HomeMy WebLinkAbout549130 AFFION PUBLIC - CONTRACT - RFP - 8018 EXECUTIVE SEARCH SERVICES - CHIEF SUSTAINABILPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below," by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the, "City" and Affion Public, LLC and limited liability company 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 three (3) pages, and
incorporated herein by this reference.
2. Contract Period. The services to be performed pursuant to_this Agreement shall be
initiated immediately following execution of this Agreement. Services shall be completed
no later than March 31, 2015. 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.
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Order #
Vendor/Supplier #
OV # Batch #
RFP 8018 Executive Search Services — Chief Sustainability
a. $7,000 to be invoiced upon execution of the agreement.
b. $7,000 to be invoiced upon presentation of Final Candidates.
c. $7,000 to be invoiced upon the City hiring of the selected candidate. _
The fee is all inclusive of all phases of the search. In the event the,City does not select a
candidate from the initial 'semi-finalist, Professional shall continue the .search at no
additional cost until a suitable candidate is selected by the City. Candidate travel to Fort
Collins is not included in the fee.
In the event the hired candidate is asked to leave for reasons of non-performance, or
leaves of his/her own volition in the first 24 months. of employment, Professional shall re-
launch a search for a new candidate, under the original position specifications for no
additional professional fee. In such case, reasonable expenses incurred by Professional
for travel, hotel, and re -posting of job advertisements will be reimbursed by the City with
prior written approval.
6. City Representative. The City will designate, Deb-Mossburgh as 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 Professional's compensation hereunder
'for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
u
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according to the terms of this'agreement, such party may be declared in default.
12. 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 speck
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.
r ,
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 assign's 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., at.
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
RFP 8018!Executive Search Services — Chief Sustainability Officer Page 5 of 14
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.
f. If Professional violates any'provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Professional shall be liable for actual and
consequential damages to the City arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
16. 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.
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EXHIBIT A
,• SCOPE OF SERVICES
8018 EXECUTIVE SEARCH SERVICES - CHIEFSUSTAINABILITy OFFICER (CSO)
SCOPE OF SERVICES
The City of Fort. Collins is seeking proposals from, consulting firms who provide
executive search services 'to aid in hiring.a Chief $ustainability, Officer. Fort Collins is a
vibrant, community that operates,unde� the ,Council/Manager form of government. The
municipal organization serves approximately 151,000 citizens and has been recognized
as one of the best places to live, vacation and do business. The Chief Sustainability
Officer reports to the Deputy City Manager `/; Ctiief-'Operating Officer and
directs/manages Sustainability Services activities including Economic Development;
Environmental and Social Sustainability operations.'
The selected firm will be expected to will work closely with the City throughout the
search and selection process.
Services required will include the following:
1. Work closely with'the•Deputy City,Manager / Chief Operating Officer and designated
City personnel to finalize`a profile for tHe• Chief Sustainability Officer 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 designatedCitystaff to develop a site visit agenda and interview
schedule. ;
6. Perform reference `checks and provide a list of approximately 10-15 candidates as
soon as practical.` _
7. Coordinate follow-up interviews and site visits.
8. Conduct background screening.
9. Negotiate employment offer.
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PROJECT TIMELINE
If 111111 3bep
Tamet.Mtas
Execute Contract
December 5, 2014
Weekly Progress Reports
bri-Going
Stakeholder Meetings
Tentatively December 18 & 19
Finalize Position Profile
January 2, 2015
Post Position
January 5, 2015 -February 2, 2015
(4 weeks)
Recruitment Activities
Review and finalize candidate selection to
Complete February 12, 2015
be presented/reference
checks/background checks
Presentation of 6-8 candidates
Complete February 27, 2015
Successful candidate accepts offer of
March 20, 2015
employment
Note: The Professional will strive to compress the timeline as practical. The
project schedule may change in the event the'stakeholder meetings
are not completed'on December 18r" and 19th.
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EXHIBIT B
INSURANCE REQUIREMENTS
The'Service Provider`will'provide, from insurance companies acceptable'to the City 'the
insurance coverage designated hereinafter and pay7altcosts.'Before commencing work
Under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, Van 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 ServiceProvider, such
insurance as the City may deem proper an'd may deduct the cost of such insurance from
any monies which may be due or become due the Service' Proovidd under this
Agreement"The City; its officers, agents and employees shall be named a's additional
insureds'on the Service. Provider's general 'liabdityand automobile liability insurance
policies for any claims -arising out of work performed'un`der this Agreement.
2. Insurance coverages shall be as follows:
A. .Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during'the fife of this Agreement for all of the Service Provider's
employees engaged in work performed undeF this agreement:
1. Workers'. Compensation insurance with statutory limits as required by
"Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 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 Gerieral'and Veliicle, shall not be less
than $500,000 combined single'limits for bodily injury"arid property damage.
In the event any work 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 Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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