HomeMy WebLinkAboutKORN FERRY LEADERSHIP CONSULTING CORPORATION - CONTRACT - AGREEMENT MISC - 360? ASSESSMENTS (3)Third Amendment to the Services Agreement
between The City of Fort Collins
and Korn Ferry Leadership Consulting Corporation
This Third Amendment to the Service Agreement (the “Third Amendment”) is entered into by
and between Korn Ferry Leadership Consulting Corporation (the “Service Provider”) and the
City of Fort Collins, Colorado (the “City”).
WHEREAS, the Service Provider and the City previously entered into a Services
Agreement dated May 15, 2013; and
WHEREAS, the parties entered into a First Amendment dated January 27, 2015 and a
Second Amendment dated May 3, 2016 (collectively with the May 15, 2013 Services
Agreement, the “Agreement”); and
WHEREAS, the parties agree to amend the Agreement to replace Exhibit C and Exhibit
D to said Agreement; and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
herein contained, the parties agree as follows:
1. Exhibit C – Service Provider Products and Services. Exhibit C to the Agreement
shall be deleted in its entirety and replaced with the Exhibit C, consisting of four (4)
pages attached hereto and incorporated herein by this reference.
2. Exhibit D – 360 Assessment Tool Costs. Exhibit D to the Agreement shall be deleted
in its entirety and replaced with the Exhibit D, consisting of one (1) page attached hereto
and incorporated herein by this reference.
Except as expressly amended by this Third Amendment, all other terms and conditions of the
Agreement, First Amendment and Second Amendment shall remain in full force and effect.
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC
IN WITNESS WHEREOF, the parties have executed this Amendment the day and year shown.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing
Date: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
Assistant City Attorney
KORN FERRY LEADERSHIP CONSULTING
CORPORATION
By: __________________________________
Carrie Lura
Senior Director, Operations
Date: _______________________________
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC
2/1/2017
2/1/2017
EXHIBIT C
SERVICE PROVIDER PRODUCTS/SERVICES (Check all that apply)
PROFILOR® Multirater 360° Feedback
Time2Change®
TalentView® of Leadership Performance
Development Tracker
Quick Access Tool (QAT) Event Management support to be provided by Korn Ferry (Note: We strongly
recommend Event Management for clients with an annual volume of under 25).
Client elects Commitment Pricing for the Commitment Period as set forth below. (Note: Absent
Commitment Pricing below, fees due for each Service Provider Product shall be at Service Provider's
then-current rates at the time of each order.)
Additional Services:
TalentView® of Leadership Performance Feedback Certification Refresher
PRODUCTS AND COMMITMENT PRICING
Background. City, "Client", may commit to purchasing a specific number of Products
during the Commitment Period, and thereby be charged the reduced fees applicable to
the selected Volume Tier for each Product noted below during the applicable
Commitment Period (defined below).
Commitment Period. The period to which the Volume Commitments below apply is
from February 1, 2017 to December 31, 2019. If not signed by both parties by
February 1, 2017 this Commitment Pricing begins on the date the last party signs below
and will expire after 12 months (the “Commitment Period”). The Commitment Period
cannot exceed twelve (12) months.
Volume 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:
Profilor®
PROFILOR® Instrument Pricing1, (per Participant)
Data Collection Method Online Data Collection Method only
Report Method Online Paper
1-24 Participants $240 $255
25-49 Participants 200 215
50-99 Participants 180 195
100-199 Participants 150 165
200-499 Participants 125 140
500-999 Participants 105 120
1000+ Participants 84 99
Pricing Grid assumes Event Management by Client; if support is provided by Korn Ferry instead of Client,
add US$25 for non-bundled products, US$35 for bundled PROFILOR + T2C products
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC
TalentView® of Leadership Performance
TalentView® of Leadership Performance
Volume Tiers Volume Volume Fee
☐ Tier 7 1000-1999 $125
☐ Tier 6 500-999 $155
☐ Tier 5 200-499 $190
☐ Tier 4 100-199 $240
☐ Tier 3 50-99 $295
☐ Tier 2 25 - 49 $315
☒ Tier 1 0 - 24 $495
Time2Change
Time2Change
Volume Tiers (Check One) Survey Event Volume Volume Fee (paper report)
☐ Tier 5 200-499 $95
☒ Tier 4 100-199 $105
☐ Tier 3 50-99 $115
☐ Tier 2 25 – 49 $125
☐ Tier 1 0 - 24 $145
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.
ADDITIONAL SERVICES
TalentView® of Leadership Performance Feedback Certification Refresher
Service Provider will deliver a virtual, two (2) hour TalentView® of Leadership Performance and
Interpretation refresher, via the WebEx application. Refresher includes a sample reports for reference.
Fee: $1500, to be invoiced upon delivery
Date and Time: To be determined
Refresher participant may retain the sample report for personal use subject to the copyrights thereon.
TalentView Group Summary Reports: $1250 one-time fee, per model
TalentView Job Analysis Questionnaire: Waived by Client
Service Provider will schedule and commit personnel and resources to provide the Services. Service
Provider understands that Client’s business conditions may change; however, rescheduling or cancelling
on short notice impacts Service Provider’s business and its ability to provide outstanding service to all of
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC
its clients. Client may reschedule or cancel the provision of Services by paying the following fees in
addition to the associated fees for any Services rendered. These fees are a genuine pre-estimate of
Service Provider’s losses as a result of such rescheduling or cancellation, and are reflective of the value
of the lost bookings for Service Provider for the time scheduled and fees which otherwise have been
earned by the team leader, team members and other resources, and are not penalties.
1. If rescheduling or cancelling more than 20 business days before the scheduled program, meeting or
session, Client will pay the Actual Expenses (defined below) incurred as a result of the rescheduling
or cancellation.
2. If rescheduling or cancelling 20 or fewer business days before the scheduled program, meeting or
session, cancellation/rescheduling fees will be calculated based on the number of business days’
notice provided as shown in the table below, plus Actual Expenses incurred.
“Actual Expenses” means amounts Service Provider pays to others in anticipation of the Services (e.g.,
hotels, airlines) that Service Provider cannot recover on its termination of the bookings. Service Provider
will invoice Client for any additional charges, penalties or fees incurred due to changes or
cancellations. Service Provider will charge Client for costs incurred for any materials Service Provider
prepares (e.g., for events, workshops, meetings) if the engagement is not rescheduled within two months
of the original date.
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.
ADDITIONAL TERMS:
Fees and Payment. Client shall pay to Service Provider the respective fees for the Products
and Services 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 it is exempt from 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
Length of Program:
Less
than 1
day
1-2 days 3-5 days
Notice from client
(business days)
16-20 0 0 25%
11-15 0 25% 50%
6-10 0 50% 75%
3-5 50% 75% 75%
Less
than 3
100% 100% 100%
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC
those proprietary, copyright, and trade secret materials owned by Service Provider and/or its
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: The Products are not intended as a substitute for professional judgment; Client
will not use the reports as the sole source for any decision relating to its employees or candidates,
including reprimand, compensation, employment status or work opportunities. Client will use the
reports only for their intended purposes and adhere to best practices and procedures outlined in the
Korn Ferry certification. Reports must be used in the form provided and Client may not create any
derivative works of the reports or use the Korn Ferry-Owned Materials outside of the reports.
Specifically, where applicable, 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.
Job Analysis. Client acknowledges that Service Provider views completion of a Job Analysis is an
integral part of the TalentView® of Leadership Performance process. A Job Analysis is the process of
validating and documenting a relationship between the requirements of a particular job and the
assessment to be applied to it, ensuring that the assessment measures behaviors that are critical for
success in the target position, taking into account critical knowledge, skills, abilities and other
characteristics.
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 and procedures . The parties agree that these requirements are necessary in order
to maintain the quality and integrity of the Service Provider Products.
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC
EXHBIT D
Lead 2.0 – Korn Ferry Anticipated Costs
360 Assessment Tool Costs:
Vendor Korn Ferry
Audience: 90 supervisors/managers and up to 12 Executives
Assessments: TalentView – 360 Tool – Pre-Assessment
Manager Level Leader Model – includes development recommendations
that align for a leader’s improvement.
Colored, hard copy, feedback report
$240.00 x 102
$24,480
Time2Change – Post Assessment
Follow up feedback assessment rating the Top-ten competencies chosen
by the participants.
Colored, hard copy, feedback report
$90.00 x 102
$9,180.00
Aggregate reports: Provide customized aggregate reports for TalentView
$1,250.00 one-time fee per model. For unlimited group summary reports
pulled over the lifetime of TalentView usage.
$1,250 x 3 models
3,750.00
Total System/Tool Costs: $37,419.00
DocuSign Envelope ID: 2A4A2A1C-5180-4305-85BB-B5C6A86C9FEC