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HomeMy WebLinkAboutSHARON BROWNING & ASSOC 1 - 2005 N-2005-124 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 10th day of October, 2005 by and between Sharon Browning & Associates, a California sole proprietorship (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under Constitution and laws of the State of California ("City"). RECIT ALS A. City desires to retain a consultant having special skill and knowledge in planning and meeting facilitation services, to provide organizational development and strategic planning services for the City Attorney's Office. B. Consultant represents that Consultant is able and willing to provide such services to City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: L SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. Consultant shall subcontract with Henson Consulting Group to perform Meyers Briggs Type Indicator Testing, as set forth in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to acccpt as total payment for its services, $160.00 per hour, as set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed $8,042.50 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following reccipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2006, unless terminated earlier in accordance with Section 12, below. The term of this 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: /i ( ("'<-"--0- I,{t,( ~~ Ii \, '. '--- t'--,-_ PATRICIA E. HEA'LY Clerk of the Council b'; //1'7 '/,', ~<.(/(j l'v'-< ,,~- DAVID N. REAM City Manager APPROVED AS TO FORM: (-~ /' ' :1? . {".c/ t&e' ~JbSEPH W. FLET City Attorney SHARON BROWNING & ASSOC. D FOR A -VAL: ~/b~ 'SHARON M. BROWNING Tax ID# ;;.5'7 -t,o - <(1117 EXHIBIT A PROPOSAL TO PROVIDE ORGANIZATIONAL DEVELOPMENT AND STRATEGIC PLANNING SERVICES Sharon Browning & Associates (SB&A) is pleascd to submit the following proposal to provide organizational development and strategic planning services to the City of Santa Ana's City Attorney's Office (CAO). Consulting Assignment The CAO is seeking assistance in developing a three to five-year strategic plan and as a by- product of the planning process to energize staff and reinvigorate its commitment to the tenants of Total Quality Service. Further, it seeks recommendations on how it can significantly foster cooperation, effective communication, a sense of team and creativity among statT. Scope of Work SB&A proposes a phased approach to achieving the CAO's planning and organizational development objectives. In Phase I, SB&A will conduct an ascertainment study based upon 12 one-on-one confidential interviews with the Department's attorneys and its head of administration. The purpose of the ascertainment study will be to: 1) solicit input upon which an effective, outcome driven process for strategic planning will be based and 2) identify and thoroughly assess attitudes, issues, incentives. disincentives, communication patterns and other elements of the work environment that currently impact or have the potential to positively or negatively impact the CAO's mission and service objectives. Subsequent to completing the Phase I ascertainment study, SB&A will prepare a brief memorandum that summarizes its findings, conelusions and recommendations for: . Achieving an optimal strategic planning process and outcome driven plan . Fostering enthusiasm, commitment to quality service and creativity among staff · Addressing issues (inter-departmental and external) that may be negatively impacting the CAO's mission and business plan The ascertainment study is a crucial first step in accurately identifying and understanding what organizational development interventions and techniques will be most productive. The study aids m: I. Gaining an accurate and unbiased understanding of the work environment 2. Validating planning assumptions and avoiding the potentially counter productive impacts of acting on unwarranted assumptions 3. Provides a "safe and positive" opportunity for key participants to be involved from the beginning in critical thinking and partnering in directing organizational development, the planning process and the future of the organization In Phase II, based upon the ascertainment study findings and recommendations, SB&A will work with the CAO to develop and implement a strategic planning process that might consist of a one- day planning retreat followed by a half day follow-up retreat and/or a series of smaller task force meetings. As previously noted, the precise planning process will be determined subsequent to the ascertainment study and recommendations. As an elective option in Phase II, SB&A will provide Myers Briggs Type Indicator (MBIT) testing, interpretation and instruction. This service will be provided by Cindy Henson of the Henson Consulting Group. Ms. Henson is an associate of SB&A's and is licensed to administer the MBIT. Use of the MBIT is helpful in building understanding and a sense of team among staff and in determining the makeup of workgroups. Professional Fces In order to complete its proposed scope of work, SB&A expects to devote an estimated 40 hours at its $160/hour billing rate, SB&A's time will be distributed approximately as follows: TASK HOURS Phase I: Ascertainment Study - Review the CAO current strategic plan and Department background materials - Conduct 12 interviews (including preparation of interview questions/format and interview recordation summaries) - Prepare content analysis of interviews - Prepare retreat agenda recommendations - Presentation of summary report and recommendations to the CAO planning team (conference call) 10 4 4 I Phase II: Strategic Planning Process - Preparation of planning retreat agenda, annotated 4 agenda and meeting support materials (2 meetings) - CAO planning team conference call I - Facilitate planning meeting (s) 15 - (CAO will make facility arrangements and prepare meeting minutes) Phase II: Myers Briggs Type Indicator (optional) - Preparation and distribution ofMBTI N/A - Planning and facilitation of one half day retreat - MBTl instruments Phase III: Ongoing counsel and coaching - TBD Projected Total Hours Phase I: Phase II: Phase III: 20 20 TBD Total Hours: 40 Total SB&A Project Fee: 40 hours @ $160/hour: Total Henson Consulting Group Project Fee: $6,400 $1,642.50 Total Project Fee: $8,042.50 SB&A will bill against the total project fee on an hourly basis not to exceed the projected fee without prior authorization. The Phase I fee is due upon completion and presentation of the summary memorandum of ascertainment findings and recommendations. As is SB&A's practice, every etTort will be made to complete work in as few hours as are required to do reliable, quality work. SB&A's hourly rate includes expenses related to travel, meeting facilitation supplies and administrative overhead. Changes in SB&A's estimated professional fee arising from subsequent changes in the project, scope of work or completion time line will be mutually agreed upon by the CAO and SB&A. Services provided by SB&A that exceed the original scope of work and total fee contract amount will continue to be provided at the fee scale of $160 per hour. Completion Schedule SB&A requires approximately 30 days from the date of authorization to proceed to complete the proposed Phase I scope of work and 30 days to complete Phase II. In the event that delays occur that are beyond SB&A's control, the CAO will be immediately informed. Staffing and Project Coordination The CAO ascertainment study and strategic planning project will be implemented and managed by Sharon Browning, Principal. Throughout the project, Sharon Browning will, as requested, provide the CAO with progress reports as requested and necessary. Confidentiality SB&A will maintain all sensitive information provided by the CAO in the strictest confidence. Further, any information gathered from sources during the course of this consulting assignment is the exclusive property of the CAO. While information provided SB&A on a confidential basis by interviewees will be maintained by SB&A as confidential, the essence of the information will be summarized for the CAO without attribution. Potential Conflicts of Interest In the unlikely event that the interests of the CAO potentially appear to be in connict with the interests of other SB&A clients, SB&A will immediately advise the CAO of the potential connict and will seek to resolve the potential connict in a mutually acceptable manner. Term of Consulting Agreement This agreement will remain in effect through completion of the scope of work or until the CAO notifies SB&A that its services are no longer required. SB&A will provide the CAO with a minimum four weeks' notice prior to unilaterally terminating its services. The CAO may terminate this agreement, without cause, at any time upon providing SB&A written notification. SB&A welcomes the opportunity to work with the CAO's stafT, to contribute to the CAO's increased effectiveness and to assist it in successfully achieving its corporate objectives. Upon receipt of an executed copy of this agreement, SB&A is prepared to commence work.