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HomeMy WebLinkAboutRFP - P1028 ORGANIZATIONAL REVIEW (3)Standard Professional Services Agreement- rev 09/01/06 1 PROFESSIONAL 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 Management Partners 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: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) 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 one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence within five (5) days of signing and shall continue in full force and effect until March 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: Management Partners Inc. Attn: Julia D. Novak 1730 Madison Road City: City of Fort Collins City Managers Office 300 LaPorte Ave With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Standard Professional Services Agreement- rev 09/01/06 2 Cincinnati, OH 45206 Fort Collins, CO 80521 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 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 on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Project Director $250/hour Senior Management Advisor $150/hour Management Advisor $100/hour Management Analyst $ 75/hour Reimbursable direct costs: as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Sixty Seven Thousand Six Hundred Dollars ($67,600). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's Standard Professional Services Agreement- rev 09/01/06 3 City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. 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 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 for withholding any portion of Professional's compensation hereunder for the 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 Standard Professional Services Agreement- rev 09/01/06 4 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 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 of ten (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: Standard Professional Services Agreement- rev 09/01/06 5 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. 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. Standard Professional Services Agreement- rev 09/01/06 6 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 7 THE CITY OF FORT COLLINS, COLORADO a municipal corporation By: _________________________________ Darin Atteberry City Manager By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Management Partners Inc. By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev 09/01/06 8 EXHIBIT A SCOPE Activity 1 – Start Project At the beginning of this project we will meet with the project team to finalize the scope of work and schedule. We will learn more about the City’s objectives and expectations for this project and make sure we have a project plan that will deliver the desired end result. Management Partners will develop a request for background information including the mission, vision and values of Fort Collins as well as the goals of the key service areas. We will also examine budgets, organization charts, business or strategic plans, and performance measures relevant to each service area. Reviewing these documents, interviewing key managers, assessing how the organizational values are exhibited in everyday assignments are one of the ways that Management Partners assesses the culture of the organization. Understanding, appreciating and respecting the unique culture of the organization is important to making recommendations for reform that will ultimately be successful. We will begin the project by interviewing the directors of the key service areas to gain an understanding of the strengths and weaknesses of the current organizational structure. Activity 2 – Assess Transportation Services Structure The objective of this activity is to assess the current organization structure to then identifying the optimum organizational structure for the future. In doing so, Management Partners will look at the current span of control at all levels in the organization and the formal and informal management systems that exist. These include but will not be limited to systems for accountability, communication, and performance appraisal. We will interview the acting department director and division heads in Transportation Services to solicit their input on what works well currently and the improvements that they feel would merit consideration. We will also seek input on overlaps in services with other departments in the City as well as well as gaps that might exist. We will also discuss areas where services might be more efficiently delivered and ways of doing so. Employees in every organization have ideas for improvement and although this scope of work anticipates interviewing top managers, we would encourage the City to consider adding focus groups to the scope of work. Management Partners recommends this technique as a way of engaging employees in the project and soliciting their input and further assessing how the organization lives its stated organizational values. Management Partners will conduct eight focus groups with employees from Transportation Services and other key service areas (e.g., Utility Services, Community Planning and Environmental Services, etc.). Standard Professional Services Agreement- rev 09/01/06 9 Activity 3 – Assess Related Service Areas Management Partners will interview the department directors and division heads from those areas that have direct contact with Transportation Services on a regular basis to accomplish three objectives: 1) to solicit their input on what works well currently and suggested improvements; 2) to understand the mission and goals of their organizations and the interrelationships with Transportation Services; 3) to identify potential efficiencies in operations that could be achieved without compromising customer service. No doubt many employees have been in the organization through various structural alignments and are likely to have ideas about structures they like and do not like and what will ultimately be successful, or not. The structure of an organization is important – but far more important is understanding that organizations are managed and staffed by people with opinions and ideas – and ultimately they make the structure work (or not). The interviews will include identifying the mission and goals of each organization and the areas where collaboration with Transportation Services is most often found. Management Partners will also look for overlaps in service areas as well as where cost- savings or sharing of services might afford efficiencies in operations. Activity 4 – Best Practice Analysis Once Management Partners has examined the organizational relationships and service delivery mechanism for Transportation Services and other key service areas, we will identify best practices in other public agencies. After developing criteria for comparison jurisdictions, we will review various organizational structures in those jurisdictions. The selection of comparison jurisdictions as well as the outcomes from this activity will be accomplished in collaboration with the Fort Collins project manager and team. Activity 5 – Conduct Analysis With the findings from activities 2, 3 and 4, Management Partners will identify an optimal organizational structure, including reporting relationships. We will also identify potential cost saving measures or operational efficiencies that could be realized by the City. Consolidation options will be one of the potential efficiencies that we will examine and consider. In addition, the implications of the one-stop shop on both service delivery and efficiencies will also be reviewed and appropriate recommendations will be formalized. Once Management Partners’ team has conducted our analysis, we will meet with the Fort Collins team to review our findings and recommendations. We will share the reasons behind our recommendations and make sure that there is agreement before going forward. Activity 6 – Report Results Having completed the organizational review and analysis of best practices and having discussed the results with the Fort Collins project manager and staff team, Management Standard Professional Services Agreement- rev 09/01/06 10 Partners will prepare a draft report setting forth our analysis and recommendations. The draft report will be reviewed with Fort Collins project manager and team to assure that the analysis and recommended actions are clearly set forth and to ensure factual accuracy. Once the Fort Collins team has had the opportunity to review the draft report and provide feedback, Management Partners will finalize the report. Activity 7 – Assist with Implementation As former managers, Management Partners has a strong bias for action. We pride ourselves on being the author of reports that do not just sit on shelves collecting dust. Rather, we provide our clients with a management tool to implement (and track implementation of) the recommendations contained in our report. The Action Plan is designed to be an executable plan of work that the City can use to implement the specific recommendations set forth in the project report. The draft Action Plan will list each separate recommendation, including component milestones. The amount of time required to complete each will be estimated, and the person to be responsible for completion will be identified. Standard Professional Services Agreement- rev 09/01/06 11 EXHIBIT B Work Schedule It is estimated that 384 hours of consulting assistance will be required to complete the plan of work described above. The balance among activities is as follows: ACTIVITY HOURS 1 – Start Project 62 2 – Assess Transportation Services Structure 76 3 – Assess Related Service Areas 68 4 – Best Practices Analysis 36 5 – Conduct Analysis 68 6 – Prepare Report and Recommendations 60 7 – Assist with Implementation 14 TOTAL 384 This projected amount of work to complete the assignment is our best estimate, but it is also a commitment of this engagement. Our goal is to complete the project to the satisfaction of the client and the firm will, of course, do what is required to accomplish that result. Standard Professional Services Agreement- rev 09/01/06 12 EXHIBIT C The total “not-to-exceed” cost for this project is $67,600. The total cost for this project is based on the following rates for team members: Project Director $250/hour Senior Management Advisor $150/hour Management Advisor $100/hour Management Analyst $ 75/hour