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HomeMy WebLinkAboutWISDOMNET - CONTRACT - CONTRACT - P1014 PAY FOR PERFORMANCE NEW VENDORPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and WisdomNet, Inc., hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of four (4) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon November 13, 2006, and shall continue in full force and effect until January 31, 2007, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: WisdomNet, Inc. City of Fort Collins, HR City of Fort Collins, Purchasing Attn: Peter Sidwell PO Box 580 PO Box 580 1600 Stout St Ste 1800 Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80202 Standard Professional Services Agreement- rev 09/01/06 • City HR staff will work closely with the Provider team throughout the project • We will be able to schedule meetings with the targeted stakeholder groups during the appropriate weeks above (in particular, key management staff and HR staff in the discovery activities and design teams during subsequent weeks) • City HR / Administrative staff will be responsible for meeting scheduling • Key stakeholders (primarily key management staff) will be available for reviews of designs, etc. and will provide timely feedback (primarily in the weeks of Dec 4-8 and Dec 18-22) • While Provider will be primarily responsible for the development of the Communications / Change Management plan, City staff will be responsible for execution of that plan • City staff will be primarily responsible for the development of training materials. Provider staff will work closely with them to determine initial needs and design, as well as serve as coaches through the development process. • Provider staff will be responsible for developing the implementation plans. City staff will be responsible for executing these plans. Provider would be happy to discuss how we might be able to support the implementation at the appropriate time. We have put these assumptions in place both to ensure that the overall project timeline can be achieved as well as to help address budget concerns expressed by the City. We are happy to adjust these as appropriate. Standard Professional Services Agreement- rev 09/01/06 10 EXHIBIT B Professional Fees & Expenses Based on the project plan above, the fees for this project would be Hours Hourly Rate Total Fees Brian Wilkerson 68 $225 $15,300 Trudy Gygi 82 $200 $16,400 Sue Bohline 14 $200 $2,800 Total Project Fees $34,500 The fees above do not include expenses, which would be billed at cost to the City. All expenses will be approved by the City prior to being incurred. We do not anticipate any significant expenses at this time. There are some additional options for shifting responsibilities and changing scope on that project that could reduce the costs further. We would be happy to discuss these as required. We understand that the City has an urgent need, and WisdomNet wants to be part of the solution. Standard Professional Services Agreement- rev 09/01/06 11 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ N/A. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Thirty Four Thousand Five Hundred Dollars ($34,500) plus reimbursable direct costs. All such fees and costs shall not exceed Thirty Seven Thousand Five Hundred Dollars ($37,500). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. Payment terms are net 15 days. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the Standard Professional Services Agreement- rev 09/01/06 2 City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible forwithholding any portion of Professional's compensation hereunderforthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the Standard Professional Services Agreement- rev 09/01/06 3 terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. Standard Professional Services Agreement- rev 09/01/06 4 B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev 09/01/06 5 THE CITY OF FORT COLLINS, COLORADO By: �1 on.. s B. O'Neill II, CPPO, FNIGP Director f urchasing & Risk Management DATE: !i Ilg104. WisdomNet, Inc. By:G✓ Title:`ir-1daPr�� CORPORATE PRESIDENT OR VICE PRESIDENT Date: «f �3wCo ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev 09/01/06 EXHIBIT A Approach Time is certainly of the essence in this project. The City desires to have the deliverables for this project substantially completed in early January 2007. This will require strong coordination between City staff and the consultant team, as well as disciplined project management. In addition, this type of project can be very challenging because of both the diversity of stakeholder groups, the visibility of the results, and because a significant amount of work has been done prior to the consultants being engaged. Provider has a proprietary methodology for ensuring that the consultant team quickly gets up to speed and can keep the project on track, and we will use this methodology to hit the ground running on this project. There will be 3 major objectives for this project: • Design a performance management process (or processes) that can be deployed across the City starting in January 2007 • Design a Pay for Performance plan that is in alignment with the performance management approach Develop an implementation plan and coach the City staff through the initial implementation activities We would propose that this project begin on or about November 13, 2006 and end on or about January 19, 2007. The schedule below reflects a detailed listing of activities associated with our approach. Most of these activities will involve both Provider consultants and City staff working in partnership. One key element of the project plan will be a series of Design and Design Review meetings with key stakeholder groups. These groups would include the currently formed Design Teams as well as potentially other stakeholder groups that are identified during our Influence Mapping exercise. In the Design Sessions, we will focus both on understanding key stakeholder concerns, interests, and needs and will then plan to present various designs and design elements to the teams for feedback. After the initial design sessions, we will synthesize the feedback into draft designs of the performance management process(es) / Pay for Performance approach and then conduct design reviews with the same stakeholder groups to refine and finalize the designs. Generally, we would also anticipate some sort of senior management review once the designs are refined by the Design Teams. Standard Professional Services Agreement- rev 09/01/06 7 Timeline Week Activities Notes • Project Kickoff: Hold a kickoff meeting with City staff; Begin scheduling Design Sessions and Design Reviews • Rapid Discovery: Consulting team will review all work done to date on this project and get fully grounded in goals, constraints, etc. • Influence Mapping: Using our proprietary methodology, we Will primarily be working with will map all of the stakeholders in the organization and the HR team during this week their interests and positions regarding this project. Will also need to meet with Nov 13-17 We will then develop a plan for how they will be some key stakeholders from a involved and influenced through the course of the discovery perspective (City project. Manager, etc.) • Communications Planning: Develop an initial communications and change management plan based on the discovery work. • Finalize Project Plan: Adjust project plan to reflect information gained from the discovery work. • Communications Planning: Will finalize and secure approval for initial communications plan Nov 20-24 • Design Session Preparation: Will be holding design Will primarily be working with sessions with the various design teams; preparation for the HR team during this week these meetings to take place this week (including facilitation plans, initial designs for presentation, etc. • Initial Design Sessions: Conduct design sessions (as Nov 27-Dec 1 described above) with key stakeholder groups • Communications: Execute communications per the plan • Develop Preliminary Designs: Synthesize feedback from the Design Sessions into specific designs for Design reviews during this week Dec 4-8 Performance Management / Pay for Performance would be limited to Senior • Initial Design Reviews: Conduct initial design reviews with Management / HR key stakeholders • Additional Design Reviews: Conduct additional design reviews with broader stakeholder groups and Design Will be important for the HR Dec 11-15 Teams team to be available at various points during this week to • Refine Designs: Refine all designs based on feedback discuss design refinements from review sessions • Final Design Reviews: Take refined designs back through all the stakeholder groups for final input • Finalize Designs: Finalize designs based on additional reviews (including documentation) Dec 18-22 • Communications: Execute communications for plan; Also begin scheduling training sessions • Begin Implementation Planning: Start development of implementation plans per final designs HOLIDAY WEEK • Continue Implementation Planning: Continue planning Dec 25-29 activities • Begin Developing Training Materials: Initial work with HR Standard Professional Services Agreement- rev 09/01/06 team to design training materials • Finalize Implementation Plan: Complete and secure approval for implementation plan Jan 1-5 • Develop Training Materials: Coach City staff on development of training materials (leveraging Provider standard materials) • Communications: Execute communications per plan • Finalize Training Materials: Complete development of training materials Jan 8-12 • Begin Train -the -Trainer: Conduct initial train -the -trainer including mock delivery • Refine Training Materials: Refine training materials per mock delivery feedback • Shadow / Coach Trainers on Initial Delivery: Provide feedback on initial delivery • Finalize all Project Documentation: Complete all project Jan 15-19 documentation • Transition Communications / Change Management: Work with owners of change / communications from City to ensure that the plan can be executed effective) Since the HR team will be working closely with the consultants on a weekly basis, there may not be a need for formal status meetings. This can be determined when the initial project plan is defined in week 1. There will be a number of key deliverables from this project. These will include: 1) Documented Performance Mariagement Process(es): electronic documentation of the Performance Management process and any process variations that have been designed. This will include the process itself as well as the evaluation criteria to be used in the process. 2) Documented Pay for Performance Approach: electronic documentation of the Pay for Performance approach for the City. This will include philosophy and mechanics of the Pay for Performance process, but will not include actual numeric ranges and dollars associated with various pay grades, departments, etc. 3) Change Management / Communications Plan: electronic documentation of the Communications and Change Management activities associated with both the project itself and the implementation of the Pay for Performance / Performance Management processes and approaches. 4) Implementation Plan: Implementation plan for implementing Pay for Performance / Performance Management processes as designed. These deliverables will be given to the City in electronic form as they are finalized throughout the course of the project. In addition, the City will be responsible for some deliverables that Provider will provide assistance with. These will include: • All training materials and training delivery associated with the rollout of these processes • Execution associated with the Communications and Change Management plan There are a number of assumptions built in to this plan. Should these assumptions prove to not be true, there may be an impact on effort, timing, and price. We would like to validate these assumptions with City of Fort Collins staff prior starting this project. Assumptions include: Standard Professional Services Agreement- rev 09/01/06