HomeMy WebLinkAbout474378 ADK CONSULTING INC - CONTRACT - AGREEMENT MISC - ADK CONSULTING INCPROFESSIONAL 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, and THE
CITY OF LOVELAND, COLORADO, a Municipal Corporation hereinafter referred to as the "City"
and ADK Consulting, Inc. dba ADK Executive Search, 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 five (5) 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 October 31, 2010. Time is of the essence. Any extensions of the time
limit set forth above must be agreed upon in writing by the parties hereto.
3. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional:
City:
With Copy to:
ADK Consulting, Inc. dba
City of Loveland
City of Fort Collins, Purchasing
ADK Executive Search
Attn: Keith Reester
PO Box 580
PO Box 330906
410 E. Fifth Street
Fort Collins, CO 80522
Atlantic Beach, FL 32233
Loveland, CO 80537
Standard Professional Services Agreement- rev03l10
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Personal Conceptrm (sample attached)
The D.I.S.C. personality report profiles four primary behavioral styles, each with a very
distinct and predictable pattern of observable behavior. Applied in corporate and business
situations, the D.I.S.C. inventory can lead to professional and personal insights. The results
of the online D.I.S.C. profile report are designed to provide additional targeted insights and
strategies for understanding what motivates people and how effectively they deal with
others.
In -Depth Telephone Interviews
Through a series of `wetted" questions developed by PROFESSIONAL, these extensive
interviews are aimed at obtaining a better understanding of each candidate's depth of
knowledge in the industry, the personality of each of the candidates, and their enthusiasm for
this most important position with the "CITY".
Reference Checks
Telephone calls to at least five professional references give us a great deal of information
about the candidates. Most often the candidate has a good working relationship with the
named reference. Frequently, PROFESSIONAL will know the references or the references
lead to additional references that PROFESSIONAL will know. PROFESSIONAL will follow
up these leads if the situation warrants it. PROFESSIONAL will look for consistency in
remarks, and gain insight into how the person is perceived by others. Often, the reference
makes a comment that gives insight into something that would not be known through
interviews of the candidate. Some comments reinforce a "hunch".
Deliverables
Summary reports are created and delivered to the Steering Committee for concurrence of
the top 3-4 most qualified candidates for final interview. They are derived from the Weighted
Requirements Analysis of resume information, responses to the initial questions, responses
to in-depth telephone interviews, Profile XTTm assessment reports, Personal ConceptTm
assessments, the reference checks, and Steering Committee input.
Phase 4: Final Interviews and Selection
Final Interviews
It is important to hire right the first time ... someone who not only meets the criteria of
experience and training, but meets the personality test as well. The finalist has to "feel" right.
Final interviews are, quite frankly, final. At this stage, every candidate who is invited to the
interview is well -qualified to fill the position. It is now a matter of choosing the candidate
whose personality best fits the culture of Ft. Collins -Loveland, the "CITY", and the airport
staff. PROFESSIONAL will know the candidates well before they show up to be interviewed.
When all is considered, there is a short time to get to know the candidates during the
interview process and a very long time to spend with the candidate once he/she is selected.
That is the reason for the careful vetting and screening process leading up to the final
interviews.
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PROFESSIONAL will collaborate with you to provide the best possible final interview process
commensurate with established process and priorities. Our services include planning the
interview process, handling the logistics for the candidates, providing specific targeted
questions for the Steering Committee to use and advice regarding subjects that are not legal
to discuss in interviews. PROFESSIONAL will assist, support, and give guidance as needed
for final interviews. PROFESSIONAL will ensure that all members of the Steering
Committee have all of the documentation and copies of summary reports on each of the
candidates well in advance of the final interviews.
Deliverables
A complete package is provided to the Steering Committee in advance of the final interviews.
The package includes all of the materials from every phase on each of the final candidates.
Final interview questions are provided as well as copies of the detailed logistics for all
finalists and the Steering Committee.
Background Checks
For clarification, PROFESSIONAL performs reference checks on the finalists to insure that
what has been stated by a candidate has traceability to the truth. Some airports, in searches
like this, perform their own background checks through its policing agency.
PROFESSIONAL will have been asked to perform criminal/credit/education/motor vehicle
background checks on many occasions, and if "City" desire that PROFESSIONAL perform
these checks, a quote is provided in the cost proposal. This work is accomplished through
our third -parry vendor. Regardless of who does the checks, PROFESSIONAL will highly
recommend that these checks be accomplished prior to final interviews.
Employment Contract, Offer, Negotiation and Notification
PROFESSIONAL provides Employment Contract / Offer Letter assistance, if requested, as
part of this proposal at no additional charge. If you need an employment contract,
PROFESSIONAL will have developed an employment contract that, over time, has become
well -received by both candidates and clients alike. PROFESSIONAL will have also advised
on the preparing of offer letters. Once a candidate is selected, PROFESSIONAL can assist
with the structuring and presentation of the offer. PROFESSIONAL can assist with
negotiations or negotiate an offer on your behalf, consult on relocation concerns and other
potential roadblocks in making a move.
PROFESSIONAL will notify all remaining candidates at the conclusion of this process
regarding the outcome of the selection process with a personal phone call followed up by
electronic correspondence. Those who seek guidance as to their status, and possible
shortcomings during the process are given a courteous and professional response.
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EXHIBIT C
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.
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 sulch termination.
4. 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, 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
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whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, aris ing directly or indirectly out of the Professional's negligent performance of anyof
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance din the amount of $500,000 combined single limits and errors and omissions
insurance in the amount of $N/A.
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:
• Installment 1 of $7,500.00 is due with 15 days of contract signing
• Installment 2 of $7,500.00 is due within 60 days of contract signing
• Installment 3 of $8,400.00 is due upon contract completion
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
Thirty ( ) Monthlypartial payments based upon the Professional's
exceed Thi FiveiThousand $35,000.00 . Monthl
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 belperformed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
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Standard Professional Services Agreement- rev03110
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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. 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.
8. 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 or the City of Loveland.
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.
9. 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.
10. 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.
Standard Professional Services Agreement- rev03/10
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11. 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.
12. Remedies. In the event a parry 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 parry, 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.
13. 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.
14. 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.
15. 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
Standard Professional Services Agreement- rev03/10
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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.
16. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) pages,
attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev03/10
5 W
THE CITY OF FORT COLLINS, COLORADO
By. C�`
��� t anies B. O'Neill II, CPPO, FNIGP
Director of urchasing & Risk Management
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DATE: ho
CC
City Clerk
AVED AS TO FORM:
Assistant City Attorney
THE CITY OF LOVELAND, COLORADO
By:
(SEAL
DATE:
A'
City Clerk
AP �ED
Assistant City Attorney
ADK nsulting, Inc. dba ADK Executive Search
By: , n
Title: C t/V o,xt-
CORPOR TE P RESIDENT OR VICE PRESIDENT
Date: 771,AAQ -)T 0 (, 0
AT ST:
"J. e -
Corporate Secretary
Standard Professional Services Agreement- rev03/10
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EXHIBIT A
SCOPE OF SERVICES
Search Process
PROFESSIONAL will start by working closely with your Steering Committee to gain a thorough
understanding of the position and the "City" Our goal is to find the best possible fit for the "City"
and achieve a long-term successful placement. Your active participation is paramount to a
successful executive search. The Steering Committee is kept informed through the various
steps of the Screening Process.
Phase 1: Search Startup
Job Description and Position Summary
PROFESSIONAL will meet with the "CITY" in -person or by phone to start development of the
Job Description and Position Summary. Once approved, PROFESSIONAL will develop the
Position Summary as PROFESSIONAL will collectively determine the specifics of what you
are looking for in your new Airport Director. This is the point where you express your
priorities for the position. What are the "hot buttons" and exceptional qualities that the
PROFESSIONAL would like him or her to have? What experience level is desired as well as
education/training and accreditation requirements? What are the key issues your new
Airport Director will face? Are there internal candidates to be considered?
Fine Tuning the Benchmark
PROFESSIONAL will develop a target profile for the ideal candidate through our Job
Analysis Survey-rm (by Profiles International0). This survey is designed to be used by
members of the Steering Committee to further identify key activities and behavior traits
necessary to be successful as your new Airport Director. Over the years, PROFESSIONAL,
with the personal assistance of Profiles International®, has developed a baseline for
successful, productive Airport Directors, as well as deputy level and other senior
management level airport positions. Combining the results of our Client's surveys, the
baseline is further enhanced to become the benchmark for the target Performance Model.
This enables us to assess each potential candidate's skill sets (core competencies),
behavior traits, leadership skills, interests and desired strengths that best fit the Cities
expectations, culture and the working environment.
Dedicated Email
PROFESSIONAL will set up a dedicated email for candidate submittals and correspondence
for the position (FNLt7a adkexecutivesearch.com). This will be listed in all advertising, linked
in all web advertising, and referenced in any electronic communications.
Recruitment Ads
PROFESSIONAL will develop recruiting ads for airport industry print and web media that
point potential candidates to our effective, and unique, online brochure. Placing industry
specific advertising with detailed requirements and preferences for the position starts the
screening process.
E
Recruitment Brochure
PROFESSIONAL will design and develop an attractive and informative recruitment brochure
for placement on our website, www.adkexecutivesearch.com. This brochure allows
interested persons to learn about the Ft. Collins -Loveland community, the "CITY", and the
qualifications/skill sets you are looking for in an exceptional candidate. Highlighted links take
them to websites in the community and airport for easy access to more information. Our
online brochure includes instructions for applying and asks specific questions to be
addressed in the submission that require a working knowledge of the position being filled.
This serves the purpose of limiting submissions from unqualified applicants and gives us our
first look at a candidate's written communication skills and assists in our initial screening.
Phase 1: Search Startup (continued)
Post Advertisements
PROFESSIONAL will post recruiting ads in airport industry printtweb media and post the
recruiting brochure on PROFESSIONAL'S website. This attracts people who are already
looking for a move. Sometimes these ads reach potentially good candidates by word of
mouth. Although selected industry specific advertising attracts a large pool of candidates,
many of the most talented candidates often come from our direct contacts and targeted
outreach to industry professionals who are not attentive to typical industry advertising.
ADK Network
During the ad posting period, PROFESSIONAL contacts its extensive network for referrals.
Often, many of the best candidates are not actively looking for a job. PROFESSIONAL is
able to identify potential candidates that PROFESSIONAL will know or someone in our
network knows and who would be a good fit for the position. Our role is to make this position
known to them and to cultivate an interest. In addition to our many direct telephone contacts,
PROFESSIONAL will electronically contact over 3000 airport management level people in
our database.
Phase 2: Initial Screening
Resume Review
Utilizing PROFESSIONAL"S targeted Weighted Requirements Analysis (WRA),
PROFESSIONAL will review answers to the initial questions and all resumes in-depth,
creating an Excel spreadsheet for comparison'of the candidates and to match against the
expectations developed in the startup phase. PROFESSIONAL will understand the industry
and know the career path, education, and experience necessary to be a qualified candidate
for this position. Our W RA is based on our knowledge of the industry and from the specific
preferences that the "CITY" will help develop.
Initial Telephone Interviews
Initial interviews serve to clarify information that may not be clear in the submittal and to have
a conversation with the candidate for first impressions if PROFESSIONAL does not already
know him/her.
Deliverables
Using the W RA, answers to initial questions asked in the job posting, and Initial Telephone
Interviews, the Excel spreadsheet will be updated and delivered with recommendations of
the 10-12 most qualified candidates for collaboration and concurrence to the Steering
Committee.
Phase 3: Final Screening
Administer Personality Assessments
At this point, PROFESSIONAL will administer two (2) assessments to the remaining
candidates. These assessments are especially designed for Airport Director/CEO level
candidates. They measure the "Total Person", an extremely important feature in finding the
"best fit" for this position.
The ProfileXTTM (sample attached)
ProfileXTTm, administered online, is one of the primary assessments from Profiles
InternationalO. This company provides a comprehensive array of employee assessment
tools used to select the best candidates. Profiles International@ assessments are used
in over 122 countries by large, well-known companies (i.e. Hilton Hotels Corporation,
Virgin Airways, American Cancer Society, Coca-Cola Bottling, Cigna Healthcare, Wells
Fargo, and Kellogg's).
PROFESSIONAL will measure the three most significant dimensions of human beings:
1. Thinking and Reasoning
Essential to knowing how quickly and easily a potential candidate
absorbs/understands new information and complex ideas.
2. Behavioral Traits
Top performers in any position will have some behavior traits in common while some
are specific to successful airport management.
3. Occupational Interests
People perform much better when they are interested in the work they are assigned
and find it challenging at a motivational level.
The results are measured against the "ideal candidate profile" which has been
established, with the "CITY" input, as our benchmark in Phase 1 using the Job Analysis
Surveym and ADK's proprietary personality database of known successful airport
directors.
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