CITY OF RICHMOND
STANDARD CONTRACT
Department: Human Resources Project Manager: Anil Comelo Project Manager E-mail: Project Manager Phone No:
anil [email protected] (510) 620-6609
PR No: Vendor No: 8535 P.O./Contract No:
Description of Services:
Facilitation, conflict resolution, consultation, and or training on an as-needed basis.
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. gathes Ty and the follow Contacta Cohe city of Richmond (herein referred to Company Name: Municipal Resource Group, LLC
Street Address: PO Box 561
City, State, Zip Code: Wilton, CA 95693
Contact Person: Mary Egan
Telephone: (916) 261-7547 Email: [email protected] Business License No: 40043289 / Expiration Date: June 29, 2021 A California corporation, _limited liability corporation general partnership, limited partnership, L individual, non-profit corporation, ] individual dba as [specify:].
v other [specify:] limited liability company
Term. The effective date of this Contract is April 6, 2021 and it terminates April 5, 2023 unless terminated as provided herein.
3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 50000 . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
Municipal Resource Group, LLC
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: mayer By: Mary ou
I hereby certify that this Contract Title: CEO
has been approved by City Council.
Date Signed: 4/13 \ 2021
By: Datura Kudy, Deputy
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
Title:
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
Municipal Resource Group, LLC
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager _, perform the following services and be compensated as outlined below:
As per the attached Scope of Services on an as-needed basis - Attachment I.
For the Contract between the City of
Richmond and
Municipal Resource Group, LLC
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Anil Comelo Department: Human Resources PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Anil Comelo before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City's satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
Municipal Resource Group, LLC
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Anil Comelo
City of Richmond
Richmond, CA 94804-0046
1.2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Municipal Resource Group, LLC
PO Box 561
Wilton, CA 95693
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 1 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City's rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 2 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor's accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract, or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 3 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subiect to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 4 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 5 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. Contractor's obligation to General Conditions/EJ/TE 01-19-11 6 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor's indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 7 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City's Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City's website at
http://www.ci.richmond.ca.us/workplacepolicies. Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 8 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 9 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable), or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the aw of the State of California without regard to principles of conflicts of law This Contract is made in Contra Costa County, California, and any actior relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purposes). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 11 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor's performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 12 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
General Conditions/EJ/TE 01-19-11 13 of 13
For the Contract between the City of
Richmond and
Municipal Resource Group, LLC
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
Services to be provided on an as-needed basis as per the attached Scope of Services - Attachment I.
Fees will be assessed for services rendered on an as-needed basis as per the attached Fee Schedule - Attachment I.
For the Contract between the City of
Richmond and
Municipal Resource Group, LLC
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
- Exhibit F
— Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR's profession (if required.)
Required Coverage Minimum Limits
Norkers' Compensation anc Statutory limits as required by the State of California including $1 million imployers' Liability Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, sleed by the California Department of Industrial Relations and Self- If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general (primary and excess limits aggregate shall apply separately to this project, service or location or the combined) ninimum required aggregate limit shall be twice the per occurrenc imit ($4 million aggregate limit)
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Type 2 - Page 1 of 3
Revised: September 2011
- Exhibit F
— Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors 8 PROJECT COST. REQUIRED LIMIT missions Liability - _$1 million p/o
$1 million - $5 millior $2 million. p/o
Required for all professionals
including architects, engineers, Over $5 million $5 million_p/o consultants, construction
management, counselors, medical
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodilv injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor's insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers' Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured Any deductible or self-insured retention must be declared to and approvec Retentions by the City. At the option of the City either the insurer shall reduce or Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A: VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
if an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specifie or underlying coverage's and cover those insured in the underlying policies Type 2 - Page 2 of 3
Revised: September 2011
_Exhibit F
-Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
years after completion of contract work.
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Reporting Requirements
are lure rage pray with herity of other pr, ition or the poles reling breaches of warranties shall not Consistent with Public Policy
ohly to the minimum extent necessary so that he red in be terms and proposin helle maid be donster able public policy and thus enforceable.
Type 2 - Page 3 of 3
Revised: September 2011
Attachment I
March 17, 2021
Anil Comelo, Human Resources Director
Dorothy Mandujano, HR Management Dept.
City of Richmond
450 Civic Center Plaza, Suite 310
Richmond, CA 94804
RE: Proposal for Facilitation, Conflict Resolution and Human Resources Consulting Services.
Dear Mr. Comelo and Ms. Mandujano,
Municipal Resource Group, LLC ("MRG") is pleased to submit a proposal to assist the City of Richmond ("City") management with facilitation, conflict resolution and human resources consulting services on an as-needed basis for up to two years.
We have built our practice around helping our clients identify core issues impacting performance and organizational health and developing effective strategies for removing these barriers. In addition to addressing challenges, we consider these engagements an opportunity to work with staff, to help them grow and develop, and to ensure they fully understand the recommendations and rationale for change. We are "no surprises" consultants, and we work with leadership and other stakeholders to define a path for redesign and desired outcomes.
MRG consultants have completed several successful interventions to improve workplace dynamics using a variety of approaches based on the current issues. Improving workplace relationships are key to enhancing a departments effectiveness.
Please let me know if you would like to discuss MRG's approach to these services.
Respectfully submitted,
Mary You
Mary Egan
Managing Partner
MRG, LLC
916-261-7547
[email protected]
City of Richmond Page i
MRG Proposal
Attachment I
1. PROFILE OF MRG
MRG is a full-service consulting firm assisting public and private agencies. We have over 50 consultants engaged in technical, leadership and organizational support for public and private agencies throughout California. Mary Egan is the Managing Partner in charge of this engagement.
Title of Project: Facilitation, Conflict Resolution and Consulting services Name of Organization: Municipal Resource Group, LLC ("MRG") Addresses of Organization: PO Box 561, Wilton CA 95693
3108 Glendale Blvd., #167, Los Angeles CA 90039
Telephone Number: (866) 774-3222
Website: www.Solutions-MRG.com
Main Contact: Mary Egan, Managing Partner (916) 261-7547 E-Mail: [email protected]
2. MRG STATEMENT OF QUALIFICATIONS
MRG is a great partnering resource for the City of Richmond. MRG seeks to provide its clients with professional transformational Human Resources services. Many of our public-sector clients rely on us to review their historical processes and make practical recommendations to streamline practices and enrich services. They also entrust MRG to provide solutions to the challenges that face government agencies today. As you will hear from our client references, we deliver modern, thoughtful, and strategic recommendations that reflect our clients' values and priorities.
MRG has over ten years' experience providing human resource services to agencies. We understand that each organization is unique. MRG strives to understand its client's expectations, organization, and practices. We can support a broad range of HR services from employee relations, performance management, discipline, leave management assistance, recruitment, classification and compensation, policy and procedures, professional development (training and coaching), workplace investigations, technical operational advice, and implementation of best practices and other Human Resource project support as needed.
We have a robust training and development practice, working with organizations, teams, and individuals to build their individual and collective skills, prepare leaders for promotion and succession, and address and resolve the technical challenges through communication skill building.
City of Richmond Page 1
MRG Proposal
Attachment I
3. SCOPE OF SERVICES
CONFLICT RESOLUTION
Step 1: Conduct 1:1 Intake Meetings
The Intake meeting provides an opportunity for each employee to meet the consultant, build familiarity, and share their perspective, concerns, challenges, and goals. It is important for each employee to have a chance to establish this relationship prior to group mediation to ensure we have the whole picture and are setting realistic expectations. These meetings will be conducted virtually through Zoom and are normally 1 hour each.
Step 2: Conduct Facilitated Discussions
After the intake meetings we prepare a workplan that includes a suggested communication plan and goals for the next step in the process, and we propose a structure for addressing the challenges that have been discovered through the intake process. In these facilitated meetings (mediations), the participants establish "ground rules" that set the stage for respectful, professional communication, and we guide them as they determine how to move beyond their current issues and to improve their working relationship. We often need 2 - 3 facilitated discussions.
Step 3: Wrap up and Follow up
We conclude the Conflict Resolution process with an agreed upon plan to move past the conflict between the employees. The consultant will provide a summary to leadership about the mediation process and outcomes. We will also follow up in 30 and 60 days to see if any course correction is needed or the workplace has maintained improvement.
FACILITATION
Facilitation is useful in many situations. In conflict resolution, as described above, we facilitate discussions that support a specific outcome. Facilitation is also useful when there is a specific issue that a team needs to work through, and the presence of an expert facilitator to guide the process helps the team work best together and achieve a particular outcome in a specific period of time. We often provide facilitation for leadership meetings, teambuilding exercises, Council Orientation and Governance, Strategic Planning, and goal setting.
Finally, we sometimes utilize facilitation as a supplement to training. In this case, the training program provides a foundation for skill building, while the facilitated sessions help trainees APPLY what they have learned in training to their unique situations. This accelerates the process of change across the organization.
City of Richmond Page 2
MRG Proposal
Attachment I
TRAINING
It is no secret that employees at different levels in any organization face different challenges and therefore need different kinds of training and development support. Our goal is to design and deliver the most relevant training for each layer in the organization. Therefore, we will work with you to determine your most relevant needs at each level, and then use our "building block" approach to design and execute a comprehensive training program that allows your employees to grow through one level to the next. In this way, our training design will truly support your talent development strategy and your succession planning efforts.
For example, supervisors and leads often need to make the leap to getting work done through others, while simultaneously developing skill and confidence in the tactical skills of supervision.
Once those skills are mastered, they can begin to think about systems and structure, and about their "footprint" on the culture of the organization. At the senior leader level, the challenge is often to think strategically and collaboratively, to set the tone, and to "model the way" for others.
In addition to providing a custom or core training programs, our instructor-led training approach is unique. At MRG, we use a design methodology that inspires your employees to want to take personal accountability for their growth and builds camaraderie among participants. We pride ourselves on our ability to help your organization achieve high levels of trust and interconnectedness as a "by-product" of our training programs.
Our training programs are highly experiential and interactive, are based on the most current models of adult learning theory and are backed by neuroscience. We study the conditions that help people absorb and apply new ideas, make positive change and adopt new habits, and we build those into the very fabric of our training programs.
We also work hard to be positive change-agents as we train. We strive to understand and break through the social and emotional barriers that create resistance to change in any organization.
Our experienced trainers and facilitators can teach people to lead with the heart, increasing the quality and quantity of rewards and recognition immediately.
MRG uses the 3 steps below as we design any comprehensive training program.
Design Your Deliver the
Conduct a
Customized Training and
Needs
Training Evaluate the
Assessment
Program Impact
I. Conduct a Needs Assessment
In this phase, we collect some data to ensure that the training will meet the organization's current and future needs. This phase may include interviews with key stakeholders, the collection of survey data, and/or observations of work performance. We collect only the City of Richmond Page 3
MRG Proposal
Attachment I
data we need to make informed choices about which courses to include in the training program, and to design ways to support the transfer of skills back to work.
Il. Design Your Customized Training Program
Using the data collected in phase 1, we design a training program that meets the needs of your employees and helps you achieve your strategic vision. Using current research and the most effective models of transformational design, our programs will engage and inspire your employees, igniting the change process.
III. Deliver the Training and Evaluate the Impact
Our dynamic instructors will deliver your training program. We will collect evaluation data and share it with you, and follow-up routinely to ensure that the training is making a positive impact in your workplace.
LX EVOLVE (The Leadership Transformation Program)
We built the LX EVOLVE Leadership Transformation Training program in response to the shared struggles of developing leaders. This is a compilation of our most sought-after training topics that will support your supervisors and managers in leading your organization in this "new normal." From prioritization to problem solving, and conflict to collaboration, we have curated these competency-based trainings into an extended professional development experience that will transform your organization.
Topics include...
Building Credibility as a Leader; Supporting Accountability; Managing Performance, Leading Effective (Virtual) Meetings, Engaging Your Team; Prioritizing, Planning and Goal Setting; Delegating, Directing and Coaching; Managing Conflict; Igniting Engagement; and Leading Change.
Your supervisors, managers and leaders will come away from this program able to... • Prioritize their work, and provide clear expectations for deliverables for their teams • Set clear standards for performance
• Run a purpose-driven and effective live or virtual meeting • Set clear and actionable goals, and translate those goals into shared workplans • Engage their team members in the timely completion of project-based work • Move through conflict and into problem solving and then decision-making • Create a "Change Plan" and shepherd the team through that plan • Delegate effectively
• Coach a team member to build competence and confidence • And more!
Building a High-Trust Workplace
We all want a high-trust workplace! High-trust workplaces have greater productivity, higher engagement, better overall performance, stronger employee and customer satisfaction, and less City of Richmond Page 4
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Attachment I
turnover. Low-trust environments are the opposite. Things are unpredictable, unclear and unfair.
Low-trust behaviors drag down confidence, destroy creativity, reduce engagement, and threaten productivity. At every level of an organization, TRUST makes or breaks success.
Yet addressing TRUST in the workplace is challenging. Dynamics of power and hierarchy complicate matters. This course, BUILDING A HIGH-TRUST WORKPLACE, examines the fundamentals of TRUST, and its value and impact in the workplace. This course gives individuals the awareness, skills, and tools necessary to make a personal, positive difference in the trust dynamic. Regardless of rank, and whether the current environment is LOW-trust or HIGH-trust, individuals have the power to make things better. From the individual to the department/team, through customer service and across levels of management, all the way to the bottom line, fostering trust in your organization raises the bar.
Coaching for Excellence
One of our most powerful programs that addresses a core set of challenges related to accountability, performance management and also rewards and recognition, is our COACHING FOR EXCELLENCE program.
Coaching is a profoundly impactful managerial approach, because (when done well) it fuels a partnership between the manager/supervisor, and the employee. It empowers the employee to take responsibility for his/her career growth, and it supports a clear and actionable set of goals and accountabilities.
This program can be delivered LIVE as a 3-day program, or via a combination of online modules and team facilitation. It includes:
• Introduction to Coaching for Leaders: Why Coach? Coaching and Engagement • Foundational Skills: Be Curious, Listen Actively and Ask Powerful Questions • Learning to GROW: Coaching in Action
• Coaching Toward a Goal
• Corrective Coaching
• Coaching Practice
Training is not the only answer.
Though a well-designed training program can provide a powerful shared experience for team members, create a new vocabulary and foundation of practice, and ultimately ignite change, it still must be balanced with other methods if an organization wants to truly transform. That is why at MRG, we also provide one-to-one and small group coaching services, facilitation and conflict resolution services.
City of Richmond Page 5
MRG Proposal
Attachment I
4. MRG CONSULTANT TEAM
Municipal Resource Group LLC (MRG) was founded by broadly experienced public-sector professionals. Our principal consultants have over three hundred years combined experience working as public-sector executives, managers, and consultants. MRG prides itself in providing consulting services based on our hands-on experience in managing local, regional, and state governments as well as our experience in delivering products that meet and exceed our clients' expectations. In addition to our well-established public sector expertise, we also provide services to more than 20 private-sector employers. A listing of our full services and our experienced consultants can be found on our website at www.Solutions-MRG.com.
Biographies for our experienced project members are attached. Mary Egan is the partner overseeing this practice and provides high level leadership over every project including this engagement for Richmond. The list of our affiliated consultants who would support the City's needs includes:
• Patty Francisco (Lead Consultant). Patty focuses on strategic human resources advice and counsel to help organizations achieve successful results. Through collaboration and partnership with clients, Patty works well in identifying issues and offering meaningful recommendations to ensure sustainable outcomes. Patty is very skilled at addressing and resolving workplace conflict, addressing areas for personal and executive development, and leaving workplaces with positive outcomes. She takes pride in her efforts to inspire, coach, motivate and mentor employees, management and executives.
• Barry Bar-El (Consultant). Barry is an Organizational Development Consultant with an expertise in healthcare systems. He is an engaging and trusted facilitator and teacher who brings enthusiasm and a passion for empowering others to achieve excellence.
Barry's consulting engagements focus on helping leaders better understand individual, team and organizational issues and perspectives using diagnostic tools including surveys, interviews and focus groups. This involves providing support for leaders to achieve insights and improve interactions with their teams and clients while increasing their confidence.
• Claire Laughlin (Consultant - Training & Development). Claire is a dynamic and engaging trainer and consultant who uses experiential and innovative methods to help teams and organizations achieve results. With every client, she seeks to build individual leadership potential, teach positive communication habits, and enhance trust among and between team members. As a consultant and trainer with over 20 years of diverse experience, Claire brings a background in management, a relentless dedication to transformation, and a passion for improving relationships to all her work. Claire is a certified Leadership Challenge facilitator and has designed a host of online and hybrid programs that help organizations achieve real change.
City of Richmond Page 6
MRG Proposal
Attachment I
• Amy Howorth (Consultant). Amy Howorth is a community-oriented governance and organizational development professional with demonstrated abilities in executive hiring and evaluation, budgeting, facilities improvement, regional relationship building, and community engagement. She is skilled in Governmental Affairs, Consensus Building, Public Relations, Media, and Public Speaking. Amy understands the critical relationship between elected and appointed officials and is an expert at facilitating change within an organization. Through her unique blend of humor and knowledge of local government, she helps teams get through conflict and build trust.
She is passionate about developing leaders and loves coaching new councilmembers. • The entire team of MRG affiliated consultants can be found at www.Solutions- MRG.com. We have a wide range of professional subject matter experts in addition to Human Resources, Community Services, Library, Public Works, Utilities, Fire and Emergency Services experts, should the need arise for subject matter expertise.
5. MRG RATES
1. ASSESSMENT METHODS AND/OR TOOLS
MRG uses a variety of tools for communication and assessment. Our consultants are adept at using video conferencing and online survey development and delivery using Survey Monkey. We use preferred assessments including Disc, MBTI®, The Working Genius, True Colors, The Leadership Practices Inventory (Self and 360) and REACH. The tools we suggest will be determined by the outcomes requested.
2. RATE STRUCTURE EXPLANATION
MRG will provide specific pricing for professional consulting services for your project when submitted as part of our proposal process prior to project launch. However, for budgeting and planning purposes, please use the following guidelines:
Effective January 1, 2021 Rate
Human Resources Professional Services $215
Executive Coaching Services $225
Principal Consultant Professional Services - Mary Egan $250 LX EVOLVE Professional Development Program $1750/enrollee Building a High Trust Workplace $299/enrollee +
(4 facilitated meetings, plus the online course) $1500/facilitated mtg.
City of Richmond Page 7
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Attachment I
Coaching for Excellence $597/enrollee +
(4 facilitated meetings, plus online course) $1500/facilitated mtg.
Being Your Best at Work (a partner program for Coaching for $297/enrollee +
Excellence, that trains the coachee
$1500/facilitated mtg.
(3 facilitated meetings, plus online course)
Technical Support (MRG Staff) $95
Mileage, Travel, Printing, Assessments and Postage, etc. At cost Training assessment fees:
• Disc, MBTI® and Working Genius Assessments are billed at $50 per participant, group reports $100.
MRG's not-to-exceed estimate for this project is $50,000 for two years including expenses. If the City of Richmond requests MRG to perform services beyond the above scope of work, MRG will prepare an estimate and receive authorization before providing additional services at the current MRG's hourly rate.
Reimbursable expenses include mileage reimbursement at the current IRS mileage rate ($0.56 per mile in 2021), parking, travel, postage, document production, printing and minor costs incurred while performing the above-described work. Costs and expenses will be reimbursed at MRG's cost. MRG will invoice monthly for actual services performed and reimbursable expenses incurred. MRG understands that all travel costs will be pre-approved.
6. REFERENCES
As requested, here is the contact information for three specific organizational development client references:
Yuba Water Agency
Terri Daly, Administrative Manager
1220 F Street
Marysville, CA 95901
[email protected]
(530) 741-5022
Huntington Beach
Travis Hopkins, Assistant City Manager
200 Main Street
City of Richmond Page 8
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Attachment I
Huntington Beach, CA 92648
[email protected]
(714) 536-5537
Palo Alto
Rumi Portillo, Chief People Officer
1485 Park Avenue
San Jose, CA 95126
[email protected]
(408) 966-8734
City of Richmond Page 9
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Attachment I
Mary Egan - CEO, Managing Partner
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 261-7547
[email protected]
Mary is highly skilled at Executive Coaching, Workplace Investigation, and Conflict Resolution and often uses those skills, along with her considerable experience, when advising her clients regarding employment related risk mitigation, strategic planning and interest-based problem resolution.
Mary's specialties are assisting governing boards and government leaders with executive level performance evaluations, organizational problem analysis and skillful resolution, as well as coaching key employers to address deficiencies and maximize organizational impact.
As a Private Investigator licensed by the State of California, Mary has handled hundreds of workplace investigations for both private sector and public employers on all types of employment matters over the last several years, including claims of discrimination, harassment, retaliation, whistle blowing, substance abuse, threats of violence, assault, theft, fraud, violations of company policies, wage and hour violations, and other forms of alleged misconduct. Mary is experienced in testifying during administrative and judicial proceedings regarding completed investigations and provides expert testimony on the adequacy of workplace investigations, human resource practices and public sector employment standards and expectations. She is also qualified as an expert in State Court on the adequacy of investigations.
Mary's commitment to and passion for improving the quality of workplace investigations nationwide is demonstrated by her role with the Association of Workplace Investigators (AWI, formerly, California Association of Workplace Investigators).
She is a founding member of AWI, formed in October 2009 and spent four years developing the AWl's published standards for workplace investigations and serving as a faculty member at the Workplace Investigation Institute.
In addition to investigations and expert testimony, Mary facilitates staff retreats, team based problem solving and labor management committees, works with elected boards to define the performance expectations of their key managers, serves as a neutral fact finder in resolution of employer/employee issues.
Prior to joining MRG, Mary held key positions with both the City of Sacramento, and the City of San Jose, where she was the Employee Relations Officer and Chief Negotiator. While with Shannon Associates, Mary managed recruitments for high-level appointed executives, as well as complex HR assessments for large and complex clients. She continued her consulting services with high-profile clients after starting her own firm in 2001 and maintains long-term relationships with cities and counties in California. Mary is a recognized expert in municipal government interest arbitration.
In addition to her significant field experience with major clients, Mary earned a Bachelor of Science degree in Applied Behavioral Sciences from the University of California, Davis, where she was named "Outstanding Female Graduate," and a Master of Public Administration (MPA) degree from San Francisco State University. Mary is a founding member of the California Association of Workplace Investigators (CAOW), participating as Chairperson of the Legislation Committee and member of the Best Practices Committee.
Relations Association (CALPELRA), the Municipal Management Assistants of Northern California (MMANC), and the group on sexual and racial harassment and misconduct. In 2018, Mary was recognized by the Sacramento Business Journal as a recipient of the Women Who Mean Business award.
Main Office Sacramento Area
P. O. Box 561
10 Wilton, CA 95693
Bay Area
of (866) 774-3222
Innovative Los Angeles Area
MRG SOLUTIONS Visit us at: www.Solutions-MRG.com
Attachment I
Barry Bar-El, MAOM - Organization Development Consulting
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (310) 498-5592
[email protected]
Barry Bar-El is an Organizational Development Consultant with expertise in coaching and mediation. He is an engaging and trusted facilitator and educator who brings enthusiasm for empowering others to achieve excellence. As a practitioner for over 24 years, he has effectively transformed concepts and ideas about organizational improvement into key strategic projects that impact business outcomes, including large-scale organizational change and employee-led process improvement projects that focus on increasing engagement.
Barry designs and leads interventions including goal setting and strategic planning that result in successful organizational outcomes and promote effective collaboration. He guides cross-functional teams in "barrier busting" through building and strengthening horizontal and vertical relationships within traditional organizational boundaries.
Barry's consulting engagements focus on guiding leaders to better understand individual, team and organizational issues and perspectives using diagnostic tools including surveys, interviews and focus groups. This involves providing support for leaders to achieve insights and improve interactions with their teams and clients while increasing their confidence. Following a comprehensive initial assessment, Barry utilizes customized individualized coaching, 360-degree feedback and other certified assessments (such as DISC, MBTI and SDI) that help identify communication preferences and facilitate key conversations.
Barry is also an experienced process improvement facilitator and his work in this area has been featured as part of a national initiative to Transform Care at The Bedside; a hospital-wide process to engage clinical and non-clinical staff in improving patient care. He is certified as a Prosci change practitioner and has designed and implemented organization-wide employee engagement, culture and leadership feedback surveys contributing to improved employee engagement and retention.
Barry's clients are wide-ranging - from healthcare systems to county and municipal governments to housing authorities and nonprofits. Barry's clients consistently highlight his authenticity, his ability to build trust as well as appreciating his passion for helping people grow and succeed. He possesses a comfortable and accessible consulting approach that quickly and effectively builds strong relationships with leaders and employees at all levels.
Main Office Sacramento Area
P. O. Box 56.
10% Wilton, CA 9569:
Bay Area
(866) 774-3222
Los Angeles Area
MRG Visit us at: www.Solutions-MRG.com
Attachment I
Patty Francisco, Ph.D. - Human Resources Consultant
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (949) 500-0436
[email protected]
Patty Francisco focuses on strategic human resources advice and counsel to help organizations achieve successful results. Through collaboration and partnership with clients, Patty works well in identifying issues and offering meaningful recommendations to ensure sustainable outcomes. Based on the foundation of developing strong relationships and reliance on expert knowledge, Patty thrives in maintaining the balance in advocating for both employee and management to ensure that the overall best interest of the organization serves as its cornerstone. Patty is very skilled at addressing and resolving workplace conflict, addressing areas for personal and executive development, and leaving workplaces with positive outcomes. She takes pride in her efforts to inspire, coach, motivate and mentor employees, management, and executives.
Her proven leadership skills coupled with her extensive and progressive human resources experience, allows her the ability to provide expert counsel and advice on various HR functions including: organizational strategy and staffing design, employee relations, performance management and disciplinary review and guidance, labor relations and MOU administration, employee benefits, training (AB1825) and organizational development, classification and compensation, and individual and team- based coaching.
Patty has over 30 years of public sector human resources experience and is primarily responsible for the consulting practice in the Southern California region. She is experienced in leading public agencies such as the Metropolitan Water District of Southern California (MWD), the Community Redevelopment Agency for the City of Los Angeles (CRA/LA) and the Southern California Regional Rail Authority/Metrolink.
Patty received her Bachelor's degree in Public Administration from the University of Southern California, and then went on to earn her Master's degree in Human Resources Design from Claremont Graduate University. Patty earned her Ph.D. in Organizational Leadership from The Chicago School of Professional Psychology. Her research focused on Informal Leaders: Linking Transformational Leadership, Psychological Empowerment, and Personal Power.
Main Office Sacramento Area®
P. O. Box 561
10฿ Wilton, CA 95693
Bay Area
of (866) 774-3222
Innovative Los Angeles Area
MRG SOLUTIONS Visit us at: www.Solutions-MRG.com
Attachment I
Claire Laughlin - Consultant, Training, Development and Organizational Transformation Services
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (831) 239-8483
[email protected]
Claire Laughlin, MA, is a dynamic and engaging trainer and consultant who uses experiential and innovative methods to help teams and organizations achieve results. With every client, she seeks to build individual leadership potential, teach positive communication habits, and enhance trust among and between team members.
As an independent consultant and trainer with 20 years of diverse experience, Claire brings to MRG a background in management, a relentless dedication to transformation, and a passion for improving relationships to all her work.
With her master's degree in Communication, Claire began her career as a college and university communication instructor. She soon found her niche as an organizational trainer and consultant. Claire is fully committed to working with clients as they cultivate practices aimed at making their organizations healthy and highly productive.
As a founding member of the Public Dialogue Consortium and a trained mediator, Claire has had extensive experience in designing and facilitating difficult conversations with groups of every size. She has worked with many City governments including the Cities of Cupertino, Militas, Mountain View, Redwood City, Modesto and Fremont. She is also a Leadership Challenge Facilitator, and a certified Development Dimensions International facilitator.
From leadership development, to communication and coaching essentials, to project management, Claire works with public, private and non-profit organizations and has taught at seven different colleges and universities in California.
Claire's Specialties include...
• Executive and Departmental Retreats
Management and Coaching
Leadership and Team Development
Building a Positive Workplace
• Leading and Managing Change
• High Impact Meeting Management
• Project Management for the Rest of Us
Main Office Sacramento Area
P. O. Box 561
10 Wilton, CA 9569:
Bay Area
of (866) 774-3222
Innovative Los Angeles Area
MRG SOLUTIONS Visit us at: www.Solutions-MRG.com
Attachment I
Kandice S. Taylor-Sherwood - Human Resources Consultant
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (562) 208-0150
[email protected]
Kandice has leveraged over 16 years of experience as a supervisor, manager, and Executive Director in public sector Human Resources with strong research and analytical skills gained as university instructor to become a well-rounded HR consultant who uses reliable data and analytics to identify needs and drive results.
Coupled with insights acquired while actively managing her own consulting firm, Sherwood HR Consulting, Kandice has developed the capacity to be a creative and strategic thinker who is adept at looking at new ways of doing things.
Kandice's focus as a human resource consultant is leadership coaching and as an OD interventionist facilitating process re-engineering, group idea generation/problem solving, strategic planning, data gathering processes/needs analysis, and general Human Resource activities such as Performance Management systems and processes, Recruitment and Selection, Classification and Compensation, conducting investigations, etc.
As a certified master trainer with ASTD and Achieve Global, Kandice has effectively engaged, facilitated, trained, and coached many program attendees in various programs and processes such as:
• Process Mapping/Improvement/Re-engineering
• Inside-Out Coaching, Gallop Strengthsfinders (Certified), IPEC Coaching (Certification in process) • Process Facilitation (Certified by Leadership Strategies); World Café sessions • Performance Management and Documentation
Franklin Covey's 7 Habits for Managers and Associates,
The Seven Habits of Highly Effective People, Great Leaders, The Four Disciplines of execution, Time Management, and Project Management.
• Crucial Conversations
• Customer Service
• Supervisory Skills, The Professions of Management Course, Executive Leadership Series • The DiSC personality inventory and Myers Briggs (Certified) Kandice has a B.A in Psychology and an M.A. in Industrial Organizational Psychology from California State University, Long Beach (CULB). She has provided Keynote addresses, curriculum development, and consultative-type services for many organizations, including: California State University Northridge (CSUN), Long Beach Unified School District, Leadership Long Beach, Orange County Family Justice Center, IMPA-HR, IPMA-HR Southern Region (Keynote address), NEOGOV (Keynote address), Contra Costa Water Main Office Sacramento Area
P. O. Box 561
10 Wilton, CA 95693
Bay Area
of (866) 774-3222
Innovative Los Angeles Area
MRG SOLUTIONS Visit us at: www.Solutions-MRG.com
Attachment I
Rhiannon Surrenda - Training, Development & Organizational Transformation
MUNICIPAL RESOURCE GROUP, LLC
Telephone: (415) 370-8562
[email protected]
Rhiannon Surrenda, M.A., is a dynamic trainer who brings her enthusiasm and passion for empowering others to all her trainings and consultations. Rhiannon works with executives, teams, individuals, and entrepreneurs from a wide range of industries to help them become high performers and succeed in their professional and personal development goals.
As a trainer and business consultant for the past 18 years, Rhiannon excels at leadership development, developing high-trust workplaces, building emotional intelligence, essential communication skills, change management/resilience, working across generations, process improvement, strategic planning and development and delivery of train-the-trainer programs. She has extensive experience working with a variety of organizational structures represented in differing industries: Government (hierarchal/paramilitary), private and public companies, non-profit/NGO, education, venture capital firms and community-based organizations. Rhiannon's clients consistently mention her high energy, expertise, relatability, listening skills and appreciate her genuine love for her work to help people and organizations grow and succeed.
Rhiannon is a senior consultant and training affiliate for MRG and provides trainings on a variety of topics while integrating personal, professional and leadership development, with an emphasis on the practical application of new tools and knowledge on the job. She delivers Leadership and Supervisory Academy's for the City of Santa Cruz, City of Monterey, and the City of Roseville. She is also working with Contra Costa County delivering trainings on building a High-Trust Workplace to support their on-going organizational culture shift. In her work with Silicon Valley Clean Energy, she delivers trainings to address challenges as well as leverage opportunities with a goal of developing an optimized high-performing team.
In addition, Rhiannon has provided strategic planning for multiple divisions at Google, as well as Executive and Change Resilience trainings, and 360° Executive team evaluations for many organizations. She has traveled the state delivering instructor trainings for many colleges and organizations. She has led results-driven training solutions for corporations, government agencies and not-for-profit organizations to ensure high-quality, consistent trainings at all locations.
Rhiannon provided workforce development solutions to local businesses in Santa Cruz County and has created and delivered a wide range of customized trainings serving Government (City, County, NetComm(911), Police, Education), Healthcare organizations, NGOs/nonprofit and for profit organizations. She also helped develop the Supervisory and Leadership Academy at Cabrillo College.
Rhiannon has a master's degree in Organizational Psychology and a Graduate Certificate in Organizational Conflict Management from John F. Kennedy University. She is a certified trainer for Development Dimensions International, Inc., True Colors®, New World of Work 21st Century Employability Skills, Culture Works What Motivates Me and is a CCCAOE Leadership Academy Master trainer. In addition, she has completed and been certified in the AchieveGlobal Inc. Leadership Training, Compression Planning®, Interaction Associates Facilitative Leadership® Training, Interaction Associates Facilitating Change® Training, Technology of Participation Training (ToP)®. She is a certified facilitator of Being in Action, delivering empowerment and stress management training.
Main Office Sacramento Area
P. O. Box 561
10.% Wilton, CA 95693
Bay Area
of (866) 774-3222
Innovative Los Angeles Area
MRG SOLUTIONS Visit us at: www.Solutions-MRG.com