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HomeMy WebLinkAbout9E Council Retreat ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 27, 2017 AGENDA #: 9E PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONSULTANT FOR THE RETREAT, RETREAT COST, AGENDA AND TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER THE CITY’S STANDARDIZED CONTRACT DISCUSSION: Introduction The purpose of this agenda item is to seek city council approval of the consultant, contract retaining the consultant, cost and agenda for the March 31, 2017 city council retreat. History At the city council’s annual meeting the council concluded that it wanted to conduct a retreat in the first quarter of this year to promote effective relationships among council members and between the city council and staff. The city council selected Friday, March 31 as the retreat date and Lakefront Park Pavilion as the location. The staff was directed to work with one or more consulting firms to identify an agenda and schedule. Current Circumstances The staff received proposals from Ethical Leaders in Action and Craig Rapp LLC (both are attached). Craig Rapp is a former city manager who has also worked for the League of Minnesota Cities and the International City Manager Association. Chad Weinstein is the principal for Ethical Leaders in Action. His firm has done a considerable amount of work for area municipalities-most recently with the City of Willmar. Weinstein has also done consulting work with the SMSC. The staff recommends the selection of Mr. Weinstein and Ethical Leaders in Action for the following reasons: His recent work with the City of Willmar addressed many of the issues to be included in our discussion. His references from this work were good. His proposal includes two consultants. The second consultant is valuable when subgroup exercises are undertaken. The Weinstein proposal is modestly less than the Rapp Proposal. Weinstein proposes not to exceed $5,000 except for out of pocket expenses while the Rapp proposal is $5,550 using one consultant. Attached for city council information is a proposed session outline from 9:00 am to 6:30 pm. The main focus of the retreat is on: City Council as a Work Team City Council and Staff Expectations Vision for Prior Lake Comprehensive Planning 2017 Goals The retreat would include working lunch and at the end of the day social hour and dinner. The consultant will prepare a memorandum documenting conclusions and decisions reached during the retreat. If there are “next steps” identified during the retreat they would be addressed here. ISSUES: Most cities do conduct an annual retreat with city council only or city council and department head staff. This is especially important when a new city council takes office. There is a great deal of work to be done by the city council and staff. It is important that each group alone and both groups together are effective in addressing the challenges before us. The retreat is a good way to give this effort the right start. The capabilities of the consultant are well known and the city council and staff have had some opportunity to work with one another. So, this is an excellent time to conduct the retreat. FINANCIAL IMPACT: The retreat timeline is brief but very aggressive. City facilities are utilized to minimize costs. Food will be delivered to keep costs down as well. It is expected that the total cost of the retreat will not exceed $6,000. This amount would be charged to the 2017 city council budget. ALTERNATIVES: 1. Motion and second to approve the consultant for the retreat, retreat cost, agenda and authorize the mayor and city council to enter the city’s standardized contract with Ethical Leaders in Action to conduct the retreat. 2. Motion and second to table this item for additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION APPROVING A CONSULTANT FOR THE RETREAT, RETREAT COST, AGENDA AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER THE CITY’S STANDARDIZED PROFESSIONAL SERVICES CONTRACT Motion By: Second By: WHEREAS, The City Council and staff have periodically conducted a retreat; and WHEREAS, The retreat will address the challenges before the City Council and staff; and WHEREAS, The retreat will provide guidance to address work as a team, expectations, Prior Lake’s vision, comprehensive planning, and 2017 goals; and WHEREAS, The city has received two proposals to complete the 2017 city council and staff retreat. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1.The recitals set forth above are incorporated herein. 2.Ethical Leaders in Action are hereby authorized to conduct a retreat for an amount of $5,000 plus out of pocket expenses. 3.Funds for this purpose shall be drawn from the 2017 City Council budget account 101- 41110.00-53310.10. 4.The Mayor and City Manager are hereby authorized to execute the City’s Standardized Professional Services Contract to accomplish this work. PASSED AND ADOPTED THIS 27th DAY OF FEBRUARY, 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐☐ ☐ ☐ ☐ Absent ☐☐ ☐ ☐ ☐ ___________________________ Frank Boyles, City Manager P.O. Box 14714 Minneapolis, MN 55414 www.ethinact.com February 21, 2017 Mr. Frank Boyles, City Administrator City of Prior Lake 4646 Dakota St. SE Prior Lake, MN 5537 RE: Proposal to Facilitate City Council Retreat VIA EMAIL Dear Mr. Boyles, Thank you for your interest in engaging Ethical Leaders in Action (ELA) to facilitate the upcoming city council retreat for the City of Prior Lake (“City”). This letter is presented as a concise proposal to do that work. Situation Summary and Project Objectives The primary goal of this retreat is to prepare the elected leaders to work together effectively as a city council and mayor. This includes building greater familiarity and reinforcing mutual respect among the elected officials. It also includes establishing shared expectations for interactions and conduct, both among elected officials and between those officials and City staff members. Our work will also develop a clear and common understanding of the roles of elected leaders with respect to city staff and vice versa. Important secondary objectives of the retreat are: to establish a shared strategic vision for the City, to discuss 2040 Vision, to determine the scope of probable amendments before the all-community work session and to identify initiatives of interest to councilors and to provide a high-level description of those initiatives. This retreat is in no way remedial; there are no major “problems” to be solved by our work together. Rather, our aim is to set up the councilors and mayor for success in their roles as elected representatives of a common constituency, as civic leaders and as team members. A preliminary draft agenda is attached as an addendum to this proposal. It is based on our recent conversation and consistent with the above goals. The role of the facilitators will be to guide and stimulate the group, working together to generate sound, agreed-upon conclusions through constructive discussion. Project Approach and Parameters As facilitators, we need to be familiar with the City and to be aware of the goals and concerns of your elected officials. We will prepare by inviting the mayor and each councilor to be interviewed by a facilitator by Ethical Leaders in Action Proposal to Facilitate City of Prior Lake Council Retreat Page 2 telephone. We intent to conduct these interviews in the two weeks immediate preceding the retreat, for maximum relevance. As noted above, one goal of the retreat is to achieve shared understanding of the respective roles of elected and staff leaders. Specifically, we want elected officials to hear what staff members need from them in order to be successful, for staff members to hear what elected officials need from them, and for all parties to agree upon shared commitments to guide their respective relationships. To prepare for this aspect of the retreat, we will work with you to facilitate a meeting of City staff leaders to discuss their concerns with respect to interaction with elected officials, and to develop a statement of their relevant desires, concerns, and proposed commitments. Staff members will be invited to join the retreat to hear the perspective of elected officials, to share their perspective, and to agree upon shared commitments. They may also stay to discuss subsequent topics at the discretion of the City. During the retreat, we will actively facilitate sessions using techniques that balance the needs for: Timely progress toward defined objectives. Creativity in idea generation and in problem-solving. Analytical and critical thinking. Participants who listen to, and are fully heard by, one another. Strengthening the cohesion of the council as a team, largely by working together. Strengthen effective relationships and mutual respect between staff and elected leaders. We expect to lead the group to think more broadly at some times, and to narrow their focus at other times. As facilitators, we will work to maintain an environment of respectful candor and constructive engagement for all participants. The primary value of ELA’s engagement is in the retreat process itself. We will also present a written deliverable, a summary of retreat outcomes, primarily content captured during the sessions. The retreat will be held on March 31, 2017 in Prior Lake. We will submit the final deliverable on or before April 4, 2017. Project Staff The project will be conducted by Charles Weinstein and Martin Scheerer of Ethical Leaders in Action. Weinstein and Scheerer will co-facilitate the session and co-author the deliverable document. Weinstein will facilitate the city staff preparatory meeting. Interviews will be conducted by either Weinstein or Scheerer. Fees We propose a fixed fee of $5,000 for this project, which includes all professional labor. Fees do not include out-of-pocket expenses; we will ask the City to duplicate some working documents for participants, and we will not charge for travel to Prior Lake. Beyond that, we do not anticipate additional expenses. Any other incidental expenses would be approved by you, in advance, and would be invoiced at actual cost. We propose to invoice the City for fees (and any expenses) upon submission of the deliverable, and ask that payment be due upon receipt of the invoice. Ethical Leaders in Action Proposal to Facilitate City of Prior Lake Council Retreat Page 3 Conclusion Thank you for considering ELA as a resource for the City of Prior Lake. We are open to modifying our approach to best meet the needs of the City. We are likewise pleased to provide any additional information upon request. We are prepared to begin work on this project upon your written acceptance of this proposal (email will suffice). Very truly yours, Charles A. Weinstein, Ph.D. President Ethical Leaders in Action, LLC Addendum Ethical Leaders in Action Proposal to Facilitate City of Prior Lake Council Retreat Page 4 Proposal Addendum: Draft Agenda This proposed agenda is presented for discussion purposes only. Before the Retreat: ELA interviews all councilors and the mayor by telephone (subject to their desire to participate). ELA facilitates City staff meeting to develop a statement of their proposed commitments and requested commitments from elected officials. ELA prepares presentation slides; City duplicates slides into handout for participants. Retreat: March 31, 2017 Lakefront Park Pavilion Setup: U-shaped table configuration; include chairs to accommodate staff leaders for afternoon. Projector and screen Flip chart with self-adhesive pages 9:00 AM Welcome/Goals (Mayor and City Administrator; Expectations shared by each Councilor) 9:20 Becoming a Highly Effective Team (led by facilitators) 10:15 Interacting with City Staff (Council Discussion led by facilitators) 10:45 Break 11:00 City staff joins meeting. Continued discussion about shared expectations. 12:00 Working lunch brought in 12:15 Discussion: What is the role of an elected representative? 1:00 Presentation/Discussion: Comprehensive plan update and issues (led by City Staff) 2:00 Vision and Initiatives (Led by facilitator) 4:30 Conclusion; working session adjourned 4:45 Reception and Dinner 6:30/7:00 Departure Following Retreat ELA compiles memorandum to City Administrator documenting conclusions and decisions reached during retreat. City Administrator and ELA confer by telephone to debrief and explore any next steps. Standard Professional Services Contract This Contract (“Contract”) is made on the 27 day of February, 2017, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Ethical Leaders in Action, a Minnesota (hereinafter "Vendor") whose business address is PO Box 14714 Minneapolis, MN 55414. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for a City Council Retreat hereinafter referred to as the "Work". The City and Vendor agree as follows: 1.Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor’s proposal and/or general conditions. 2.Term of Contract. All Work under this Contract shall be provided, performed and/or completed by April 14, 2017. 3.Compensation for Services. City agrees to pay the Vendor a fixed sum of $5,000 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4.Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5.Staffing. The Vendor has designated Chad Weinstein and Martin Scheerer to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6.Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. 7.Insurance. a.General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b.Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims Standard Professional Services SHORT 2014 Page 2 of 3 for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 14. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Standard Professional Services SHORT 2014 Page 3 of 3 15.Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 16.Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 17.Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18.Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 19.Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 20.Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF PRIOR LAKE __________________________________ Mayor __________________________________ City Manager VENDOR By: _______________________________ Its: _______________________________