HomeMy WebLinkAboutKORN FERRY LEADERSHIP CONSULTING CORPORATION - CONTRACT - AGREEMENT MISC - 360? ASSESSMENTSAMENDMENT NO. 1
TO THE SERVICES AGREEMENT
THIS AMENDMENT (“Amendment”) is entered into as of January 23, 2015 by and between The City of
Fort Collins (“Client”) and Korn Ferry Leadership Consulting Corporation, f/k/a Personnel Decisions
International Corporation (“Service Provider”).
WHEREAS, Client and Korn Ferry are parties to a Services Agreement dated May 15, 2013 (the
“Agreement”); and
WHEREAS, the parties now desire to amend the terms of the Agreement according to the terms and
conditions set forth in this Amendment; and
NOW, THEREFORE, the Agreement is hereby amended as follows:
1. Introductory Paragraph. This paragraph is amended to reflect that on May 1, 2014, Personal Decisions
International Corporation has been was renamed Korn Ferry Leadership Consulting Corporation. The name
of Personnel Decision International Corporation is changed to Korn Ferry Leadership Consulting
Corporation (Korn Ferry) throughout the Agreement, including but not limited to its Exhibits and
Amendments. After May 1, 2014, all invoices will be sent by Korn Ferry Leadership Consulting
Corporation and Client should submit payment to this entity.
2. Section 2 – Contract Period. Section 2 is amended to retroactively extend the term of the Agreement from
May19, 2014 through December 15, 2015 (the “Renewal Term”).
3. Section 5 – Contract Sum. Section 5 is amended to reflect that the total amount is hereby revised to
include the additional fees of Forty-Two-Thousand-Fifty Three Dollars ($42,053.00), plus any aggregate
report fees at $350 per report, under the new Exhibit “D”, consisting of one (1) page, and incorporated
herein by reference.
4. Exhibit C – Service Provider Products and Services. Exhibit C shall be deleted in its entirety and
replaced with the Exhibit C attached hereto.
5. Exhibit D – 360 Assessment Tool Costs. Exhibit D shall be deleted in its entirety and replaced with the
Exhibit D attached hereto.
Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 66CF37A2-8B14-47D0-9A37-DF2E460C7372
1/27/2015
IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date set forth above.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
Korn Ferry Leadership Consulting Corporation
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
DocuSign Envelope ID: 66CF37A2-8B14-47D0-9A37-DF2E460C7372
Senior Director Operations
Carrie Lura
1/27/2015
1/27/2015
EXHIBIT C
Service Provider PRODUCTS/SERVICES (Check all that apply)
PROFILOR® Multirater 360° Feedback
Time2Change®
TalentView® of Leadership Performance
TalentView® of Leadership Transitions
Publications
Quick Access Tool (QAT) Event Management support to be provided by Korn Ferry (Note: We strongly
recommend PDI Event Management for clients with an annual volume of under 25).
Client elects Commitment Pricing for the Initial Term as set forth in Attachment 1, Product
Commitment Pricing Schedule (Note: Absent a signed Product Commitment Pricing Schedule, fees due
for each Service Provider Product shall be at Service Provider's then-current rates at the time of each
order.)
New Client Setup Charge/Implementation Fee
Background. City, "Client", may commit to purchasing a specific number of Products during the Initial
Term or any Renewal Term by signing below, and thereby be charged the reduced fees applicable to
the selected Volume Tier for each Product during the applicable Commitment Period (defined below).
Commitment Period. The period to which the Volume Commitments below apply is from January 1,
2015 to December 31, 2015 ("Commitment Period").
Tier Commitment. Client hereby agrees to purchase the number of Products specified below
during the Commitment Period. The fees charged during the Commitment Period shall be as
follows:
Bundled PROFILOR® and
Time2Change® Instruments
Volume Tiers*
No Commitment-Current List Price
25-49 Participants (pre-bill required)
50-99 Participants
100-199 Participants (T2C + PROFILOR)
200-499 Participants
500-999 Participants
1000+ Participants
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PROFILOR® Instrument Pricing1, (per Participant)
Data Collection Method Online Data Collection Method only
Report Method Paper
Volume Tier: 100-199 $140 USD
Time2Change® Instrument Pricing1, (per Participant)
Data Collection Method Online Data Collection Method only
Report Method Paper
Volume Tier: 100-199 $95 USD
1 Pricing Grid assumes QAT Event Management by Client; if QAT support is provided by
Korn Ferry instead of Client, add US$35 for bundled products.
=> For additional services requested by Client, and agreed upon by Service Provider, Service
Provider will charge Client its then-current fee, unless the parties have otherwise agreed to a fee in
writing.
Publications
Title
50 Minimum
25% Discount
100 Minimum
30% Discount
500 Minimum
33% Discount
Successful Manager's Handbook* $29.95 $28.95 $27.95
No Commitment - Current List Price
*Only available for purchase under this Agreement through February 28, 2015.
Fee Adjustment. If, at the completion of the Commitment Period specified above, Client has
processed fewer Products than the Product Volume for the Volume Tier selected above,
Client shall pay Service Provider an amount equal to the difference between the Volume Fee
for the Volume Tier of Products actually activated/purchased and the Volume Fee for the
Volume Tier selected above, multiplied by the number of Products actually
activated/purchased by Client during the Commitment Period.
Fees and Payment. Client shall pay to Service Provider the respective fees for the Products
as indicated on the Agreement and as invoiced by Service Provider. All fees are non-
refundable. For additional services requested by Client and mutually agreed upon by Client
and Service Provider, Service Provider reserves the right to charge Client project management
fees; such fees will be billed at Service Provider's then-current project management rates or as
otherwise mutually agreed upon. In such event, Service Provider shall provide Client a written
quote which shall be subject to Client’s written approval. Client shall pay each invoice issued by
Service Provider net 30 days.
Client represents and warrants it is exempt from all sales, use, and other similar taxes for
transactions contemplated by this Agreement. Client will provide Service Provider with a
valid exemption certificate or other evidence of such exemption in a form reasonably
acceptable to Service Provider.
Property Rights: Client shall have and retain ownership of all reports prepared by Service
Provider for Client. Such reports originate from and through the application by Service Provider of
those proprietary, copyright, and trade secret materials owned by Service Provider and/or its
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licensors, hereby designated as "original works," to information and data provided by Client. Such
"original works" are and will at all times remain the property of Service Provider or its licensors. In
the event Service Provider shall, from time to time, hereafter modify or expand such "original works"
to apply to the information and data provided it by Client, such modification and/or expansion shall
constitute an enhancement or derivative of such "original works" and shall at all times hereunder
remain the intellectual property of Service Provider. To the extent any "original works" have been
modified for Client, Service Provider will hold in confidence all such derivative works and will not
disclose them to any third party. All material and information supplied by Client to Service Provider
during the performance of this Agreement shall remain solely Client's property, and Service
Provider shall have no rights to such material or information whatsoever. Client acknowledges that
the raw data, test results and materials that may be gathered by Service Provider through an
assessment or multirater feedback process , and upon which Service Provider's reports are based,
may be restricted to Service Provider under agreement between Service Provider and individual
participants and respondents, or under state psychology laws and American Psychological
Association Guidelines and shall not be disclosed to Client. Service Provider agrees to hold in
confidence any data, test results and information so gathered. Service Provider may archive and
use the data obtained in connection with the services internally in its database for purposes of
group norms, validation, statistical or other database applications.
Confidentiality: The Confidentiality provisions within the Services Agreement shall apply mutually,
so that Client must also hold Service Provider’s confidential information in confidence except as
otherwise required by the Colorado Open Records Act (CORA).
Restrictions on Use: Use of The PROFILOR, multirater, and Time2Change® instruments is
restricted as follows : The PROFILOR, multirater, and Time2Change® are instruments developed to
provide feedback and development focus and recommendations to individuals about their
management skill strengths and development needs. These instruments are not designed for and
are not appropriate for selection, promotion, salary review and adjustment, dehiring (firing), and/or
deselection decisions.
Limited Disclosure. In order to maintain the confidentiality and integrity of the Service Provider
Products, the parties agree that (i) Service Provider shall only disclose Reports and shall not
disclose individual Participant responses or other raw data used to prepare such Reports to Client
and (ii) Service Provider shall only disclose Reports to a certified coach, certified
facilitator or the individual subject of the Report in accordance with Service Provider's best
practices procedures . The parties agree that these requirements are necessary in order to
maintain the quality and integrity of the Service Provider Products.
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EXHIBIT D
360 Assessment Tool Costs:
Vendor Korn Ferry Leadership Consulting Corporation
Assessments: PROFILOR® - 360 Tool- Pre-Test
Mid-Level Leader Model - includes development
recommendations that align with the supplemental Successful
Manager Handbook.
Colored, hard copy, feedback report
$140.00 X 140
$19,600
Time2Change® Post-Test tool
Follow up feedback assessment rating the top-ten competencies
chosen by the participants.
Colored, hard copy, feedback report
$95.00 X 140
$13,300
System Bundling: Billed up front for both the Profilor and Time2Change
Assessments allows a reduction in administration fees/leverages
administrative support.
$35.00 X 140
$4,900
Successful Manager's Handbook*:
Supplemental resource guide and development planning options
and recommendations.
*Only available for purchase under this Agreement through February 28, 2015.
$28.95 X 140
$4,053
Aggregate reports: Provide customized aggregate reports -data from the Profilor 360.
$350.00 per report
Misc. fees: Participant Reactivation fee
$200
Total: $42,053.00 (plus any aggregate report fees at $350 per report)
DocuSign Envelope ID: 66CF37A2-8B14-47D0-9A37-DF2E460C7372