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HomeMy WebLinkAbout582944 RALPH ANDERSEN & ASSOCIATES - CONTRACT - AGREEMENT MISC - RALPH ANDERSEN & ASSOCIATESDocuSign Envelope lD: 08CC55F4-F6D6-405A-A579{48D467402D5 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 "City" and RALPH ANDERSEN & ASSOCIATES, hereinafter referred to as the "Professional". WITNESSETH: ln consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scooe of Services. The Professional agrees to provide services for Recruilment for Position of Chief of Police in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) pages, and incorporated herein by this reference. lrrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. Contrac{ Period. This Agreement shall commence upon execution of this document, and shall continue in full force and effect until September 30,2017, unless sooner terminated as herein provided. 3. Earlv 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 contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effec{ive when mailed, postage prepaid and sent to the following addresses: Professional: Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 5800 Stanford Ranch Rd. Suite Fort Collins, CO 80522 Fort Collins, CO 80522 410 Rocklin, CA 95765 qreo@ralohandersen.com ln 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. Desion. Proiect lndemnitv and lnsurance Responsibilitv. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the City: Ralph Andersen & Associates City of Fort Collins Attn: Greg Nelson, Sr. Attn: Kelly DiMartino Consultant PO Box 580 PSA - Execulive Recruiler - Police Chaef Page 1 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-448D467402D5 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 attorney's fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein. Compensation. ln consideration of the services to be performed pursuant to this Agreement, the City agrees lo pay the Professional a fixed fee in the amount of Twenty- Eight Thousand Five Hundred Dollars ($28,500.00) including reimbursable direct costs. All such fees and costs shall not exceed Twenty-Eight Thousand Five Hundred Dollars ($28,500.00) in accordance with Exhibit "A", consisting of nine (9) pages, attached hereto and incorporated herein. Monthly parlial payments based upon the Professional's billings and itemized statemenis are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceplance of the Work by the City. Upon final payment, all deslgns, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the "lnstruments of Service"), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The llcense granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the lnstruments of Service for use in performing services or construction for the project. ln addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the lnstruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the lnstruments of Service. This license shall survive termination of the Agreement by default or otherwise. Citv Reoresentative. 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. 5. 7. PSA - Executive Recruiter - Police Chief Page 2 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-648D{67402D5 Monthlv 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. lndependent 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. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. lf 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 firm with an established record of successful performance in its respective trade 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 Professional. The Professional shall require all subcontraclors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract's certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). Personal Services. lt is understood that the City enters into the 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 the Agreement without the prior written consent of the City. 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. o 10. 11. 12. PSA - Execulive Recruiter - Police Chiel Page 3 of 17 o. Doc.usign Envelope lD: 08CC55F4-F6D6-405A,A579-648D467402D5 Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. ln the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. Remedies. ln 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. ln the event the default remains uncorrecied, 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. lf 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. Bindino 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. Law/severabilitv. The laws of the state of colorado shall govern the construction. interpretation, execution and enforcement of this Agreement. ln 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. Prohibition Aoainst Emolovinq llleqal Aliens. pursuant to Section g-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As ofthe date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-verify program created in public Law 208, 104th Congress, as amended, and expanded in public Law 156, 1ogth Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify program") or the Department program (the "Department Program"), an employment verification program established pursuant to section 8-17.5-102(5xc) c.R.s. in order to confirm the emproyment eligibirity of all newly hired employees to perform work under this Agreement. b. The 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 arien to perform work under this Agreement. c. The Professional is prohibited from using the e-verify program or Department program procedures to undertake pre-employment screening of job applicants while this tJ. 14. 15. 16. 17. PSA - Execulive Recruiter - Potice Chiel Page 4 of 17 DocuSign Envelope lD: 08CC55F4-F6DA405A-A579-6480467402D5 Agreement is being performed. d. lf the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or conlracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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. lf the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.*102, C.R.S. the City may terminate this Agreement. lf this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional's violation of Subsection 8-1 7.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Soecial 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. PSA - Executive Recruiter - Police Chiel Page 5 of 17 Docusign Envelope tD: 08CC55F4 F6D6-405A-A579,648D467402D5 THE CITY OF FORT COLLINS, COLORADO Gerry Paul Purchasing Director DA:|E s/22/2oL7 By: RALPH ANDERSEN & ASSOCIATES f-I D@'tla,uslsnedby: t""b-U- By: (-"".",...,"".,". printed: Heather Renschl er Ti1e. President,/cEo CORPORATE PRESIDENI OR VICE PRESIDENT s /19 /2077 Date: PSA - Execulive Recruiter - Police Chief Page 6 of 17 DocuSign Envelope lD: 08CC55F4-F6O6-405A-A579-648D467402D5 EXHIBIT A SCOPE OF SERVICES RECRUITMENT FOR POSITION OF CHIEF OF POLICE Recruitment Work Plan Professional approaches every search with a sense of excitement and urgency and we always "hit the ground running." That means that when the City gives us notice to proceed, we kickoff the process immediately - working closely with the City Manager and others, as requested, to identify the key characteristics and professional experience desired in the candidate pool. We believe strongly in providing timely client communications and while we willdeliver regular status reports at each stage of the search, our consultants pride themselves in being highly accessible and responsive to all client requests and inquiries. This City of Fort Collins will have Chief Greg Nelson, Senior Consultant with Ralph Andersen & Associates, as the Proiect Director. Task 1 - Review Project Management Approach The Project Directol Chief Nelson, will meet with the City Manager and others, as appropriate, to discuss the project management for the search. The discussion will include a review of the work plan, confirmation of timing, and communication methods. Based on his experience conducting prior Chief of Police searches, the Pro.iect Director will make recommendations to the City Manager concerning the timeline, process, and parameters for the search in order for the City of Fort Collins to be most competitive in the marketplace and to maximize its results. Task 2 - Develop Position Profile The position profile for the Chief of Police is the guide for the entire search process. The development of the profile includes the collection of technical information and recruitment criteria. Technical lnformation The Project Director will meet with the City Manager, Mayor and City Council (if desired), Fort Collins managemenl team, police department staff, and other key stakeholders, as appropriate, to gain an understanding of the experience and professional background requirements desired in the Chief ol Police. These meetings will also help the Pqect Director gain an understanding of the work environment and the issues facing the City of Fort Collins. Recruitment Criteria The recruitment cntena are those personal and professional characteristics and experiences desired in the Chiel of Police. The criteria should reflect the goals and priorities of the City, The Project Direclor wll meet PSA - Executive Recruiter - Police Chief Page 7 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-648D,r67402D5 with key staff in the City, and others as appropriate, to facilitate the identification and articulation of that criteria. Subsequent to the development and adoption of the candidate profile, the technical information and recruilment criteria will be documented in an information brochure prepared by the Project Director. The brochure will be reviewed by the City in draft format, revised as appropriale, and published for use throughout the search. Optional Services - The City may desire obtaining input from the Community on the qualities they would like to see in the new Chief of Police. To facilitate Community input, the ProJect Dhector can conduct a public meeting as well as offer the ability to submit comments through an online survey instrument. Additionally, our process can allow for email comments to Ralph Andersen & Associates relative to the deshed qualities in the next Chiel of Police. Task 3 - Outreach and Recruiting This task is amonB the most important of the entire search. lt is the focus of the activities of the Project Director and includes specific outreach and recruiting activities briefly described below. Outreach An accelerated outreact and advertising campaign will be developed. lt will include lhe placement of ads in publications such as the lnternational Association of Chiefs of Police, Colorado Association of Chiefs of Police, and olher professional publications, Specific lntemet sites related to govemment will be used as a method of extending the specillc outreach in a short peflod of time. Additionally, the adverlisement and the full text of the position proflle (the recruitment brochure) will be placed on Ralph Andersen & Associates' website, which is accessed by a large number of qualilied candidates. This method of outreach to potential applicants provides a confidential source that is monitored by many key executives on an ongoing basis. Candidate ldentification Chief Nelson will use his extensive contacts to focus the recruiting effort. ln maktng these contacts, the Project Director will target those individuals who meet the criteria sel by the City. Each of the candidates identified through the recruiting efforts will be sent an information brochure. Candtdates will also be contacled directly to discuss the position and to sollcil their interest in being mnsidered. Both the ouheach and recruiting activities will result in applications and resumes from interested candidales. As they are received, resumes will be acknowledged and candidates will be advised of the general timing of lhe search process, The following tasks involve the actual selection process, once all resumes have been received. Task 4 - Candidate Evaluation This task will be conducted following the application closing date. lt includes the following specific activities: Screening All of the applications will be carefully revtewed. Those that meet the recruitmenl cnteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will inc.lude cusideration of such factors as professional experience, and size and complexity of the candidate's current organization as compared to the candidate profile. PSA - Executive Recruiter - Polace Chiel Page 8 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-648D167402D5 Preliminary Research and lnternet Review The research staff of Ralph Andersen & Associates, under the direction ol the Project Director, will conduci preliminary research and intemet review for those candidates identified as the most qualified as a result of the screening process. This level of research will be done on a limited number of candidates to learn more about each candidate's public profile and related information thal is available on the internet. Preliminary lnterviews via Skype Chief Nelson will conduct preliminary interviews with the top group of candidates identified through the screening and preliminary research and internet review processes. The interviews are exlensive and designed to gain addilional information about the candidates' experience, management style, and "lit" with the recruitment cnteria. lnterviews may be conducted in person or as needed using Skype or via telephone. No consultant lravel for preliminary in-person interviews has been included in this Proposal. The screening portion of the candidate evaluation process will reduce a lield ol applicants to approximately five (5) to ten (10) individuals. Those individuals will be reviewed with the City prior to proceeding with the individual interviews. Task 5- Search Report After completing Task 4, Ralph Andersen & Associates will prepare a detailed Search Report in binder format and deliver it via Federal Express to the City of Fort Collins. Chief Nelson will conduct a conference call or Skype meeting with the City Manager to review the search report on the top candidates. The report divides the candidates into three groups including 1) Highly Qualified; 2) Qualified; and 3) No Further lnterest. The search report will include resumes for candidates in both the highly qualified and qualified groups. The results of preliminary research and interviews will be provided in writing. From this meetin8 will come a confirmed group of finalist candidates (typically 4 to 5). Task 6 - Selection The final selection process will vary depending upon the desires of the City. The typical services provided by Ralph Andersen & Associates in the selection process are described briefly below. Chief Nelson will coordinate the selection process for the finalist group of candidates. This includes handling the logistical matters with candidates and with the City. The support staff of Ralph Andersen & Associates, under the direction of the Proiect Director, will prepare an interview booklet that includes an executive candidate summary, resume, and candidate report (with interview comments, preliminary research, and other relevant informationlfor each candidate. ln addition, the booklet will contain suggested questions and areas for discussion based upon the recruitment criteria. Copies ofthe interview booklet will be provided in advance ofthe candidate interviews. Chief Nelson will attend the on-site interviews to assist the City through the selection process. This assistance will include an initial orientation, candidate introductions, and facilitation of discussion of candidates after all interviews have been completed. Additionally, verifications will be made on the top two (2) candidates and will include education verifications, Department of Motor Vehicle check, wants and warrants, civil and criminal litigation search, and credit check. Additionally, Ralph Andersen & Associates willverify any stated certifications PSA - Executive Recruiier - Police Chief Page I of 17 Docusign Envelope lD: 08CC55F4-F6D6-405A-A579 648D467402D5 that candidates may have to verify they are currently in good standing and review any notations on their licenses in the form of any public complaints against the individual. The results of these verifications will be discussed with the City Manager at the appropriate time. Reference checks will be conducted on the top candidate. The results of these reference checks will be discussed with the City Manager at the appropriate time. The Project Director with coordinate with the City to complete any supplemental background investigation that the City wishes to perform, but is beyond the scope of this proposal. The Colorado Peace Officer Standards and Training (POST) Board suggests bacGround investigation components that agencies should consider performing, but does not establish requirements. Chief Nelson is available to provide assistance to the City in the final selection as may be desired. This assistance may include providing or obtaining any additional information desired to assist in making the final selection decision. Task 7 - Negotiation The Project Director is available to assist the City in negotiating a compensation package with the selected candidate. This may include recommendations on setting compensation levels. TaskS-CloseOut After the City has reached agreement with the individual selected for the position, Ralph Andersen & Associates will close out the search. These activities will include advising all ofthe final candidates ofthe status of the search by telephone. PSA - Executive Recruiler, Police Chief Page 10 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-,105A-A579-648D467402D5 Project Schedule Typically, a search will be conducted within a 75 to 90-day period of time from the execution ofthe agreement between the City and Ralph Andersen & Associates. An accelerated search process is always an additional possibility although this may incur additional costs. Following selection, negotiation with the top candidate willtake an additional week or two after interviews are conducted with the top candidates. Ralph Andersen & Associates is prepared to begin this search upon notification of contract award and will schedule kick-off meetings as appropriate. A brief overview of the recruitment schedule is presented below (schedule does not include transition time by Selected Candidate to,oin the City). Month 1 Month 2 Month 3 12 3 il'l 2 3,4 12 3,4 firm selected IConsultant evaluates organizalion: position criteria Btablished identafied and screened Consultant inteMews and conducls preliminary research IConsullant recommends cardidates: client selecls finalists tor interview Clienlcandidate interviews IPGlened candidate selec{edt negotiations *Timefrome for Chief of Police to tronsition to the City is dependent upon the selected condidote's notificotion to his or her current employer. **Any bockground or any investigotive bockground required by the Stote ol Colorodo for the ChieI of Police will be the responsibility of the City of Fort Collins ond moy extend beyond this timefrome. PSA - Executive Recruiter - Police Chiel Page 'l1 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-648D467402D5 Project Personnel The reputation of the search firm and personal commitment of the recruiters define the difference between the success and failure of any given recruitment. Ralph Andersen & Associates' search professionals are acknowledged leaders in the field and possess a broad range of skills and experience in the areas of localgovernment management, executive search, and related disciplines. Only senior members of Ralph Andersen & Associates are assigned to lead search assignments, ensuring that their broad experience and knowledge of the industry is brought to bear on our clients' behalf. The City of Fort Collins will have former Chief Greg Nelson as the Project Director on this engagement, Chief Nelson will have all the resources and full support of our firm fully dedicated to ensure the highest quality outcome during this important recruitment process. Chief Greg Nelson, Project Director Chief Greg Nelson, Senior Consultant, joined Ralph Andersen & Associates following a career of over 20 years in the public sector. Prior to ,oining Ralph Andersen & Associates, Chief Nelson served as Chief of Police for a Midwestern police department where he was known for his progressive and principled leadership. Under his tenure, the city enjoyed double-digit reductions in crime, while increasing employee engagement, citizen satisfaction (amongst the highest in a national survey), and made drastic improvements in the labor- management climate. He created public-private partnerships that allowed for superior levels of service during budget shortfalls, while enhancing relationships with stakeholders in the community. He is a graduate of both the FBI NationalAcademy and Northwestern Universitry's School of Police Staff and Command. Chief Nelson was the Project Director on the following public safety related recruitments: . .Police Carson Bishop, City, Califomia Nevada - Chief - Fire of Chief o Gilbert, Arizona - Police Chief o Hayward, Califomia - Chief of Police o .Police Marlinez, lndio, Califomia California - Chief - Chief of of Police .Police . . Tualatin, Mono Pacilic Bay, Grove, Oregon Califomia Califomia - Police - Chief - Chief Police of Chiel Chief Nelson has served on numerous executive boards covering allfacets of law enforcement, especially those of a multi-jurisdictional nature. He has worked extensively with human rights and diversity groups and community organizations. Additionally, he has provided expert testimony for state and local legislative bodies. PSA'Executive Recruiter - Police Chief Page 12 ol 17 Docusign Envelope lD: 08CC55F4-F6D6-405A-A579-648D467402D5 Chief Nelson holds a Master/s degree in Public Administration from the University of lllinois-Springfield with graduate certificates in both Public Sector Labor Relations and CriminalJustice Education. He is a member of the FBI National Academy Associates, the lnternational Association of Chiefs of Police and served on the executive board of the lllinois Association of Chiefs of Police. Paraprofessional and Support Staff Paraprofessional and Support Staff based in the Sacramento Office provide administrative support to the Search Team on recruitment assignments. These staff may include: Ms. Diana Haussmann, Ms. Brianna Ham, Mr. Jeff McMurdo, Ms. Rachel Adams, Ms. Christen Sanchez, Ms. Teresa Heple, Ms. Hannah Jones, Ms. Julie Wall, and Ms. Hillari Bynum. Search T6am Hill.ri Bynum Social Media & Crcalive Seryices Coordinalor (9r6)6@ @@.@ PSA - Executive Recruiter - Police Chief Page 13 of 17 a_1 DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-648D467402D5 Project Cost Total cost to the City of Fort Collins for professional services and expenses for a national search for the position of Chief of Police will be a revised fixed fee of S28,500* (AS PER PROFESSIONAL DISCOUNT LETTER DATED 5/15/17 FROM HEATHER RENSCHTER, PRESIDENT/CEO.} *Expenses included in this fixed fee include such items as advertising, brochures, consultant travel for meetings (up to 2 trlps to the City for the project kickoff and interviews), clerical, graphics, research, printing and binding, postage and delivery, verifications and lnternet and Lexis/Nexis searches on not more than the top two (2) candidates, and long-distance telephone and cellular charges. Verifications on more than the top two (2) candidates will be supplemental to this Proposal and will be at the discretion of the City Manager. The meeting to review the Search Report will be conducted remotely to contain travel expenses of the projed. Ralph Andersen & Associates will prepare a detailed Search Report in binder format and deliver it via Federal Express to the City of Fort Collins. Chief Nelson will conduct a conference call or Skype meeting with the City Manager to review the search report on the top candidates. Optional Services {Community Meeting) - Should the City choose to conduct the Optional Community Meeting, the cost would be an additional $2,250 per day plus expenses. Public announcements or advertisements to promote the Community Meeting would be handled and paid for by the City. NOTE: IF THE COMMUNITY MEETING IS HELD DURING THE SAME TWO.DAY TRIP AS THE SCHEDUTED PROJECT KICKOFF, NO ADDITIONAL COSTS WlLt BE INCURRED; AS PER PROFESSTONAT OTSCOUNT LETTER DATED 5/16/17 FROM HEATHER RENSCHLER, PRESIDENT/CEO. Optional Services (lnternet Surveyl - An internet survey and summarized results would be conducted at an additional cost of 52,500 which includes a comprehensive report of the results. Optional Services (Expanded Background Checks) - Should the City choose to conduct background checks beyond the top two candidates, the cost would be an additional 51,250 to S1,S00 per background depending on the complexity. Brochure - Due to the page limitation ofthe proposal specified in the RFP, please view the specific examples of public safety recruitment brochures for current projects can be seen at: raa.careers/public- safetv. Ralph Andersen & Associates will bill the City of Fort Collins in four installments as follows: . o Afler Upon the finalization closing date of brochure- - $7,125 $7,125 o After finalist interviews - $7,125 PSA' Executive Recruiter - Police Chiel Page 14 ol 17 OocuSign Envelope lD: 08CC55F4-F6D6-4054-4579-648D467402D5 . Upon placement - $7,125 Any consultant travel outside the scope of the contract will be billed to the City for actual expenses only. The City will be responsible for all candidate expenses related to on-site interviews and consultant travel for in-person screening interviews (if desiredl for selected finalist candidates. Excluded - Any supplemental background investigation beyond the scope ofthis proposal will be the responsibility of the City. The Colorado Peace Officer Standards and Training (POST) Board suggests background investigation components that agencies should consider performing, but does not establish requirements. Ralph Andersen & Associates' Guarantee Ralph Andersen & Associates offers the industry-standard guarantee on our full search services. lf within a twelve-month period after appointment the Chief of Police resigns or is dismissed for cause, we will conduct another search free of all charges for professional services. The City of Fort Collins would be expected to pay for the reimbursement of all incurred costs. PSA - Executive Recruiter - Police Chief Page 15 of 17 DocuSign Envelope lD: 08CC55F4,F6D6-405A-A579-648D467402D5 EXHIBIT B INSURANCE REQUIREMENTS 1 . The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under lhis bid, the Professional 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 reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." ln case ofthe breach ofany provision of the lnsurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. lnsurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under lhis 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 Professional 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 $1,000,000 combined single limits for bodily injury and property damage. ln the event any Work is performed by a subcontractor, the professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of 91,000,000. 2. PSA - Executive Recruiler, Police Chief Page 16 of 17 DocuSign Envelope lD: 08CC55F4-F6D6-405A A579-648D467402D5 EXHIBIT C CONFIDENTIALITY lN CONNECTION WITH SERVICES provided to the City of Fort Collins (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 con{ldential information and other sensitive materials. ln 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 ine City or its employees, customers or suppliers, which access is related to the performance of iervices that lhe 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 be 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 bisiness of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary io 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 tegiiimate need-to-know for purposes authorized by the City. Further, the Professional shall not usi 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 shall have no obligation under this Agreement with respect to information and material that (a) becomes gen-erally 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 re-quest for such disclosure is proper and the disclosure does not exceed that which is required. ln ihe 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. ln 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 hes 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. PSA - Execulive Recruiter - Police Chiel Page 17 oI 17 Docusign Envelope lD: 08cc55F4-F6D6-405A-A579,648D467402D5 do" CERTIFICATE OF LIABILITY INSURANCE rHls cERTlFlcaTE ls lssuEo as A MATTER or tltroarrr.qrot't otrLy lr.ro cor{FERs No RtcHTs upoN rge ceannc-FE :Sl]lfjctl_.-o95:l:-oLll||.l1Mlly:lY.-o3 _II_E_GIIYELY A!!rFr{D, ExlENo oR ALrER rHE covERAGE AFFoRDEo By rHE poLrcrEs REPRESEIITATIVE BELow. rHls cERrlFtcarE OR PROOUCER, oF rNsuRAlrcE AND THE CERTIFICATE DoEs r{or HOLDER. cor'rsnruie riorrucr BErwEEr.r rHE rssunc rxsuiiriiir,'ffif11".ffi;; SURED, tho poltcy(tos) must b€ endorsod. tt SUBnOGAT.IO tSMiVE6:;;6G;iG r€qulrc an sndorsemont. A 3tatemeat on thls certificato doos not conlor rights to th€ the torms and conalltlong ofths policy, ce.taln policlos may PRooucER (916) 387-6S00 (888) 250-8403 lce lnsurance Agency 813 F Slreet, 2nd Floor Sacramento, CA 95814 lllsuiEo Ralph Andersen & Associates '^"IR ":lll,'J:+I.,'jl iJgH gr rNDrcArED NorwrHsrANorNG Afly E:REourREMexr. ^o. renu oc coronrol oi-arii6-ri-iiil oi o.ii"ifi-oi'0ffiffv'H'i$;3i cERTlFrcArE MAY BE lssuEo oR MAY ;3'fi1,J-'T'r13 EXCLUSTONSAXD PERTATN. rxe rr'rsuamde iirohosb ei TH-E potroes oEscnrsio-xE-iE-rN is'iiidiitr ro eu. ltre remrs, CONDTTONS OF SUCH pOLrCrES. LrMrrS SHOWN MAy XlVr eie'.iAiOuceo sy pAro cLAtMs. G€NERAL LIABILITY ",r,rr,, * [** PHSD1179023 1 l t10t201 6 i 1 1 t1ot2017 aulosscHEouLEo ALL ,AWos,"ovvlEo .oor'* l L( T--l ] l fffJ 'o PHSD'1 179023 AND EMPIOYERS' (IAgIIITY $2,000,000 Aggregate DEscRlPIton oF opEiAno s / locAnoNs , vErrclEs tAn chacoiD tot. addrloDr n"**. S.r,.aur.Ii iiiilii O- city of Fort collins, its officers, agents and employees listed as additional insured City of Forl Collins PO Box 580 Forl Collins, CO 80522 Attn: Kelly DiMartino SHOJLO AXY OF THE ABOVE DESCRIAED POLICIES BE CAI{CELLEO BEFORE ACCORDANCE THE ExprRAno WI]II DArE THE POLOY THEREoF, PROVISIONS. r{orcE wLL Ei oEirvriEii ii AUDloieEO iEiiE3ENtArTVE .r( *tuvt t ACORD TloN. A ACORD 25 (2010t0s) The ACORO name and logo are regist€.ed marks of ACORD rights roserved. Docusign Envelope lD: 08CC55F4-F6D6'4054-4579-648D467402D5 POLICY NUMBER PHSDl 179023 Pr-BP-001 (9/05) BUSINESSOWNERS POLICY-ELITE ENHANCEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVEMGE FORM BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM It is understood and agreed that the following extensions only apply in the event that no other specific coveiage for the indicaied loss exposures are ,rovided under this policy. lf such specific coverage applies' G i"ii., conditions and limits olthat coverage are the sole and exclusive coverage applicable underthis policy. Throughout this endorsement the words 'you' and 'your refer to the Named lnsured shown in the Declaiations. The words 'we", 'us' and "out" refer to the Company providing this insurance. Part 1: Properw Covelaqe Enhancements: The following amendments are a part of the BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM: 1. lncreased Glass Limits Section A. Coverage, item 4.b. is replaced by: b. Wth respect to glass (other than glass building blocks) that is part of the interior of a building or structure, or piart of an outdoorlign, we will not pay more than $3,000 for the total of all loss or damage in any one occurrence This Limitation does not apply to loss or damage by the"specified causes of loss", except vandalism. 2. lncreased Fire Department Service Charge Section A. Coverage, item 5.c. is replaced by: c. Fire Department Service Charge \Nhen the fire department is call6d to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $3,ooo for your liability for lire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required bY local ordinance. 3. Reduced waiting Period and Longer Duration for Civil Authority Coverage Section A. Coverage, item 5 i is replaced by: i. Civil Authority Itie witr pay toithe actual loss of Business lncome you sustain and necessary Extra Expense ""r."0 6v ,aion ot civil authority that prohibits access to the described premises due.to direct pnvi;r rir"" ot o, oamage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. it" "or'"r"g" toiAusiness lncome will begin 4g hours after the time of that action and will apply for a [eriod of up to three consecutive weeks after coverage begins' Page 1 of 5 lncludes copyright materialofthe lnsurance Services Crffice, lnc used with ils permission' DocuSign Envelope lD: 08CC55F4-F6D6-405A,A579-648D167402D5 POLICY NUMBER PHSDl 179023 Pt-BP-001 (9/05) The coverage for necessary Extra Expense will begin immediately after the time of that action and ends: (1) 5 consecutive weeks after the time of that action; or (2) \Men your Business lncome coverage ends; whichever is later. The definitions of Business lncome and Extra Expense contained in the Business lncome and The Extra civirAuthority Expense Additionar Additionar coverages coverage arso is appry nbi iubject to thrs to civit ttr" Authority L-ir".i i"Aaditio;"rr"""-.. ;ia";;. --'-'"' 4. Broadened Personal property Coverage Section A. Coverage, item 1.b., the first paragraph is replaced by: b. .Personar property rocated in or on the buirdings at the described premises or in the open (or in a vehicle) within 1,250 feet of the described-premises, including: 5. lncreased limits for personal property Off premises Section A. Coverage, item 6.b. is replaced by: b. Personal property Off premises You may extend the insurance that appries to Business personar property to appry to Business covered personar property,. other than "money" and "securities'i, ',vatuabte b"p"o ,no you records" or accounts receivable, while it is in the cburse of tranrit oiterpor"iiiviiJii".i.". Extension do not is own, $10,000. tease or operate. The most we wi, pay f". t";;l;;;;; ,io'". tti. 6. lncreased limits for Outdoor property Section A. Coverage, item 6.c. is replaced by: c. Outdoor Property You may exlend the insu.rance.provided by this policy to apply to your outdoor fences, radio and television antennas (including satefiit; dishes), signs (other buirdings), trees. shrubs and pranis, incruding debiis rimovar expen.t6an "". ,g;At;;;i;'*' Lu."J'uy-- ,-""rrt,"g from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Exptosion; (4) Riot or Civil Commotion; or (5) Aircraft. The- most we will pay for loss or damage under this Extension is $5,OOO, but not more than $1,000 for any one tree, shrub or planti 7. Fire Extinguisher Recharge Section A. Coverage, item 6. Coverage Extensions will also include: You may extend the insurance provided by this coverage form lo cover expenses you incur to recharge,portabre fire extinguishers, dry chemicar, carb-on dioxide, or riquid automitic fii. enlngulshlng systems and the c-ost of resetting automatic fuel shut-off connections lf anv of the above are discharged to fight a fire or are disc-harged due to , ,e"t rn"airaiirr"ii""]"' "' "'' The most we will pay for loss or damage under this extension is $3,OOO. page 2 of 5 lnciudes copyright materiarofthe rnsurance services ofrice, rnc. used DocuSign Envelope lD: 08CC55F4-F6D6-405A-A579-648Dr67402D5 POLICY NUMBER PHSDl 179023 Pt-BP-00'l (9/05) No deductible shall apply to this coverage. 8. Business lncome Enhancement Section A. Coverage, item 5. Additional Coverages, section f. Business lncome is amended as follows: The reference to'60 days" as the limitation on payroll expenses is replaced by'365 days.' 9. Lock Replacement Section A. Coverage, item 6. Coverage Extensions will also include: You may extend the insurance provided by this coverage form to cover necessary expense to repair to replace elierior or interior door locks of a covered building: a) lf your door keys are stolen in a covered theft loss; or b) Vvhen your property is damaged and your door keys are stolen by the burglars. The most we will pay under this extension of $250 for any one occurrence. 10. Removal of Sewer Backup Exclusion Section B. Exclusions, item g(3) is amended to include: Backups of sewers will not be excluded, but the most we will pay for such losses is $500 in the policy period. Part 2: Liabilitv Coveraoe Enhancements: The following amendmenls are a part of the BUSINESSOWNERS LIABILITY COVERAGE FORM: l. Medical Payments lf Medical Payments Coverage (Coverage A.2.) is not otherwise excluded from lhis Coverage Part: The Medical Expense Limit is changed subject to allthe terms of Limits Of lnsurance (Section D) to the a. greater 910,of:000; or b. The Medical Expense Limit shown in the Declarations ofthis Coverage Part. 2. Supplementary Payments ln the Supplementary Payments - (Coverage A.1.d.): 1. The limit for lhe cost of bail bonds (item (2)) is changed from S250to$500; and 2. The limit for loss of earnings (item (4)) is changed from $250 a day to $500 a day. 3. Blanket Additional lnsureds Who is An lnsured (Section C) is amended to include the following, but only for liability arising out of the negligence of the Named lnsured: Each of the following is also an lnsured: a. any Contractor, including contracting governmental entities, who hires you as their subcontractor; b. any person or organization who has an ownership interest in you; c. any lessor of leased equipment, who rents equipment to you, but only with respect to liability arising out of the maintenance, operation, or use by you, provided however that this Page 3 of 5 lncludes copyright material ol the lnsurance SeNices Offce, lnc. used with its permission. DocuSign Envelope lD: 08CC55F4-F6D6-405A,A579-648D467402D5 POLICY NUMBER PHSDl 179023 Pt-BP-001 (9/05) item c. will not apply to (1) any occurrence which takes place after the equipment lease expires; nr(2)'Bodily lnjury" or "Property Damage'arising out ofthe negligence ofthe lessor or contractor engaged to operate the leased equipment; and d. any owner, mortgagor, lessor, landlord, condominium association or manager of a premises leased by you, but only for 'occurrences" that take place while you occupy the premises, provided however that this item d. will not apply to structural alterations, new construction, or demolition operations; and Wth regard to parties applicable under items a. through d. above, the lnsurer and the Named lnsured agree to waive rights of recovery, as provided within the policy. Nothing contained in this section C. shall serve to nullify matlers excluded under section B. of the policy. 4. Bodily lnjury - Mental Anguish The definition of "bodily injury" is changed to read: 'Bodily lniury': a. Means bodily iniury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time. 5. Lib6ralization lf we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as ofthe day the revision is effective in your state. 6. Employee lndemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS - COVERAGES A.1.d., the folowing is added: (8) we will pay on your beharf defense costs incurred by an'emproyee" in a o.iminar proceeding, provided, however that you must have a prior written agreement with such .employee,' whereby you agree to indemnify the 'employee" for such defense costs, and the agreement includes a provision for repayment of defense costs in the event of an adverse judlment. The most we will pay for any "employee" who is alleged to be direcfly involved in a irim-inal proceedang is 92,500 regardless of the number of employees, claims or ,,suits,, brought or persons or organizations making claims or bringing ,,suits.,' 7. Amendment of Aggregate Limit SECTION D.4. - Aggregate Limits, item B is replaced by: b. All other injury or damage, including medical expenses, arising from all "occunences,, during the policy period is three times the Liability and Medical Expenses limit. This timitation does not apply to "property damage" to premises while rented to you ortemporarily occupied by you with permission of the owner, arising out of fire or explosion. 8. Amendment to Watercraft Exclusion Part B- Exclusions, item g.(2)(a) is amended by the following: The phrase "less than 26 feet' is replaced by'less lhan 51 feet." Page 4 of 5 lncludes copyright materialofthe lnsurance SeNices Office, lnc. used with its permission. Docusign Envelope lD: 08CC55F4-F6D6-405A-A579-648D'167402D5 POLICY NUMBER PHSDI 179023 Pr-BP-001 (9/05) 1. Other provisions of the policy notwithstanding' this policy.will be primary for all losses covered herein' ' "rJiri" "-"i"^ce of ot'her insurance will noiserve to reduce our obligation' 2. you will have the right to waive our rights of recovery prior to a loss with respect to any party' This must be done in writing to affect our rights' Page 5 of 5 lncludes copyright material of the lnsurance Services Office' lnc' used with its permission' wilh its permission