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HomeMy WebLinkAbout462625 PEAK LEADERSHIP; 491588 ZENGER FOLKMAN - CONTRACT - RFP - 7219 LEADERSHIP DEVELOPMENT SERVICES (2)PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal- Corporation, hereinafter referred to as the "City" and Peak Leadership Consulting LLC, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of six (6) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of three (3) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to RFP 7219 Leadership Development, Assessment & Training Page 1 of 23 Advance Level: Lead 3.0 12-month program(January 2013 — December 2013 # of Attendees: 30 All Division/Department Director positions: PDT Director, CPRE Director, CPIO Director, HR Directors, Finance Directors, MIS Directors, Operation Services Director, Light & Power Operations Director, Water Engineering & Field Director, Water Resources & Treatment Director, Police Captains, City Traffic Engineer, Road & Bridge Director, Human Services Director, Facilities Director, Food Service Director, Transportation Director, Streets Superintendent, Workforce Center Director, etc. Program Preparation & Development Program Consultation to finalize program content and logistics. Knowledge Transfer: an initial meeting between all the coaches and senior leader(s) to discuss organizational goals, vision and desired critical skills for the future. Phase 1: Seff Discovery Provide 1:1 External coaching sessions — approximately 12-15 sessions. Provide StrengthsFinder online assessment and book for participants. Create Individual Development Plan with participants Phase 2: Individual & Team Learning Knowledge Transfer: Meet with key leader(s) during the mid -point of the program to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Skill development that requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities, however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Phase 3: Evaluation & Organizational Project Attend The Extraordinary Leader 3601 re -assessment results workshop if Peak Leadership and the learning coordinators agree that this activity is necessary. Provide post -graduation action plan developed with external coach — two, one -hour sessions. Knowledge Transfer: Meet with key leader(s) at the end of the program to share the coaches' insights about the coaching sessions and summarize key findings and next steps for participants. RFP 7219 Leadership Development, Assessment & Training Page 10 of 23 Intermediate Level: Lead 2.0 12-month program (May 2013 — May 2014 # of Attendees: 30 All Department Manager positions: Parks Department Manager, Recreation Area Managers, Transfort/DAR General Manager, Electric Field Service Manager, Water Utility Field Operations Superintendent, Police Lieutenants, Chief Building Official, Fairgrounds Manager, Open Space Manager, WorkForce Center Assistant Manager, Neighborhood Services Manager, Traffic Operations Crew Chief, Parking Services & Trans Budget Manager, Assistant Transfort General Manager, Regulatory and Gov't Affairs Manager, Cable TV Manager, etc. Program Preparation & Development Program Consultation to finalize program content and logistics. Knowledge Transfer: an initial meeting between all the coaches and senior leader(s) to discuss organizational goals, vision and desired critical skills for the future. Phase 1: Self Discovery Provide Assessment Plus 360 assessment tool Provide 1:1 external coaching sessions — approximately 12-15 sessions. Provide Stren thsFinder online assessment and book for participants. Create Individual Development Plan with participants Phase 2: Individual & Team Learning Knowledge Transfer: Meet with key leader(s) during the mid -point of the program to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Skill development that requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities, however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Phase 3: Evaluation & Organizational Project Provide post -graduation action plan developed with external coach — two, one -hour sessions. Knowledge Transfer: Meet with key leader(s) at the end of the program to share the coaches' insights about the coaching sessions and summarize key findings and next steps for participants. RFP 7219 Leadership Development, Assessment & Training Page 11 of 23 Emerging/Beginning Level: Lead 1.0 12 month program(January 2013 — December 2013 # of Attendees: 24 High potential employees, newly promoted and line level supervisors: Utility Health Safety & Security Manager, Parking Enforcement Supervisor, Park Crew Chief/Cemetery Supervisor, etc. Program Preparation & Development Program Consultation to finalize program content and logistics. Knowledge Transfer: an initial meeting between all the coaches and senior leader(s) to discuss organizational goals, vision and desired critical skills for the future. Phase 1: Self Discovery Provide 1:1 external coaching sessions — approximately 12-15 sessions. Provide Stren thsFinder online assessment and book for participants. Create Individual Development Plan with participants Phase 2: Individual & Team Learning Knowledge Transfer: Meet with key leader(s) during the mid -point of the program to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Skill development that requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities, however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Phase 3: Evaluation & Organizational Project Provide post -graduation action plan developed with external coach — two, one -hour sessions. Knowledge Transfer: Meet with key leader(s) at the end of the program to share the coaches' insights about the coaching sessions and summarize key findings and next steps for participants. PROGRAM COMPONENTS As stated above, the "Building Leadership Talent" strategy is targeting specific leadership program components designed to meet the development needs of potential, current and future leaders. The following program components include but are not limited too: ■ Measurement model to evaluate Return on Investment (ROI) or outcomes which may include a pre and post self assessment. ■ Leadership competency 360-degree assessment and interpretation ■ Personality Preference Indicator and interpretation ■ Career assessment tool ■ Individual external coaching for all leadership levels — emerging to executive ■ Career Development/succession planning ■ Classroom training/online training RFP 7219 Leadership Development, Assessment & Training Page 12 of 23 • Seminars ■ On -the -Job training • Activities i.e., reading material, books, blogs, homework, shadow experiences • Project or stretch assignments RFP 7219 Leadership Development, Assessment & Training Page 13 of 23 EXHIBIT "B " WORK SCHEDULE Work Schedule for Lead 1.0 Program: June 2011: Ask for coach requests from participants. Decide which Lead1.0 participants want to take the Strengthsfinder assessment. July 2011: All participants will be assigned a coach Contract signed. Hold the initial meeting for the Knowledge Transfer as possible with Darin's calendar. Launch coaching — two sessions. Assigned coach meets with participant to define clear goals, objectives, metrics, and expected results of the coaching engagement. Participants send LPI results to coach. Review LPI results with coach to form coaching objectives. Have coaching goals, objectives and measures, including ROI measures defined in a coaching plan by the beginning of the second month of coaching. Interested participants will take Strengthsfinder. August 2011: Two coaching sessions. Review Strengthsfinder if participant took it. Each participant will work with their assigned coach to create a formal development plan which includes their goals from the LPI assessment, improved leadership and results to their operation, their goals and objectives for coaching and which includes top few goals from their classes and Lead 1.0 notebook. This plan will be completed in their second month.of coaching and updated regularly as needed. September 2011: Two coaching sessions. Ongoing review of coaching objectives to make sure each participant is on track to complete them. Prepare and deliver the mid-term report for the Knowledge Transfer. October 2011: One coaching session. November 2011: One coaching session. December 2011: No coaching this month January 2012: One coaching session, February 2012: One coaching session. Coaches and participants will review all objectives, results, and measures to insure they are completed. Each participant and coach summarizes the results and ROI of the coaching engagement. March 2012: LPI post -assessment to be administered as part of the Lead 1.0 Program with participants sharing their results with their assigned coach. April (& possibly May) 2012: Create post -graduation action plan and hold two additional coaching sessions. Prepare & deliver the final report of the Knowledge Transfer. RFP 7219 Leadership Development, Assessment & Training Page 14 of 23 Preliminary Work Schedule for Lead 4.0 Program: August 2011: Finalize all participants in Lead 4.0. Distribute coaching bios by the end of the month. Sept 2011: All 4.0 participants will be assigned a coach by the end of the month. We'll also identify which Lead4.0 participants want to take the Strengthsfinder assessment. October 2011: Zenger-Folkman (Z-F) training Oct 11 and 12, 2011. Hold the initial meeting for the Knowledge Transfer. Launch coaching — two sessions. Assigned coach meets with participant to define clear goals, objectives, metrics, and expected results of the coaching engagement. Participants send ZF results to coach. Review ZF results with coach to form coaching objectives. Have coaching goals, objectives and measures, including ROI measures defined in a coaching plan by the beginning of the second month of coaching. Interested participants will take Strengthsfinder. November 2011: Two coaching sessions. Review Strengthsfinder if participant took it. Each participant will work with their assigned coach to create a formal development plan which includes their goals from the Z-F assessment, improved leadership and results to their operation, their goals and objectives for coaching and which includes top few goals from their classes and Lead 4.0 notebook. This plan will be completed in their second month of coaching and updated regularly as needed. December 2011: One coaching session. Ongoing review of coaching objectives to make sure each participant is on track to complete them. January 2012: Two coaching sessions. Prepare and deliver the mid-term report for the Knowledge Transfer. February 2012: Two coaching sessions March 2012: Two coaching session. April 2012: One coaching session, May 2012: One coaching session. June 2012: One coaching session. July 20.12: One coaching session. Coaches and participants will review all objectives, results, and measures to insure they are completed. Each participant and coach summarizes the results and ROI of the coaching engagement. August 2012: Z-F post -assessment to be administered as part of the Lead 4.0 program with participants sharing their results with their assigned coach. September 2012: Create post -graduation action plan and hold two additional coaching sessions. Prepare and deliver the final report of the knowledge transfer. RFP 7219 Leadership Development, Assessment & Training Page 15 of 23 Preliminary Work Schedule for Lead 2.0 and Lead 3.0 Programs: The preliminary schedule for both Lead 3.0 and Lead 2.0 Programs would be similar to above preliminary schedule for Lead 4.0 Program. Both Programs are dependent upon being funded for 2013-2014. RFP 7219 Leadership Development, Assessment & Training Page 16 of 23 EXHIBIT "C" COMPENSATION SCHEDULE Cost of Key Components: Emerging/Beginning Level Program — Lead 1.0: Eight City participants Finalizing the Program: Meet with the learning development professionals from the City, Larimer County and Poudre School District to consult on program components and finalize the components of the program. Consultation should not exceed 10 hours. Estimated program consultation cost: $240.00 Knowledge Transfer: Consists of three components: (1) an initial meeting between all the coaches and City senior leaders to discuss organizational goals, vision, & desired key skills for the future; (2) a meeting with key city leaders to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Peak Leadership will also alert the city managers to something critical that needs to be addressed as quickly as possible and (3) a meeting with key city managers after the program ends showing the knowledge gained and coaches' insights gathered during the program. Charge for Knowledge Transfer Process: $1,440 Strengthsfinder Tool: An online assessment tool designed to identify strengths for career counseling and coaching purposes. 5 employees at $20 per person $100 One-on-one Coaching: delivered in 10 one -hour sessions, including creating development plan with coach's help. 8 employees at $1,600 per employee $12, 800 Post Graduation Action Plan: Two additional one -hour coaching sessions to develop action plan. 8 employees at $320 per employee Total Program Costs for Lead 1.0: $2,560 $17,140.00 RFP 7219 Leadership Development, Assessment & Training Page 17 of 23 Executive Level Program — Lead 4.0: (A minimum of 18 and a maximum of 24 participants.) Finalizing the Program: Meet with the learning development professionals from the City, Larimer County and Poudre School District to consult on program components and finalize the components of the program. Consultation should not exceed 10 hours. Estimated program consultation cost: $1,600 Knowledge Transfer: Consists of three components: (1) an initial meeting between all the coaches and City senior leaders to discuss organizational goals, vision, and desired key skills for the future; (2) a meeting with key city leaders to share the coaches' insights on the learning that has occurred to date and areas where management may help remove barriers or provide more support. We will also alert the City leaders to something critical that needs to be addressed as quickly as possible and (3) a meeting with key City managers after the program ends showing the knowledge gained and coaches' insights gathered during the program. Knowledge Transfer Process cost: $1,440 Strengthsfinder Tool: An online assessment tool designed to identify strengths for career counseling and coaching purposes. A minimum of 18 and a maximum of 24 participants at $20 per person. $360 - $480 Team development workshop: For City leaders $1,000 Skill development: That requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities; however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Skill development, class or workshop for City leaders, not to exceed $6,000 One-on-one Coaching: delivered in 15 one -hour sessions, including creating development plan with coach's help. A minimum of 18 and a maximum of 24 participants at $2,400 per employee $43,200 - $57,600 Post Graduation Action Plan: Two, one -hour coaching sessions to develop action plan. A minimum of 18 participants and a maximum of 24 participants at $320 per person $5,760 - $7,680 Total Program Costs for Lead 4.0, not to exceed: $75,800 RFP 7219 Leadership Development, Assessment & Training Page 18 of 23 NOTE: If the Leadership Development Program is funded and expanded to include Lead 2.0 and Lead 3.0 for budget years 2013 and 2014, the following compensation schedule would be implemented. Funding decisions will be finalized December 2012. Intermediate Level Program — Lead 2.0 Finalizing the Program: Meet with the learning development professionals from the City, Larimer County and Poudre School District to consult on program components and finalize the components of the program. Consultation should not exceed 10 hours. Estimated program consultation cost: $960.00 Knowledge Transfer: Consists of three components: (1) an initial meeting between all the coaches and City senior leaders to discuss organizational goals, vision, & desired key skills for the future; (2) a meeting with key city leaders to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Peak Leadership will also alert the city managers to something critical that needs to be addressed as quickly as possible and (3) a meeting with key city managers after the program ends showing the knowledge gained and coaches' insights gathered during the program. Estimated Charge for Knowledge Transfer Process: $1,440.00 Strengthsfinder Tool: An online assessment tool designed to identify strengths for career counseling and coaching purposes. 30 employees at $20 per person $600.00 Assessment Plus 360 Assessment Tool: an online assessment tool designed to identify leadership competency strengths and weaknesses. 30 employees at $265 per person $7,950.00 One-on-one Coaching: delivered in 14 one -hour sessions, including creating development plan with coach's help. 30 employees at $2,240.00 per employee $67,200.00 Skill Development: That requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities, however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Skill development, class or workshop for City leaders, not to exceed $30,000.00 Post Graduation Action Plan: Two additional one -hour coaching sessions to develop action plan. 30 employees at $320 per employee $9,600.00 Total Program Costs for Lead 2.0, not to exceed: $117,750.00 RFP 7219 Leadership Development, Assessment & Training Page 19 of 23 the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Peak Leadership Consulting City of Fort Collins City of Fort Collins , Attn: Gretchen Tobin Attn:Purchasing Attn: Doreen Kemp 4548 Seaway Circle PO Box 580 PO Box 580 Fort Collins, CO 80525 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amounts of $500,000 combined single limits. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional in accordance with the Compensation Schedule attached hereto as Exhibit "C", consisting of Five (5) pages, and incorporated herein by this reference. All such fees and costs for calendar year 2011 shall not exceed Seventeen- RFP 7219 Leadership Development, Assessment & Training Page 2 of 23 Advance Level Proaram — Lead Finalizing the Program: Meet with the learning development professionals from the City, Larimer County and Poudre School district to consult on program components and finalize the components of the program. Consultation should not exceed 10 hours. Estimated program consultation cost: $960.00 Knowledge Transfer: Consists of three components: (1) an initial meeting between all the coaches and City senior leaders to discuss organizational goals, vision, & desired key skills for the future; (2) a meeting with key city leaders to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Peak Leadership will also alert the city managers to something critical that needs to be addressed as quickly as possible and (3) a meeting with key city managers after the program ends showing the knowledge gained and coaches' insights gathered during the program. Estimated Charge for Knowledge Transfer Process: $1,440.00 Strengthsfinder Tool: An online assessment tool designed to identify strengths for career counseling and coaching purposes. 30 employees at $20 per person One-on-one Coaching: delivered in 15 one -hour sessions, including creating development plan with coach's help. 30 employees at $2,400.00 per employee $72,000.00 Skill development that requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities, however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Skill development, class or workshop for City leaders, not to exceed $35,000.00 Post Graduation Action Plan: Two additional one -hour coaching sessions to develop action plan. 30 employees at $320 per employee Total Program Costs for Lead 3.0, not to exceed: $9,600.00 $119,600.00 RFP 7219 Leadership Development, Assessment & Training Page 20 of 23 Emerging/Beginning Level Program — Lead 1.0: (Jan. 2013 — Dec. 2013) Finalizing the Program: Meet with the learning development professionals from the City, Larimer County and Poudre School district to consult on program components and finalize the components of the program. Consultation should not exceed 10 hours. Estimated program consultation cost: $960.00 Knowledge Transfer: Consists of three components: (1) an initial meeting between all the coaches and City senior leaders to discuss organizational goals, vision, & desired key skills for the future; (2) a meeting with key city leaders to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Peak Leadership will also alert the city managers to something critical that needs to be addressed as quickly as possible and (3) a meeting with key city managers after the program ends showing the knowledge gained and coaches' insights gathered during the program. Charge for Knowledge Transfer Process: $1,440.00 Strengthsfinder Tool: An online assessment tool designed to identify strengths for career counseling and coaching purposes. 24 employees at $20 per person $480.00 One-on-one Coaching: delivered in 14 one -hour sessions, including creating development plan with coach's help. 24 employees at $2,240.00 per employee $53, 760.00 Skill development: That requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities; however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Skill development, class or workshop for City leaders, not to exceed $20,000.00 Post Graduation Action Plan: Two additional one -hour coaching sessions to develop action plan. 24 employees at $320 per employee Total Program Costs for Lead 1.0, not to exceed: $7,680.00 84 320.00 RFP 7219 Leadership Development, Assessment & Training Page 21 of 23 EXHIBIT "D" CONFIDENTIALITY IN.CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 7219 Leadership Development, Assessment & Training Page 22 of 23 EXHIBIT "E" LIABILITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement'), City hereby acknowledges that it has been informed by the Professional of the following: The City, Larimer County and Poudre School District understand that business coaching will not be used in lieu of professional advice. Its clients will seek professional guidance for legal, medical, financial or psychological matters. The participants from these government entities are solely responsible for their decisions and results of those decisions. The City will not hold Professional liable for any actions, results, or other adverse situations that result as a direct or indirect result of a specific referral given by the Coach. RFP 7219 Leadership Development, Assessment & Training Page 23 of 23 Thousand -Seven -Hundred ($17,700) Dollars for Lead 1.0 and Sixty -Nine -Thousand ($69,000) Dollars for Lead 4.0. Additional, fees and costs for calendar years 2012, 2013 and 2014, are subject to both Agreement period extensions and appropriation by the City Council. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. City's payment terms are net 30. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative (the Learning & Organizational Development Manager). 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any RFP 7219 Leadership Development, Assessment & Training Page 3 of 23 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this RFP 7219 Leadership Development, Assessment & Training Page 4 of 23 Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. RFP 7219 Leadership Development, Assessment & Training Page 5 of 23 e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for.such breach. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" —Confidentiality Policies and Procedures, consisting of one (1) page, attached hereto and incorporated herein by this reference; and Exhibit "E" —Professional Liability, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7219 Leadership Development, Assessment & Training Page 6 of 23 THE CITY OF FORT COLLINS, COLORADO By: � IC�t^-�., James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 7 l of FG> T� DATE: CF J I /I City Clerk //JyJ 1111f1f1/\\�f\ 11 ll . `-^ I"�AP'\• ��• e•/-1 City Attorney Peak Leadership Consulting LLC By: P�2L�� e /C��,� Print Nae: (dbjv� Title: pr�,<;deV, Date: ATTEST: (Corporate Seal) Corporate Secretary RFP 7219 Leadership Development, Assessment & Training Page 7 of 23 EXHIBIT "A" SCOPE OF SERVICES BACKGROUND INFORMATION The City of Fort Collins is a community of approximately 145,000 highly educated and engaged residents located approximately 60 miles north of Denver along Interstate 25. The City utilizes a Council -Manager form of government and is governed by an elected seven member Council, including an elected mayor. The Professional shall assist the Learning & Organizational Development Manager, with creating a "Building Leadership Talent" strategy targeted at specific leadership program components designed to meet the development needs of current and future leaders representing, not only the City of Fort Collins, but also Larimer County and Poudre School District. The three governmental agencies are collaborating and sharing resources in the effort of creating a leadership program for their respective workforces. LEADERSHIP DEVELOPMENT PILOT PROGRAM Professional shall assist the Learning & Organizational Development Manager in developing and conducting a pilot program the Executive and Emerging/Beginning Levels for the three governmental agencies. The Professional will be provided any related materials pertinent to each leadership level being analyzed in the pilot program. This work would involve at least the following minimum steps: 1. Meet with the three Learning professionals from the City of Fort Collins, Larimer County and Poudre School District to identify the program components for each level of the program, the list of participants, and the final plan to be used in the pilot. 2. Produce a measurement model to evaluate Return on Investment (ROI) or outcomes of the pilot program. The tasks outlined above are intended to be minimum requirements. It is the intention of the City to expand the leadership development program throughout the organization depending upon program outcomes and future funding. Therefore, any tools, strategies or programs provided to, or used in for the pilot program must be available for use by the City in any such expansion of the program. Professional must provide an estimate of any external costs of licensing or use of proprietary tools utilized in the pilot program which would be incurred by the City in such an expansion. At the option of the City, this contract may be used for like or similar work. LEARNING & ORGANIZATIONAL DEVELOPMENT The City's Learning & Organizational Development Manager is taking a lead role in coordinating the "Building Leadership Talent" strategy for the three government agencies. Similar to the needs of Larimer County and Poudre School District, the City is interested in developing and sustaining a skilled and competent workforce by concentrating on the "life cycle" of employees and focusing on the elements that contribute to this goal. A component of the Developmental Succession Planning process is a "Building Leadership Talent" strategy. This strategy delineates the Leadership Development Program by specifically describing the process by which potential candidates are accepted and RFP 7219 Leadership Development, Assessment & Training Page 8 of 23 assessed, denoting their potential for current or future leadership roles and positions of authority in the organization; consequently, transferring them to development activities to enhance and develop their leadership capabilities and capacities. PROGRAM LEVELS The Leadership Development Program includes four (4) levels to categorize, in broad terms, the experiences, behaviors and awareness of the employees selected. For 2011 — 2012, two (2) levels have been identified as a pilot for the three participating government organizations, and they are: Level One — Emerging/Beginning Leaders and Level Four — Executive Leaders. If the pilots are successful; the program components may be scalable to include Levels Two and Three. The categorical levels are defined as: Executive Level Lead 4.0 14 month program October 2011 - December 2012 # of Attendees: 20 - 24 Executive positions (Includes the City, Larimer County and Poudre School District): City Manager, County Manager, Superintendent of Schools, Deputy City Manager, Assistant City Manager, Assistant County Manager, Chief Finance Officer, Utilities Executive Director, Chief of Police, Sheriff, Assessor, Deputy Assessor, Treasure, Deputy Treasure, Clerk & Recorder, Municipal Judge, District Attorney, etc Program Preparation & Development Program Consultation to finalize program content and logistics. Knowledge Transfer: an initial meeting between all the coaches and senior leader(s) to discuss organizational goals, vision and desired critical skills for the future. Phase 1: Self Discovery External coaches will attend The Extraordinary Leader 3600 Facilitator Certification workshop External coaches will become certified CTEL in The Extraordinary Leader assessment tool. Provide 1:1 external coaching sessions — approximately 12-15 sessions. Provide Stren thsFinder online assessment and book for participants. Create Individual Development Plan with participants Phase 2: Individual & Team Learnin Knowledge Transfer: Meet with key leader(s) during the mid -point of the program to share the coaches' insights on the learning to date and areas where management may help remove barriers or provide more support. Skill development that requires a class or workshop will be determined by the Lead 4.0 participants and the three learning coordinators. Peak Leadership may be asked to provide skill development opportunities, however, the final decision about the skill development class or workshop and who will provide the skill development class or workshop will be made by the three learning coordinators. Phase 3: Evaluation & Organizational Project Attend The Extraordinary Leader 3601 re -assessment results workshop if Peak Leadership and the learning coodinators agree that this activity is necessary. Provide post -graduation action plan developed with external coach —two, one -hour sessions. Knowledge Transfer: Meet with key leader(s) at the end of the program to share the coaches' insights about the coaching sessions and summarize key findings and next steps for RFP 7219 Leadership Development, Assessment & Training Page 9 of 23