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HomeMy WebLinkAbout331705 SLAVIN MANAGEMENT CONSULTANTS - CONTRACT - RFP - 7553 EXECUTIVE SEARCH SERVICES - DEPUTY CITY MANAGDocuSign Envelope ID:-710E154C-7B5F-46AE-AF70a5DF86F3E449B PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the ,day and"year set forth Below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "Gityi° and Slavin Management 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 provideservices in accordance with the scope of services attached hereto as Exhibit "A", consisting :of nine (9) pages, and incorporated herein by this reference. Z Contract Period. The services to be performed pursuant to this Agreement shall :be_ initiated within five (5) days following execution of this Agreement„ This contract shall have -a term of six (6) months. Notwifhsfanding,'t is the City's desire, for the Deputy City' Manager to start employment with the City no later than.March 31, 2014. 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 bV CitV. 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 'coritained 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 Services Agreement 7553 Executive Search Services — Deputy City Manager Page 1 of 18 DocuSign Envelope ID: 710E154C-765F-46AE-AF70-SDF86F3E449B The progress report will summarize each semi-finalists' experience and education. The report will also include a screening of "semi-finalists against the:selection criteria and job requirements contained in the recruitment profile. This screening will bebased on: a review of resumes and cover letters; SMC's phone interviews of semi-finalists; semi-finalists' responses to a supplemental questionnaire that ,provides additional information about semi-finalists' management styles, "writing skills; and how closely their experience relates to the selection criteria and job requirements in the recruitment profile; and SMC's knowledge of semi-finalists' work ,performance and the quality of the organizations and communities in which they have served. The'progress report will -also include the semi-finalists' current salary. At SMC's "meeting with the client, the client will select the finalists to interview using SMC's candidate ranking forms if desired. Typically five finalists are interviewed. 4. Conduct background_ investigations/site visits on finalists SMC will conduct background "investigations and site visits on the finalists. In order to better assess the finalists management style and interpersonal characteristics, SMC will personally interview each in his. or her present work' environment while protecting the finalists' confidentiality. SMC will closely examine each finalist's experience, achievements, management style, and, interpersonal skills in relation to the recruitment profile's selection criteria. SMC's background investigations include detailed and extensive reference checks which cover a minimum period of ten years. SMC will interview the references provided by the finalists as well as others who can evaluate the candidate's job performance. The background work also "includes investigation to the maximum extent permitted under federal law of finalists': criminal and,civil court records; credit history;' driving records; and • college degrees. At the ,client's :option, SMC can arrange for assessment centers and/or psychological (or similar) testing of the candidates. These optional items will result in.additional cost to the client. The City's RFP requests reference checks on "the top 15-20 candidates. SMC typically only conducts reference checks on the finalist candidates. Generally SMC does not believe conducting reference checks, on 15-20 candidates is cost-effective. However this matter is negotiable. SMC will provide a report to the client about these background checks and site visits. Professional Services Agreement 7553 Executive Search Services— Deputy City Manager 40age 10 of 16 DocuSign EnvelopeID: 710E154C-7B5F-46AE-AF70-5DF86F3E449B, S. Assist client in interview and selection process SMC will assist the client in developing the interview process based on SMC;s knowledge of best practices and will provide a list of interview questions for the client's consideration. SMC will contact the finalists to inform them of interview schedules and other logistical details, and SMC will be present during the interviews. Finally, SMC will notify all unsuccessful candidates offhe.final decision. reached. 6. . Facilitate employment of'selected candidate _SMC will provide information about trends in employment, employment agreements, and relocation expenses to the client. SMC will also facilitate negotiation of the selected candidate's compensation package. Conduct follow-up wifh client after candidate has been employed `SMC will follow-up with the City Manager and Deputy City Manager six and twelve months after the .selected candidate hasbeen employed 'to evaluate the success of the placement. SMC will assist in any adjustments that may be necessary.. PROJECT.SCHEDULE The search process normally'tak'es 90 days to complete and typically follows the below schedule. DAYS STEPS: 1-30 30-45 45=60 60-90 90-360 1. Develop recruitment profile and advertising i. program for client approval 2. Identify;qualified candidates and receive and review resumes 3. Screen & evaluate prospective candidates/pre pare progress report and meet,with client 4. Background investigations and site visits on finalists .5. Interview and evaluate finalists L 6. Assist in selection and facilitate employment :J 7. Follow-up L Professional Services Agreement 7553 Executive Search Services- Deputy City Manager Page 11:of 18 DoWSip Envelope ID: 710E154C-7B5F-46AE-AF70-5DF86F3E449B PROFESSIONAL FEES The project cost is:$14 985 of professional fees plus expenses. The followinglable shows the level of involvement by project step and cost. PROJECT COSTS ASSIGNED HOURS (Approximate) STEPS Project Consultant, RATE FEES 1. Project planning/develop recruitment 30 $85 $2,550 profile/prepare and place advertising 5 $40 $200 2. Identify and recruit candidates /;acknowledge 30 $85_ $2,550 resumes 28 $40 $1,120 3. Phone interviews with potential semi- 20 $85 $1 700 finalists/prepare, progress report 10 $40 $400 4.Meet with client to review progress'report and select finalists 4 $85 $340 5. Schedule finalists interviews / assistclientwith $ $85 $680 designing interview process 6. Finalists background investigation (includes 33 $135. $2,805 SMC on -site visits with finalist candidates) 32 $40 $1,280 7; Finalists interviews/assist'in employee 12 $85 $1,020 selection 8. Negotiate employment agreement 4. $86 $340. 9. Follow-up 4 No $0 Char e TOTAL HOURS 145 76 TOTAL COST $.141985 DEFINITION OF EXPENSES Expenses for this executive ;search will be ,billed on an 'actual cost basis and will not exceed 55 percent of the professional The ($8;242). Additional detail about these expenses is shown below. Consultant Travel: The client pays direct costs for all necessary consultant, .travel using lowest available air rates,. corporate hotel rates at moderately priced properties (Holiday Inn or equivalent), rental cars using the corporate discount, and normal meals. The client controls these costs in the following ways: 1) the client pre -approves all work plans including all consultant and candidate travel; and 2) when appropriate, the consultant will work on more than one search when traveling and will therefore; allocate costs to multiple clients._ Professional Senrices.Agreement 7553 Executive. Search Services — Deputy City Manager Page 12.of 18 D6cuSi4n Envelope ID: 710E154C7B5F-46AE-AF70-5DF86F3E440B Office. Costs: telephone ($350 flat fee; billed in two.; installments), fax, postage, copier, and delivery costs. Advertising: typically approximately $2,500. The client controls these. costs because the advertising program will be approved 'by the client prior to implementation. The cost for finalists to travel to the client's, locale for interviews is not included in the cost of this proposal. Such costs are typically paid by the client on a reimbursement basis directly to the candidates and controlled through the client's prior approval of the finalists. These costs vary depending on candidate location, spousal involvement; land the length of the interview process. For budgeting purposes, an average cost of between '$450-550 per candidate would be appropriate. Typically five candidates are interviewed. Should the client's needs result in an increased project scope that significantly increases consultant travel and/or advertising costs,, it may be necessary to increase the expense budget"for the project which would require client approval. Regarding travel expenses, SMC's project budget includes a total of 3 trips to.the client's locale "for,2 consultants. If the client requires, SMC to make additional trips to its locale that result in SMC's total project expenses exceeding $8,242,.'then the client will reimburse SMC for these 'out -of- pocket travel expenses. The client's liability to Slavin Management Consultants for services rendered under this agreement will not exceed the agreed upon price, unless an increase, is, authorized by the client in writing: SMC .will submit monthly invoices for fees and- expenses. It. is SMC's practice" to bill 30 percent at.the start of the search, 30 percent at.the end of thirty days, 30 percent at the. end of sixty days, and the remaining ,10 percent shortly after the time that thecandidate accepts the position. Expenses will be billed in addition and 'shown as a separate figure. Each invoice Will be payable .upon receipt. SMC will comply with all applicable laws, rules, and regulations of federal, state, and local government entities. Maximum Cost The, maximum cost including professional fees arid 'SMC expenses is not -to -exceed $23,227 subject to the aforementioned caveats. PROJECT CONTACTS AND PERSONNEL Mr. Bob Slavin will be the project manager and co -primary consultant for this search. He has conducted approximately 35 searches for Deputy City or County Managers. Mr. Paul Wenbert will also serve as co -primary consultant for this search. Mr. Slavin and, Mr. Wenbert have successfully conducted numerous searches using this approach including the 2011 Fort Collins Police. Chief search; 2012 Longmont, Colorado, City Manager search; and 2010 Aurora, Colorado, City Manager search. SMC President Bob Slavin is, among the most experienced recruiters, of local government managers in the nation. He has a strong and proven commitment to providing exceptional recruitment services to public agencies and has received many accolades supporting this work. Mr. Slavin has 'conducted or assisted in the conduct of more than 800 successful executive searches throughout his career including searches for Fort Collins' City'Manager and Police Chief. Professional Services Agreement 7553 ExecutiveSearch Services — Deputy City Manager Page 13 of 18 DocuSign EnJelopeID: 710E154C-785F46AE-AF70-5DF86F3E449B After a 30-year career in city management, Mr. Wenbert joined SMC in 2007 as its Western Regional Manager and has conducted or assisted in the conduct of nearly 40 searches for cities as small as Carlisle, Iowa (3,900 population) to as large. as Phoenix, Arizona (1,5 million population). Earlier in his career he. served as Assistant City Manager for Operations for a university community (Ames, Iowa Iowa .State University) where he developed a good understanding of how university'communities function. It should be noted that SMC has a national recruiting practice. In addition to home office staff in Atlanta, :SMC has consultants in Ann Arbor; Michigan; Cincinnati, Ohio; Dallas, Texas; Eugene, Oregon; Hartford, Connecticut; Helena, Montana; Key West, Florida; and Mesa, Arizona. SMC has compiled the following track record. Every search that SMC has conducted has resulted in a selection from among its recommended group of candidates. SMC's experience includes large and small organizations and chief executives and subordinate -level positions. • More than 95 percent of SMC's placements have remained in their clients' positions for more than five years; and the guarantee (see response to question #12) of redoing the search due to the candidate leaving during the first 2,years of the new position has occurred only twice out of more than 800 searches. SMC are experts in EEO/AA recruitment. Approximately 25 percent of its placements are females and/or minorities. SMC has established this enviable track -record due to its extensive research at the beginning of -each assignment about .the client and the position, to be filled that helps SMC identify candidates that are a good fit for the position. This candidate fit is further verified through extensive background checks and visits to finalists' work sites. Jurisdictions where SMC has, conducted searches for Deputy_ City or County Managers include: • Albany; Georgia; • Broward County, Florida; • Fulton County, Georgia; • Greensboro, North Carolina; • Lake County, Illinois; • Miami, Florida; Olathe; Kansas; • Peoria County, Illinois; e Richmond, Virginia; Rockville, Maryland; and • West Palm Beach, Florida. SMC has developed a large data base of potential Deputy City Manager candidates through 30+ years of local government executive recruitment work. The .data base includes persons who 'have been involved in previous SMC searches, those who have contacted Professional Services Agreement 7553 Executive Search Services — Deputy City Manager Page 14 of 18 DocuSign Envelope ID:710E154C-765FA6AE-AF70-5DF86F3E449B SMC to express an interest in advancing their career, and other persons. SMC has learned about through s-ubscription to various professional publications. PROCEDURES SMC will spend at least two days in Fort Collins meeting with internal and external stakeholders to learn about the. City's needs and culture prior to initiating the recruitment phase of this assignment. SMC would "also appreciate receiving a guided tour of the community and major City facilities. These meetings and tour will help SMC :determine the unique 'challenges to be managed by Fort Collins' next Deputy City Manager. This will allow SMC to accurately describe in the recruitment profile the desired professional and personal attributes that top candidates should possess. Once SMC has gained sufficient information, it will prepare a draft recruitment profile and review it with the City to obtain its approval: The :profile will include information about, the Fort Collins community, City government, issues and opportunities to be managed by the next Deputy City Manager, and the job requirements and selection criteria There are many ways that SMC will use the recruitment profile to attract candidates who, meet the City s needs and share their values. First, the recruitment profile will ,be posted on SMC's and ,the City'_s websites. Secondly, SMC will send the recruitment profile to those persons in SMC's data base who are a good fit With the job requirements and selection criteria included in the profile. Thirdly, SMC will a -mail the recruitmeht profile -to persons who have 'the requisite. experience for the position .including but :not limited to those ,in the Mountain. Plains region :and those who have worked in communities with major universities.. SMC's approach to national searches always includes a target to the client's region as that region typically yields a greater number of applicants than other U.S. regions:. This is done through advertising the job in state or regional publications, targeted a -mails including the recruitment profile, and phone calls to persons in the region who have the requisite .experience for the position. Please see the answers to questi6ns#6 and #7'for additional information regarding how the ,search will be focused to.ensure candidates' compatibilitywith the specific What role do you see the City Manager's Office or Human Resources personnel playing in this process? Typically Human Resources or the City Manager's Office is"the key liaison point between SMC and the City and helps to facilitate the meetings that take place at both the recruitment and selection phases. Also, City staff can coordinate placement of job advertisements and City review and approval of the recruitment profile. GUARANTEES Mr. Slavin is currently involved in ten executive searches many of which are scheduled to be completed prior to_ beginning this search for Fort Collins. Also, please note that Mr. Wenbert will responsible for a substantial share of the workload for the Fort Collins search as co-. primary .consultant, and he is .only involved in two, searches at this time. 'Mr. Slavin and Mr. Wenbert have the time required to conduct this search as outlined herein. SMC is committed to complete client satisfaction., SMC's successful placement- oriented, "no surprises" approach will ensure that. the project work is, practical, realistic, and timely and that it has the full commitment and support of the City of Fort Collins so that a successful placement occurs. This will be accomplished through regular communication via a=mails and phone calls by SMC to the City. Professional Services Agreement 7553 Executive Search Services — Deputy City Manager Page 15 of 18 DocuSign Envelope ID: 710E154C-7B5F-46AE-AF7o-5DFB6F3E446B SMC,providesthe following guarantees to clients; A commitment to excellence. SMC guarantees that' the selection process and placement will be of high quality and successful. To accomplish this, SMC will continue to work with the client until a satisfactory candidate is selected and accepts employment; - SMC guarantees its work and .will redo the search if the position is vacated, for any reason, within two years of the employment date of a SMC recommended candidate; in this event, SMC will charge the client only for, its out=of-pocket expenses to redo the search (no professional fees will be charged); and SMC will never actively recruit any candidate who SMG has placed not will SMC, actively recruit any employee from a. client organization for at least two. years from the completion date of an assignment. Professional Services Agreement 7553 Executive Search Services - Deputy City Manager Page 16 of 18 DocuSign Envelope ID: 710E154C-7B5F-46AE-AF70-5DF86F3E44g6. EXHIBIT B INSURANCE REQUIREMENTS 1, The Service Provider will provide, from insurance companiesacceptable to the City,.the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service. Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered; effective dates and date of expiration of policies; and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of.the insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Providerunder'this Agreement. The City, its,officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liabilityinsurance policies for any claims arising out of work performed under this Agreement - Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required. by. Colorado jaw. 2. Employer's Liability insurance with limits, of $100;000_per.accident, $500,000 disease aggregate, and $100,0.00 disease ,each employee. B. Commercial General & Vehicle. Liability. The Service Provider;shall maintain :during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including• accidental death, as well as for claims:for property damage, -which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis. The amount of 'insurance for,each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single, limits' for bodily injury and property damage. In the eventanywork is performed.by a Subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this.Agreementby a subcontractor, which liability is not covered by the subcontractor's insurance. Professional Services. Agreement 7553 Executive Search Services — Deputy City Manager Page 17 of 18 DocuSign Envelope 1D: 71 CE154C-7B5F-46AE-AF705DF86F3E449B EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided. to the City of FortCollins (the "City") pursuant to this Agreement (the "Agreement"), the Professional 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 ithe 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 Professional has agreed to perform, the Professional 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 jbe confidential and/or proprietary, The Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized'by the City. Further, the Professional 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 Professional understands that it shaii 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason; the Professional 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. Professional understands and agrees that the City's remedies at law for a breach of the. Professional'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. Professional Services Agreement 7553.Executive Search Services.— Deputy City Manager Page 18 of 18 OP ID: -SS' .4CORO ` k.�' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYIY) 1210412013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 'CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE' COVERAGE. AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE' OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED . REPRESENTATIVE. OR PRODUCERS AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ias) must be endorsed. If SUBROGATION 1S WAIVED, subject to mam the tersnd condillons of the Policy, certain policies ay 7egulre an `endorsement. A statement on this, certificate does not confer rights to the - certificate in lieu of such endorsement(sl. PRODUCER Siegel Insurance, Inc. 2987.Claiimont Road Suite 425 Atlanta, GA 30329 Nan Nettleman CONTACT - PHONE - -- -' FAX " Arc No Ext:— AfC, No ADDRESS:. U9 ME D1:-SLAVI-1 - .... ... ". CUSTOMER INSURER(8) AFFORDING COVERAGE - _ NAIC! INSURED Robert E Slavin, Inc dlbla INSURERtii Travelers Ind Co of America ., 25666 Slavin Management Consultants Nora Holcomb Bridge Al Norcl`oss; GA 30071-1357 rzuuREReECharter Oak Fire Ins Co, 256 -1 INSURERCn ted:States Liability Ins Co k:U INSURER 0 :" INSURER E INSURERF. - COVERAGES CFRTIFICATFNIIMRFR• RF\nSlnld NlnMace• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE ,LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT'TO WHICH,THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS'SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED.BY PAID CLAIMS. - I LT R L7R ... ..-. . TYPE OF INSURANCE INSR VIVO POLICYNUMSER MM66 kP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CWIsS-MADE OCCUR, X 1680594D6811TIA;06/01/2013 06/01/2014 PREMISES Eeoccurrence $ 300,000 MED,EXP (Any one person) $ 5,000 PERSONAL'B; ADV INJURY $ '1,000,00 GENERAL AGGREGATE $-2,000,00 GENLAGGREGATEYR.+ITAPPLIESPER PRODUCTS -C6f IP/OP AGG $ ,2,000,00 X I F'OLIC-f PRb LOr $ _........ AUTOMOBILE LIAIMnY - 1 COMBIhF_D SINGLE L LAIT I IEe acadanU'• . _ . £-1,000,00 ANY AUTO BODILY INJURY,(Per person) £ - --- ALL OWNED AUTOS BODILY INJIp7Y )Par accPd_=N) £ A X SCHEDLLED AUTOS HIRED AUTOS 1680594D681 I TIA05 06/01/2013 06/01/2014 PROPERTY 6"GE (PER ACCIDENT) £ A X r.lONi7WNEDALIT OS 1680594D6811TIA05 06/01/2013 06/01/2014 UMBRELLALIAS OCCUR EACH OCCURRENCE $ AGGREGATE $ , EXCESS LIAR CL MS—MPDE DEDUCTIBLE .. $ $.. RETErrICN .S B WORKERS COMPENSATION - AND EMPLOYERS'LIABIL" FNfPROFKIETOPJPARTNEFZfEKG THE Y OFFICEr.NtEMGEREXCLUOEO4 El IMandatory.In NH)- - N/A IHUB594D706905 -' - `0610112013 - " 06/01/2014 X WC STATLI OTH- TORV IMIT rR. E:L.EACH ACCIDENT I$ 5o0,00 E L DISEASE- EA EMPLOYEE £ 500,000 I yes. descme under DESCRIPTION OF OPERATIONS helaw .. ,- - EL DISEASE- POLICY LIMIT $ 500,000 A Professional SPI010634 03/02/2013 03102/2014" Per Claim 1,000,00 Deduct 1,060 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,-Additional Remarks Schedule, If more space Is required) C PRTIPICATF FICA nF:P rAN(`FI I ATInk] CITYFC1 SHOULD ANY OF THE ABOVE-0ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED �IN ' City of Fort Collins, CO ACCORDANCE WITH THE POLICY PROVISIONS. 300 Laporte Avenue AUj/Re/R�ZED REPRESENTATIVE Fort Collins, CO 80521 ©1988-2008„ACORD CORPORATION. All rights reserved. ACORD 25 (1609109) The ACORD name,and.logo eie registered marks of ACORD DocuSign Envelope ID:710E154C-7B5F-46AE-AF70-5DF86F3E449B Professional: City: Copy to: Slavin.Management Consultants City of Fort Collins City of Fort Collins Attn: Bob Slavin Attn: Gi.nny Sawyer Attn: Purchasing Dept. 3040 Holcomb Bridge Road, PO Box 580 PO Box 580 Suite A-1 Fort Collins, CO 80522 Fort'Collins, CO 80522 Norcross, GA 30071 In the event of any such early termination by the City; the Professional .shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for'the :professional quality, 'technical accuracy, timely completion and the coordination of all 'services rendered by the 'Professional, including but not limited to designs, 'plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors; omissions; or other deficiencies. The Professional shall indemnify, save and hold harmless the City, `its officers and employees in accordance with Colorado law; from all damages whatsoever claimed by :third parties against the, City; and for the City's costs and reasonable attorneys fees, arising" directly or indirectly but of the Professional's negligent. performance of any of the services furnished under this Agreement. The Professional shall "maintain commercial general liability insurance in the .amount of $500,000 combined single limits in accordance with Exhibit B consisting of one (1) page, attached hereto and incorporated herein. 5. Compensation. In consideration of the service's to be performed pursuant to this Agreement, the City agrees to pay Professional a firm.fixed fee in the amount of $14;985 plus reasonable reimbursable direct costs. Expenses will be billed at actual cost and will .not exceed 550% of the fee ($8,242). Payment terms shall be net, 30 days in accordance_ with the following payment schedule: Professional Services Agreement 7553:Executive :Search Services — Deputy City Mariager Page 2 of 18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to. include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a *itten contracl, executed prior to loss, to name as additional jnsur6cljbut only with respect to liability arising out of "your work" or your ongoing operations for that addi- tional insured performed by you or for you. 2y With respect to the insurance afforded to Addi- tional Insureds'the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed In a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance'does not apply: a., on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage;" "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for .you,, in- cluding: 1. The preparing, approving or falling to prepare, or approve maps, drawings, opinions, reports, ;surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or -engineering services. CG D1 05 '04 94 Copyright, The Travelers Indemnity Company, 1994. Pagel of ;Includes Copyrighted Material from Insurance+Services Office, Inc. DocuSign Envelope iD:.710E154C-7B5F-46AE-AF70-5DF86F3E449B a. $4,496 (30%) upon execution of the Agreement b. $4,496 '(30%) at end of thirty days c. $4,496 (30%) at end of sixty days d. $1,497'(10%) upon candidates acceptiof the position 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. 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'Professonal's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose: 8. 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. Accordinglyi the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior Written consent of the City. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in this Agreement without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply:, a the ,subcontractor must be a reputable, qualified. PPY�. {) firm with an established record of successful performance in its respective trade Professional Services Agreement 7553`Executive Search Services - Deputy City 'Manager Page 3.:of.1B Doc6Sign Envelope ID: 71 CE154C 7bSF-46AE-AF76-5DF86F3E449B performing identical or substantially similar work, (b) the subcontractor will be required to comply with -all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor; and .(d) the work of the subcontractor will be subject to inspection by the City to the. same extent as.the work of the Service Provider. 10. 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 flail or refuse to ,perform according to the terms of this agreement, such party may be declared in default. 11. 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. 1.2., 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. 13. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In,tne.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 Professional Services Agreement 7653 Executive Search Services Deputy City Manager Page 4 of 18 DocuSlgn"Envelope ID: 710E154C-7B5F-46AE-AF70-5DF86F3E449B of this Agreement. 14. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-1,01, C.R.S., et. seg.; 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 Pro -dram") or :the Department Program (the 'DepartmentProgram"), 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-e.mploymentscreening 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: Professional Services Agreement 7553 Executive Search Services — Deputy City Manager Page 5 of 1 S DocuSign Envelope ID: 710E154C-7B5F-46AE-AF70-5DF86F3E4498 1. Notify such subcontractor and the City within three days that_ Professional has actual knowledge that the subcontractor is employing 'or contracting with an illegal alien; and 2. Terminate the subcontract. with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except. that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides 'information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment:(the"'Department') made in the course of an investigation that the Department undertakes or is undertaking g pursuant to the authority ..established, in Subsection 8-17.6-102 (5), C`R.S. f: If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-175-102, 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 8-47.5-102., G.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 terrininates.the Agreement for such breach. 15. ,Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services -Agreement 7553 Executive. Search Services — Deputy City Manager- Page 6 of 18 DowSign-Envelope ID; 710E154C-7B5F46AE-AF70-5DF86F3E4498 THE CITY OFj/F�1 fOLLINS,�OLORA . By: / v - 1. / I GefN Paul Director of Purchasing & Risk Management DATE: f 'SLAVIN MANAGEMENT CONSULTANTS By: Paul Wenberr 2o�P�f Printed:: ✓,.� Title: Date: Professional Services Agreement 7553 Executive Search Services — Deputy City Manager Page 7 of 18 DocuSign Envelope ID: 74CE154C785F-46AE=A1770-51)F86F3E4496 EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES Professional will provide, executive search services to aid_ in hiring a Deputy City Manager. Fort Collins is a vibrant, community that ,operates under the Council/Manager form of government. The municipal organization serves approximately 15,1,000 citizens and has been recognized as one.of the best places to live, vacation and do business. The Deputy City Manager -serves at the pleasure of the City Manager and provides leadership and assistance to the City Council and the City Manager and City Organization. The Deputy City Manager is: • Trusted partner to the City Manager and Executive Leadership Team. • Operational problem solver and coordinator. • 'Supporter and driver of organization initiatives. • Liaison between citizens, boards and commissions; Council, City Manager and internal . service areas. Strategic thinker who, assists in setting strategic direction of the City. • Proven leader, competent decision -maker,. excellent communicator. • Member of Executive Leadership Team. The selected firm will be expected to will work closely with the City throughout1he search and selection process. Services required will include the following` 1. Work closely with'the City Manager and designated 'City personnel to finalize a profile for the Deputy City Manager position. Utilize input from constituents to customize profile, and .selection process. 2. Coordinate, recruiting efforts for the position, including advertising -and personal recruitment of candidates. 3. Review and screen applications. 4. Conduct preliminary interviews on selected candidates: 5. Work closely with designated City staff to develop asite visit agenda and interview schedule. 6. Provide a list of approximately 15-20 candidates as soon as practical. 7. Coordinate follow-up interviews and site visits. 8. Negotiate employment offer. Professional Services Agreement 7553 Executive Search Services — Deputy City Manager Page 8,of 18 DocuSign Envelope .ID: 710E154C-7B5F-46AE-AF70-5DF86F3E449B. WORK:PLAN & TIMELINE SMC will use a proven and comprehensive seven -step work plan to complete this project as follows: 1. Develop recruitment profile; 2. Recru'it qualified candidates; 3 Submit .written progress report on semi-finaliststo`client 4. Conduct background investigations/site visits on finalists; 5. Assist client in interview and selection process; 6. Facilitate employment of selected candidate; and 7. Conduct follow-up with client after candidate has been employed. l . Develop recruitment profile SMC will meet with the City Manager and other .staff to learn about the, City's needs and culture. Also, SMC will provide options for additional external and internal stakeholder involvement. Finaliy, SMC would appreciate receiving ;a guided tour of the: community. These meetings and tour as well as 'independent research conducted by SMG about the 'community and position will help SMC determine the unique challenges to be managed by Fort :Collins' next Deputy. City Manager. This will allow SMC to accurately describe the desired professional and personal attributes top candidates should possess. Once SMC 'has gained sufficient information, it will prepare a draft recruitment, profile and review it with the City Manager to pbtain their approval. The profile will include information about the Fort Collins community, City government, issues and opportunities to be managed by the next Deputy City Manager, and the :job mquirements and selectoricriteria 2. Recruit qualified candidates SMC will utilize the following .resources to conduct a national recruitment for qualified candidates that meet the job specifications and selection criteria for the position: SMC's_database of candidates; SMC's professional local government management network; • Advertisements in national professional print publications and websites and regional publications as appropriate; and • Sending the recruitment profile to persons who have the:requisite experience.for the .position. 3. Submit written progress report on.semi-finalists After the recruitment phase of this assignment -is completed, 'SMC will submit a written progress report on 15-20 semi-finalist candidates and meet in person with the City to discuss this report. Professional Services Agreement 75,53.Executive Search Services - Deputy'City Manager Page 9 of 18