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HomeMy WebLinkAbout344448 PUBLIC STRATEGIES - CONTRACT - CONTRACT - 23457THIS 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 Public Strategies Group, 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 accordancewith the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 three (3) pages, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2005. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstandingthe 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 underthis Agreementshall be effective when mailed, postage prepaid and sent to the following addresses: Professional Services Agreement —January, 2005 1 April Council Retreat Council/ Why change? 29-30 LT/PSG What is BFO? Council role POG Results May 2 Finalize Results, Teams, LT/PSG Issue RFR Instructions Allocation %/$ May 2-5 Results Teams Meet RT/PSG Indicators Results Maps May 6 BFO Work Session LT/RT/PSG Review indicators Review Results Maps May 10 Council Work Session Council, Budget Approve results Advisory Council Allocations Review draft indicators and Results maps May Result Teams Meet Consult with Sellers 11-13 RT/PSG Develo draft RFRs May Draft Instructions for Offers LT/PSG 11-13 May 16 BFO Work session LT/RT/ Review RFRs 1-5 pm Service Directors/PSG May 17 Orientation for Sellers LT/RT/ Offer Instructions Service RFRs Directors/PSG What makes a good offer Smart Moves May Draft offers Sellers/PSG Consultation with RT as desired 18-27 May 27 INITIAL OFFERS DUE Sellers May 31- Results Teams rank offers RT/PSG Initial Drilling Platform June 3 June 3 BFO Work Session: Review LT/RT/ Draft Drilling Platforms PSG June 6 Feedback to Sellers Due RT June 13 BEST AND FINAL OFFERS DUE June Result Teams Meet to rank RT/Sellers Negotiations with Sellers 13-17 offers Final Drilling Platforms June Review & Approve Final Drilling LT 20-24 Platforms June 27 BFO Work session: Presentation LT/RT/PSG Final Drilling Platforms of Draft Budget Service Directors Stakeholder Management Communications -August 5 Recommended Budget to Printer Sept. 1 Recommended budget distributed Sept. 6 Resolution setting public hearings Professional Services Agreement —January, 2005 10 Sept. 13 Council budget study session Sept. 18 Bud et in Brief published Sept. 20 Council bud et study session Sept. 27 Council bud et study session If needed Oct. 4 Public Hearin Oct.11 Council budget study session If not held, First Reading could be held Oct. 18; Second Reading/Adoption November 1st Nov. 1 Budget Adopted, First reading o Appropriation Ordinance Nov. 15 Budget Adopted, Appropriation Ordinance For 2006 Dec. 23 Adopted budget to the printer Dec/ Debrief Process and design All What worked? January improvements for next year What didn't work? What were turning points? Changes for next round "Dates may change as agreed to by PSG and the City. Professional Services Agreement —January, 2005 11 Exhibit C Fort Collins Budgeting for Outcomes Support Task and Payment Schedule Task as Described in the Scope of Work Fee Amount Invoice Date Design BFO Approach $20,000 4/30/05 Orientation Sessions Assist Leadership Team Assist Results Teams $50,000 5/31/05 Design and Facilitate Sessions Assist the Sellers Assist with Ranking and Negotiations Budget Workshops with the City Council $40,000 6/30/05 Recommended Budget $20,000 8/05/05 Evaluation $10,000 9/30/05 TOTAL $140, 000 Plus expenses not to exceed $20,000. Professional Services Agreement —January, 2005 12 Exhibit "C" Price The price for this assistance is $ 140,000.00, plus expenses. We would ask that progress payments be made at the completion of each task. Our Guarantee PSG encourages contracts that are results -oriented and have fixed prices. We like to get paid for producing results and not for our time. Because we sell results, we work from clearly stated performance expectations that are mutually agreed upon at the onset. Our work is focused on producing results that ourcustomer's value, and we expect them to pay us for those results if, and only if, they are satisfied with our work. If —at any time, for any reason —our customer is not satisfied with the results we produce, we should be so notified. If we cannot fix the problem, we do not expect to be paid. Professional Services Agreement —January, 2005 13 Professional: City: With Copy to: Public Strategies Group, Inc. City of Fort Collins City of Fort Collins Attn: Dr. Camille Cates Barnett Attn: Purchasing Attn: City Manager 325 Cedar Street, Suite 710 PO Box 580 PO Box 580 St. Paul, MN 55101 Fort Collins, CO 80522 Fort Collins, CO 80522 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 underthis Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits. 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 One Hundred Forty Thousand Dollars ($140,000) plus reimbursable direct costs. All such fees and costs shall not exceed One Hundred Sixty Thousand Dollars ($160,000). Exhibit C is a Task and Payment Schedule. The parties acknowledge that subcontractor Local Government Solutions Group (LGSG) is not party to this agreement. Monthly partial payments based upon the Professional's billings and Professional Services Agreement —January, 2005 2 itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completingthe 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 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, Professional Services Agreement —January, 2005 3 specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibilityfor 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 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 unenforceableby any court of competentjurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. THE CITY OF FORT COLLINS, COLORADO By: Professional Services Agreement —January, 2005 4 THE BY: P— iar B. O'Nei I II, CPPO, FNIGP Direct r of urchasin & Risk Management DATE: 5 Zo C) ti AST* sty APPROVED ? I Public Strategies Group, Inc. Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: �ZZIZQ S �I A (Corporate Seal) Corpor to Secretary Professional Services Agreement —January, 2005 5 Exhibit "A" Budgeting for Outcomes SCOPE OF WORK The purpose of this Scope of Work is to describe the course of action to implement Budgeting for Outcomes and to improve performance in Fort Collins. Our Approach Our approach would be to assist Fort Collins in implementing Budgeting for Outcomes (BFO), the name Public Strategies Group (PSG) gives to an approach that turns the typical budgeting process on its head. Budgeting for Outcomes is a top -to -bottom review of everything local government does -- from the citizens' perspective, not the departments'. We start not with last year's spending but with the results the City wants to produce. PSG will help Fort Collins design and assist the City to implement a process to answer four key questions: How much are citizens willing to spend? What results form the core of what must be done and done well to serve the residents of Ft. Collins? How much will the city spend to produce each of these priority outcomes? How best can that money be spent to achieve each of the outcomes? PSG will provide assistance as generally described on the attached work plan. Specific tasks are also outlined below. Task A— Design a BFO Approach for Ft. Collins —April PSG will meet with the "Leadership Team" to help design and guide the BFO process. This Leadership Team will be 5-10 people chosen by Fort Collins that includesthe City Managerand other key decision makers. PSG will use our experience with other jurisdictions pioneering BFO to provide the City with best practices and practical tools. PSG would first work with the Leadership Team to develop an approach that meets the specific situation in Fort Collins. Then we would jointly develop a summary work plan and schedule for the remainder of the project, taking into account the budget deadlines and other milestones. Working with the Leadership Team, PSGwill also assist with stakeholder issues. We will encourage the Leadership Team to adopt a communications plan for both internal and external customers. PSG will help develop project outcomes and project organization, specifically identifying the Leadership Team, the Result Teams, the Communications Team and Facilitators. Professional Services Agreement —January, 2005 Task B -- Budgeting for Outcomes Orientation Sessions --April PSG will work with Fort Collins project staff to provide orientation sessions to 1) elected officials and 2) executives and managers in the city. The BFO Orientation Kick Off meeting for Fort Collins will include the Group of 137 (the Executive Team and the Service Directors and division managers of the City), facilitators, Result Team members and others. Fort Collins will provide key participants with a copy of The Price of Government by, Osborne and Hutchinson. Also in this timeframe, PSGwill review financial information prepared by FortCollins staff on the City' s price of government (POG) and summary information about its financial conditions. PSG will also review what is known about citizen preferences (council goals, citizen survey or other materials). We will use this information in the orientation sessions. At the end of this orientation session, participants will be familiar with: The structural deficit, The concept of the price of government The general approach of Budgeting for Outcomes. The members of the Leadership Team, Communications Team and the Result Teams The work plan and process that Fort Collins will use. PSG would also design and present a Budgeting for Outcomes orientation briefing for the City Council at their retreat on April 29-30, 2005. In addition to the material described in the Kick Off orientation session, we would also work with decision makers to determine the results that are important to citizens and facilitate a process to select those results that will drive the budget process. Task C — Assist Leadership Team PSG will coach the Leadership Team as they guide the BFO process. We will provide information on best practices and encourage the team to be bold. We will assist in drafting Team Charters for the Leadership Team, the Result Teams, the Communications Team and others that may be needed. We will also help the Leadership Team in developing instructions and other materials needed during the process. Task D — Assist Results Teams PSG will provide technical assistance to each Result Team to develop a Requestfor Results (RFR) Each RFR will include: Three measures of success for the Result A results map that shows what produces the result Purchasing strategies PSG will also assist the Results Teams in talking with potential sellers in developing the RFRs. Task E — Design and Facilitate BFO Work Sessions Professional Services Agreement —January, 2005 PSG will design and facilitate four sets of half day BFO Work Sessions with the Leadership Team and the Result Teams to develop the strategies for the budget. At each BFO Work Session, Result Teams will be expectedto present specific deliverablesas part of the BFO process. Work Sessions are to make sure everyone is communicating and coordinating. Any Service Directors not directly participating on the Results Teams, are expected to attend the Work Sessions as observers Task F -Assist the Sellers PSG will also provide technical assistance to the City departments that will be responding to the RFRs as "sellers". We would design improvements to the current "Competing for Results" process. We will use smarter sizing, smarter spending, smarter management and smarter leadership approaches outlined in The Price of Govemment to assist City executives in developing creative approaches to producing results. We will assist sellers with a workshop orientation to smarter approaches and best practices. We will also offer individual consultations for sellers. Task G —Assist with Rankings and Negotiations PSG will assist the Results Teams in ranking the "offers" they receive from sellers and in giving feedback to sellers to improve their offers. PSG will assist in the negotiation between buyers and sellers to get the best price for the result produced. The negotiated offers will form the basis of the next budget. Task H —Budget Workshops with the City Council PSG will also be available as needed to work with the City Council throughout the process to prepare and complete the 2006-2007 City budget. Task 1—Evaluation PSG will assist in evaluating the effectiveness of BFO in Ft. Collins and will assist in developing design criteria for the next year's process. The PSG Team Dr. Camille Cates Barnett will lead the PSG team. Other PSG partners will be assigned to the project as needed. The PSG team will also include Mike Freeman and Chris Fabian of the Local Government Solutions Group (LGSG) who are familiar with Ft. Collins and well versed in local government and this new approach to budgeting. Members of the PSG Network will be added as necessary. Biographical data is attached for Dr. Barnett and Mr. Freeman. Professional Services Agreement —January, 2005 Exhibit "B"* FORT COLLINS WORK PLAN BUDGETING FOR OUTCOMES The Public Strategies Group DATE ACTIONCOMMENTS April Planning Session Leadership Team/ ID reasons for change 11-12 PSG Develop draft work plan ID leadership team Draft Outcomes ID Result Team leaders, members and facilitators Develop Procurement Vehicle April Calculate POG Staff 13-15 Update financial briefing April Design Council Retreat City Manager, Staff, Conference call(s) 18-22 Consultant, PSG April Develop draft Communications 18-22 Communications Plan Team April 18-21 Identify additional team members City Manager/ Service Directors April Notify potential team members Leadership Team 22 April 25 BFO Orientation for Group of 137 LT/PSG Why change? 9-12 noon (Plus budget staff, facilitators & Get a Grip any other team members) POG What is BFO? Work Plan April 25 Approve work plan LT/PSG 1-5 Approve charter for the Leadership Team Approve Charter for the Results Teams Approve initial results Approve Communications Plan April 27 Work Session with Teams LT/ Results Teams/ Work plan 9am-5pm facilitators/ Charters PSG Results Indicators Results Maps RFR Instructions Professional Services Agreement —January, 2005