San Francisco Public Utilities Commission Preserves Expertise with Better Knowledge Management

Case 2: San Francisco Public Utilities Commission Preserves Expertise with Better Knowledge Management 1. What are the business goals of SFPUC? How is knowledge management related to those goals? SFPUC is a department of the city and county of San Francisco that provides water, wastewater, and municipal power services to the city.SFPUC’s Power division provides electricity to the city and county of San Francisco, including power used to operate electric streetcars and buses; the Regional and Local Water departments supply some of the purest drinking water in the world to San Francisco and neighboring Santa Clara and San Mateo counties; and the Wastewater division handles flushed and drained water to significantly reduce pollution in the San Francisco Bay and Pacific Ocean.The mission of this organization is to provide San Francisco and its Bay Area customers with reliable, high-quality, affordable water and wastewater treatment while efficiently and responsibly managing human, physical, and natural resources. SFPUC met these challenges by implementing a business process management (BPM) and workflow solution from Interfacing Technologies Corporation to drive change efforts across the organization. The system, called Enterprise Process Center, or EPC, manages knowledge retention and establishes new ways of collaborating, sharing information, and defining roles and responsibilities.EPC solved that problem by creating work order flows for all tasks performed within the organization, defining the employee roles and responsibilities for each. They will not search for files everywhere, just type it in the search box and one can view it. It makes employees working easier. 2. What were some of the challenges faced by SFPUC? What management, organization, and technology factors were responsible for those challenges?The two major challenges SFPUC faced were successfully capturing, managing, and transferring this knowledge, and maintaining reliability and accountab ility despite a large influx of new workers. SFPUC expected that a significant portion of its employees—about 20 percent—would retire in 2009. To make matters worse, the majority of these positions were technical, which meant that the training of new employees would be more complicated, and maintaining knowledge of the retiring workers would be critical to all areas of SFPUC’s business processes. . Describe how implementing EPC improved knowledge management and operational effectiveness at SFPUC. With EPC, SFPUC would be able to maintain continuity from older to newer employees more easily. SFPUC was impressed that the system would span all four of its major divisions, helping to standardize common processes across multiple departments, and that it would be easy to use and train employees. 4. How effective was EPC as a solution for SFPUC?SFPUC management had anticipated that eliminating outdated tasks would have the added effect of keeping employees happy, which would help SFPUC’s performance by delaying retirement of older employees and increasing the likelihood that newer hires stayed at the company. EPC allowed employees to provide feedback on various tasks, helping to identify tasks that were most widely disliked. EPC helped SFPUC take its baby boomers’ individual data and knowledge and turn them into usable and actionable information that was easily shared throughout the firm. SFPUC stayed much further under budget than other comparable governmental organizations.

Early Childhood Education and Creative Learning Essay

1. Analyse the differences between creative learning and creativity. Creativity and creative learning are highlighted by the Early Years Foundation Stage (EYFS) framework as being a significant aspect in the holistic development of young children. Children need to have the opportunities to respond in an individual and personal way, make choices and follow new ideas uninhibited by adult expectations. Many people believe creative learning and creativity are the same but in fact they are very different. Creative learning is about how children are actively involved in their own learning and their ability to make choices and decisions. Ofstead states that among professionals, creative learning is seen as questioning and challenging, making connections and seeing relationships, envisaging what might be, exploring ideas, keeping options open and reflecting critically on ideas, actions and outcomes. (Ofstead 2010) Creativity however is about seeing things in a new way and using your imagination. Being creative is strongly linked to play and by allowing children to explore and express themselves through a variety of media or materials including, dance, music, craft, drawing, painting and role play, children are able to produce original outcomes in a variety of ways. The National Advisory Committee on Creative and Cultural Education (NACCCE) defines creativity as â€Å"imagination, fashioned so as to produce outcomes which are original and of value† (NACCCE, 1999) and believes all people have the capacity and democratic right, to be creative in all aspects of life. 2. Explain current theoretical approaches to creativity and creative learning in early childhood. Western society has for many years supported the idea of nurturing children’s creativity to enhance early childhood education, inspired by Swiss philosopher Jean-Jaccques Rousseau’s ‘Romantic’ view first voiced in the eighteenth century that acknowledged children’s curiosity and capacity to make new ideas and meanings. In 1999, Gopnik, Meltzoff and Kuhl supported this theory with revolutionised ideas on the human mind and childhood. They  believed that babies are born with the ability to make connections to the world around them and with this desire to explore is born curiosity, in turn developing our creativity. However, Woolf and Belloli (2005) state that children also need a supportive environment and the opportunities in which to develop the skills required to support their creativity. Adults should encourage children, provide new materials, such as stories, music and dance in order to explore and offer interest and praise to promote self value and a feeling of achievement. More contemporary theories support Woolf and Belloli’s ideas, such as the Effective Provision of Preschool Education Project (EPPE) 2004, which emphasises the importance of adult supported play. Interaction and acknowledgement during play is significant, for it is the process and not the final outcome that is central to creative learning. It is also believed that creativity and creative learning support holistic development in the early years, improving overall outcomes especially for those from disadvantaged backgrounds. By developing a child’s innate curiosity and creativity, practitioners are able to build on current skills and expand opportunities. The Thomas Coram Children’s Centre in Camden, London focuses on the Every Child Matters Agenda and the importance of creativity in the early years and shows from a study conducted in 2009, that 90% of the cohort of children who left that year, reached or exceeded expectations for their age, although only 56% were reaching expectations on entry to the centre. Studies have emphasised the importance of developing creative practice in the early years setting and fostering creativity directly from the child, encouraging a child’s ideas and promoting the possibilities. Jeffrey and Craft (2010) believe this practice to be ‘learner inclusive’ by providing young children with the means and resources to demonstrate their own unique skills, initiating their own ideas and developing their own perception of the world around them. 3. Critically analyse how creativity and creative learning can support young children’s emotional, social, intellectual, communication and physical development. Creativity and Creative learning can be delivered across the whole curriculum and can support each of the Early Learning Foundation Stage’s six areas of development: Personal; Social and Emotional; Communication, Language and Literacy; Problem Solving, Reasoning and Numeracy; Knowledge and Understanding of the World; Physical Development (Gross motor and fine motor) and Creative Development. All these areas must be delivered through a balance of child initiated and adult led activities and are all equally significant in the holistic development of young children. Personal, Social and Emotional Supports development through the process of selecting and using activities and resources independently and in taking turns and sharing equipment during imaginative play. Communication, Language and Literacy: Supports development through the listening to and the use of language, both through written and spoken. Uses this to communicate in play and in learning by talking about what they are doing and communicating with others. Problem Solving, Reasoning and Numeracy: Supports development through developing mathematical ideas and methods to solve practical problems and learning new concepts. Knowledge and Understanding of the World: Supports development through the use of senses and the investigation of objects and materials. Physical: Supports development through the use of handling tools, objects, construction and malleable materials, developing dexterity, had and eye co-ordination and general fine motor skills. Creative: Supports development through expressing and communicating ideas, thoughts and feelings, through imaginative play, designing, making, music and song, drawing and painting. Pompts aesthetic awareness and appreciation of shape, patterns, relationships and composition. Bibliography * www. hoddereducation. co. uk/SiteImages/f3/f3966925-d0a6-4 * www. educationstudies. org. uk/materials/comptonf4. pdf * www. ofsted. gov. uk/resources/learning-creative-approaches-raise-standards.

Storm Born Chapter Seventeen

To his credit, he didn't really manhandle me too badly that night. At dinner, he kept a hand on mine or an arm around my shoulder but little more than that. As he pointed out to me in a quiet moment, anyone could make a brazen display of fleshiness. What really indicated intimacy was how two people interacted with each other, what their body language said. So I worked on looking comfortable and happy in his presence, and from the shocked expressions on people's faces, we must have done a pretty convincing job. He took me to his bedroom after that, looking smug and presumptuous to those watching. But when we got there, he actually gave me my first lesson. Honestly, it was a bit disappointing. I'd been ready for fireworks. What I got was a lot of practice on quiet meditation and focus. He claimed if I couldn't control my own mind, I couldn't control the power. So I spent the next couple hours with him working on this and found my most difficult challenge was in not slipping into trance or astral travel. Those behaviors came so automatically to me in still moments that I kept lapsing. The kind of meditation he wanted me to do involved turning my senses outward rather than inward, which seemed strange to me since I had thought magic came from within. We finally ended the lesson with him giving me a heavy gold ring that he'd put part of his essence into. It was an anchor. Now if he left the Otherworld through a thin spot, he could transition to mine without appearing in a corresponding thin spot. He would simply travel to wherever the ring was. It would save both of us extraneous travel time. What it also meant was that he planned on coming to my world for some of the lessons. I had mixed feelings on this. Certainly it would be more convenient for me. But the fact that he could even jump with an anchor like that indicated how powerful he was. That realization was just a teensy bit unsettling, as was the thought of him in the human world at all. And yet, by being there, his powers would diminish. He would be safer – or rather, humanity would be safer. Back home, the following couple of days were more of the same: fights, fights, and more fights. Yet, as Dorian had predicted, some of the traffic dried up. I liked to think this was because my reputation was scaring would-be suitors away. More likely, my new connection to the Oak King made my assailants think twice about incurring political fallout. As it turned out, I had to deal with my own share of fallout over this alliance – from Kiyo. â€Å"Are you sleeping with Dorian?† He stood in my doorway, his dark hair backlit by the late afternoon sun. He wore a white lab coat with KIYOTAKA MARQUEZ, DVM on the pocket. He must have driven here straight from work. â€Å"Good news travels fast,† I said. â€Å"Come on in.† I offered him a drink and a seat at my kitchen table, but he just kept pacing around restlessly. He reminded me of a wolf or a guard dog. I didn't really know anything about fox behavior. â€Å"Well?† he asked. I poured myself a cup of coffee and gave him a sharp look. â€Å"Don't take that tone with me. You have no claims to what I do.† He stopped pacing, and his expression softened. â€Å"You're right. I don't.† It wasn't exactly an apology, but it was close. I sat down in a chair, folding my legs up underneath me. â€Å"All right, then. No. I'm not sleeping with him.† His face stayed the same, but I saw visible relief flash in his eyes. It was petty, I realized, but knowing he'd been jealous made something warm flutter up inside of me. Grabbing a chair, he turned it around and sat down so that his chin rested on its back. â€Å"Then what's up with the stories?† I told him. When I'd finished, he closed his eyes and exhaled. A moment later, he opened them. â€Å"I don't know what bothers me more. You turning to magic or you turning to Dorian.† I beckoned behind me. â€Å"Have you seen my living room? I am not going to be responsible for inflicting Hurricane Eugenie on Tucson.† That made him smile. â€Å"Tucson already deals with Hurricane Eugenie on a regular basis. But yeah, I get your point. What worries me†¦I don't know. I don't really use magic, but I've spent half my life around people who do. I've seen how it affects them. How it can control them.† â€Å"Are you questioning my self-control? Or my strength?† â€Å"No,† he replied in all seriousness. â€Å"You're one of the strongest people I know. But Storm King†¦I saw him once when I was little. He was†¦well, let's put it this way. Dorian and Aeson and Maiwenn are strong. Compared to other gentry, they're like torches beside candles. But your father†¦he was more like a bonfire. You can't use that kind of power and walk away unscathed.† â€Å"I appreciate the warning, Gandalf, but I don't know that I have a choice.† â€Å"I guess not. I just don't want to see you changed, that's all. I like you the way you are.† A smile flickered across his lips and then faded. â€Å"And as for working with Dorian†¦well, that just makes the situation worse.† â€Å"You sound jealous.† â€Å"Of course.† He answered without hesitation, not really ashamed to fess up to his feelings. â€Å"But he's power-hungry too. And he wants to see the Storm King conquest happen. Somehow I doubt he'll be content to have you be his pretend-lover for long.† â€Å"Well, hey, remember I've got a choice in there too. Besides, contraceptive technology is a wonderful thing, right?† â€Å"Absolutely. But Maiwenn says – â€Å" â€Å"I know, I know. All sorts of wise and compelling things.† Kiyo eyed me warily. â€Å"What's that supposed to mean?† â€Å"Nothing. Just that I think it's funny for you to talk to me about Dorian when – â€Å" â€Å"When what?† I set down my cup of coffee and looked him in the eye. â€Å"Honesty again?† He returned my stare unblinkingly. â€Å"Always.† â€Å"You two seemed†¦more than chummy. Is there anything going on between you? Romantically, I mean?† â€Å"No.† The answer came swift and certain. I reconsidered. â€Å"Was there anything going on?† This got a hesitation. â€Å"Not anymore,† he said after a moment. â€Å"I see.† I looked away and felt my own wave of jealousy run through me as my cruel mind pictured him and that beautiful woman together. â€Å"It's over, Eugenie. Has been for a while. We're just friends now, that's it.† I glanced up. â€Å"Like you and I are friends?† His lips turned up wickedly, and I saw the temperature in his eyes dial up a few degrees. â€Å"You can call it whatever you want, but I think we both know we aren't ‘just friends.'† No, I supposed not. And suddenly, after so much time with him and the fact that I'd made out with a full-fledged gentry, Kiyo being a kitsune wasn't really a problem anymore. The lines that organized my life had all blurred. That scared me because I wanted Kiyo, and suddenly I had no excuses standing in my way. And honestly, I realized, it was a lot easier having excuses. Excuses meant you didn't have to work or open yourself to someone else and be vulnerable. If I really wanted to be near and with Kiyo now, I was going to have to look beyond sex. Sex was easy – especially with him. What was going to be hard was remembering how to get close to someone and trust him. I looked away, not wanting him to see the fear on my face, but he already had. I don't know what it was about him, but sometimes he seemed to know me better than I knew myself. He stood up and moved behind me, his hands kneading the kinks in my neck and shoulders. â€Å"Eugenie,† was all he said, voice warm. I relaxed into him and closed my eyes. â€Å"I don't know how to do this.† I referred to him and me, but considering the rest of my life, that statement could have applied to any number of things. â€Å"Well, we stop fighting, for one. Let's drop this other stuff and go out.† â€Å"Now? Like on a date?† â€Å"Sure.† â€Å"Just like that? Is it that easy?† â€Å"For now. And really, it's only as easy or hard as we choose to make it.† We took Kiyo's car, a pretty sweet 1969 Spider, to one of my favorite restaurants: Indian Cuisine of India. The name sounded redundant, but the latter part of it had been a necessary addition. Considering all the local restaurants that served Southwest and American Indian cuisine, a lot of tourists had come in expecting to find Navajo fry bread, not curry and naan. The tension melted between us – the hostile kind, at least – though he did have one pensive moment in which he asked, â€Å"All right, I have to know. Is it true you kissed him?† I smiled enigmatically. â€Å"This is as easy or hard as we choose to make it.† He sighed. After dinner, he drove us out of town but wouldn't say where we were going. Almost forty minutes later, we were driving up and around a large hill. Kiyo found an area with other cars but saw there were no spots left, forcing him to drive back down and park a considerable distance away. Twilight was giving way to full night, and it was hard to find the path up the hill with no lighting. He slipped his hand in mine, guiding me. His fingers were warm, his grip tight and secure. It took us almost a half hour, walking until the path finally crested to a small clearing. I hid my astonishment. It was filled with people, most of whom were setting up telescopes and peering up at the clear, star-thickened sky. â€Å"I saw this advertised in the paper,† Kiyo explained. â€Å"It's the amateur astronomy group. They let the public come out and hang with them.† Sure enough, everyone there was more than happy to let us come and look through their telescopes. They pointed out sights of particular interest and told stories about constellations. I'd heard a lot of them before but enjoyed hearing them again. The weather was perfect for this kind of thing. Warm enough to not need jackets (though I still wore one to hide weapons) and so perfectly clear that you could forget pollution existed. The Flandrau Observatory, over at the university, had fantastic shows, but I loved the casual nature of this one. While listening to an older man talk about the Andromeda galaxy, I thought about just how vast our existence really was. There was so much of it we didn't know about. The outer world, the universe, spread on forever. For all I knew, the inner world of spirits continued on just as far. I only knew about three worlds: the world we lived in, the world the dead lived in, and the Otherworld, which caught everything in between. A lot of shamans believed the divine world was beyond all of this, a world of God or gods we couldn't even imagine. Looking up at that snowstorm of stars, I suddenly felt very small in the greater scheme of things, prophecy or no. Kiyo shifted beside me, and I felt his arm brush mine. My body kept an exact record of where we touched, like some sort of military tracking system. He caught my eye, and we smiled at each other. I felt at peace, almost deliriously happy. For this moment, all was right in the world between us. Maybe I'd never fully understand what pulled two people together. Maybe it was like trying to comprehend the universe. You couldn't measure any of it. It just was, and you made your way through it as best you could. â€Å"Thank you,† I told him later, as we walked back down the hill toward the car. â€Å"That was really great.† â€Å"I saw the telescope at your house – er, what was left of it anyway.† â€Å"Oh. Yeah.† Being up here had sort of taken me away from reality. I'd forgotten that my home was in a state of disaster. â€Å"Mine couldn't really compare to any of these. Maybe I'll have to upgrade now.† We passed the other cars and finally finished the long trek back out to his car. The temperature had cooled down a little, but it was still nice out. Kiyo wrinkled his nose as we walked. â€Å"Smells like†¦dead fish out here.† I inhaled deeply. â€Å"I don't smell anything.† â€Å"Consider yourself lucky. You probably couldn't smell how many people hadn't showered back there either.† I laughed. â€Å"I remember how you smelled my perfume back in the bar that night. I thought it was crazy. So super-smell is another kitsune perk?† He shook his head. â€Å"Depends on what you're smelling.† We got into the car. He started to put the keys in the ignition, then decided he wanted his coat. â€Å"Can you reach it? It's behind my seat.† I unfastened my belt and shifted around, practically hanging through the seats to reach his coat. It was crumpled and lying on the floor. â€Å"Jesus,† I heard him say. â€Å"Are you staring at my ass?† â€Å"It's practically in my face.† I snagged the troublesome coat and leaned back, but his arm caught me and pulled me onto his lap. It twisted me in an awkward position, and I squirmed to straighten out my legs. I finally ended up sort of straddling him. â€Å"I can't believe you lectured me earlier about the dangers of losing control,† I chastised. His hands had slid down to the ass he so admired. â€Å"What was I supposed to do?† â€Å"Hey, I'm not complaining. Just surprised, that's all.† â€Å"I think it's the fox in me.† â€Å"Never heard that excuse before.† â€Å"No, it's true. You'd be amazed how simple the instincts are – and how strong. Sometimes I have to fight to not jump every woman I see. And then I always want to eat. Like I have this paranoid fear if I don't stock up now, I could be starving later when winter comes. It's really weird.† It was compelling too, but wrapped up against him, I realized this conversation was wasting perfectly good make-out time. I unfastened his seat belt and then put my hands palm down on his chest. Leaning forward, I kissed him, pushing myself harder into his lap. His grip on me tightened. â€Å"I thought you didn't want to get involved with a kitsune.† â€Å"Well†¦I happen to think foxes are cute.† I wriggled out of my coat and then pulled off the tank top underneath, neither of which was easy to do with the steering wheel behind me. I rose up on my knees a little, putting my breasts near his face. His mouth showered my cleavage with kisses while his hands tried to undo the bra. Meanwhile, my own hands unfastened the button on his pants. I reached down and slid my hand into his boxers. â€Å"Eugenie†¦Ã¢â‚¬  he breathed. He managed to combine a cautionary tone with an utterly turned-on one. â€Å"We don't have condoms.† I moved my hand farther, suddenly very turned on myself by the thought of having nothing between us. â€Å"The pill, remember? Besides, contraceptive technology is a – â€Å" The car suddenly lurched dangerously onto the side we weren't sitting on. My back jammed into the steering wheel, and we half-tumbled onto the other side. Kiyo's arms went around me, pulling me toward him in an effort to shelter me with his body and keep me from falling. Guess I shouldn't have undone his seat belt earlier. Fortunately, the car didn't flip all the way over, and a moment later, it slammed back down on the side we were sitting on with a jaw-rattling crash. â€Å"What the – † I began. In the dark, I could just barely discern Kiyo's wide eyes staring beyond me, through the windshield. â€Å"I think we should get out of the car,† he said quietly, just as something heavy and solid slammed down on the hood behind me. I heard headlights smash. The entire car shook. I didn't need to be told twice. We kicked open the driver's side door, and I scrambled out. A smell like rotting fish slammed into me. Kiyo started to follow me out, and then the car was lifted up from its front end and slammed back down to the ground. Glass and metal crunched as the motion tossed Kiyo back in the car. The windshield cracked like a spider's web. Fear for him shot through me, but then I finally saw the culprit, and fear for me shot through me. It looked like one of the fuaths, I thought. A fachan, possibly. If so, he was far from home since they were native to Ireland and Scotland. Still, the Otherworld had become as global as the human world, and you never really knew what could pop up where. He looked like something you might get if Bigfoot had sex with a cyclops and then their offspring moved to the Deep South and interbred for another century or so. He was almost eight feet tall and every part of his grossly muscled body was covered with hair – matted and smelly hair that needed a thorough washing. One giant eye, its color indeterminable in the starlight, peered out at me. One extra hand extended weirdly from the right side of its chest, and an extra leg hung off of its hip. The leg didn't seem to help him walk; I wondered if it and the extra arm did anything at all or were just used for effect. Seeing me, he left the car alone and started lumbering forward. Hopefully Kiyo would be able to get out now. I reached for my gun and discovered it was gone. Son of a bitch. It had slipped its holster either from grappling with Kiyo or when the car had tipped. â€Å"Get my gun out!† I yelled back toward the car. Meanwhile, I took a few cautious steps back, assessing how to handle the fachan. Fachans, despite inhabiting the earth, originated in the Otherworld. They could therefore be banished back there. They also crossed to this world in a physical form, which meant they could be killed. I had both athames in my belt. Silver would be more effective, but iron would probably do some damage too. Okay. I just had to manage one of those while keeping it from getting too fresh with me. No problem. He swung one of his long, almost awkward-looking arms at me, and I intercepted it, stabbing him in the hand with the silver athame. I pushed as hard as I could, shoving through tendons and bones. The creature shrieked and jerked his hand back. My hand was on the hilt, but he moved too quickly, too strongly. He took the athame with him. Shit. â€Å"Kiyo!† I yelled. I took out the iron athame and darted over to his right side, opposite the car. The fachan was bigger, but I was smaller and therefore faster†¦right? My blade snaked out, digging deep into the soft flesh of his stomach. This time I made sure to bring the athame back with me before he moved and took this one too. Blood, looking black in the dim lighting, gleamed where I'd cut. I put some distance between us. I just needed to slow him so I could snag a few moments for the banishing. But he wasn't slowing. He hadn't seemed happy about the injuries, but he still kept coming for me. I kept the distance between us, wanting to injure him without getting within his range. It was kind of hard when it felt like his arms were as long as my body. He swung out his uninjured fist, and I ducked it, using the opportunity to draw blood again. As I did, something occurred to me. His blow, had it landed, would have done some serious damage. Very serious. It had had no purpose, save to inflict as much brute pain as possible. I could understand the tactical advantage of rendering me unconscious before sex, but being in a coma – or dead – might complicate the prophecy a bit. My blade bit into him again, and I followed with a sharp kick to his side, dodging at the last minute. We soon developed a little dance. His large, muscled arms would swing out at me, and I would sidestep and get in my slash or kick. Considering my fight with the mud elemental had been two days ago and I wasn't entirely in peak condition yet, I felt my performance here wasn't too shabby. At least until I moved too slowly, and he caught me with the edge of his hand – his extra hand. Apparently it wasn't useless after all. It was a glancing blow, but I flew backward, into the car, up onto the roof, and into the windshield. The glass – already cracked and fractured – shattered upon impact, and sharp, excruciating pain burned through the side of my stomach as I hit. The skin there was still bare and uncovered from where I'd stripped in the car. My head felt like a cartoon character had just dropped an anvil on it, and for a few seconds, I couldn't get my body to do the things I wanted it to do. The fachan lurched toward me, his limbs and their bulging muscles swinging, and I didn't have anywhere to go. He grabbed me by my shoulders and lifted me up high. I knew in those slow-motion seconds that he was going to slam me down and that I would be dead. As it was, the jerking, lifting motion alone made my addled brain scream. Suddenly, the fachan's head tipped back, and a look of agony crossed his face. His hold on me released, and I dropped back to the hood. It was much less painful than what he'd been about to do, but it still hurt. I frantically tried to sit up and see what had happened, but everything spun. Some wolf was attacking the fachan. No, no wolf. The colors and shape weren't quite right. The ears were more defined, the tail haughty and white-tipped. It was a fox. It was Kiyo. But he was bigger than I'd ever seen him, which was why I'd mistaken him for a wolf. He was huge, muscled and powerful, and his teeth were tearing into the fachan's back. The fachan turned and swatted him away. Kiyo took it with grace: hitting, rolling, and then getting right back up. I wished I could do that. I still felt like crap, but my vision had righted itself. Peering into the car, I could see where my gun had rolled across the passenger seat and lodged between it and the door. Beyond me, I heard blows and yips as Kiyo and the fachan continued their fight. Gingerly, I started crawling back into the car on all fours, careful to avoid the shards of glass ringing the gaping remains of the windshield. I didn't do a very good job and brushed sharp points in a few places. They stung my skin. Worse, I could do little to protect my hands when forced to creep over the broken shards covering the dashboard. At last I made it inside and retrieved the gun. Grabbing it, I worked my way back to the driver's side seat and took aim at the fachan still grappling with Kiyo. Only, my hand could barely hold the gun up. That was no good. I shifted and held the Glock two-handed. My arms still shook, but I was steadier now. I watched them pace and attack each other, moving fast. Too fast, I worried. I was likely to shoot Kiyo in the process. But I had to try. Nothing was hurting this thing. It was unstoppable. I didn't want to try to banish it at full strength, particularly since I'd never get close enough to put the death symbol on him and speed his passage. I therefore needed him wounded and easy to send over. Taking aim, I waited for a window of opportunity, for a broad target on the fachan. There. The bullet bit into his back, and he jerked in surprise. It slowed him just enough. I fired again. I kept firing until I'd unloaded the entire clip into him. He made horrible noises and staggered slightly. I half-expected him to keep coming, but then Kiyo the Giant Fox leaped at his chest and knocked him to the ground, teeth tearing into what appeared to be the fachan's throat. Ew. My wand was in the car. I swapped it with the gun, and called upon Hecate, focusing on the snake wound around my arm. My mind slipped this world, opening the gates, and I aimed for the fachan's spirit. My will, pouring through the wand, seized him and ripped a hole between the Otherworld and my world. It was harder than usual. â€Å"Mind over matter† might be the adage, but the mind was reluctant to obey when the body was so weakened and had had its head slammed into a windshield. My path to the Otherworld was clear. But then, seeing him start to get up, despite Kiyo's mauling, I decided I didn't want him potentially coming back. So I pushed my mind past the Otherworld, brushing the gates of the world of death instead. I felt Persephone's butterfly flare on my arm as I connected with her domain. The fachan roared as it recognized the tug. He resisted me, his body and spirit presenting a formidable match for my own. I focused harder, pushing every ounce of me into forcing him through the black gates. I called on – no, I begged – Persephone to take him. At last he went through, his physical body disintegrating as the Underworld sucked his spirit through. Only it was pulling more than him through. I'd pushed so hard that my spirit had touched more of the world of death than I normally allowed. In my weakened state, my focus wasn't as sharp about keeping me out. My mind felt like it was being sucked in by a whirlwind, and I had the impression of ghostly, skeletal hands pulling at me. â€Å"No, no, no, no!† Whether the words were in my head or on my lips, I didn't know. I struggled against the hands, trying to gain a grip on the human world. I would have even settled for the Otherworld. There I could survive, but from the world of death, there was no return. Half of me prayed to Hecate to pull me back through the gates while the other half of me prayed to Persephone to block me out. At last I fell back with a snap, my spirit returning firmly to my physical body. My physical and mental senses burned. Almost immediately, I slumped forward, unable to support myself. Only my hand on the edge of the steering wheel caught me from falling out of the car. I felt nauseated and dizzy, with too many parts of me hurting to count. Kiyo, still as that giant fox, stood by me, gleaming eyes watching me with all seriousness. â€Å"Hey,† I said, reaching out a tentative hand. His fur was as soft as silk. I stroked it carefully, my motor control still not all it could be. Those fine hairs touched my skin like the lightest of kisses. â€Å"That was some trick. How'd you do it?† He neither answered nor changed shape, merely nuzzling my hand with his nose. I smiled but then felt too tired to keep holding my arm up. I dropped the hand to my side, feeling something wet and sticky. Pulling my arm up, I saw blood covering my fingers, dark and glistening. â€Å"Oh, man,† I muttered. The world had started spinning again; black spots danced in front of me. â€Å"We need to†¦go†¦somewhere. Do something. Change back; I can't drive.† He kept watching me, eyes solemn and intent. â€Å"I mean it. Why aren't you changing? Are you hurt?† He rested his chin on my knees, and I petted him again, even though I got blood on that gleaming fur. I didn't get why he wasn't changing. Could he not hear me in this form? No, he'd always understood before. Well, if he wasn't going to help, I needed someone who could. I had a cell phone in the car somewhere. I could call Roland or Tim. But where was the phone? I couldn't climb in the backseat, not in this shape. Could foxes fetch? Maybe I could summon a spirit for help. Not Volusian, not like this. But maybe Finn? What were the words? How did I call him? It was suddenly too hard to think. â€Å"Help me†¦Ã¢â‚¬  I whispered to Kiyo. â€Å"Why won't you help me?† White spots now danced with the black ones. I closed my eyes, and it felt better. â€Å"I'm going to lie down,† I told him, stretching back. â€Å"Just for a minute, okay?† I rested my head on the passenger seat, lying perpendicular to the seats. I heard a soft, almost doglike whine. He must have stood on his hind legs, because I next felt paws and a head resting near my knee. â€Å"Why won't you help me?† I asked again, feeling tears spill out of my eyes. â€Å"I need you.† I heard the whine again, mournful and contrite. My hand reached out, grasping for soft fur. I clutched the strands as though they alone could keep me alive. Then, my fingers lost their grip and slipped away as my hand dropped.

Default and Disputes Essay

In this paper I will discuss the reasoning and methodology behind government contract defaults and disputes. I will also give recommendation to acquisition and cost containment. The standard contract clause which gives a customer the right to unilaterally terminate the contractor if the contractor fails to perform according to the specified terms. The contractor is generally not entitled to any payment for the unfinished part of the contract and, instead, may be liable for (1) repayment of monies advanced, (2) liquidated and other damages, and (3) excess cost incurred by the customer in completing the contract under a new contractor. Two primary types of terminations can arise under government contracts: â€Å"termination for default† and â€Å"termination for the government’s convenience†. Besides a criminal conviction or debarment or suspension for default is undoubtedly the most severe agency sanction that a termination can befall a government contactor. Terminations for default are much more common in supply contracts than in construction contracts. The standard clause used in supply and service contracts recites that the government has the right terminate for default if the contractor fails to (1) deliver the contract supplies or perform the services on time, (2) make progress so as to endanger performance of the contract. The â€Å"Termination for Cause† term also names three bases for terminating a commercial item contract for default: (a) â€Å"any default† by the contractor, (b) failure by the contractor â€Å"to comply with any contact terms or conditions,† and (c) failure by the contractor to provide the government on request, with â€Å"adequate assurances of future performance. The government’s right to terminate is not limited by standard inspection clauses, because they permit the government to exercise any other rights and remedies allowed by the contract. â€Å"Default terminations are provided for in government contracts under standard clauses set forth in the FAR. 52. 249–8 Def ault (Fixed-Price Supply and Service). As prescribed in 49. 04(a)(1), insert the following clause: DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) (a)(1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Con- tractor fails to—(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). 2) The Government’s right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Con- tractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the no- tice from the Contracting Officer specifying the failure. (b) If the Government terminates this contr act in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those sup- plies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. e) If this contract is terminated for de- fault, the Government may require the Con- tractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in thi s clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Con- tractor shall also protect and preserve property in its possession in which the Government has an interest. (f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or nder this contract. FAR 52. 249-10 â€Å"Default (Fixed-Price Construction)† Clause (a) If the contractor refuses or fails to prosecute the work or any separable part, with the diligence what will insure it’s completion within the time specified in this contract including any extension, or fails to complete the work within this time, the government may, by written notice to the contractor , terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the government may take over the work and complete it by contract or otherwise, may take over the work and complete it by contract or otherwise, and may take possession of and use any material, appliances, and plant on the work site necessary for completing the work. Although the â€Å"Termination for Cause† term in commercial item contracts does not contain a â€Å"cure notice† requirement, the FAR termination procedures for commercial item contracts require the Contracting Officer to send a standard cure notice ‘prior to terminating a contract for a reason other than late delivery. Consequences And Remedies Of â€Å"Termination For Default† And â€Å"Termination For Convenience† If a board or court determines that the contractor was not actually in default or the default was excusable, the termination for default will be converted into a termination for convenience. Similarly, before the appeal is even decided, the Contracting Office r can convert the termination for default into one for the government’s convenience. The Contractor’s recovery under a convenience termination may be significant. For example, under a convenience termination, the contractor is eligible to recover its costs of performance, some â€Å"continuing costs,† settlement expenses, and a reasonable profit on completed work. Should the contractor be unsuccessful in contesting the propriety of the default termination itself, it may still be able to challenge the excess costs assessment and achieve a reduction or elimination of those costs. The Fulford doctrine permits contractors to challenge the government’s imposition of excess re-procurement costs even if the time has expired for appealing the underlying default termination, but does not trump the Contract Disputes Act election doctrine. Remedy of â€Å"Excess Cost of Re-procurement† and â€Å"Liquidated Damages† The standard measures of excess costs is the difference between the contract price of the terminated contract and the price the government is required to pay to the re-procurement contractor for quantity f supplies or services called for under the terminated contract or for completion of unfinished work remaining under the terminated contract. To assess excess costs against the defaulted contractor, the government must show that the re-procurement contract has been performed and that complete payment has been made. The government may not obtain re-procurement costs for work that the government prevented the contractor from performing. If the default-terminated contract contains a â€Å"Liquidated Damages† clause, those damages may be assessed against the contractor until the government obtains completion of the contract work. Liquidated damages are in addition to the excess costs of re-procurement The Liquidated Damages† clause used in fixed-price supply and service contracts provides that, in the case of a termination for default, the contractor shall be liable for liquidated damages (as well as excess costs) â€Å"until the time the government may reasonably obtain delivery or performance of similar supplies or services. The â€Å"Liquidated Damages† clause requires the contractor to pay the government a specific amount for each calendar day of delay. The stipulated amount of the liquidated damages is set at the time the contract is entered into and is the parties’ estimate of the extent of loss that one party’s breach of the contract would cause to the other. Government policy is to use a â€Å"Liquidated Damages† clause in a contract when both (1)the time of delivery or performance is such an important factor that the government may reasonably expect to suffer damages if the delivery or performance is delinquent, and (2) the extent or amount or actual damages would be difficult or impossible to ascertain or prove. Contract Disputes Act The Contract Disputes Act of 1978 (â€Å"CDA†), which became effective on March 1, 1979, establishes the procedures for handling â€Å"claims† relating to United States Federal Government contracts. All claims by the contractor against the Federal Government must be submitted in writing to the Government’s Contracting Officer for a decision. All claims by the Federal Government against the contractor must be the subject of a decision by the Contracting Officer. Apart from claims by the Federal Government alleging fraud in connection with a claim by the contractor, all claims by either the Federal Government or the contractor must be submitted within six years after the accrual of the claim. Claims by the contractor that exceed $100,000 must be accompanied by a certification that (i) the claim is made in good faith, (ii) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief, (iii) the amount requested represents the contract adjustment for which the contractor believes the Federal Government is liable, and (iv) the certifier is authorized to submit the certification on behalf of the contractor. There are procedures in the statute for remedying certifications that do not exactly mimic the required certification language. For claims of $100,000 or less, the Contracting Officer is required to issue a decision within 60 days of receipt of the claim provided the contractor requests a decision within that time period. For claims in excess of $100,000, the Contracting Officer is required, within 60 days, either to issue a decision or notify the contractor when a decision will be issued. All decisions should be issued within a reasonable time, taking into account the nature of the claim, and, if they are not, the contractor may either request a tribunal to direct the Contracting Officer to issue a decision within a specified time or treat the failure to issue a decision as an appealable â€Å"deemed† denial of the claim. If the contractor is dissatisfied with the Contracting Officer’s decision on a claim, the contractor may (i) appeal that decision to the cognizant agency board of contractor appeals within 90 days of receipt of the decision or (ii) bring suit on the claim in the United States Court of Federal Claims within 12 months. Decisions not appealed within one of these time periods become final and conclusive. There are procedures in the statute authorizing the use of mutually agreeable alternative dispute resolution techniques for handling disputes and well as for the use of streamlined and accelerated litigation procedures for smaller claims at the boards of contract appeals. The losing party may appeal a decision by either a board of contract appeals or the United States Court of Federal Claims to the Court of Appeals for the Federal Circuit. A contractor is entitled to interest on the amount found due on its claim running from the date the Contracting Officer received the claim until the claim is paid. Good acquisition planning is crucial to the overall project objective, government spending, tailored to objectives and constraints, and is flexible enough to allow innovation and modification as the project evolves. The strategy balances cost and effectiveness through development of technological options, exploration of design concepts, and planning and conduct of acquisition activities. These elements are directed toward either a planned Initial Operational Capability or retention for possible future use, while adhering to a program budget. The strategy should be structured to achieve program stability by minimizing technical, schedule, and cost risks. Thus the criteria of realism, stability, balance, flexibility, and managed risk should be used to guide the development and execution of an acquisition strategy and to evaluate its effectiveness. The acquisition strategy must reflect the interrelationships and schedule of acquisition phases and events based on a logical sequence of demonstrated accomplishments, not on fiscal or calendar expediency.

Hm3 Essay Example | Topics and Well Written Essays - 250 words

Hm3 - Essay Example The pillar of Islam very relevant in context of the present global scenario is Zakat. The significance and relevance of the aforementioned verse is the cartoon controversy in which French cartoonists are making cartoon images of Prophet Muhammad (P.B.U.H.). In Quran, Allah has revealed that Muslims will hear abuse from some non-Muslims and the best course of action for the Muslims in response is to be patient and fear Allah. The significance and relevance of the aforementioned Hadith is because nowadays, ISIS is gaining strength in Iraq and Syria and it is killing many Muslims. Every few days, ISIS releases videos of brutal murders and killings of the Muslims. The aforementioned Hadith prohibits Muslims from engaging in such acts by defining a Muslim in a particular manner. Zakat is quite significant and relevant today because of the growing poverty globally. If every able person gave Zakat as per the defined manner in Islam, the poverty would have been totally eradicated from the world. These verse, Hadith, and pillar of Islam portray the concept of brotherhood, peace, and harmony by encouraging people to be patient, noble in character, and contributing to the development of society. Verily, the Quran, Hadith of Prophet Muhammad (P.B.U.H.), and pillars of Islam are all directed at making the world a better and peaceful place for

Fake Brands Case Study Example | Topics and Well Written Essays - 500 words

Fake Brands - Case Study Example As promulgated in different copyright laws in various countries, intellectual property rights ought to be observed. In terms of the right to produce and distribute certain products, only firms with patents have the right to do so (Kotler & Armstrong, 2010). Essentially, the aim of each business is to make profits and the interests of different businesses can only be protected by different copyright and intellectual property laws that are designed to protect the interests of individual companies. These laws help to prevent other unscrupulous people from reaping profits where they did not sow in the first place. The sale of counterfeit products is regarded as a form of high degree fraud and also classified as a serious offence. Luxury brands are in most cases the victims of counterfeit trade mainly as a result of the fact that they have premium prices that are beyond the reach of many people. In most cases, counterfeit trade is intentional but it has spiral impacts on the original producers of goods that are imitated. The companies will end up failing to realise their envisaged profits as a result of the fact that the consumers will prefer to buy affordable copycats at the expense of the producers of original brands. On the other hand, unsuspecting consumers can also be defrauded since they are hoodwinked into believing that they are buying original brands only to realise that they are fake when they have been delivered. Counterfeit trade is a problem of serious concern across the whole globe. According to The Gurdian (28 April, 2014), â€Å"A specialist police unit has shut down more than 2,500 websites selling counterfeit goods believed to be worth tens of millions of pounds.† This shows the extent to which this problem is a serious cause of concern in different parts of the globe. Trade of counterfeit goods is a bad product though some people may justify it

Fire-Resistant Properties of Building Materials Assignment

Fire-Resistant Properties of Building Materials - Assignment Example In addition, a recommendation will be made on the building materials best suited for the construction of a proposed building. Fires generally produce temperatures of approximately 1000C which can seriously affect the structural integrity of a building. Among the effects of fire is the loss of strength of the building material which can result in building collapse. In addition, thermal expansion associated with high temperatures may affect structures that are not directly in the vicinity of the fire. With the exception of timber, all materials used in building construction will begin to lose strength at temperatures exceeding 250C. This effect may be permanent. Metals begin to form droplets beginning at 300-350C. Concrete changes colour to pink at 250-300C. Chemical effects occur at 650C for aluminium and its alloys, and 1100-1200C for copper and iron (Prentice, 1990). Timber is one of the oldest materials used in building construction. The properties of timber are dependent on the type of wood used in construction, and how it has been treated. Wood responds well to tensional and compression forces but can bend due to the fibrous nature of this material. Wood can be a fire resistant material as it is subject to charring, which means that the wood in the centre may be protected during combustion to retain the structural integrity of the building. For the most part, however, timber is rapidly consumed by fire and can enhance the intensity of a fire since the material is subject to combustion. Timber used in building materials can be made more fire-resistant by coating the surface of the timber with fire-resistant chemicals such as ammonium phosphate and soleplate, borax and boric acid (Jones, 1986). Heavy wood timbers may be fire-resistant since the wood burns slowly inward causing charring of the exterior while the inner wood layers remain protected for significant periods of time.     Ã‚