HomeMy WebLinkAbout403506 THE MEJORANDO GROUP - CONTRACT - RFP - 7143 KNOWLEDGE TRANSFER CONSULTANTPROFESSIONAL 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 The Mejorando Group, 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 thirteen (13) pages, and
incorporated herein by this reference.
2. Contract Period. 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, 2010. Time is of the essence. Any extensions of the time
limit set forth above must be agreed upon in writing by the parties hereto.
3. 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:
The Mejorando Group
City of Fort Collins
City of Fort Collins, Purchasing
Attn: Patrick Ibarra
Attn: Brian Janonis
PO Box 580
7409 North 84t' Avenue
PO Box 580
Fort Collins, CO 80522
Glendale, AZ 85305
Fort Collins, CO 80522
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• Training, developing and networking opportunities relevant to the position.
• Lessons Learned about position/job-essential responsibilities.
The intent is to document not only how things are done, but why they are done.
This helps knowledge recipients more fully understand the process and its
importance.
3. Each of the incumbents involved in the Pilot Program will complete a Position
Description Questionnaire (PDQ)/Job Analysis Questionnaire that will provide a
personal written summary of their tasks and responsibilities.
4. Job description for each of the ten positions involved in the Pilot Program will be
obtained and reviewed.
5. Information obtained through the interviews, PDQ and job description will be
analyzed, summarized and documented in a Position Summary written report. A
Summary will be provided for each of the ten positions n the Pilot Program. The
draft will be reviewed by the incumbent and subsequently finalized. The Position
Summary is designed to augment the respective job description in such a way that
illuminates the key aspects necessary to be effective. Job descriptions may identify
estimated percentage of time spent on "typical class essential duties." However,
percentages or frequency of time spent does not always constitute the level of
importance that specific duty is to fulfilling the job. Consequently, for the effective
transfer of knowledge, successors to the jobs currently held by Pilot Program
participants, would receive among other materials, both the Position Summary and
job description. Furthermore, the Position Summary provides potential content for
selection strategies including interviews and assessment centers of potential
successors.
Important to remember is that the focus is to capture and record "high value"
knowledge. While the information captured in the Position Summary may seem
ordinary to the incumbents, they are not the intended recipient for this information,
their successor is. Most likely the successor will not be versed in the City of Fort
Collins Utilities way of doing business and consequently, the Position Summary will
enable them to determine the context in which they are to perform their
responsibilities.
6. In addition to the Position Summary, a range of transfer tools are available. The
intent is to make the knowledge easily accessible and usable. Some knowledge can
be disseminated through a simple checklist, while other knowledge may require that
a training course be designed. Types of transfer tools include:
Training program materials
Job aids (worksheets, tip sheets, templates)
Coaching guides
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• Procedure documentation
• Podcasts
The Mejorando Group will provide in addition to the Position Summary for
each of the ten positions in the Pilot Program, a series of targeted
recommendations on which transfer tools are most appropriate per position.
7. There is language in the RFP, requesting a "Strategy Document" for implementing
succession planning in Utilities that incorporates the additional career
development programs already established. Consequently, a Strategy
Document or Strategic Work Plan will be provided by the Mejorando Group that will
identify how those career development programs are woven together seamlessly
and effectively with the Knowledge Transfer segment. We will research other public
and private Utility service providers to determine next practices and integrate those
within our recommendations. Again, as previously stated, we will ensure all
recommendations are congruent with the City's overall Talent Management
Strategy.
In the Strategic Work Plan, several factors on how the Utilities Department can
contribute to the chances of successful implementation of knowledge transfer
strategies, and/or a full KM initiative also will be addressed. The following list is
those factors which help the transfer of knowledge:
• Organizational Culture
• Rewards and Incentives
• Senior Leadership Support
• Technical and Organizational Infrastructure
8. Meet with Senior Staff to review the Position Summary reports and Strategy
Document/Strategic Work Plan.
There is language in the RFP offering respondents the opportunity to submit proposed
programs which identify additional tasks deemed necessary for successful implementation
of a succession planning program. As such, the Mejorando Group is offering two such
programs:
1. Additional Knowledge Management Transfer strategies
2. Succession Planning components
There are many ways for the City of Fort Collins Utilities Department to identify, store, and
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transfer knowledge. Relying on an overall strategy and accompanying tactics will enable
the Department to systematically and efficiently capture and transfer knowledge. The
following is an inventory of KM Techniques/Tools available for the Utilities Department to
consider:
1. Expert Interviews. These are being included as part of the scope of work and have
been described earlier in this proposal.
2. Apprenticeships, Internships, and Traineeships: Establishing these types of
programs with colleges and universities can serve to strengthen the pipeline of talent
to replace existing staff, when the situation occurs, as well as simultaneously
transfer knowledge about the City of Fort Collins Utilities Department way of doing
business.
3. Communities of Practice: A Community of Practice (COP) is a group of individuals
sharing a common working practice over a period of time, though not a part of a
formally constituted work team. They generally cut across traditional organizational
boundaries and enable individuals to acquire new knowledge faster. COPs can be
more or less structured depending on the needs of the membership.
4. Document Repositories: Collections of documents that can be viewed, retrieved,
and interpreted by humans and automated software systems (e.g. statistical
software packages). Document repositories add navigation and categorization
services to stored information. Key word search capability is often provided to
facilitate information retrieval.
5. Retire to Rehire: The easiest knowledge recovery tactic to employ when expertise
walks out the door is hiring recent retirees back as contractors or consultants.
Retirees not only have the skills needed but they also know the culture and
organizational history, and have the extensive social networks necessary to get the
work done, even when they are different from those they left. Bringing back retirees
is most likely going to be a widely used short-term tactic for knowledge recovery in
the years ahead. Using retirees as contractors, however, is a double-edged sword.
It helps retain access to irreplaceable expertise, but it can also create a false sense
of security that the organization still controls specific knowledge.
6. Job Aids: These are tools that help people perform tasks accurately. They include
things such as checklists, flow diagrams, reference tables, decision tree diagrams,
etc. that provide specific, concrete information to the user and serve as a quick
reference guide to performing a task. Job aids are not the actual tools used to
perform tasks, such as computers, measuring tools, or telephones.
7. On the Job Training On-the-job training is any kind of instruction that takes place
at the actual job site and involves learning tasks, skills, or procedures in a hands-on
manner. It can be informal, such as when a person asks a co-worker to show how to
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perform a task, or part of a more formal structured OJT system. If part of a
structured system, there are usually prescribed procedures for training that specify
the tasks and skills to be learned and that sequence the activities to build on
knowledge already acquired. There are also administrative processes requiring both
trainer (sometimes called a coach) and trainee to certify that a particular task or skill
has been mastered. Structured OJT is usually more effective than informal;
however, informal can also be valuable.
8. FortCollipedia An internal wiki that serves as a electronic archive of knowledge
that can be shared across the department. A wiki is a collaborative Web site that
provides an easy way for people to upload and edit information online. Wikis
organize data using the concept of "pages" where ideas or topics can be articulated
in full, then specific words or segments are linked to related pages for in-depth
discussion of a concept or practice. As such, wikis provide a modular way of
viewing and storing information while supporting the fact that any piece of
information pulls from or relies on other pieces of information.
The goal of retaining knowledge is always related to creating value through access and
reuse, not just capturing intellectual capital, for the sake of posterity.
The Mejorando Group is prepared to collaborate with Utilities Department leadership in
determining which KM tools are most appropriate based on need and resources available
and from those discussions, a more in-depth proposal will be provided that outlines precise
steps, expected benefits and timeframes of the KM tools selected.
SILICCESSION PLANNING COMPONENTS
An effective succession planning program must include 1) a systematic rather than
anecdotal way of identifying candidates; 2) leadership that rewards managers for promoting
(rather than holding onto) their best employees; 3) career ladders; 4) progressive
recruitment and selection practices; 5) human resource policies that reflect a contemporary
workplace; 6) training that focuses on competency development, is accessible to
employees and is well -designed and delivered; 7) frequent opportunities for employees to
accept new challenges, and 8) recognition that employees have a stake in the organization
and share its successes. Consequently, effective succession planning requires a
comprehensive strategy of multiple tactics.
As per the RFP, we are proposing several other tasks/components necessary for
successful implementation of a Succession Planning Program:
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Each of these five segments will separately and collectively fortify the Department's pursuit
of a systematic approach to developing talent and ensure high quality service delivery. The
following are brief descriptions of each segment.
Described on Exhibit A of the RFP is a draft Leadership Development Program being
considered by the City staff. The Mejorando Group concurs with the draft Program and
offers the following for consideration as a means to implement a comprehensive approach
to leadership and management development and ensure talented employees are being
developed.
The Leadership Development Program may be intended to:
• Develop an understanding of and competency in the various roles of a leader in the
City of Fort Collins.
• Increase the personal and interpersonal effectiveness.
• Enhance the capacity of leaders to think strategically and act as catalysts for and
leaders of organizational change.
• Foster a culture of collaboration and innovation in a diverse workforce.
• Develop an environment of on -going learning and strategic, creative and innovative
problem solving.
Our role in the leadership development process has been from inception to implementation
and includes the following services:
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• Collaborating with organizational leaders and senior HR staff in crafting program
objectives and components.
• Designing program components.
• Facilitating process to adopt competencies for front-line employees, mid -managers and
executives.
• Administering 360-degree feedback assessment instruments.
• Facilitating one-on-one consultations with 360-degree participants to create a
customized self -development training and development plan.
• Aggregating 360-degree feedback from all program participants into overall
performance assessment and providing series of recommendations focusing on
training, development, performance management, organizational culture, and
management practices.
• Designing and delivering a large number of competency based workshops for all levels
of the workforce — front line, supervisory, senior management and executives.
• Leading web -based chat forum for participants to engage in learning outside classroom
activities.
• Facilitating action learning project teams.
• Delivering executive education programs including Leadership Challenge workshop.
• Creating and administering range of evaluation tools.
• Creating and implementing Mentoring Program(s).
• Providing business coaching to program participants and mentors
Based upon further discussions with the Director of the Utilities Department and members
of his leadership team, a customized Leadership Development Program consisting of
several of the aforementioned components will be developed for consideration and
implementation.
Beyond the trend showing the aging of the Department's workforce, turnover information
indicates younger employees holding a position for less than 20 months. As a result, the
need to retain and develop top performers is key. As depicted in the graphic below, there
are a number of factors which influence employee retention.
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Drivers of Retention
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The benefit to crafting and implementing a tailored approach to employee retention for the
Utilities Department will be to determine to what extent the various factors which influence
retention are occurring. Based on this analysis, a customized approach will be prepared for
consideration.
The Mejorando Group will convene a series of focus group sessions with randomly selected
employees in order to determine the extent various factors are impacting employees and
how that is, and possibly will, translate to employee retention and turnover. Exit interviews
will be conducted by phone with a select group of former employees who have recently
departed. Combining the information gathered will determine trends and based on those
trends, a series of employee retention strategies will be recommended via a written report.
Potential recommendations may include:
■ Employee Participation strategies and techniques
■ Improved communication channels
■ Career counseling
■ Recognition and Rewards
■ Enhancing performance feedback
■ Compensation and Benefits
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City government organizations like the City of Fort Collins are essentially on the "front -lines"
trying to effectively deliver services in the face of sometimes unpredictable circumstances.
Job training gaps can leave workers unprepared for many public sector challenges. With
the challenges coming rather fast and furious, a properly trained and prepared workforce is
required to address new challenges.
Overall, training and development should play a vital role in executing the succession
planning program and will do so, if it is targeted in the appropriate direction and provides for
the appropriate skill development. It is training and development where the City will, most
likely, be able to cost-effectively involve the largest number of members of the workforce.
Typically an organization -wide emphasis on Employee Development and Training includes:
Strong focus on creation of a customized Training and Development Plan for each
employee.
• Creation of an Employees' University. This University, without walls, will oversee all
non -technical training for employees and will include course offerings, vendors
selected, etc. Typically, it is overseen by an Advisory Board comprised of a small
number of select department directors and employees. The focus will be to include
training workshops that enhance employees' interpersonal skills, and for those
persons interested, supervisory and management skills.
• A three tier Training Program with specific workshops for, one, those aspiring to be
or are currently supervisors, second the members of mid -management and the third
for those interested in pursuing a department director position. BU would oversee
this program.
Investing in employees means much more than training, it also includes developing
their skills through experiences outside the training classroom. Development
represents efforts to improve employees' abilities to handle a variety of assignments
and to cultivate employees' capabilities beyond those required by the current job.
Development in areas such as judgment, decision making, and communication
present a challenge. These areas may or may not develop through life experiences
of individuals. As a key part of succession planning, a planned system of
development experiences for all employees, not just managers, can help expand the
overall level of capabilities in the organization. Development activities for
employees fall into several categories. The following description of employee
development strategies are provided for use by City staff as employee training and
development plans are prepared.
o Variety of Job Assignments
o On -the -Job Coaching
o Job Shadowing
o Job Enrichment
o Job Rotation and Lateral Moves
o Task Force Assignments
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o Higher -Level Meeting Attendance
o "Acting" or Replacement Assignments
o Serving as a Conference Leader or Instructor
The Mejorando Group is extremely well versed in partnering with government leaders in the
design and implementation of a comprehensive approach to employee training and
development including the creation and delivery of competency -based workshops, use of
online instructional tools and facilitating action learning groups.
Although the assumption is that succession planning alone increases bench strength and
promotes executive and management continuity, it is equally important that the organization
possess human resource policies and practices that support effective succession planning.
These practices are central to the city's Employment Brand. One of the popular "buzz"
words today is branding, a business practice that is not really new. More and more
organizations are adopting a brand building strategy. Unfortunately, many believe that
adopting a new identity logo is the equivalent of redefining their organization's brand, when
in fact, it is not. Actually, brands are living concepts that we hold in our minds.
There are those who believe that because of current economic conditions and the
frequency by which public sector organizations have adopted "until further notice hiring
freeze," that directing resources towards strengthening their brand is unnecessary. This
could not be further from the truth! The reality is now is the perfect time in which to allocate
resources towards building your agency's brand. Top flight employees always have options
regardless of the economy and they want their next career move to be at a place that
matters and be able to make a difference. What better place than local government!
Organizations who invest time, effort and energy towards building their brand find the
advantage of building a reputation for developing talent are greater than they may have
thought — "a first -pick advantage." Organizations that provide people with opportunities to
learn and grow become talent magnets, drawing scarce talent in droves. By continually
attracting the most promising people and continually developing them, these organizations
become higher -performing, and enhance their ability to attract the best — a self -renewal
cycle to expand the capacity of the organization to tackle tougher and more demanding
challenges.
There are 8 touchstones that impact the City of Fort Collins Employment Brand
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Wo Culture Web Stte Hiring Process
1
Career Employer Job
Development Announcement
Brand
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Each of these categories would be evaluated based on current practices and series of
targeted, cohesive recommendations provided that will immediately strengthen the City's
Employment Brand.
There are several litmus tests to gauge how well an organization's performance
management system is working. First, the performance management system must
motivate the best performers. Of course, performance management is for all employees,
and general excellence in performance means greater productivity and increased
effectiveness. But it is especially important that the system work well for the employees
who contribute the most. The system must also accurately reflect organizational -business
objectives. Employees should understand that their rewards derive from doing what the
agency values most. Employees must feel that their work matters toward business
performance.
Performance management must be structured and consistently applied, but also flexible
and responsive to the needs and styles of employees. Designing performance systems is
never easy; changing them can be even harder, if for not other reason than employees are
used to the ones they have, like them or not.
The existing performance management system, including the instruments used, will be
analyzed and recommendations offered. An effective performance management system is
necessary for an effective succession planning program.
SUMMARY
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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.
4. 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 $1,000,000.
5. Compensation. Inconsideration 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: Partner $180/hour
Reimbursable direct costs: $5,000.00
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Twenty Three Thousand Dollars ($23,000.00). 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 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
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The Mejorando Group is prepared to collaborate with the Director of Utilities and his
leadership team in determining which succession planning programs are most appropriate,
considering existing resources and based on those discussions, a more in-depth proposal
for each segment will be provided that outlines precise steps, expected benefits and
timeframes of the programs selected.
The following schedule is intended to provide a general framework for the project.
Date
Activity/Task
Hours
Fee
September 10
Notice to Proceed is issued
September 17
Project preparation and participating in
10
$1,800
meeting with senior staff to review the work
plan, review the list of key positions, expert
interview tool and form of final reports
September 28-30
Expert Interviews conducted
15
$2,700
October 1 — October 15
Incumbents/Pilot Program participants
com lete Position Description Questionnaire
MW
October 1 — October 29
Analysis of Expert Interviews, completed
40
$7,200
Position Description Questionnaires and
Job/Position Descriptions
November 8
Submission of draft Position Summary to
incumbents for review.
November 9 —
Review by incumbents of Position Summary
November 19
draft.
December 13
Revision of drafts and submission of final,
30
$5,400
version of Position Summary (ies) and
preparation of Strategic Work Plan
incorporating other factors needed to
implement Succession Planning.
TBD
Presentation of Position Summary (ies) and
5
$ 900
Strate is Work Plan
TOTAL
100
$18,000
The estimated fee is $18,000 plus $5,000 in reimbursed travel expenses covering up to three trips on -site.
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EXHIBIT B
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this
Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that
the City has established policies and procedures with regard to the handling of confidential
information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance of
services that the Contractor has agreed to perform, the Contractor hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor agrees
to treat as confidential (a) all information that is owned by the City, or that relates to the business of
the City , or that is used by the City in carrying on business, and (b) all information that is
proprietary to a third party (including but not limited to customers and suppliers of the City) . The
Contractor shall not disclose any such information to any person not having a legitimate need -to -
know for purposes authorized by the City. Further, the Contractor shall not use such information to
obtain any economic or other benefit for itself, or any third party, except as specifically authorized
by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or
(b) is required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to
whom it is required to make such disclosure and shall promptly advise the City in writing of each
such disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so requests for
any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced)
thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a breach of the
Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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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.
6. 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.
7. Proiect Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no
older then the established city standard.
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.
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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 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.
16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
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a. As of the date of this Agreement:
Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
Notify such subcontractor and the City within three days that Professional
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 Professional
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.
e. Professional 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.
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f. If Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
17. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) pages,
attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: op
a es B. O'Neill II, CPPO, FNIGP
,Director of Purchasing
& Risk Management
DATE: Lxz Z i i, o
The Mejorando Group
By: G 0 --
Y
Title:. V "-P ff
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: '� It 3
ATTEST:
(Corporate Seal)
Corporate Secretary
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EXHIBIT A
SCOPE OF SERVICES
The City of FortCollins like many organizations is experiencing a "brain drain" which places the organization
at a critical juncture: the need for experienced and seasoned professional staff members
has never been greater and the trend which shows these organizational members as the
most likely to be departing the organization in the very near future. The focus of the
organization, combined with the current trend of more and more employees retiring
indicates that a comprehensive method to replace talent throughout the organization is
needed: the creation of a robust Succession Planning Program with the first emphasis on
Knowledge Transfer in the Utilities Department.
Our approach will help the Utilities Department obtain and transfer valuable information
before It "walks out the door." The goal of this process is to preserve knowledge assets,
enabling the Utilities Department to:
• Minimize the risk and cost of lost knowledge
• Increase the speed to competence of individuals assuming new responsibilities.
• Build internal bench strength, thereby increasing employee retention.
• Create knowledge and skill repositories that support creative job and learning
design.
• Lower training costs through repurposing assets across various employee groups.
Knowledge is vastly different than data due to its subjective and contextual nature and
essentially can be defined as "how things get done" inside an organization. Knowledge is
obtained through a variety of experiences, typically over a period of time, and is the primary
factor in exercising sound judgment and decision -making, two responsibilities often handled
by executives. To capture and transfer knowledge requires a categorization system to
identify the types of knowledge important to the organization.
Explicit knowledge can be preserved and transferred to other employees through the
creation of procedural guides, desk manuals, or libraries of related documents. Some
agencies have also developed transition planning forms that retiring employees complete
before they leave. Such forms identify key documents and where they are located (e.g.,
shared computer drive), important dates during the year given the specific duties of the
position, key players inside and outside the organization, needed skills and appropriate
skills training, and professional support organizations. It is more difficult to capture tacit
knowledge. Approaches such as wikis, knowledge blogs, or other online archives of
knowledge attempt to capture information, best practices, and stories (which are often the
best way to learn). To further extract tacit knowledge, some agencies conduct in-depth and
Standard Professional Services Agreement- rev03/10
probing interviews of retiring interviews and post the videos of the interviews on their
intranets. Identifying communities of knowledge across the organization or developing an
"expert yellow pages" can assist newly promoted employees. Organizations can also bring
back retired professionals to assist their replacements.
Based on the size of the Utilities Department and its most pressing needs as
outlined in the RFP, the "Expert Interview" approach is being recommended for
consideration as a Pilot Program. The goal of this endeavor is not to manage, or
transfer, all knowledge, but to manage the knowledge that is most important to the Utilities
Department. In other words, what is referred to as Critical Knowledge. Expert interviews
are a way of making tacit knowledge more explicit. A person can describe not only what
was done but why, providing context and explaining the judgment behind the action.
Interviews are often easier for the experts than having them write down all the details and
nuances. The focus is to determine skills and knowledge make the person effective in his
or her position. What are the unique roles of this key player? What has made him or her
successful over the years? Essentially, it becomes the "highlight reel" of the person's job.
Steps involved in the Expert Interviews include:
1. Meet with senior staff to review the overall work plan, the list of key positions
identified, the actual interview tool and other transfer tools to be used, along with the
form of the final reports produced for each position in the pilot.
2. Meet individually with incumbents/Pilot Program participants occupying the positions
selected. These interviews are intended to obtain substantive information about the
key roles each plays in executing their respective responsibilities. Not intended to
serve as an exhaustive inventory of all duties and tasks, the focus is primarily on
extracting critical Utilities related tacit knowledge as it relates to key internal
processes and practices. For example:
• What are the primary responsibilities of the position?
• What tasks do people in this position perform?
• How do they complete these tasks? What steps and actions do they take?
What tools, systems, or processes do they use?
• What does one need to know to be able to complete these tasks?
• What education, experience, or training prepared them to complete the
tasks?
• Identify storage location of key documents and plans.
• Crucial dates throughout the year (i.e. budget, maintenance activities, etc.).
• Key partnerships with external sources such as community groups, vendors,
and suppliers.
• Key relationships with other city staff.
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