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PROPOSAL AND AGREEMENT For Consulting Services Between The City of Moscow, Idaho and BDPA, Inc. SECTION ONE Client Identification Contract made this 19'h day of February, 2003 between the City of Moscow, a municipal corporation organized and existing under the laws of the State of Idaho, herein referred to as Client, and BDPA, Inc., of Boise, Idaho, herein referred to as Consultants. SECTION TWO Recitals I. Client is in the business of providing municipal services to citizens of Moscow, and in the conduct of such business desires to have the following services/tasks be performed or provided by consultant: Develop a Performance Management System 2. Consultants agree to perform these services for client under the terms and conditions set forth in this Agreement In consideration of the mutual promises set forth herein, it is agreed by and between client and consultant as follows: A. Project Committee(s) and Developmental Process The Consultants propose working with a project advisory committee comprised of 7-9 Client employees. Subject to the Client's decision, there may be one committee comprised of managerial and general employees, or two committees: one with general employees and the other with department heads and the Client Supervisor. Consultants and Client representatives will mutually agree on the most advantageous approach. The Committee(s) will follow a developmental model that establishes project goals; develops detailed expectations based on city values and individual job or classification responsibilities; designs a performance instrument(s) and instructions; develops the approach for training supervisors and employees; and prepares communication materials. All recommendations from the Committee(s) will be presented to Client management, who will provide comment on the work products developed by the primary committee. Consultants will facilitate the development of the performance management system, and will work with both the employee and management committees to promote communication and consensus. Typically, an organization identifies four primary components in a performance management system: I) a process of self-appraisal, 2) performance expectations of every employee regardless of hierarchical position, 3) specific job-related expectations, and 4) a goal-setting process based on performance or skill improvement. The Consultants have estimated that six to eight ( 6-8) meetings with the Committee(s) will be necessary for successful completion of the project. 1/ the Client decides to have two separate committees, both meetings will be held during the same trip. If the process requires more than eight meetings, the costs will be adjusted accordingly based on travel expenses and hourly rates. The Consultants typically focus the first two or three meetings with the Committee(s) to establish goals, detennine the components and general approach, and identify city-wide performance expectations based Pcrfonnance Management Contract Between the City of Moscow And BDPA, fnc. · February 2003 Page 1 200<-nq ---PAGE BREAK--- on the Client's values and mission statement that apply to every employee. The Consultants will provide sample definitions of factors deemed appropriate for the Client for refinement by the Committee( s) and work on reasonable performance indicators that do not require complex recording or statistical calculations. The following meetings deal with an approach to developing job-specific performance expectations, establishing an effective goal setting process, and determining training needs. B. Performance Management Training Tbe Consultants will conduct training for employees and supervisors on how to implement the process, from initial planning, goal setting, and continuous performance reviews, to the annual assessment, and renewal of the process. Two sessions will be conducted for supervisors, and six sessions will be presented to employees. C. Meetings with the Mayor and City Council The Consultants has estimated two meetings with the City Council, to keep them informed and involved throughout the process. This is presented as a separate optional cost item and depends on how the Client wishes to involve the Council. D. Project Outcomes • A system and forms that clearly identify perfonnance targets for all employees, at all levels of the organization; • A system that fosters mutual development of job-related goals (between the employee and supervisor) and establishes an on-going process of commnnication; • A process to reward employees for their outstanding contributions; the process may be used during the current or next fiscal year or in the future. E. Project Timeliue The project timeline is estimated at approximately six months, with an average of one meeting per month, given availability of staff and work schedules. The time commitment for this project on the part of Client staff is significant and critical; it will require managers and supervisors to meet with employees to develop baseline performance expectations, and that has proven to be time intensive. Training of managers and supervisors will occur as the last step in the project estimated to occur in the summer of 2003. F. Fixed Fee Schedule Consultants will perform all tasks outlined in the work plan for $ 19,3 7 1. The fee includes all related expenses and is based on an hourly rate of $65.00 per hour. Related expenses are estimated at 18% to include the costs of printing, overhead, postage, telephone and consumable supplies. Pcrl(mnance Management Contract Between the City of Moscow And BDPA, Inc.- February 2003 Page 2 ---PAGE BREAK--- TASK . . · 8 Committee mtgs. @ 2.0 hours each + 2 hrs. prep per meeting x 2 consultants Training for supervisors 2 sessions Óij 6 hrs. ea. x 2 consultants I Training for employees 6 sessions @ 2 hrs. ea. x 2 consultants Preparation for training: Supervisors' @ 12hrs. x 2 consultants Employees' @ 10 hrs. x 2 consultants Travel: I 8 trips @ $600 for 2 consultants ' Hotel + Per diem 1 8 days @ $ 1 1 0/trip Employee Handbook I 0 hours prep and cop1es TOTAL 100 . I HOURS . .PR()l'ESSIQNAL . · 64 I 24 24 24 20 15 166. . . SERVICES. $ 4,1 60 $ 1,560 $ 1,560 $ 1,560 $ 1,300 $ 4,800 $ 880 $ 975 ' . $J(i,795 RELATED TOTAL EXPENSES . $ 749 $4.909 ' $ 281 $ 1,841 $ 281 $ 1,841 $ 281 I $234 $ 3,375 $500 $ 6,180 $250 $ 1,225 . s 2,576 . $19,371 Meetings with City Council- Whenever possible, these meetings will be scheduled in conjunction with the general employee committee meetings. If special trips are required. additional mileage, per diem and hotel costs will apply. 2 meetings x 2 consultants x 2 honrs per meeting HOURS l'ROF'ESSIQNAL SERVtCES Performance Management Contract Between the City of Moscow And BDPA, Inc.\ February 2003 RELATED TOTAL EXPENSES $ 94 +travel $ 610 when additional trips are re uired Page 3 ---PAGE BREAK--- G. Payment Schedule The payment schedule shall be as follows: l. Twenty-five percent (25%) of the total contract amount, or $4,842.75, shall be paid to the consultants upon approval of the contract by the client or following the first meeting with Client representatives, whichever is sooner. 2. Twenty-five percent (25%) of the total contract amount, or $4,842.75, shall be paid to the consultants a tier the first 30 days of the contract 3. Twenty-five percent (25%) of the total contract amount, or $4,842.75, shall be paid to the consultants after the third meeting of the committees. 4. Twenty-five percent (25%) of the total contract amount, or $4,842. 75, shall be paid to the consultants upon completion of the training sessions for employees and supervisors. Payment for meetings with the City Council will be billed following each meeting. H. Travel Costs Travel expenses include a total of eight trips to the City of Moscow. When possible, day trips will be made to avoid lodging costs. If overnight travel is not required, a per diem rate of $30/day per consultant will be charged for meals, or if preferred, Consultants will submit actual receipts to the Client SECTION THREE Status of Consultant This contract calls for the Consultants to perform professional services as an independent contractor and Consultants will not be considered an employee of the client for any purpose. SECTION FOUR Insurance In performance of professional services, the Consultants will use that degree of care and skill ordinarily exercised under similar circumstances by members of the consulting profession; and no other warranty. either expressed or implied, is made in connection with rendering Consultant's services. Consultants shall maintain automobile insurance and statutory Worker's Compensation insurance coverage, employer's liability, and comprehensive general liability insurance coverage with minimum limits of $1,000,000. The City of Moscow shall be named as an additional insured on such policies. SECTION FIVE Limitation of Liability The Consultants are performing the specified work on behalf of the Client and only for such specified purposes. Under no circumstances will Consultants' liability to Client for any negligent act or omission relating to or arising out of the project exceed the Consultants' total fee for the services rendered. Further it is understood and agreed that consultant is not liable or responsible for the results of any surveys or other tasks and data collection undertaken as a part of and necessary to the completion of the project, such survey information and data being entirely outside of the control of the Consultants. Consultant is responsible for presenting and shall present all relevant information and data collected pursuant to the scope of work to be performed. Pcrfi.mnancc Management Contract Between the City of Moscow And BDPA, Inc.] February 2003 Pagc4 ---PAGE BREAK--- SECTION SIX Confidentiality/Proprietary Interests The Consultants and Client reco!;nize that the Consultants may, in the course of performing its services, acquire or have access to information and data that may be confidential or personal to the individual/entity disclosing such information or data. While the Consultants' tasks and the project being undertaken may require disclosure of such inforn1ation to Client in a general, statistical or other non specific manner, the Client understands and accepts Consultants limitation that in order to obtain the information and data necessary to perforn1 the assigned tasks and to complete the project in question, all of the inforn1ation specifically obtained by the Consultants in carrying out and completing the project is confidential and proprietary to consultant and is not subject to disclosure to Client as part of the project. SECTION SEVEN Cancellation The parties agree that the Client may cancel the project at any time upon thirty (30) days written notice to consultant, and subject to payment to Consultants for all services rendered by Consultants toward the completion of the project, up to the time of cancellation, based on the benchmarks or percentages of completion of the total project set forth in this proposal, plus a termination charge of 25% of the total remaining value of the contract. SECTION EIGHT Services After Termination Inasmuch as the Consultants will acquire or have access to information that is of a highly confidential and secret nature it is expected that Consultants will not use or disclose any proprietary or confidential information obtained from Client during the period of the project without client's written approval. SECTION NINE Legal Assistance The Consultants do not render legal advice or legal opinion in its services or products. Such advice may only be given by a licensed, practicing attorney. Therefore, the Consultants request that the client confer with their representing counsel on any issues requiring legal review. SECTION TEN Equal Opportunity Employer The Consultants certify that it is an equal opportunity employer and agrees to provide all services called for by this contract in accordance with all state and federal statutes governing civil rights and employment discrimination. Contractor shall further comply with the Americans with Disabilities Act of 1990 and such other relevant acts as may be required by Client. BDPA, Inc. Management Contract Between the City of Moscow And BDPA, Inc. - February 200J Page 5