07-104 Resolution No. 07-104
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WATERS CONSULTING GROUP, INC.
FOR POLICE DEPARTMENT SURVEY REPORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Dolonna Mecum,
City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City
of Elgin with Waters Consulting Group, Inc. for the Police Department Survey Project, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 25, 2007
Adopted: April 25, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
AGREEMENT WITH THE WATERS CONSULTING GROUP, INC.
FOR POLICE DEPARTMENT EMPLOYEE SURVEY PROJECT
This Agreement is made and entered into this day of I 1 ,2007 by and between the City of
Elgin ("the CITY"), a municipal corporation organized and trxisting under the laws of the State of
Illinois,and The Waters Consulting Group,Inc.incorporated in the state of ,and having
a principal place of business at 5050 Quorum Drive, Suite 625, Dallas, Texas 75243 ("the
CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the
Request for Proposals (RFP) including all documents referenced therein and the Contractor's
Proposal response dated March 7, 2007, (Proposal) thereto incorporated by reference herein and
made a part hereof The CONTRACTOR agrees to provide the goods and/or services all in
accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between
this Agreement and the Proposal documents, the Proposal documents shall supersede this
Agreement.
ARTICLE II. DURATION AND COMPENSATION. The CONTRACTOR shall commence the
performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The
work shall be complete when the CONTRACTOR has completed the services as outlined in the
proposal from The Waters Consulting Group, Inc., dated March 7, 2007, attached hereto as
Exhibit A. Compensation to the CONTRACTOR shall be in the amount of$5,350 for Phase 1;
$4,665 for Phase 2; and $3,500 for Phase 3, plus expenses for travel and materials associated with
the surveys, for a total amount not to exceed $16,215.
ARTICLE III. TERMINATION. The following shall constitute events of default under THIS
CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any
failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,
but not limited to,the following: (I) failure to commence performance of THIS CONTRACT at the
time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR'S
reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and
equipment or with sufficient material to ensure the completion of THIS CONTRACT within the
specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii)
failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure
to promptly re-perform within reasonable time the services that were rejected by the CITY as
erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT,
including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically
and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The
CITY may terminate THIS CONTRACT for its convenience upon fourteen(14) days prior written
notice.
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ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the
CITY may keep for its own the whole or any part of the amount for expenses,losses and damages as
directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or
services as a result of any failure,omission or mistake of the CONTRACTOR in providing goods or
services as provided in THIS CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject
to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein
does not conform to such laws or ordinances,such clause shall be void(the remainder of the contract
shall not be affected) and the laws or ordinances shall be operative in lieu thereof.
ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, ancestry, national
origin, place of birth, age or physical handicap which would not interfere with the efficient
performance of the job in question. The contractor will take affirmative action to comply with the
provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to
the CITY a written commitment to comply with those provisions. The CONTRACTOR will
distribute copies of this commitment to all persons who participate in recruitment,screening,referral
and selection of job applicants and prospective subcontractors.
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any
interest in THIS CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in
writing and executed with the same formalities of the original.
ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in writing and shall
be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or
registered,return receipt requested,addressed, if to CONTRACTOR,at the address set forth above
to the attention of the project manager or undersigned representative, and if to the City, to the
attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or
authorized representatives as either party shall designate in writing to the other in the manner herein
provided.
ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,Contractor agrees to
and shall indemnify, defend and hold harmless the City, its officers, employees, boards and
commissions from and against any and all claims, suits,judgments,costs,attorney's fees,damages or
any and all other relief or liability arising out of or resulting from or through or alleged to arise out of
any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or
subcontractors in the performance of this agreement,including but not limited to,all goods delivered
or services or work performed hereunder. In the event of any action against the City, its officers,
employees,agents,boards or commissions covered by the foregoing duty to indemnify,defend and
hold harmless, such action shall be defended by legal counsel of the City's choosing.
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ARTICLE XI. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name
of the City of Elgin for public advertising unless prior written permission is granted by the CITY.
ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending
December 31. The obligations of the CITY under any contract for any fiscal year are subject to and
contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in
that fiscal year and authorization to spend such funds for the purposes of the contract.
If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the
CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT
shall terminate as of the last day of the preceding fiscal year, or when such appropriated and
authorized funds are exhausted, whichever is later, without liability to the CITY for damages,
penalties or other charges on account of such termination.
The person signing THIS CONTRACT certifies that s/he has been authorized by the
CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute
THIS CONTRACT on its behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written.
CONTRACTOR CITY OF ELGIN
THE WATERS CONSULTING GROUP, INC.
11°Velt2t---
Name and Title 1Ctk j'.(,JA7rc/ Olufemi
7/1 et-,:tow& City Manager
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F:\Legal Dept\forms\Bid Doc-Agreement-Waters Consulting Group.doc
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JTHE WATERS
CONSULTING
GROUP, INC.
March 7, 2007
Lisa Womack
Chief of Police
Elgin Police Department
City of Elgin
151 Douglas Avenue
Elgin,Illinois 60120
Dear Chief Womack:
rs. It was good speaking with you earlier today. This letter will present our project in phases that allows us
to manage the work and the project deliverables more clearly and efficiently. This work effort is being
presented to you in three phases:
Phase I
• Task 1: Conduct a teleconference to discuss the details of the challenge and proposed issues and
solutions.
• Task #2: Develop a questionnaire instrument to provide obtain perceptions of your officers,
supervisors and command staff about the issues that influence the most ideal and appropriate
competencies required for successfully managing the relationship between the police department
and the community.
• Task#3: Administer the questionnaire via email or web-based processing. Your staff members
will need to have access to a computer. This approach will provide us with real-time processing
so we can know the profile of the responses provided.
• Task#4: Tabulate and report the results of the administration of the questionnaire.
• Task #5: Facilitate interviews and focus groups with your officers, supervisors, and command
staff using the questionnaire results as a base for the process. This requires a two-day onsite visit
to conduct interviews and focus groups with employees.
Phase II
• Task#6: Develop an instrument to acquire opinions and feedback from citizen groups.
• Task #7: Administer the questionnaire for key opinion leaders and representatives from various
interest groups from your community via email or web-based process. Citizen participants must
have access to a computer.
• Task#8: Tabulate and report the results of the administration of the questionnaire.
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• Task#9: Conduct focus groups with key opinion leaders and representatives for various interest
groups from the community. This requires a one-day onsite visit to conduct interviews and focus
groups with citizens.
At the conclusion of this phase, we will provide you with a report that profiles the responses to the
employee interviews and focus groups and it offers recommendations about how the responses can be
used and incorporated into the subsequent steps. Our report will also suggest approaches to
addressing the pattern of issues and responses raised. This report can be reviewed and discussed via
email and teleconference and will not require an onsite meeting.
Phase III
• Task#10: Compile data and prepare the comprehensive report of findings from the Climate and
Opinion Surveys from the employee group and the Citizens groups.
• Task#11: Present the comprehensive report of issues and recommended action steps that will
address the critical concerns affecting the success of your department and its relationship with
your community. This report will provide the overview recommendations and action steps for
implementing the Diversity Competencies for the Elgin Police Department in conjunction with
the goals you have set for managing the relationship with your diverse community. The
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implementation plan will address each of the areas where critical diversity competencies will
communication and interpersonal relations to support business success. This presentation of the
final comprehensive project report will not require an onsite meeting and can be accomplished by
an email submission of the report and a teleconference with you and your Command Team. If
there are others you may want to include in this meeting, please feel free to do so.
The eleven tasks have been arranged in the three phases that we feel are important to managing this
project. Each phase will have a review and report to you summarizing the work done in that phase, and it
will reflect the deliverable associated with that phase. Two onsite visits will be needed to complete the
work in Phase I and in Phase II.
The attached chart shows each phase and the costs associated with working and delivering on each phase.
The total cost for the project will not exceed$13,515.00,plus expenses for travel and materials associated
with the surveys. If the three-phase arrangement is acceptable to you, I would anticipate beginning work
on or about Monday, March 26,2007. On that date,I anticipate initiating a conference call with you and
the members of your Command Team to discuss the overall project,the project goals,and the particular
perspectives held by each member of your Command Team on the project and what it should yield. Their
input is vital to moving the project forward successfully and to ensure the cooperation and involvement of
the officers and staff in the department.
I look forward to hearing from you with confirmation to begin work on this project.
Sincerely,
41111)
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Troy L. Coleman, Ph.D.
Senior Consultant and Director of
Consulting Operations
Electronic Signature via email
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A,
Subject: Consultant Services/Police Department Survey Project
Date: March 16, 2007
Page 6
Project Cost Proposal
Phase Description Cost
Project Planning and Conducting Staff Interviews and Focus Groups $5,350.00
2 Planning and Facilitating Community Focus Groups $4,665.00
3 Prepare and Present Project Report of Issues and Recommendations $3,500.00
* The project expenses will be based on 20%of the costs for each phase and will be charged as the expenses are incurred. Two
onsite visits will involve travel and accommodations for one consultant. Other expenses will be limited to photocopying for
onsite meetings and focus group sessions.
A,
A
OF `C
ey City of Elgin Agenda Item No. \.\
"lit !.
March 16, 2007 $
TO: Mayor and Members of the City Council
r,.Safi Cori ntniip
FROM: Olufemi Folarin, City Manager
Lisa Womack, Chief of Police
SUBJECT: Consultant Services/Police Department Employee Survey Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider regarding consultant services for completion of the Police Department
employee survey.
RECOMMENDATION
It is recommended that the City Council approved entering into an agreement with Dr. Troy
Coleman and The Waters Consulting Group, Inc. for the completion of the Police Department
employee survey project for an amount not to exceed $16,215, including expenses for travel and
materials.
BACKGROUND
During an August 2006 goal-setting meeting between City Manager Olufemi Folarin and Police
Chief Lisa Womack, Chief Womack identified three action plans for implementation during the
2007 calendar year: Two of those action plans were conducting a survey of police department
personnel, and developing a "Cultural Competency Program." The purpose of the survey is to
gauge the state of employee morale and attitude with regards in a variety of areas including
community relations. The purpose of the Cultural Competency Program is to build stronger
relationships with the community through training and processes designed to improve cultural
understanding.
Dr. Troy Coleman was contacted to discuss these initiatives and requested to provide a quotation.
These services are not by their nature adapted to award by competitive bidding given the high
degree of professional skill necessary to ensure the success of this project. Dr. Coleman was
selected due to his professional reputation and experience performing these services for police
departments and other governmental agencies. Dr. Coleman has designed and led numerous
projects in workplace diversity, interpersonal communications, and employee relations including
with the Dallas Texas Independent School District, City of Dallas, Grand Rapids Michigan
. 1.
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Subject: Consultant Services/Police Department Survey Project
Date: March 16, 2007
Page 2
Police Department, Arlington Texas Police Department, and the U.S. Department of Agriculture.
In addition, he has successfully facilitated dispute resolution between police agencies and the
communities they serve, employee disputes over diversity in the workplace, and EEO matters
affecting government agencies. Subsequent to the initial contact, Dr. Coleman has become an
employee of Waters Consulting Group, with whom the City has a contract for a management
compensation study.
The project will yield complete survey results, analysis, and recommendations and the outline
and framework of a Department/Community Cultural Competency Program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The survey project and Cultural Competency Program have been discussed at Community
Dialogue Events attended by various Community leaders.
pkdk,FINANCIAL IMPACT
There are sufficient funds budgeted ($193,480) and available ($173,380) in the General Fund,
Police Department, Training Expense, account number 010-2302-731.36-01 to enter into a
contract for a not to exceed amount of$16,215 including travel and expenses, with the Waters
Consulting Group, Inc.
EGAL IMPACT
This contract would be an exception to the procurement ordinance, requiring two thirds approval
by the Council.
ALTERNATIVES
1. The City Council may choose to award the contract as recommended.
2. The City Council may choose not to award the contract as recommended.
Respectfully submitted for Council consideration.
LW
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