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HomeMy WebLinkAbout403506 THE MEJORANDO GROUP - CONTRACT - RFP - 7143 KNOWLEDGE TRANSFER CONSULTANT (2)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 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 ten (10) 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 September 1, 2011. 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 841h Avenue PO Box 580 Fort Collins, CO 80522 Glendale, AZ 85305 Fort Collins, CO 80522 Standard Professional Services Agreement- rev03/10 1 As described in the KM Transfer Report of January 12, 2011 moving forward with Knowledge Management it is important to realize that KM does not stop. Capturing, retaining and transferring knowledge is a cycle and to enable the KM process, the Utilities Department should identify an organization -wide KM champion. Not an individual but a group of champions to serve on a Task Force. The KM Task Force will be comprised of like-minded, highly energized employees should and will have as a role to provide coordination and direction over the implementation of the various Knowledge Transfer techniques. The group shall report to the Executive Director, select their own deadlines, meet as necessary and overall, provide the visibility and advocacy crucial for the KM techniques to be successfully executed. The Task Force should be comprised of both management and front-line employees. The Task Force will focus a majority of their efforts on translating the various KM techniques described in the KM Transfer Report into an operational practice. As a reminder, these techniques include: The Task Force may also serve in an advisory role to the Executive Director regarding other aspects of the KM Transfer Program such as the policy governing revisions to Job Analysis Questionnaire (JAQ). The Task Force will serve as a visible symbol that KM transfer is essential to continued utility operations and through their work, will seek to link or synchronize the knowledge management strategy with the strategic mission of the Utilities Department. Ultimately, C3 for KM transfer to prove effective it must become seamless to the organization and be woven into its fabric. Consulting services will consist of the following activities: 1. Prepare and deliver a briefing/meeting with Utilities Department employees about: o The concept and application of Knowledge Management. o The demographic trends within the Utilities Department which have created the sense of urgency surrounding the adoption of a KM Strategy. o The key aspects of the KM Transfer Report including the Pilot Program and the various KM techniques recommended for implementation. o Introduce the topic of the KM Task Force, its role and outline the process for assembling members to serve on it. A handout will be provided at the briefing/meeting for employees interested in serving on the Task Force. Each orientation/meeting shall be 90 minutes in duration and to accommodate a workforce the size of Utilities, approximately 400 persons, at least six sessions should be scheduled. Three sessions per day over the course of two consecutive days is recommended. Each employee will need to attend only one session. These briefing sessions are tentatively scheduled for March 30 and 31. 2. Subsequent to the briefing/meeting, create an email announcement about the KM task force, including attaching a "Notice of Interest' for employees interested in serving, to complete and submit for consideration. 3. Collaborate with members of the Utilities Department Executive/Management Team to review Notice of Interest forms submitted to determine the composition of the Task Force. 4. Notify employees who were and were not accepted to serve on the Task Force. Once the Task Force has been established, consulting services will consist of the following: 5. Design and facilitate meetings of the Task Force: o Initial meeting of the Task Force, tentatively scheduled for April 29, will include: • Brian Janonis will be invited to attend and requested to share his ideas and thoughts about KM and the role of the Task Force. • Introductions of each member and request he/she describe their particular interest in serving on the Task Force. 4 • A structured activity designed to unify group members towards a common goal. • An extensive review of the KM Transfer Report of January 12, 2011 as a means to acquaint Task Force members with the various recommendations offered. • Determine frequency of meetings. o Second meeting of the Task Force will include: • In-depth discussion of the various KM techniques included in the KM Transfer Report. • Examining the presence of a number of aspects of the existing work environment which are crucial to a successful KM Transfer Program. These factors are: Organizational Culture: the presence within the existing workplace culture of collaboration, role of performance reviews, messages communicated by executives and senior managers, leadership development efforts, recruitment and selection processes and other actions designed to reinforce KM transfer. ➢ Rewards and Incentives: the extent to which the Department organization recognizes and rewards employees who share knowledge. Relationships: the emphasis placed on staff members being willing to share and reuse knowledge. ➢ Trust: how well do employees know and trust the source of the knowledge. ➢ Senior Leadership Support: the advocacy demonstrated by senior leaders in fostering a KM Transfer workplace. ➢ Technical and Organizational Infrastructure: How extensive is the department's use of technologies that are knowledge - oriented, such as group use software programs and the web, and people have the skills to use them. o Subsequent meetings of the Task Force will focus on: • Determining the particular application and sequencing of the various KM techniques. • Identifying effective methods to strengthen the workplace environment and improve its fostering of effective KM Transfer. The Task Force shall focus on specific targeted needs, for example the techniques selected for implementation will emphasize the strategic and tactical decisions that employees typically make as part of his/her job. Furthermore, the Task Force will serve W as the primary influence enabling the link of the KM Transfer Program to organizational Effectiveness by serving as a visible symbol and implementing multiple strategies for Knowledge Transfer. In summary, the provision of consulting services is to provide expertise in KM Transfer, generally, and specific to the Utilities Department, and demonstrated capabilities in shepherding/guiding the Task Force towards implementing the KM Transfer Program. A separate consulting service is to conduct training for up to two members of the Task Force in the Expert Interview method. A representative of Human Resources, who may likely a member of the Task Force, will be one of the two employees selected to participate in the training. The other member will be determined at a later date. The benefit of equipping two department employees in the actual method of Expert Interviews is their ability to continue this practice in-house and possibly train other department employees, as well. It is recommended that once the two Task Force members have been selected, up to five employees within the Utilities Department be identified to participate in the Expert Interview process. Factors to consider in determining the five employees are tenure, position title, and number of incumbents in same position. The process to train two Task Force members in the Expert Interview process will consist of the following activities: 1. Selection of up to five employees who have been identified serving in at -risk positions will be participants as the Experts. 2. Meet individually with incumbents/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? 9 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. 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 will provide a completed Job Analysis Questionnaire (JAQ) that will provide a personal written summary of their tasks and responsibilities. 4. Job description for each'of the positions involved will be obtained and reviewed. 5. Information obtained through the interviews, JAQ and job description will be analyzed, summarized and documented in a Position Summary written report. A Summary will be provided for each of the positions. 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. 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. The two Task Force members will be extremely active partnering with Mr. Ibarra on each step of the actual process — meeting with the employees, reviewing the draft, asking follow up questions and finalizing the Position Summary. C. Additional Success Planning Program consulting services. Included in the KM Transfer Report is, per the RFP, a "Strategy Document' for implementing succession planning in Utilities that incorporates the additional career development programs already established. Based on the extensive experience the Mejorando Group has obtained through developing and implementing several Succession Planning Programs for cities, we have a high level of confidence in the Program we are recommending. The synchronization of these programs is fundamental t7 to it being a driving force for positive change and to strengthen the workforce for the Utilities Department. How City of Fort Collins Utilities will meet the customer and business demands of the future? 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 Mejorando Group is extremely well versed in partnering with government leaders in the design and implementation of a comprehensive approach to Succession Planning, and upon further discussions with the Executive Director would be pleased to provide a detailed Scope of Work for each of the four remaining segments (Knowledge Transfer having already been outlined previously in this proposal) of Talent Pool, Leadership Development, Development Activities and Recruitment & Selection. Our expertise will provide precise actions the Utilities Department can implement to establish a strong foundation for each segment along with a cohesive set of tactics to translate the strategy into action, all converging into fortifying the workforce. G Focus Consulting Proposed - Fee Area Services • .-. A. Task 1. Prepare and present 1. Briefings/Meetings — For Steps 1-5 Force Briefing/Meetings to March 29 and 30. is $18,000. Utilities Department employees. Six meetings over two consecutive days shall be presented. 2. Create Notice of 2. Notice of Interest Interest for completed by March 23. prospective Task Force members to complete and submit. 3. Determine 3. Composition of Task composition of Task Force completed by Force. April 15. 4. Design and facilitate 4. Initial meeting of Task initial meeting of Task Force on April 29. Force. 5. Second meeting of Task 5. Design and facilitate Force on May 17. For Step 6, the second meeting of Fee is $2,800 Task Force. to design and 6. Design and facilitate facilitate each subsequent meetings meeting. of Task Force. B. Training - Two members of Task Completed on or before $7,000 for on Expert Force to participate in June 15. training two Interview training on how to TF members Process conduct the Expert and Interview process. conducting - Up to five employees Expert selected to participate Interviews, as subject matter including experts in Expert Position Interview Process. Summaries - Preparing a Position for five Summary for each of employees. the five employees. C. - Services and role to be TBD Based on Succession based on future scope of work Planning discussions. per service. Amount not to exceed for fee is for A, steps 1-5 = $18,000; for A, step 6 = $11,200 (four meetings are estimate); and B = $7,000 for grand total of $36,200. Reimbursement for reasonable and customary travel expenses is estimated at $10,000. Hourly fee is $180. Estimated completion date for entire project is September 1, 2011. 10 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. 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. 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. 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: Partner $180/hour Reimbursable direct costs: 10,000.00 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Forty Six Thousand Two Hundred Dollars ($46,200.00). 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 Standard Professional Services Agreement- rev03/10 2 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. 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. Project 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 Standard Professional Services Agreement- rev03/10 3 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 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 Standard Professional Services Agreement- rev03/10 4 Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. 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: 1. 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 Standard Professional Services Agreement- rev03110 5 investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 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. Standard Professional Services Agreement- rev03/10 6 THE CITY OF FORT COLLINS, COLORADO By: in / �7e . J m s B. O'Neill II, CPPO, FNIGP Director f urchasing & Risk Management DATE: 3 The Mejorannddo` G aro By: Title: Lxp'" CORPORATE PRESIDENT OR VICE PRESIDENT Date: 317/11 ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev03/10 v mejorando group MITNO February 28, 2011 Submitted By: Patrick Ibarra 7409 North 84"' Avenue Glendale, AZ 85305 925-518-0187 www.gettingbetteralithetime.com Exhibit A City of Fort Collins City of Fort Collins Knowledge Transfer Consulting Services Phase Two - Implementation A Knowledge Transfer Program was prepared and accepted by the City of Fort Collins Utilities Department. Strong, focused and sustained commitment is required to successfully implement the recommendations from the report and institute a successful Knowledge Management Transfer Program. There is a strong probability that the change initiative being pursued by the Department will be successful and outcomes realized if a resource with seasoned experience and practiced skills are provided. We, as that external resource, view this next phase as one in which our role is in an advisory capacity sharing our expertise and experience from similar KM Program initiatives. We possess a comprehensive understanding of the organization and recommendations in the Report and are extremely well -versed in the most effective strategies for a successful implementation. Specifically, this Proposal further describes our services, role, structure of service delivery, and fee. Beyond extensive local government experience and in-depth understanding of the Utilities Department and the utilization of knowledge transfer within its operation, we possess the requisite consulting skills - team development, strategy development, project management, communication, problem solving and interpersonal - vital to achieving the stated goals for the project. Consulting services will consist of: A. Establishing Knowledge Management (KM) Task Force and subsequently working with its members to implement KM transfer within the Utilities Department. B. Training up to two members of the Task Force on the Expert Interview process. This will consist of up to five employees being identified for participation in the Expert Interviews, individual meetings scheduled with each employee that are facilitated by Patrick Ibarra and the two Task Force members who are being trained, and a Position Summary created for each of the five people. C. Assisting with other components of Succession Planning. Additional details for each service follows.