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HomeMy WebLinkAbout455973 CORBUS LIBRARY CONSULTANTS - CONTRACT - RFP - 7008 EXECUTIVE SEARCH LIBRARY EXECUTIVE DIRECTORPROFESSIONAL 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, acting on behalf of the Poudre River Public Library District ("District"), hereinafter referred to as the "City" and Corbus Library Consultants, 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 one (1) page, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until July 31, 2009, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Corbus Library Consultants City of Fort Collins Poudre River Public Library Attn: Mr. Lawrence Corbus Attn: Purchasing District 241 Burwick Road PO Box 580 Attn: Mr. Jeff Barnes Highland Heights, OH 44143 Fort Collins, CO 80522 201 Peterson Street Fort Collins, CO 80524 EXHIBIT C FEE SCHEDULE Compensation The fee for director recruitment services for the Poudre River Public Library District is $14,000. Fees are inclusive of all consultant travel and telephone and/or fax expenses. The library pays for advertising (anticipated at $2,000). Professional commits to fulfilling the search until completed regardless of the number of visits required or the length of the search. Additional expense of candidate travel will be paid directly by the library (anticipated at $1,500-$21500). Professional anticipates four to five visits; however any additional visits will be arranged as needed at no additional charge or expense to the library. The fee will be billed at the conclusion of the search. Seter & Vander Wall, P.C. 7400 E. Orchard Rd., Suite 3300 Greenwood Village, CO 80111 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, the District, their 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 essional shall maintain commercial general liability insurance ame the District as an additional insured in ounts 00 combined single limits and errors and omissions i nce in the amount of $ in acco he attached Insuranc quirementr NIA 6. Compensation. In consid ration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Fourteen Thousand Dollars ($14,000.00) plus reimbursable direct costs. All such fees and costs shall not exceed Fourteen Thousand Dollars ($14,000.00) according to Exhibit "C" consisting of one (1) page and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements 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 actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, a City or District project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA; Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 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: 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. 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. THE CITY OF FORT COLLINS, COLORADO By: 0 Xt-`9 4 �-e J B. O'Neill II, CPPO, FNIGP Dire�mes to of Purchasing & Risk Management DATE: J /// Z02 POUDRE RIVER PUBLIC LIBRARY DISTRICT Corbus Library Consultants Title: � CORPORATE PRESIDENT OR VICE PRES ENT Date: �/�-��% ATTEST: (Corporate Sea[) Corporate Secretary EXHIBIT A SCOPE OF WORK The City of Fort Collins on behalf of the Poudre River Public Library District (pop 160,000) f.k.a the Fort Collins Regional Library District is seeking proposals from library consulting firms who provide executive search services to aid in hiring an Executive Director. A search committee, appointed by the District's Board of Trustees, will work closely with the successful search firm throughout the search and selection process. The Executive Director will report to the District's Board of Trustees and oversee operations of the Library District's multi -facility library system. The Library District encompasses 1,780 square miles within northern Larimer County, Colorado, operates 3 libraries including a branch library scheduled to open in March 2009, and has approximately 150 employees. Services required will include the following: • Meet with the board of trustees to develop a profile of the ideal director' • Professional will provide a salary and benefits comparison of library directors along the Front Range and up to 10 similarly sized Districts around the country to assist the Board in determining the Director's salary range. The comparison will include District's annual budget, population, number of facilities (to include book mobiles) managed, relative cost of living and geographic area (in square miles) served. • Review residency requirements (if any) • Place ads in trade journals, newspapers, job -lines, the internet and other agreed upon media outlets • Meet with staff to determine staff expectations for the new director • Recruit desirable candidates from established contacts • Prescreen applicants to fit board profile • Develop criteria for evaluating candidates • Schedule and attend staff and board interviews with candidates • Prepare board interview questions for candidates • Assist and advise interview committees with conducting interviews • Facilitate decision -making process • Coordinate reference checks • Negotiate contract terms • Re -advertise if necessary • Perform reference checks and provide a short list of approximately 5-7 candidates as soon as practical, but no later than May 2009. Guarantee: Professional will work to the absolute satisfaction of the library board. This ensures that the Board, after interviewing a group of semi finalists will not have to settle for the best of a limited number of.candidates, but will continue to search until they are satisfied we have found the optimal candidate. Professional will work for the set fee regardless of the number of visits or additional expenses incurred. Professional will also renew the search if the selected candidate leaves within a year of selection at no additional charge. EXHIBIT B WORK SCHEDULE The following is a generalized timeline for the director's search for the Poudre River Public Library District System: February: • CLC assembles a profile for the ideal candidate. • Conducts meetings with the board, staff, and other interest groups to develop the profile February: • Develop, write, and receive approval for ad to appear in the issues of America Libraries, Library Journal and Library Journal Hotline. • Circulate ad through various Internet list serves and job hotlines especially those that expand the base of diverse candidates.. March: • Receive requests for information and network with candidates. • Identify qualities of candidates through networks and other professional contacts. • Update staff and board on progress of the search. ARIL • Review all applications; verify resumes, recommend five to six potential candidates for interviews with the board, staff and administrative team. May. • Schedule candidates to meet with the board, staff and administrative team on a Friday through Saturday schedule. • Staff interviews to be held on Friday, administrative team follow one hour behind staff interviews. • Board interviews to be on Saturday, second interviews to take place later in the month. The position is offered to the chosen candidate. • Formalize terms of employment and announce results to the staff and then to the media and the public_ • Professional will attend and moderate all board and staff interviews, facilitate the administrative team interviews. • Professional will report the opinions of the staff and administrative team to the board May -June: • The newly appointed director will be in contact with the board to prepare transition. This time is also spent in locating housing and relocating to Ft. Collins area. June -July: • New director assumes duties.