizational Structure $2,400
5 -Design and Facilitate Second Workshop and Prepare Document $9,200
TOTAL $24,900
The tentative schedule for this project follows.
ACTIVITY SCHEDULE
1-Start Project and Conduct Kickoff Meeting Oct 15-30
2 -Conduct Employee Survey and Review Documents Nov 1-Dec 15
3 -Design and Facilitate First Workshop Jan 2-Feb 8
4 -Advise on Organizational Structure Nov 5-Dec 31
5 -Design and Facilitate Second Workshop and Prepare Report Feb 12 -March 8
Conclusion
We look forward to working with the City of San Rafael. We welcome the opportunity to
provide additional information that may be helpful. If you have any questions about our
proposal please contact Jan Perkins (949-202-8870). Thank you for your consideration.
Sincerely,
ltlt;~
Andrew S. Belknap
Regional Vice President
Mr. Jim Schutz Page8
Accepted for the City of San Rafael by:
Name: _____________ _
Title:
Date:
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Manager's Office
Project Manager: Jim Schutz
Extension: 7248
Contractor Name: Management Partners, Inc.
Contractor's Contact: Jan Perkins
Contact's Email: jperkins@managementpartners.com
□ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA > $20,000; or Purchase> $35,000; or
Public Works Contract> $125,000
Date of Council approval
PRI N T CO NTI NUE ROU TIN G PROCESS W ITH H ARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
10/25/2018
10/25/2018
10/31/2018
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