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Attachment 1
CLASSROOM TRAINING AGREEMENT
DATE: _____________________________
PARTIES: "CLIENT"
THE CITY OF BURBANK, a municipal corporation
Designated Official: Name: Judie Wilke
Title: Assistant City Manager
Telephone: 818-238-5800
Mailing Address: 275 E. Olive Avenue
Burbank CA 91502
“INSTRUCTOR”
NATIONAL LEAGUE OF CITIES
Representative: Name: Melissa Jones
Title: Manager – City and State League Contracts
Telephone:
Mailing Address: _____________________________________
_____________________________________
[NOTE – If seeking waivers of insurance or modification of coverage, please consult with Risk Management before going out to bid or issuing a Request for Proposal (RFP)]
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1.0 Services. The Instructor, as an independent contractor, agrees to plan and facilitate a virtual training series to support city leadership. The training will offer foundational principles to support Burbank as they explore interactions in the government and, how leaders can best support their staff in racial equity work during 2022, 2023 and 2024 (breakdown in Exhibit B). This Agreement shall expire no later than January 31, 2024, unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended in writing by the parties. The initiation of service by the Instructor will commence upon receipt of a written notice from the Designated Official authorizing Instructor to proceed, and only to the extent of such authorization.
2.0 Compensation. Client shall pay for services of Instructor th e total fixed price of $128,425, not to exceed a total of $130,000. No payment for expenses or labor shall be paid by Client unless it is related to services noted in Section 1 of this Agreement. Any additional increase in the cost of service must have the prior written approval and authorization of the Designated Official.
3.0 Payment. Client's payment to Instructor shall be made within thirty (30) days of the date of Instructor's invoice.
4.0 Independent Contractor. Instructor is retained and employed by Client only to the extent set forth in this Agreement, and the Instructor's relationship to the Client is that of an independent contractor. Instructor shall be free to dispose of all portions of Instructor's time and activities which Instructor is not obligated to devote to the Client in such a manner and to such persons, firms, or corporations as the Instructor sees fit except as expressly provided in this Agreement. Instructor shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for Client's officers or employees.
5.0 Indemnification. Instructor shall take all reasonable precautions to p revent the occurrence of any injury, including death, to any person or any damage to any property arising out of the acts or omissions of the Instructor, its agents, employees, or subcontractors.
Instructor shall defend, indemnify and hold harmless the Cl ient and its officers, agents, and employees, against all claims for damages, liability, cost and expense (including without limitation attorney’s fees) arising out of or as the result of any work by Instructor or the employees, agents, or subcontractors of the Instructor, in the performance of this Agreement. Instructor’s obligations shall survive the termination and/or expiration of this Agreement.
6.0 Termination of Agreement. Either party may terminate this Agreement at any time during the term of the Agreement by giving the other party thirty (30) days notice in writing. This Agreement may be extended beyond the term only by the written agreement of both parties prior to the expiration of the term of the Agreement.
7.0 Insurance. Instructor shall maintain the following insurance coverage throughout the term of this Agreement, and upon request Instructor shall show Client evidence of such coverage:
7.1 Automobile Insurance. If Instructor uses, or intends to use, a personal
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automobile in the performance of this Agreement, automobile liability insurance with limits of not less than $100,000.00 per person and $300,000.00 per accident for bodily injury and not less than $25,000.00 per accident for property damage. Please attach proof of insurance as required by the Vehicle Code.
Waiver Approved: ________________________________________ City Attorney or designee
________________________________________
Management Services Director or designee
7.2 Workers' Compensation Insurance. Workers' Compensation Insurance and Employer's Liability Insurance on any employees of Instructor performing services under this Agreement. This insurance cannot be waived, but does not apply if Instructor is a sole proprietor and provides a written statement to that effect.
7.3 General Liability and Property Damage Insurance. Unless expressly waived and such waiver is evidenced by the signature of the requisite officers of the client designated in this paragraph, Instructor shall maintain general liability insurance and property damage insurance in the amount of $1,000,000.00 combined single limit.
Waiver Approved: ________________________________________ City Attorney or designee
________________________________________
Management Services Director or designee
8.0 Miscellaneous Insurance Requirements.
8.1 Recovery from Instructor's Insurance. Instructor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, the Instructor shall look solely to its insurance for recovery.
8.2 Failure to Secure. If Instructor at any time during the term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, the Client shall be permitted to obtain such insurance in the Instructor's name or as an agent of the Instructor and shall be compensated by the Instructor for the cost of the insur ance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid.
Such costs can be assessed by deducting such costs from any amounts due and payable to the Instructor as compensation under the terms of this Agreement.
9.0 Assignment. This Agreement is personal to the Instructor. Any attempt at assignment by the Instructor shall be void unless approved in writing by the Designated Official.
Instructor's services pursuant to this Agreement shall be provided by the Representative or directly under the supervision of the Representative, and Instructor shall not assign another to supervise the
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Instructor's performance of this Agreement without the prior written approval of the Client, by and through the Designated Official.
10.0 Miscellaneous Terms.
10.1 Permits and Licenses. Instructor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
10.2 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Los Angeles County.
10.3 Integrated Contract. This Agreement represents the entire Agreement between the Client and the Instructor. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. In the event an inconsistency arises between any exhibit and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
10.4 Execution Counterparts. This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party, and transmitted electronically as described in this Section to the other Party.
10.5. COVID-19 Vaccination. Instructor shall comply with the “City of Burbank Executive Order Mandating COVID -19 Vaccination for Contractors” (“Order”), attached and incorporated herein as Exhibit A, while the Order remains in effect. Instructor shall complete the Attestation of Contractor Compliance as required by the Order, and return such attestation to the Client prior to performing any service under this Agreement.
In recognition of the obligations stated in this Agreement, the parties have executed this Agreement on the date indicated above.
[Signatures on following page]
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"INSTRUCTOR"
________________________________
Signature
________________________________
Name (please print)
________________________________
Title
ATTEST:
Office of the City Clerk
By: _____________________________
Signature
________________________________
Name (please print)
________________________________
Title
"CLIENT"
_________________________________
Signature
_________________________________
Name (please print)
_________________________________
Title
Approved as to Form
Office of the City Attorney
By: _____________________________
Signature
_________________________________
Name (please print)
_________________________________
Title
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EXHIBIT A
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Background
The National League of Cities is an organization comprised of city, town and village leaders that are focused on improving the quality of life for their current and future constituents.
With over 90 years of dedication to the strength, health and advancement of local governments, NLC has gained the trust and support of more than 2,000 cities across the nation.
Together, our mission is to strengthen local leadership, influence federal policy and drive innovative solutions.
The mission of REAL is to strengthen local leaders' knowledge and capacity to eliminate racial disparities, heal racial divisions and build more equitable communities. Our goal is to create equitable cities where everyone thrives including people of color. REAL supports the vision of a nation in which every local official is equipped to effectively lead and serve an inclusive, thriving and healthy community.
Our approach is to normalize conversations about race, organize inside and outside of government, operationalize racial equity by using data and community engagement to inform our strategies, and visualizing what a racially equitable community would look and feel like.
The way we do that is through workshops, webinars, coaching and technical assistance. We believe in interactive applied learning experiences that support people in taking practical next steps to advance racial equity. Our focus is on building the internal skill and capacity of local government leaders to implement changes to policy, practice and procedures that lead to more equitable outcomes for all.
Exhibit B
We describe here the key contributions REAL will make to support the racial equity work in Burbank, CA:
Context Setting
NLC-REAL will meet with key stakeholders within city government to understand the current context of the city’s racial equity work. This will support NLC-REAL in providing workshops and technical assistance that speak to the current context, culture, and needs of each town.
Capacity Building & Technical Assistance
Advancing racial equity in government, like other organizational change efforts, requires skill, commitment, and leadership. REAL will work with leadership to gauge commitment and readiness and offer recommendations for how to prepare jurisdictions to engage in advancing racial equity. REAL will work in partnership with the point of contact to offer technical assistance and coaching between workshops that strengthen the learning within each session. This is best done with the racial equity work group or equity core team but is expected for most participants. REAL will meet with the point of contact to prepare for and debrief each session and to strategize ways for the city’s racial equity leadership to remove barriers and create opportunities for practical use of the lessons learned. REAL will also support the city in its development of an Equity Core Team made up of city staff from all departments and multiple levels of leadership. The equity core team will engage in the normalizing, organizing, operationalizing sessions as well as the assignments in between.
Some members of the core equity team will engage in the train the trainer sessions alongside other critical skill building roles such as HR specialists and those who provide organizational training and development
Community Engagement
At the heart of all racial equity work is the engagement of residents, especially those most impacted by racial inequities. As a national organization, REAL understands the importance of supporting local government leaders in building relationships with community-based organizations and other partners to create a sustained racial equity movement. Federal and local governments have intentionally and unintentionally created and maintained racial inequities. It is critical that local government leaders take the time to collectively reflect on the ways the government has advanced racial equity and maintained racial inequities. Local government leaders must be willing to acknowledge, apologize, atone, and act to address and repair any harm caused by previous or current policies practices, and procedures. Part of this process requires intentional relationship building with those in the community most impacted by racial inequities based on data. National League of Cities stands ready to support the City in reviewing its current community engagement activities, providing strategic direction on
things such as the development of a community engagement guide, and offering coaching around community engagement skills, principles, and processes. Community engagement is critical to all racial equity work, and it will be an integral part of the racial equity tool application and racial equity action plan development.
Racial Equity Training
The overall Leading for Racial Equity workshop is designed around three key objectives:
1. Develop a shared understanding of racial equity terminology and concepts as well as support local government leaders in sharing the vision for a racially equitable community where all thrive.
2. Comprehend the context of key historical events as they relate to institutional and systemic racism in the United States in order to improve relations between government and community stakeholders
3. Understand and appropriately assess the government’s role in promoting racially equitable or inequitable policies, practices, and procedures and leadership behaviors that can help to advance racial equity.
The overall Normalizing Racial Equity workshop is designed around three key objectives:
1. Develop a shared understanding of racial equity terminology and concepts
2. Comprehend the context of key historical events and current implications, as they relate to institutional and systemic racism in the United States
3. Understand the role of government in advancing racial equity Leading for Racial Equity in Local Government
This workshop will provide local leaders an introductory overview of institutional and structural racism in the United States. This session is specifically designed for leaders who are shepherding racial equity work in their municipalities. It will equip participants with a shared language for racial equity, an understanding of racial equity leadership behaviors, and position leaders to visualize a racially equitable Burbank.
Normalizing Racial Equity in Local Government
This series provides an introductory overview for city leaders on the history of institutional and structural racism in America. This training will equip leaders with a shared language for racial equity, examine existing racial disparities and their implications for advancing racial equity.
Communicating Effectively about Race for Local Elected Leaders This workshop provides participants insight into the role of communication in advancing racial equity. Participants will practice using tools that support them, as local government leaders, in unifying their cities, speaking to racial violence and tragedy, and casting a vision of a better future. We will explore methodologies for countering prevailing narratives that perpetuate stereotypes and misinformation.
Organizing Racial Equity in Local Government
This series is designed for city leaders and the racial equity core team to review the topical issues identified from the previous sessions as well as current issues. City leaders and the racial equity core team will learn and apply the racial equity tool to these priorities and determine an approach for advancing racial equity in their city which will include the development of a racial equity action plan. The racial equity tool includes an intentional focus on disaggregated data to understand those most impacted by racial inequities, community engagement with those most impacted by racial disparities, and development of strategy in partnership with and informed by those most impacted by racial inequities. Great emphasis is placed on supporting staff in strengthening their relationships with community members and sharpening their community engagement skills.
Operationalizing Racial Equity in Local Government
This series explores the implications and impacts of institutional and structural racism.
Equity core team members will spend a significant amount of time completing racial equity tool application as they explore structural changes to daily operations, budgeting, communications, community engagement, and decision-making. The culminating session will include the development of a draft racial equity action plan to be presented to City leadership, department directors, and city council for approval and adoption. The racial equity action plan serves as an annual progress report to the community on indicators outlined and sourced directly from the community. The racial equity action plan seeks to assert community informed goals, address root causes of inequities by identifying policy, practice, and procedural changes as well as provide a indicator that measures success.
Train the Trainer in Advancing Racial Equity in Local Government This series is designed to equip leaders with the know-how to normalize conversations about race within their organization by providing shared language for all staff and partners on racial equity. The goal is for participants to leave with skills and confidence to practice leading the 100 training, ultimately building the internal skill and capacity of the organization to sustain racial equity work and to facilitate future conversations about race effectively.
Culminating Symposium
We recommend a culminating symposium to create an opportunity for the equity core team to share with community members, partner organizations, and city leadership their experience of applying a racial equity tool, the draft racial equity action plan and any recommendations to implement any policies, practices and procedures that advance racial equity. This culminating symposium also creates space for city leadership to acknowledge and thank the equity core team for their commitment and contributions to advancing racial equity in the City.
Scope of Work Options
Capacity Building for City Leadership
NLC-REAL will plan and facilitate a virtual training series to support city leadership. The training will offer foundational principles to support Burbank as they explore their own interactions in the government and, how leaders can best support their staff in racial equity work.
Option A: Transformational Approach total cost $116,750 i. Leading for Racial Equity for Elected Officials
ii. Leading for Racial Equity for Department Heads
iii. Normalizing Racial Equity for Equity Core Team
iv. Communicating Effectively about Race for Local Elected Leaders v. Organizing Racial Equity in Local Government for Equity Core Team vi. Operationalizing Racial Equity in Local Government for Equity Core Team vii. Train-the-Trainer in Normalizing Racial Equity
viii. Up to 20 hours of coaching and technical assistance for Burbank Equity Core Team around racial equity tool application.
ix. Culminating Symposium
Outcomes:
a. Draft racial equity vision statement
b. Ideas for normalizing conversations about race in the City c. Narrative summary of application of Racial Equity Tool including recommended community-driven data-informed strategies
d. Curriculum to use in the jurisdiction with new employees and partner organizations
e. Draft Racial Equity Action Plan
Recommendations for Training Boards & Commissions
NLC-REAL understands that the Council would like to include boards and commissions under this scope of services and provide training to all 100 members. It is our highest intent and purpose to build the City of Burbank’s internal skill and capacity and we believe that this comprehensive proposal will set Burbank up for success to help sustain their commitment to racial equity. We recommend the following options below as it relates to providing training to Burbank’s Boards & Commissions:
1. NLC-REAL recommends finding opportunities to engage boards and commission members in the staff skill building process in lieu of training them. An example of this could look like applying a racial equity tool to the policies, practices, and procedures around Boards and Commissions which would require Burbank Core Equity Team members to engage boards and commissions in the Racial Equity Tool Pilot Project. No additional cost required.
2. Limit training to the vice chairs and chairs only – this would entail delivering a one 6-hr interactive Normalizing Racial Equity workshop up to 50 members (please defer to additional cost below chart).
3. NLC-REAL will support Burbank in building their internal capacity so the City can deliver Normalizing Racial Equity to all 100 Boards & Commissions. The train-the-trainer model will equip the equity core team with the skills needed to deliver future trainings once the current proposed scope of work is completed.
Option A Cost
Fees
1. Context Setting (interviews with key stakeholders and kickoff meeting)
$5,000
Leading for Racial Equity for Elected Officials (7.5 hrs.)
90-minute Webinar Presentation with Each Elected
Official
$9,375
2. Communicating Effectively About Race for Elected
Officials (7.5 hrs.)
90-minute Webinar Presentation with Each Elected
Official
$9,375
3. Leading for Racial Equity for Department Heads (6 hrs.) $7,500
4. Communicating Effectively About Race for Department
Heads (3 hrs.)
$3,750
5. Normalizing Racial Equity for Core Equity Team (12 hrs.) $15,000
6. Organizing Racial Equity in Local Government for Equity Core Team (12 hrs.)
$15,000
7. Operationalizing Racial Equity in Local Government for Equity Core Team (6 hrs.)
$7,500
8. Train the Trainer Normalizing for Racial Equity (18 hrs.) $22,500
9. Up to 20 hours of coaching, and technical assistance for Burbank Core Equity Team and key staff around racial
equity tool application and development of racial equity action plan.
$10,000
10. Culminating Symposium (up to 3 hrs.) $3,750
11. Regular strategy calls with lead contact throughout duration of the contract.
$8,000
Subtotal $116,750
Admin (10%) $11,675
Grand Total $128,425
Payment Schedule
1. Initial payment of $42,808.33 is due upon signing of this contract.
2. The second payment of 42,808.33 is due at the conclusion of Normalizing for Core Equity Team.
3. Final payment of $42,808.34 is due upon completion of Culminating Symposium.