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HomeMy WebLinkAbout10/02/1990, C-3 - ORGANIZATIONAL DEVELOPMENT PROGRAM FOR UTILITIES DEPARTMENT MEETING DATE: city O� San LUIS OBISPO October 2, 10 OftiMs COUNCIL AGENDA REPORT STEM NUMBER 99 r FROM: William T. Hetland PREPARED BY: Cassidy Rowland, Utilities Director Administrative Analyst JJ SUBJECT: Organizational Development Program for Utilities Department CAO RECOMMENDATION: By motion, approve and authorize the Mayor to execute an agreement with Robert H. Simmons, Ph.D., in an amount not to exceed $27,000, for an organizational development program. DISCUSSION: At the regular meeting on January 31, 1989, City Council approved, by motion, the new Utilities Department structure and Reorganization Plan. Integral to the reorganization was the commitment for staff development programs to enhance staff skills and job knowledge. As the implementation of the new department progressed, the need for a comprehensive department-wide program to address issues and problems, inherent in such an extraordinary change, was recognized. In March, 1990, the consulting firm of Dr. Robert Simmons was contracted to complete an organizational assessment as a first step in this program. The assessment evaluated the current organizational health of the Utilities Department in order to establish the strengths of the department and the areas in need of further development. The proposed program is based on the Utilities Department's Health Profile, as completed by Dr. Simmons, and is the second step of the overall organizational development effort. It targets leadership, change, management, human dynamics, and values implementation at both the Management and Staff levels. The overall goal is to help provide, maintain and enhance the Utilities Department's ability to create a more productive, rewarding and personally enhancing place to work while being successful at j fulfilling its required mission. Measurable outcomes to expect include improved staff morale, and decreased turn-over and absenteeism, resulting in higher productivity and work output for the department and the City. i i The program involves workshops, attended by all members of the department, and Management Team Development Sessions, limited to the managers and supervisors. j Currently, there are 53 employees in the Utilities Department consisting of 10 managers/supervisors and 43 line personnel; the large group size is necessarily reflected in the training staff ratio, and therefore, program costs. The third component of the program, consisting of a management group retreat and j periodic management seminars, will follow near the conclusion of this program. The point in time for this component will be determined by the progression of the second phase and will be addressed at that time for funding. City of SAn LUIS OBISpo COUNCIL AGENDA REPORT Organizational Development Page 2 CONCURRENCES: The Personnel Department, the Finance Department and the City Attorney's Office concur with the recommendations in this report. FISCAL IMPACT: Total estimated cost for the program is as follows: Staff Program $149310.00 Management/Executive Group $10,215.00 i Subtotal $24,525.00 Contingencies, materials (10%) $2,475.00 Total $27,000.00 Actual billing will be on a time basis of $90.00 per hour. Contingencies may include coordination conferences and other types of meetings on an as needed basis for a total not to exceed $1,000; in addition, the Utilities Department will be responsible for supplying all materials, including reproductions, estimated to be $1,475 for the program. To date, a total of $9,385, funded through Personnel Department Ventures and Contingencies Fund, has been expended for the Utilities Department Organizational Development Program. This second phase will bring the total to $36,385 for the project. Staff recommends funding through the department's carry-over balances, to be distributed between Water and Sewer Funds. Therefore, $13,500 is apportioned to the Water Fund, currently with a carry-over balance of $574,600 and $13,500 is apportioned to the Sewer Fund, currently with a carry-over balance of $222,800. Carry-over funds exist in both enterprise funds due to salary savings in various programs. Attachments: Agreement, Exhibits A, B I I �3',Z ORGANIZAT[ONAL DEVELOPMENT PROGRAM EXHIBITS A and B For the Utilities Department CITY OF SAN LUIS OBISPO 955 Morro Street P.O.Box 8100 San Luis Obispo, California 93403-8100 by Robert H. Simmons, Ph.D. September 9, 1990 Consultant to Individuals and Organizations 1422 Monterey Street, Suite C - 100 San Luis Obispo, California 93401 (805) 543 3556 © Copyright 1990 Robert Harrison Simmons G x'3-3 EXHIBIT A A TRAINING and DEVELOPMENT PROGRAM for City of San Luis Opisbo Utilities Department OBJECTIVES This program is designed to help provision, maintain and enhance the Utilities Department as a significant provider in respect to the health and livelihood of the citizens of the City of San Luis Obispo. The Organizational Development Program is designed to encourage the staff to become fully involved in creating a more productive, rewarding and personally enhancing place to work. These are the objectives for the organizational development program for the City of San Luis Obispo Utilities Department. 1. To achieve excellence in employee performance and optimize creative energy to help maximize high quality service and productivity. 2. To develop a shared sense of the City of San Luis Opisbo Utilities Department mission. 3. To develop interpersonal understanding so as to encourage open, honest, straight-forward communication. 4. To develop safe and effective ways to deal with emotional tensions that impede effective office practice,productivity and by such an effort obtain increased personal and organization- al health. 5. To enhance and develop effective teamwork, which includes among other things, effective interpersonal style, enhanced communication, well understood role relationships, stress reduction, effective conflict resolution and negotiation skills. 6. To develop ways of solving on-going daily problems that affect work-flow, record keeping, telephone practice, communication, office procedures, time management requirements, etc. 7. To develop high quality interpersonal skills to help make the City of San Luis Obispo Utilities Department a productive, effective and joyful place in which to work 8. To serve the career growth needs of each employee. 9. To encourage all involved to create a very distinctive city department that is a satisfying place to work while being successful at fulfilling their required mission. 10. To develop a department that will take pride in the work performed and become an outstanding example of how an effective public service can serve it's citizens with dignity and distinction. eu_ The following components of training and development will be included.in the program.These will be delivered through a management and staff training effort. . TARGETED ORGANIZATIONAL DEVELOPMENT COMPONENTS 1. LEADERSHIP 1. Introduction,assessment and modification of the departmental culture so as to build on the strengths that exist within the department and respond to the changes that are required. 2. Augment management style to include situational and participative management skills. 3. Develop more effective interpersonal communication skills. 2. CHANGE 1. Leadership training is essential for top and middle management. 2. Management development. 3. Communication enhancement. 4. Team building. 5. Development of effective meeting skills. 6. Introduce effective participative decision processes. O7. Introduce employee resourcing - innovation management. 3. MANAGEMENT 1. Introduce contemporary management practices.. 2. Enhance the effectiveness of the management team. 3. Enhance, augment and adjust management.style. 4. Resource the talent that is latent within the staff. 5. Introduce management debriefing and review techniques. 6. Implement an effective management development effort that addresses the staff suggestions found within the OHP Analysis. 4. HUMAN DYNAMICS 1. Address and reduce the level of anger and fear within the organization. 2. Provide an informational system for the organization as a whole.. 3. Provide safety so information elicited is not used against line staff. 4. Repair and enhance the levels of trust within the Department- 5. Modify and enhance management practice. 6. Enhance the organizational culture to be cooperative and supportive. 7. Develop effective ways of managing tension and stress.. Cti 2 �3-s S. Develop effective ways to safely address the emotional issues that percolate within the organizational dynamics. 9. Address the issues of discontent in healthy and safe ways. 10. Develop cooperative communication skills. 11. Provide training in conflict resolution. 12. Develop, teach and coach cooperative communication skills. 5. VALUES IMPLEMENTATION 1. Provide training in conflict resolution. 2. Provide training in communication skills. I Develop effective participative decision making; introduce the Power Cycle Decision System. 4. Develop training in contact with the citizen in these increasingly difficult times of water scarcity. 5. Enhance communication skills between citizen and employee. 6. Understand and address the communication nexus between citizen,citizen as client and the staff. THE PROJECT TEAM: Project Manager: Robert H. Simmons,Ph.D. Other organizational development specialists will be utilized on an "as needed"basis. The selection of these organizational development specialists is determined solely by the Project Manager, Dr. Robert H. Simmons, Ph.D. Interns and observers are welcome to the Staff Development meetings and these persons will be determined cooperatively with the Project Manager and the Director of the Utilities Department. 3 L'3-� O THE ORGANIZATIONAL DEVELOPMENT PROGRAM The Management Development Program There are three primary areas that the organizational development program will address: First, a management team development program will address leadership style and management structure and process. Second,the management development component will implement a management team- building effort and refine on-going management practices. Third, attention will be directed to enhancing the structure and process of the Executive Team. Segment One: Management Team Development This is an important transition time for the management team of the department. Management practice must now metamorphose from the entrepreneurial style so effective at the beginning of the Departments's founding to the implementation of situationally determined management practices. A. Program Coordination Conferences These are periodic conferences to guide, administer, plan and problem-solve during the implementation and conduct of the organizational development efforts. Conference Time Three hours per Quarter Total Hours - 12 hours B. Development of the Management Team This combines the Management and Supervisory Teams into an effectively functioning management group. This segment will encompass ten combined sessions including the Director, the two Managers, the Utilities Engineer,the Administrative Analyst, the five front-line Supervisors and the Water Conservation Coordinator. It will include sessions that focus upon building a winning management team, developing an effective management style,leadership effectiveness,developing management skills in the area of performance appraisals, team effectiveness and. effective organizational decision making. These meetings are two and.one-half hours in length. Preparation Time - 20 hours On-site Training Time - 25 hours [One Developer Required] Total Hours - 45 hours O4 Segment Two: Executive Team Development: (5 Workshops) This segment centers upon the particular responsibilities and functions of the executive team. The aim of these meetings will be to focus on the distinctive requirements of the executive team functions. This will fine-tune the Executive Team's skills,behavior and responsibilities that are relevant, even critical to effective management practice. This effort will furnish the pertinent and appropriate information and experiences that are the successful ingredients of sound and robust management practice.The goal of this development segment is to augment current executive management practice with enhanced management proficiency. The Executive Team: These development workshops will focus upon developing the management planning, supervision,leadership and problem-solving skills required to accomplish the organizational mission.These skills are significantly different from technical competence.These.include five two and one-half hour workshops. Preparation Time - 10 hours On-site Training Time - 12.5 hours [One Developer is required] Total Hours - 22.5 hours Management Coordination Conferences These conferences will be utilized on an as needed basis and will focus on conflict resolution, -� mediations, and coordination requirements. This will involve individual and group conferences as needed. Preparation Time - 4 hours On-site Conference Time - 12 hours (three hours per quarter) Total Hours - 16 hours Segment Three: Implementation - Effective Management Process A. Applications to the Management Team This component includes hands-on guidance,coaching and implementation of the skills and learning within the OD program to the management team. It includes establishing good meeting structures and processes and the application of the power cycle decision system to management practice. On-site Guidance Time - 18 hours [3 hours per month for six months] Total Hours - 18 hours [one developer required] 3 G '��O r' The Staff Development Program A. Overview of The. Staff Development Program A seven segment training and development program encompassing twelve workshops and a concluding all day workshop. This includes: (1) Personality Profiling, (2) Introduction to Communication Enhancement(four workshops,)(3)Introduction to Participative Decision-making (two workshops,)(4)Introduction to Dealing with Feelings,(5)Introduction to Team Building(two workshops,) (6) Introduction to Conflict Resolution - Clearing-up Old Emotional.Business (two workshops) and concluding with (7) a Retreat that will focus upon and integrate the material identified in the objectives. Each workshop in this phase is three hours in length. [These segments will utilize two developers) The program is designed to proceed over a sufficient period of time to conduct the training workshops and coach the skills taught into effective use. It will conclude with an all day intensive effort that integrates the entire experience and centers upon the provisioning of emotionally safe communication skills for the on-going conduct of office business.It will include all management and staff personnel within the department. On occasion it is necessary to conduct additional activities to assist the success of the organizational development program and to enhance and strengthen those efforts. These activities include mediations and special focus efforts. These special concerns, for example, may be such items as development of office policy for.items such as quality standards for service to the citizens, public relations,workflow,crisis management and hands on conflict resolution.These frequently cannot be anticipated but are outcomes of successful organizational transformational efforts. If any of these activities appear necessary they will be.fully defined;recommended and approved in advance by the Department Director. When such activity may be necessary it will be billed at the rates established in the development program. On occasion, as well, it is sometimes necessary to vary the order of the workshops and introduce special focus workshops that address immediate issues that arise during the development efforts. These will be identified, defined, recommended and approved in advance by the Director of the Utilities Department. The general design for the staff development program is as follows. This may be altered, ,as necessary, to meet any exigencies that arise. B. Staff Development Program Design Segment One: Personality Profiling (One Workshop) Personality profiling enhances understanding, communication and team-effectiveness. It is a remarkable and safe experience that is both fun and effective. It contributes to interpersonal understanding and helps create a safe and trusting environment for communication. O6 Preparation Time- 2 hours - On-site Training Time - 3 hours [Two Developers Required - 10 hours] Total Hours - 30 hours Segment Two: Introduction to Communication Enhancement Training(Four Workshops) This encompasses training,coaching,adaptation and integration of effective communication skills that contribute, among other things, to more skilled interpersonal effectiveness, to building trust, and increased personal effectiveness. This segment also includes an introduction to power uses and abuses,skills in improving problem-solving and increasing productivity.The organizational culture will be identified, assessed and modified. Preparation Time - 10 hours On-site Training Time - 12 hours [Two Developers Required on-site - 44 hours] Total Hours- 44 hours Segment Three: Introduction to the Power Cycle Decision System (Two Workshops) This segment utilizes previous training to focus on significant office issues and seeks to resolve issues which then provide opportunities to set a team agenda for productive and effective work. It centers on the development of a decision system that may be used immediately to focus upon activities amenable to cooperative participation and by that obtain the full commitment of the participants to get the results sought. This is an exceptionally helpful tool that contributes to a cooperative and productive office. I I Preparation Time - 4 hours On-site Training Time - 6 hours [Two Developers Required - 20 hours] Total Hours - 20 hours Segment Four. Introduction to Dealing with Feelings This workshop is concerned with provisioning skills to deal with strong feelings in emotionally safe, healthy and effective ways. It is a safe experience that centers upon skill building and builds upon the previous communication enhancement workshops. This is an essential workshop to establish a productive and cooperative organization. Preparation Time - 2 hours On-site Training Time - 3 hours [Two Developers Required - 10 hours]. Off-site Video with one developer - 5 hours Total Hours - 15 hours Segment Five: Introduction to Team Development (Two Workshops) These two workshops encompass team development and enhancement, information sharing and focused team experiences and training. These activities contribute to increasing levels of trust and 7 \_ augmenting teamwork skills. This, in turn, enhances communication effectiveness and productivity Ci within established work groups. Preparation Time - 4 hours On-site Training Time - 6 hours [Two Developers Required - 20 hours] Total Hours - 20 hours Segment Six: Introduction to Conflict.Resolution (Two Workshops) These two workshops will help to acquaint team members with their own and each other's conflict style. It will introduce safe conflict resolution techniques. This is an essential workshop to help establish a safe, cooperative and productive office. It provisions effective skills to address issues within an office setting that are often never challenged and so drain energy and interfere with personal effectiveness. Preparation Time - 4 hours On-site Training Time- 6 hours [Two Developers Required - 20 hours] Off-site video with one developer - 10 hours Total Hours - 30 hours Segment Seven: One-half Day Retreat:.Putting It All Together This is the concluding experience.and is generally a celebration of the transformation that has taken place during the training program. It is an integrative experience designed to facilitate the commitment to the new organizational culture and ambience. It will advance the utilization of the tools, skills and learning encompassed in the development program. Preparation Time - 4 hours Retreat Site Training Time - 6 hours [Two Developers Required - 20 hours] Total.Hours 20 hours O $ EXHIBIT B The Organizational Development Program Utilities Department BUDGET The Management Development Program Segment One: Management Team Development A. Program Coordination Conferences Total Hours - 12 hours $1080.00 B. Development of the Management Team Total Hours - 45 hours $4050.00 Segment Two: Executive Team Development: (5 Workshops) The Executive Team: Total Hours- 22.5 hours $2025.00 Management Coordination Conferences Total Hours - 16 hours $1440.00 Segment Three: Implementation - Effective Management Process A. Applications to the Management Team Total Hours- 18 hours $1620.00, Total Costs of The Management Development Program $10,215.00 Staff Development Program Segment One. Personality Profiling (One Workshop) Total Hours - 10 hours $ 900.00 Segment Two: Introduction to Communication Enhancement Training (Four Workshops) Total Hours -44 hours $3960.00 Segment Three: Introduction to the Power Cycle Decision System (Two Workshops) Total Hours -20 hours $1800.00 9 ,, Segment Four: Introduction to Dealing with Feelings Total Hours - 15 hours $1350.00 Segment Five: Introduction to Team Development (Two Workshops) Total Hours - 20 hours $1800.00 Segment Six: Introduction to Conflict Resolution (Two Workshops) Total Hours - 30 hours $2700.00 Segment Seven: One-half Day Retreat: Putting It All Together Total Hours- 20 hours 1800.00 Total Costs - Staff Development Program $14,310.00 Total Costs- Staff Development Program $14,310.00 Total Costs - Management/Executive Development Program $ 10,215.00 TOTAL OD PROGRAM COSTS $24,525.00 O 10 C�3-/3 U" -- CONSULTANT SERVICE CONTRACT (A130-90-CC) This contract, made this 2nd day of October , 1990, by and between the City of San Luis Obispo, California (hereinafter referred to as "City") , and Robert H. Simmons, Ph.D. , (hereinafter referred to as Consultant") . WITNESSETH: WHEREAS, the Utilities Department has completed an Organizational Health Profile in which it was determined that further Organizational Development programs would be of benefit; WHEREAS, City desires to engage consultant to provide Organizational Development services by reason of its qualifications and experience for performing such services; WHEREAS, Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. city. The ,;Director ; .. of Utilities shall be the representative of the . City for all purposes under this agreement. The Director, or designated representative, hereby is designated as the Project Manager for the City and shall supervise the progress and execution of the project under this agreement. b. Consultant. Consultant shall assign a single Project Manager to liaison _with the City's representative. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager replacement shall be subject to the prior written acceptance and approval of the Attorney. Consultant's Project Team is further described in Exhibit "A", attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except bypriorwritten approval of City. Such approval shall not be unreasonably withheld by the City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1 A-130-90-CC b. Laws to be observed. Consultant shall to the extent of its abilities: (1) Procure all permits and licenses, pay charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above.. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to ` any plans, drawings, specifications or provisions of: this agreement. C'.. Release of reports, and information. Any reports, information, data or other material given to, or prepared or assembled by, Consultant. under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. The Consultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement during the project and may reproduce design information after it has become public information or upon completion of this project. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other- material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultantforthe costs of duplicating of such copies at Consultant's direct expense. e. Oualification of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 2 i 3. DUTIES OF CITY The City agrees to cooperate with consultant to perform that work described in Exhibit "A" attached hereto and incorporated by this reference. 4. COMPENSATION a. The Consultant will perform the work as described in Exhibit "A" and Consultant agrees to accept compensation in accordance with the schedule set forth in Exhibit "B". b. Consultant will bill City on a monthly basis for services performed during that month. City will pay this bill within 30 days of receipt. S. TIME FOR COMPLETION OF THE WORK a. Project shall be completed in 24 months from date of execution of this agreement by City. b. Time extensions may be allowed for delays caused by City, or factors not directly brought about by the negligence or lack of due care on the part of the consultant. ' G. 'TEMPORARY SUSPENSION The Public Works Director shall the authority to suspend this agreement wholly or .in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION/TERMINATION a. Right to Terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree,- then gree;then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of Materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and 3 other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of complete documents if used for other than the project contemplated by this agreement. Consultant maintains owenership interest over copyrighted material. 8. INSPECTION Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance . with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. OWNE"HIP_OF MATERIALS All original drawings, models, plan documents and other materials prepared by or in possession of Consultant pursuant . to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. The consultant may retain a reproducible copy for their records. Consultant maintains ownership interest over - copyrighted materials. 10. ASSIGNMENT: SUBCONSULTANTS: EMPLOYEES This agreement is for the performance of professional services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. It is understood by the City that the Consultant shall retain the services of Subconsultant as identified in Exhibit A. 11. NOTICES To City: William T. Hetland, Director Utilities Department City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 To Consultant: Robert H. Simmons, Ph. D. 1422 Monterey Street, Suite C-100 San Luis Obispo, CA 93401 4 12.. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor- or person having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not An agent or employee of City. 13. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers agents, and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents; or employees occupied or used by or in the care, custody or control of Consultant, or property of others, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of or damage to property suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights- or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and 5 e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. d. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. 14. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the .Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake -self-insurance in accordance with the provision of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE At the request of the City, Consultant shall provide proof of comprehensive general liability insurance ($110001000 including automobile) and professional liability insurance ($1, 000, 000) satisfactory to the City. City shall be an additional named insured. 6 16. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due. hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce. the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 19. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of Consultant Service Agreement California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance 'of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two- hundred-fifty Dollars ($250) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. 7 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. CONS 41 r By: Robert H. tllmons, Ph.D. CITY OF SAN LUIS OBISPO 41 BY: - �Mayor Ron Dunin ATTEST BY: ` sis ant ty Clerk Rim Condon 8