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HomeMy WebLinkAboutSnow & Associates, Inc. - 2023-01-19 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SNOW & ASSOCIATES, INC. FOR DEVELOPMENT AND IMPLEMENTATION OF CUSTOMER SERVICE TRAINING PROGRAM THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Snow&Associates, Inc., hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to develop and implement a Customer Service Training Program; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Dennis Snow who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 299891/22-12229 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on OalY1t,Yilli �,�I ' , 20 2.3 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,a fee, including all costs and expenses, not to exceed Forty One Thousand Dollars ($41,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 299891/22-12229 2 of 11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 299891/22-12229 3 of 11 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance 299891/22-12229 4 of 11 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; 299891/22-12229 5 of 11 B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by 299891/22-12229 6 of 11 CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 15. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 299891/22-12229 7 of 11 TO CITY: TO CONSULTANT: City of Huntington Beach Snow& Associates, Inc. ATTN: City Manager ATTN: Dennis Snow 2000 Main Street 3461 Bellington Drive Huntington Beach, CA 92648 Orlando, FL 32835 16. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent 299891/22-12229 8 of 11 upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 299891/22-12229 9 of 11 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, 299891/22-12229 10 of 11 have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 28. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF I-IUNTINGTON BEACH, SNOW& ASSOCIATES, INC. a municipal corporation of the State of California By:PQ4.0. 5tosur Dennis Snow print name Director/Chief ITS: (circle one)Chairrnar rest en ice President (Pwrsuanl To HBAvIC§3.03.100) APPROVED AS TO FORM: AND By: 5' "' W City Attorney J Danny Sr1(bw Date print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE: Secretary—Treasurer Director of Marketing COUNTERPART City Clerk Date 299891/22-12229 11 of 11 have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 28. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, SNOW&ASSOCIATES, INC. a municipal corporation of the State of California By: print name Director/Chief ITS: (circle one)Chairman/PresidentNice President (Pursua HBMC§3.03.100) APPROVED AND By: City Attorney cU,,.i ate print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. FILE:RECEIVE-ANDITT �F Secretary—Treasurer 4&/W7141004dc City Clerk COUNTERPART Date c/4,i,J /9 A'&V 299891/22-12229 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) "SEE ATTACHED EXHIBIT A" B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: "SEE ATTACHED EXHIBIT A" C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A Snow & Associates, Inc. EXHIBIT A Speaking of Service Excellence Scope of Work City of Huntington Beach Customer Service Training Proposal Presented by Snow & Associates, Inc. Step 1 (Day 1) — Delivering three of the same 90-minute keynotes for staff and one shortened 60-minute keynote for community members. Program Outline Introduction It is vital to recognize that the customer experience is impacted by everything the customer sees, hears, touches, etc. Each element plays a part in the overall experience. Every employee of the city must recognize the importance of his/her role in delivering "service excellence" beyond the mechanics of the job. During the introduction I will discuss how service plays a key role in differentiating one organization or city from another, using my Walt Disney World experience as a backdrop for the discussion. • Purpose of the program. • My background with Walt Disney World. • The role that service plays in driving customer perceptions. Customer Service Framework World-class service is not simply a matter of smiling employees who say "please" and "thank you." It is an all-encompassing approach to making excellence business as usual. The framework below includes the key elements of a service-driven culture and will be used as a guide throughout the session. The principles covered will apply to both external and internal service. The Customer This section of the program focuses on seeing any experience through the "lens of the customer." Many organizations see the experience through the lens of their own processes and fail to demonstrate an understanding of the customer's situation. • Seeing the customer experience through the lens of the customer. Behaviors that support and detract from the lens of the customer philosophy. • Service Mapping the customer experience. r Description of how Service Mapping works. r Examples of effective Service Maps. ©2023 Snow&Associates, Inc. 7 Snow & Associates, Inc. Speaking of Service Excellence EXHIBIT A The Service Environment Every detail of the service environment is saying something about your city, department or organization. Anything that is out of alignment causes a disconnect in the mind of the customer. Customers may not consciously notice every detail, but subconsciously clues to your culture are being communicated. This section of the program focuses on raising the level of awareness regarding the service environment. Participants will learn about the "Everything Speaks" philosophy and the role that each of them plays in creating an outstanding service environment. • Core elements of the Everything Speaks approach. • Examples of physical and "attitudinal" distracters to the service environment. The Service Delivery Each customer experience is a moment of truth. The success or failure of a moment of truth is usually dependent on the level of care perceived by the customer. The objective of world-class organizations is to create a customer "wow" at each moment of truth. Big "wows" are not necessary — little "wows" add up and create an overall positive impression. This section of the program will focus on how participants can wow customers and will provide a tool that participants can use to raise the level of performance at each moment of truth. • The key elements of a service wow. • The customer hierarchy of expectations and the impact on the customer experience. y Expectation 1 —Accuracy • The foundational expectation is, "get it right." Expectation 2 —Availability • Customers expect staff members to be accessible to them and willing to work with them. Expectation 3 — Partnership • Customers must perceive that staff members truly care about their unique situations. Expectation 4 —Advice • The highest level of service that a staff member can provide is to be a "trusted advisor." • A trusted advisor is honest and objective in assisting the customer to achieve her/his goals. • Examples of each expectation in action. • Discussion of a "service standards" tool that will help define staff member behaviors that deliver on each expectation. The Processes While employees may want to provide excellent service to customers, there are sometimes organizational barriers that impede or prevent them from performing at a high level. World-class organizations work hard to identify and alleviate/eliminate barriers that frustrate customers and employees. ©2023 Snow&Associates, Inc. 8 Snow & Associates, Inc. EXHIBIT A Speaking of Service Excellence This section of the program focuses on examples of systems and processes that get in the way of service excellence and discusses how to address such barriers. The result being a better customer experience and employees who feel set up to be "heroes." • The impact of non-customer friendly processes and procedures. • The role of every person in the organization to participate in the identification of and solutions to service barriers. • A tool for involving everyone in raising the bar of service. This section will only be delivered to the staff Fee for Day 1: $18,000 Step 2 (Day 2) — Delivery of two of the same leadership focused workshops (2-hours each) with City Council and Executive Leadership Team in one session and Deputy Leadership Team and staff members in the other. Both sessions will take place on the same day. Leading a Culture of Service Excellence Following the announcement of the new customer service strategy outlined in Step 1, all those in leadership positions will then attend this half-day workshop, Leading a Culture of Service Excellence. This workshop will focus on specific leadership behaviors that will embed the service concepts into the culture of the City of Huntington Beach as well as provide guidance for the ongoing efforts of all staff members through the Dennis Snow Virtual Training platform. This workshop builds on the content delivered on day one so it's crucial they attend one of the earlier keynotes. Introduction The opening segment focuses on the vital role an organization's leaders play in building and sustaining a culture of service excellence. Vision Culture Involvement Accountability ©2023 Snow&Associates, Inc. 9 Snow & Associates, Inc. Speaking of Service Excellence EXHIBIT A Culture This segment further explores the elements of a service culture. Therefore, this discussion will focus on the importance of a clearly defined service culture and how to "inculturate" service excellence behaviors. During this segment we will discuss: • Making service excellence a part of the normal course of the operation. • Defining the service culture in terms of behaviors. • Examples of behaviors that demonstrate "inculturated" service excellence. Vision This segment focuses on developing strategies for keeping the message of service excellence in front of the team. A single meeting, training program or memo won't accomplish the job. Ongoing messages about customer service are vital. World-class organizations never assume that everyone on the team automatically "gets it." During this segment we will discuss: • Recruiting and hiring applicants who are likely to live the City of Huntington Beach service values. • Initial and ongoing training processes that reinforce the service culture. - The Dennis Snow Virtual Training platform. • Communication strategies that keep service excellence on everyone's radar screen. Involvement This segment focuses on leveraging the knowledge of all team members in order to continually raise the bar of service in all facets of the city. There may have been a time when the leader had the answers to every issue that would arise. He or she had formal authority and was usually an expert in all phases of the operation. Due to rapidly changing customer expectations, those days are over. Today's leaders must rely on the skills of a facilitator and idea champion. During this segment we will discuss: • The leader's role in creating a culture in which team members want to participate in the forward movement of the organization. • Specific leadership tools for encouraging involvement in building a service culture. • Examples of improvements resulting from effectively involving the team. Accountability This segment focuses on ensuring that excellent service becomes "non-negotiable." The main reason many service improvement initiatives fail to achieve the desired objectives is due to a lack of true accountability. In order for the City of Huntington Beach to truly continue its journey of service excellence, all accountability tools must be in alignment with the strategy. ©2023 Snow&Associates, Inc. 10 i Snow & Associates, Inc. Speaking of Service Excellence EXHIBIT A During this segment we will discuss: • What true accountability is and is not. • Using formal and informal accountability tools effectively. • A five step coaching process for addressing service issues. • Recognition and celebration as a component of accountability. Workshop Conclusion and Next Steps Throughout the workshop, the participants will build a personal action plan for implementing the service and leadership principles discussed. We will also discuss approaches for reinforcing the service principles following the completion of the Dennis Snow Virtual Training platform by all staff members. Fee for Day 2: $12,000 Filming: As many on the City Council and Leadership Teams will be unable to attend both days of training, it is our recommendation that one of the keynotes on day one be recorded and shared with those unable to make it as well as stored on file for future training needs. The goal is to make sure the entire city receives the same message. • City of Huntington Beach to provide the necessary filming equipment, camera operator, and editing services. Fee for filming and ongoing use: $2,500 Step 3 — Dennis Snow Virtual Training During our initial phone conversation with Al Zelinka, the focus was on using my online training program, "Dennis Snow Virtual Training," as a tool to be used for staff members throughout the city (250-500 total licenses) as well as for an onboarding process for all new team members hired after the year of initial access has been completed. This ongoing training will reinforce the messages covered in Day 1 and will allow all team members to train at their own pace (or a pace set by you). To learn more about the training course, please visit www.dennissnowvt.com. Program Summary Dennis Snow Virtual Training brings you the content from my book, Lessons From the Mouse, in a format that can be accessed by your team 24/7, anywhere, and on a variety of different devices. This highly interactive virtual training program shows you and your team exactly how to deliver an experience that results in intense customer loyalty. The system's built in testing, measuring, and tracking capabilities allow leaders to monitor the progress of team members. ©2023 Snow&Associates, Inc. 11 Snow & Associates, Inc. EXHIBIT A Speaking of Service Excellence The 10 lessons explored in the virtual training include: • Never Let Backstage Come • Pay Attention to the Details — Onstage Everything Speaks • What Time is the 3:00 Parade? Is • Never, Ever Say, "That's Not My Not a Stupid Question Job" • Little Wows Add Up • Everyone Has a Customer • Have Fun With the Job — No Matter • Figure Out What Ticks Off Your How Miserable You Feel Customers — And Do Something • Don't Be a Customer Service Robot About It • Take Responsibility for Your Own Career Fee Structure for Dennis Snow Virtual Training The virtual training program for 250-500 team members can be provided at a fee of$26 per license for one-year of unlimited access. This breaks down to $6,500 to $13,000 depending on the number of licenses that are purchased. • Each license added after the initial year of training will be charged at a rate of$26 per license for one-year of access. Next Steps After review of this proposal, I recommend a conference call to discuss the approach and answer any questions. We will then: • Schedule dates for the engagement. • Determine who will be involved in providing customization assistance. • Sign a finalized agreement. Total Cost: $39,000 to $45,500 depending on the number of licenses purchased plus $2,000 in travel reimbursement that covers roundtrip airfare, two nights at a nearby hotel, ground transportation and meals. This is based on the idea that both days of training will happen on consecutive days. If not, there will be a $1,500 travel reimbursement charge applied for each trip. Benefits of the Approach The approach recommended in this proposal provides a step-by-step, systematic approach to service improvement. It is not a cookie cutter program; it is customized to the needs of the City of Huntington Beach. At the same time, Snow & Associates, Inc. brings best practices from many organizations and industries. This approach also sets up the leadership team with the tools and approaches for ongoing improvement. Contact Information Dennis Snow Phone: 407.294.1855 Email: dennis(c�snowassociates.com ©2023 Snow&Associates, Inc. 12 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought 1 Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) SEE ATTACHED EXHIBIT A l. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice,CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices. 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 C rj ® DATE(MMIDDIYYYY) 4.� CERTIFICATE OF LIABILITY INSURANCE 12/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Cassle Russo NAME:LassiterVVare,LLC PHONE (800)845-8437 FAX (888)883-8880 __ (A/C No,Ext): (A1C,No): 1317 Citizens Blvd. EMAIL cassler@lassiterware.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Leesburg FL 34748 INSURER A: Main Street America Protection Insurance Company 13026 INSURED INSURER B: Progressive Express Ins Co 10193 Snow&Associates Inc INSURER C: United States Liability Ins Co 25895 3461 Beilington Dr INSURER D: INSURER E: Orlando FL 32835 INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUDL SUBR pixie,/EFF' POLICY EXP INSD WVD POLICY NUMBER (MM/nDIYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RETED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 A BP397711 06/22/2022 06/22/2023 PERSONAL a AM/INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIESPER: GENERALAGGREGATE $ 2,000,000 X POLICY PRO2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 300,000 fEa accident) ANY AUTO BODILY INJURY(per person) $ B OWNED / SCHEDULED 083964586 01/16/2022 01/16/2023 BODILY INJURY(Per accident) $ AUTOS ONLY /� AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accIdent) Medical payments $ 2,000 UMBRELLA LIAB I (OCCUR EACH OCCURRENCE $ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION I PER I OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ( I NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ Erros&Omissions Aggregate $1,000,000 C Y SP1578635 12/12/2022 12/12/2023 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The attached page(s)noting additional terms,conditions,coverage and/or comments applies. All supporting endorsement(s)and policy form(s)attached,if any,comprise the Certificate of Ligha( pAymgcgJtitept(r,�tiy Please review these endorsement(s)and policy form(s)as certain coverage provided by them may only apply when Wr"IRefl"c7SnitracTor a reement between the parties requires such coverage be provided. '` E3 � r%( Af:l.ECATtS Ct'I'(A,f roRI') 11 BEACH CITY OF HUNTf CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE / Huntington Beach CA 92648 r%lam. gfG1 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA Thisendorsetient modifies insurance provided under the following: MICRO PRO PROFESSIONAL LIABILITY COVERAGE FORM ADDITIONAL INSURED ENDORSEMENT In consideration of the premium paid, it is agreed that the following is added as an Additional Insured,but only as respect Claims arising out of any Wrongful Act(s) in the rendering or failure to render Professional Services by the Named Insured specified in Item I. of the Declarations. Effective Date: 12/12/2022 CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH,CA 92648 3461 BELLINGTON DRIVE ORLANDO, FL 32835 All other terms and conditions of this Policy remain unchanged. This endorsement is a part of the Lisured's Policy and takes effect on the effective date of the Insured's Policy unless another effective date is shown. MSP 224 (09-1 3) Page 1 of I City of Huntington Beach List of Proposals / Responders to the RFP for Customer Service Training (RFP 2022-1021) 1. Freeman Hospitality, LLC 2. Modern Kaizen, LLC 3. North Star Consulting, Inc. 4. Snow and Associates Proposals to be awarded & Primary Contacts 1. Dennis Snow Snow & Associates, Inc. (Direct) 407-294-1855 I (Mobile) 407-963-7575 dennis@snowassociates.com www.snowassociates.com 2. Jennifer Coyle, President North Star Consulting 18120 SW 87 Court, Miami, FL 33157 Phone: 305-389-4786 Email: jcoyle@northstarconsultinginc.com www.northstarconsultinginc.com