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HomeMy WebLinkAbout513082 SHAWN EVANS - CONTRACT - AGREEMENT MISC - SHAWN EVANSPROFESSIONAL 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 Shawn Evans, 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 three (3) 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 one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than August 1, 2013. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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 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 Services Agreement Page 1 of 13 ueveiop implementation plan i 1 j.Designs plan. • Build i t j i Creates tools, employee/mgntt. ( F i.materials communication and I ( Train -the- ( ; change management trainer ,( Plan I i • Develop key I ( 1 Facilitates i i'Facilitates messages ( ( i ELT { i training - • Create ( ( i training j i Traiwthe-. communication tools j ltrainer • Design and Deliver. q I ! I training (supvs and I employees) l f$ 1 -0 i I Total Hours Through 1/31/13 120 Potential Hours after 1/31/13 25-35 (train the trainer program, to be completed by 03/31/13) t (assess and follow-up) Professional Services Agreement Page 10 of 13 EXHIBIT B WORK SCHEDULE Fort Collins / Leadership System and Direction c >, J 4S' `_oo�� ;\Ne O Design & Align Research and Presentto Complete Compensation /'. prepare ELT compentency competency recommendation model and Philosophy align policies Align PE, PI, & Determine current state and Refine Structure Assess create both short-term and processes to and assess and adjust Strategy long-term(integrated)plans alowfo alignment Abgniiient j:ontinuous rounding and check -ins with key stakeholders/ Report back to ELT monthl, Design and Deploy. Comprehensive, intentional, and integrated communication systems designed to Communication promote and sustain new processes. System. Train The Trainer / Facilitation Determine facilitators & and structure Completetraining and development Professional Services Agreement Page 11 of 13 EXHIBIT C COMPENSATION Leadership Competency Development — 360 Performance Evaluation Consultant Contract Scope of Services Consultant: Shawn Evans 2002 Caribou Drive, Suite 100 Fort Collins, CO 80525 Purpose: Provide professional services to develop and implement a City-wide competency program to be utilized for 360 assessments and leadership development. Maximum Fee: (150 hrs. at $220/hr.) $30,000 Anticipated completion date: August 2013 Professional Services Agreement Page 12 of 13 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor 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 Contractor has agreed to perform, the Contractor 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 Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor 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 Contractor 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor 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 Contractor understands and agrees that the City's remedies at law for a breach of the Contractor'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. Professional Services Agreement Page 13 of 13 Professional: City: With Copy to: Shawn Evans City of Fort Collins City of Fort Collins 2002 Caribou Drive, Suite 100 Attn: Janet Miller Attn: Purchasing Dept. Fort Collins, CO 80525 PO Box 580 PO Box 580 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 amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Thirty Thousand Dollars ($30,000) in accordance with Exhibit C consisting of one (1) page attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified Professional Services Agreement Page 2 of 13 progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. 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. 7. 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. 8. 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. 9. 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 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. Professional Services Agreement Page 3 of 13 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 Agreement. Professional Services Agreement Page 4 of 13 17. 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 Professional Services Agreement Page 5 of 13 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. 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. f. 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement Page 6 of 13 THE CITY OF FORT COLLINS, CCOLOR�ADDO By: mes B. O'Neill II, CPPO, FNIGP Di r of Pur hassing & Risk Management DATE: r ` ! L SHAWN EVANS By: -.�Jv `^'VV\ Title :"-4Qs,,t *g l— CORPORATE PRESIDENT OR VICE PRESIDENT Date: i 1a ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement Page 7 of 13 EXHIBIT A SCOPE OF WORK Leadership Competencies Development Project Plan and Consulting Scope LOW 5haw55, Involuem.ent HIGH Create Leadership Development Hours Completion Comnetencies Date Develop Leadership ! i Project j Competencies j manager ! 30 i 12/31/12 • Align with systems, I Takes lead strategic plans, perf. ! j Researches: excellence, process improvement i • Define behaviors ! City does !. associated with h levels of performance iresearch; i i • Involve stakeholders ! Facilitates I i 20 ! 12/31/12 (ELT, Mgrs./Supvs., ELT - Keylnfluencers) i i meetings �. j City Design evaluation .. � develops draftand !final Professional Services Agreement Page 8 of 13 Define 360 Process I I i i i Hours I Completion Date Determine connection I P'rolect between currentsupv. manager 1,20 101/31/12 perf.;Core Takeslead competencies and new I Researches. leadership �. competencies • Evaluate existing Consults performance on options evaluation 'recommen competencies .dation • Recommend changes ; to align, clarify, simplify • Define behaviors associated with 4 C,20 11/30112 levels of performance �rr I • Involve stakeholders .Facilitates I i (GL'I', Mgis./Stipvs., .ELT , Key Influencers) n mcet.is. B Takes lead Define purpose I • Leadership Researches x development.vs. Citylegal' performance mgmt st • Review legal ,conducts. �I, implications ofperf •analysis I ! ,� based pay.and360 'Consults, ? ovals. coaches a° • Involve stakeholders Ea= (ELT, Mgrs/Supvs.) i Determine direction Design evaluation I Define process • Involve stakeholders Facilitates (ELT, Mgrs es., ELT meetinig s j 30 101/31/13 Key Influencers) ) j 125 1- Quarter,2013 Professional Services Agreement Page 9 of 13