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HomeMy WebLinkAbout16- Professional Services Agreement - Dave Meldahl, Think2Perform - Professional Development for ManagementPROFESSIONAL SERVICES AGREEMENT Zr�l l� THIS AGREEMENT is made and entered into this _ day of , �6i�; by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, Dave Meldahl, Think2Perform, hereinafter referred to as "Contractor." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Attachment "A" and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution [and will terminate on the completion of the services outlined in the Letter of Agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the October 26, 2016 Letter of Engagement. For conflicts between this Agreement and the Letter of Engagement, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 1 of 10 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 2 of 10 hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents; For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 3 of 10 except "responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation — statutory; • Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non -renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 4 of 10 8. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Fault"). The City may then take over the work and complete it, either with its own resources or by re -letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall. be entitled to payment only for those services Contractor actually rendered. C. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 5 of 10 C. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damaues; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be Chuck Winn, Assistant City Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to James Goehrung as the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 6 of 10 b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Dave Meldahl or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti -discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub -Contractors providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 7 of 10 shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non -Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 8 of 10 to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior -level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 9 of 10 enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By� w�0 Chris Kukulski, City Manager APPROVED AS TO FORM: By Greg 'van, Bozeman City Attorney CONTRACTOR (Type Name Above) By Print Name: ja Print Title: / v,� � � Professional Services Agreement for Professional Development Training FY 2015 — FY 2016 Page 10 of 10 Breakthrough Leadership City of Bozeman HPO Leadership Group Letter of Engagement OCTOBER 26, 2016 OF I fir•; r'y f�,�ittll '"tet N_ ink' perform, iis9AKIN6 THF ID€A1- REAL Breakthrough Leadership Background Enhancing and sustaining the City of Bozeman's healthy, productive and service-oriented workplace requires the availability of highly skilled and self -aware leaders. Bozeman's HPO Leadership Group program aims to contribute to the building of such leadership talent by providing professional development to the city's top 30+ leaders. Like most leaders in any organization, the city's leaders value learning and development. However, given time constraints and demanding positions, they need to be assured that their professional development is immediately applicable and targeted at the actual leadership skills required for their jobs. Breakthrough Leadership will build a core set of relevant and practical skills that focus on building leadership capabilities (versus functional management skills like budgeting, safety or employee relations). This design document outlines a proposed structure and content for a series of Breakthrough Leadership workshops aimed at elevating leadership skills, knowledge and abilities across the HPO Group. Purpose Breakthrough Leadership is designed to: Develop skills for leading oneself to achieve work -life effectiveness. Expand knowledge and skills for leading others. Increase team and interpersonal effectiveness. Foster partnerships and collaborative opportunities for the HPO participants. Leadership Series Breakthrough Leadership includes a series of 10 two-hour workshops which bring together the 30+ HPO leaders who will participate together and commit to learning and application. The sessions would occur monthly, with a potential break over the summer. The workshops are designed to foster reflection, link newly acquired knowledge and skills to real-life leadership experiences, and support self-directed learning. The workshops provide the opportunity to: Learn and practice skills in a non -threatening environment with an emphasis on knowledge -building and application in real life. Confidentially discuss challenges and ideas with participants who share similar challenges and priorities. Test ideas before applying them on the job. Identify solutions to challenging situations through outside -the -box thinking. Network and collaborate with peers who are on similar yet unique journeys. Share best practices and receive support from others. City of Bozeman — Letter of Engagement 40ct2016 thi ekrform perform THE IDEAL REAL Breakthrough Leadership combines face-to-face interactive sessions with pre- and post -work to ensure the achievement of learning objectives and the continuous integration and transfer of the learning. think2perform's instructional approach At think2perform we use a learner -centered approach that actively involves adults in inquiry, communication, critical thinking and problem solving. The facilitator's role is to create a safe environment for sharing and insight; to introduce and debrief key concepts and learning activities; and to support the group in achieving the learning goals through self -reflection, application and peer interaction. A typical breakdown is: Coursework: primary mediums used include reading, viewing (e.g., video), lecture, assessments, discussion, and more. Interacting with others: peers and session facilitators Experience: workshop and post -workshop practice and reflection; learning on-the-job through application of learning concepts and skills Workshops include the following instructional strategies. Pre -workshop activities: Read/view and reflect on key learning topics; complete assessments and quizzes as assigned. At -workshop activities: Ice breaker/engagement exercises Application Check-Ins/Teach-Backs — review/reinforce previous learning on key topics; hold participants accountable for practice/application New information and content Large and small group discussion Practice of new skills and applying knowledge Post -workshop activities: Deliberate and regular practice of new behaviors for more effective integration Peer/boss mentoring/collaboration Professional coach support and accountability (optional) Self-awareness Tools A critical element of enhancing leadership effectiveness is deepening a leader's awareness of their impact on others, their strengths, and areas for growth. Derailment of leaders happens all too often when leaders are simply unaware of how their leadership is being received by their colleagues. To foster such self-awareness, a number of tools will be used throughout the process including Values Cards, Everything DISCI Workplace and Comparison Reports, and Situational Leadership 11 Leader Behavior Analysis. Optional assessments will be offered for an additional fee including EQi-Leadership (emotional intelligence) and 363 for Leaders° (360 - degree feedback). Individual debriefing of assessment results would be provided. 2 City of Bozeman — Letter of Engagement 40ct2016 think' perform Breakthrough Leadership Overview Content topics are for discussion purposes and will be tailored through collaboration with Chuck Winn and Bethany Jorgenson of the City of Bozeman. CORE TOPICS LEADING SELF Tools Alignment Model . Values clarification • Frame 1: Ideal Self (Moral Compass) . Optional: EQi-Leadership report • Frame 2: Goal Achievement -Self (What Do and debrief (emotional intelligence You Want For Yourself: WDYWFY) assessment) • Frame 3: Real Self (Thoughts/Feelings/Actions) • Emotional Intelligence — Sustaining Alignment LEADING OTHERS Tools • Situational Leadership II • Situational Leadership II workbook • Everything DISC® Workplace • Everything DISC® Workplace • Feedback: Giving and Receiving profile • Team Effectiveness • Team Effectiveness assessment • Goal Achievement — Others 3 City of Bozeman — Letter of Engagement 40ct2016 thiperform AKING THE IDEAL REAL Suggested Implementation Note: Each 2 hr. session will include application activities to be completed between sessions. Month TOPIC 1 . Leadership Development Overview • Alignment Model Review • Emotional Intelligence — Deepen Knowledge • EQi-Leadership Assessments* 2 • Application Check -In • Goal Achievement - Self 3 . Application Check -In • DiSC® Workplace — Pt. 1 4 • Application Check -In • Situational Leadership II — Pt. 1 5 • Application Check -In • DiSC® Workplace — Pt. 2 6 . Application Check -In • Situational Leadership II — Pt. 2 7 • Application Check -In • Feedback: Giving and Receiving 8 . Application Check -In • Team Effectiveness 9 • Application Check -In • Review/Reinforce Learnings To -Date 10 . Application Check -In • Goal Achievement — Others City of Bozeman — Letter of Engagement 40ct2016 think;perform A -NG THE IDEAL REAL * Optional: For select leaders, an EQi-Leadership assessment which measures emotional intelligence in the context of leadership could be utilized. Note: Two additional sessions could be added (or some sessions extended in time) to further increase the odds that key knowledge and skills are integrated into daily leadership behaviors. Participant Materials Participant Guides/Handouts will be provided which include key content, note taking instruments, and worksheets. Online Resources Participants will have free and unlimited access during the program to think2perform's online client -only resources including our audio/video library and customizable "dashboards" for: • Values • Goals • Key Activities • Development Reminders and Assessments Development implementation and Investmer Development It is think2perform's intent to customize its Breakthrough Leadership series to best fit the culture and learning needs of the HPO participants and the overall HPO program. Thus, the topics identified above and the structure of the series (# and length of sessions) is subject to change based on collaboration with Chuck and Bethany. Implementation The workshops will be facilitated by Dave Meldahl of think2perform. We are open to partnering with other qualified City of Bozeman staff in the facilitation process as appropriate. Investment Developing leaders is an investment in the near and long-term health of an organization. Effective leadership development such as Breakthrough Leadership helps avoid turnover expenses, enhances employee productivity and engagement, and deepens the loyalty of top - performing leaders who see the organization investing in their growth. The net effect is a positive return on investment and return on people and their growth. 5 City of Bozeman — Letter of Engagement 40ct2016 thi ekform perform THE IDEAL REAL The investment required to implement Breakthrough Leadership for the City of Bozeman is: • $12,200 for planning, customization of content, workshop facilitation and follow-up • $170 per person for materials and assessments • Optional: EQi-Leadership assessments and 1 hr 1:1 debrief of results: $400/pp • Optional: Adding additional two-hour workshops would be billed at the reduced rate of $1,000/workshop. • Travel expenses as approved and incurred, consistent with the City of Bozeman's travel reimbursement policies (no travel is currently planned) • Printing expenses, as incurred Payment Terms Upon written acceptance of this proposal, think2perform will invoice the City of Bozeman a 25% down payment of $3,050 plus $5,100 for thirty participants' materials ($8,150 total down payment), and will invoice the remaining 75% ($9,150) over three monthly installments of $3,050, plus any remaining per person materials fees (above the 30 paid for initially) and/or additional workshops. These payment terms may be modified as mutually agreed upon. The City of Bozeman agrees provide facilities, food and equipment for the workshops consistent with City policies. Invoices can be paid by check or credit card and are due within 30 days. Amounts exclude approved out-of-town travel expenses (none are expected) and any additional tools or support mutually agreed upon during the engagement. Invoices for printing expenses or implementation of any Optional services noted above will also be due within 30 days. The engagement may be terminated by either party upon 30 days' notice. If the engagement is discontinued prior to full execution of the work, the City of Bozeman agrees to compensate think2perform for work and materials delivered to that point. Why think2perform? think2perform is a leader in the field of leadership development and performance enhancement. Our methodology helps individuals make better behavioral decisions aligned with personal values and goals, and the values and goals of their organizations - even in the face of competing emotions and pressure. Our proven track record is grounded in the unique combination of: Senior executive level coaches and facilitators dedicated to providing superior service and knowledgeable guidance. Our team members have lived, studied and advised on the topics of leadership, teamwork, sales, and personal development at the highest levels of corporate America. Unique, research -centric programs based in neuroscience, leadership strategies and business "best" practices. 6 City of Bozeman — Letter of Engagement 40ct2016 think"�` perform • Active membership in the Consortium for Research on Emotional Intelligence in Organizations, which is chaired by EI expert and author Daniel Goleman. We are one of only four organizational (non-academic), application -focused members of the Consortium. • Award-winning delivery and service of Everything DiSCO and The Five Behaviors of a Cohesive Team assessments and interventions. • Accountability and actionable activities designed to engage participants during delivery and reinforce sustainable, long-term professional development. • A results -driven perspective that delivers transformative methodologies to unleash the highest potential of individuals and teams to sustainably strengthen organizations. Joint Accountabilities Before our work: I commit to making this work a priority by dedicating time for you on my calendar, to prepare for our work, and to get necessary prep materials to you. You should seek commitment from participating team members to the workshops, make time and space for the workshops and their related pre -work in your schedules, and arrange for appropriate workshop space and equipment (LCD projector, screen and 4 flip charts with markers). During our work: My job will be to manage the above Approaches so they meet with your expectations and satisfy your objectives. From you and your teams, I will need a commitment to prepare for the workshops, to be responsive to information requests, and to provide the logistical and printing support needed. After our work: I will be available to you for clarification questions on topics that fall within the scope of the original engagement as well as reasonable support or guidance on things that come up after the engagement has concluded. From you, I request a promise to support the integration of the workshop learnings through consistent and effective follow up so that you see the fastest possible results. And, if satisfied, you will provide a written testimonial regarding think2perform's support and permission for think2perform to use your name and testimonial in our marketing materials. Acceptance by the City of Bozeman: (Please email scanned signature page to dmeldahl@think2perform.com) Printed Name Signature Title Date 7 City of Bozeman — Letter of Engagement 40ct2016 thi eOrform perform IDEAL REAL think2perform Baker Building, Suite 271 706 Second Avenue South Minneapolis, Minnesota 55402 www.think2perform.com 612-843-5000 Dave Meldahl dmeldahl(a)think2perform.com 406-587-5884 City of Bozeman — Letter of Engagement 4Oct2016 think -5' form perform IDEAL REAL