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HomeMy WebLinkAboutRALPH ANDERSON & ASSOCIATES - CONTRACT - AGREEMENT MISC - RALPH ANDERSEN & ASSOCIATESPROFESSIONAL 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: 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 for Recruitment 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. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. Contract 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. 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Ralph Andersen & Associates Attn: Greg Nelson, Sr. Consultant 5800 Stanford Ranch Rd. Suite 410 Rocklin, CA 95765 greg@ralphandersen.com City of Fort Collins Attn: Kelly DiMartino PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the PSA - Executive Recruiter - Police Chief Page 1 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 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. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to 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 partial payments based upon the Professional's billings and itemized statements 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 acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. 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 “Instruments 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 license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments 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 Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 7. 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. PSA - Executive Recruiter - Police Chief Page 2 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 8. Monthly 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. 9. 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. 10. 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. 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 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 subcontractors 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). 11. Personal Services. It 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. 12. 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. PSA - Executive Recruiter - Police Chief Page 3 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 13. 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 fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. 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. 15. 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. 16. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the 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, 108th 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(5)(c) C.R.S. in order to confirm the employment eligibility 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 alien 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 PSA - Executive Recruiter - Police Chief Page 4 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts 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. If the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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 the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. 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. PSA - Executive Recruiter - Police Chief Page 5 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: RALPH ANDERSEN & ASSOCIATES By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: PSA - Executive Recruiter - Police Chief Page 6 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 5/19/2017 Heather Renschler President/CEO 5/22/2017 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 will deliver 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 Project Director. Task 1 – Review Project Management Approach The Project Director, 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 Project 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 Information The Project Director will meet with the City Manager, Mayor and City Council (if desired), Fort Collins management 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 of Police. These meetings will also help the Project Director gain an understanding of the work environment and the issues facing the City of Fort Collins. Recruitment Criteria The recruitment criteria are those personal and professional characteristics and experiences desired in the Chief of Police. The criteria should reflect the goals and priorities of the City. The Project Director will meet PSA - Executive Recruiter - Police Chief Page 7 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 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 recruitment 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 appropriate, 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 Director can conduct a public meeting as well as offer the ability to submit comments through an on-line survey instrument. Additionally, our process can allow for email comments to Ralph Andersen & Associates relative to the desired qualities in the next Chief of Police. Task 3 – Outreach and Recruiting This task is among the most important of the entire search. It is the focus of the activities of the Project Director and includes specific outreach and recruiting activities briefly described below. Outreach An accelerated outreach and advertising campaign will be developed. It will include the placement of ads in publications such as the International Association of Chiefs of Police, Colorado Association of Chiefs of Police, and other professional publications. Specific Internet sites related to government will be used as a method of extending the specific outreach in a short period of time. Additionally, the advertisement and the full text of the position profile (the recruitment brochure) will be placed on Ralph Andersen & Associates’ website, which is accessed by a large number of qualified candidates. This method of outreach to potential applicants provides a confidential source that is monitored by many key executives on an on-going basis. Candidate Identification Chief Nelson will use his extensive contacts to focus the recruiting effort. In making these contacts, the Project Director will target those individuals who meet the criteria set by the City. Each of the candidates identified through the recruiting efforts will be sent an information brochure. Candidates will also be contacted directly to discuss the position and to solicit their interest in being considered. Both the outreach and recruiting activities will result in applications and resumes from interested candidates. As they are received, resumes will be acknowledged and candidates will be advised of the general timing of the 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. It includes the following specific activities: Screening All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will include consideration 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 - Police Chief Page 8 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 Preliminary Research and Internet Review The research staff of Ralph Andersen & Associates, under the direction of the Project Director, will conduct preliminary research and internet 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 that is available on the internet. Preliminary Interviews 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 extensive and designed to gain additional information about the candidates’ experience, management style, and “fit” with the recruitment criteria. Interviews may be conducted in person or as needed using Skype or via telephone. No consultant travel for preliminary in-person interviews has been included in this Proposal. The screening portion of the candidate evaluation process will reduce a field of 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 Interest. 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 meeting 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 Project Director, will prepare an interview booklet that includes an executive candidate summary, resume, and candidate report (with interview comments, preliminary research, and other relevant information) for each candidate. In addition, the booklet will contain suggested questions and areas for discussion based upon the recruitment criteria. Copies of the interview booklet will be provided in advance of the 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 will verify any stated certifications PSA - Executive Recruiter - Police Chief Page 9 of 17 DocuSign Envelope ID: 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 background 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. Task 8 – Close Out 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 of the final candidates of the status of the search by telephone. PSA - Executive Recruiter - Police Chief Page 10 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 Project Schedule Typically, a search will be conducted within a 75 to 90-day period of time from the execution of the 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 will take 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 join the City). Month 1 Month 2 Month 3 Week Week Week 1 2 3 4 1 2 3 4 1 2 3 4 Search firm selected Consultant evaluates organization; position criteria established Candidates identified and screened Consultant interviews and conducts preliminary research Consultant recommends candidates; client selects finalists for interview Client-candidate interviews Preferred candidate selected; negotiations Selection Made *Timeframe for Chief of Police to transition to the City is dependent upon the selected candidate’s notification to his or her current employer. **Any background or any investigative background required by the State of Colorado for the Chief of Police will be the responsibility of the City of Fort Collins and may extend beyond this timeframe. PSA - Executive Recruiter - Police Chief Page 11 of 17 DocuSign Envelope ID: 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 local government 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 joining 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 National Academy and Northwestern University’s School of Police Staff and Command. Chief Nelson was the Project Director on the following public safety related recruitments: • Bishop, California – Chief of Police • Carson City, Nevada – Fire Chief • Gilbert, Arizona – Police Chief • Hayward, California – Chief of Police • Indio, California – Chief of Police • Martinez, California – Chief of Police • Morro Bay, California – Chief of Police • Pacific Grove, California – Police Chief • Tualatin, Oregon – Police Chief Chief Nelson has served on numerous executive boards covering all facets 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 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 Chief Nelson holds a Master’s degree in Public Administration from the University of Illinois-Springfield with graduate certificates in both Public Sector Labor Relations and Criminal Justice Education. He is a member of the FBI National Academy Associates, the International Association of Chiefs of Police and served on the executive board of the Illinois 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. Greg Nelson Project Director (916) 630-4900 (office) (775) 315-4954 (cell) greg@ralphandersen.com Search Team Diana Haussmann Senior Recruitment Coordinator (916) 630-4900 diana@ralphandersen.com Senior Recruiter Brianna Ham Manager of Research & Quality Control (916) 630-4900 brianna@ralphandersen.com Hillari Bynum Social Media & Creative Services Coordinator (916) 630-4900 hillari@ralphandersen.com Julie Wall Research Assistant (916) 630-4900 julie@ralphandersen.com Senior Recruiter Senior Recruiter Research Assistant Office Assistant Office Assistant Recruitment Coordinator Recruitment Coordinator Senior Contracts Coordinator PSA - Executive Recruiter - Police Chief Page 13 of 17 DocuSign Envelope ID: 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 $28,500* (AS PER PROFESSIONAL DISCOUNT LETTER DATED 5/16/17 FROM HEATHER RENSCHLER, PRESIDENT/CEO.) *Expenses included in this fixed fee include such items as advertising, brochures, consultant travel for meetings (up to 2 trips to the City for the project kickoff and interviews), clerical, graphics, research, printing and binding, postage and delivery, verifications and Internet 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 project. 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 SCHEDULED PROJECT KICKOFF, NO ADDITIONAL COSTS WILL BE INCURRED; AS PER PROFESSIONAL DISCOUNT LETTER DATED 5/16/17 FROM HEATHER RENSCHLER, PRESIDENT/CEO. Optional Services (Internet Survey) – An internet survey and summarized results would be conducted at an additional cost of $2,500 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 $1,250 to $1,500 per background depending on the complexity. Brochure – Due to the page limitation of the 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- safety. Ralph Andersen & Associates will bill the City of Fort Collins in four installments as follows: • Upon finalization of brochure– $7,125 • After the closing date – $7,125 • After finalist interviews – $7,125 PSA - Executive Recruiter - Police Chief Page 14 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 • 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 desired) for selected finalist candidates. Excluded – Any supplemental background investigation beyond the scope of this 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. If 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 ID: 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 this 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.” 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 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. 2. Insurance 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 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 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. In 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 $1,000,000. PSA - Executive Recruiter - Police Chief Page 16 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 EXHIBIT C CONFIDENTIALITY IN 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 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 the 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 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 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 shall 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. PSA - Executive Recruiter - Police Chief Page 17 of 17 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 PI-BP-001 (9/05) Page 1 of 5 Includes copyright material of the Insurance Services Office, Inc. used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY-ELITE ENHANCEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we”, “us” and “our” refer to the Company providing this insurance. Part 1: Property Coverage Enhancements: The following amendments are a part of the BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM: 1. Increased Glass Limits Section A. Coverage, item 4.b. is replaced by: b. With respect to glass (other than glass building blocks) that is part of the interior of a building or structure, or part of an outdoor sign, 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. Increased Fire Department Service Charge Section A. Coverage, item 5.c. is replaced by: c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $3,000 for your liability for fire 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 We will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. The coverage for Business Income will begin 48 hours after the time of that action and will apply for a period of up to three consecutive weeks after coverage begins. POLICY NUMBER PHSD1179023 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 PI-BP-001 (9/05) Page 2 of 5 Includes copyright material of the Insurance Services Office, Inc. used with its permission. 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) When your Business Income coverage ends; whichever is later. The definitions of Business Income and Extra Expense contained in the Business Income and Extra Expense Additional Coverages also apply to this Civil Authority Additional Coverage. The Civil Authority Additional Coverage is not subject to the Limits of Insurance. 4. Broadened Personal Property Coverage Section A. Coverage, item 1.b., the first paragraph is replaced by: b. Personal Property located in or on the buildings at the described premises or in the open (or in a vehicle) within 1,250 feet of the described premises, including: 5. Increased 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 applies to Business Personal Property to apply to covered Business Personal Property, other than "money" and "securities", "valuable papers and records" or accounts receivable, while it is in the course of transit or temporarily at a premises you do not own, lease or operate. The most we will pay for loss or damage under this Extension is $10,000. 6. Increased limits for Outdoor Property Section A. Coverage, item 6.c. is replaced by: c. Outdoor Property You may extend the insurance provided by this policy to apply to your outdoor fences, radio and television antennas (including satellite dishes), signs (other than signs attached to buildings), trees, shrubs and plants, including debris removal expense, caused by or resulting from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is $5,000, but not more than $1,000 for any one tree, shrub or plant. 7. Fire Extinguisher Recharge Section A. Coverage, item 6. Coverage Extensions will also include: You may extend the insurance provided by this coverage form to cover expenses you incur to recharge portable fire extinguishers, dry chemical, carbon dioxide, or liquid automatic fire extinguishing systems and the cost of resetting automatic fuel shut-off connections, if any of the above are discharged to fight a fire or are discharged due to a mechanical malfunction. The most we will pay for loss or damage under this extension is $3,000. POLICY NUMBER PHSD1179023 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 PI-BP-001 (9/05) Page 3 of 5 Includes copyright material of the Insurance Services Office, Inc. used with its permission. No deductible shall apply to this coverage. 8. Business Income Enhancement Section A. Coverage, item 5. Additional Coverages, section f. Business Income 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 exterior or interior door locks of a covered building: a) If your door keys are stolen in a covered theft loss; or b) When 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: Liability Coverage Enhancements: The following amendments are a part of the BUSINESSOWNERS LIABILITY COVERAGE FORM: 11.. MMeeddiiccaal l PPaayymmeenntt ss If Medical Payments Coverage (Coverage A.2.) is not otherwise excluded from this Coverage Part: The Medical Expense Limit is changed subject to all the terms of Limits Of Insurance (Section D) to the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. Supplementary Payments In the Supplementary Payments – (Coverage A.1.d.): 1. The limit for the cost of bail bonds (item (2)) is changed from $250 to $500; and 2. The limit for loss of earnings (item (4)) is changed from $250 a day to $500 a day. 3. Blanket Additional Insureds Who is An Insured (Section C) is amended to include the following, but only for liability arising out of the negligence of the Named Insured: Each of the following is also an Insured: 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 POLICY NUMBER PHSD1179023 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 PI-BP-001 (9/05) Page 4 of 5 Includes copyright material of the Insurance Services Office, Inc. used with its permission. item c. will not apply to (1) any occurrence which takes place after the equipment lease expires; nr (2) “Bodily Injury” or “Property Damage” arising out of the negligence of the 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 With regard to parties applicable under items a. through d. above, the Insurer and the Named Insured agree to waive rights of recovery, as provided within the policy. Nothing contained in this section C. shall serve to nullify matters excluded under section B. of the policy. 4. Bodily Injury - Mental Anguish The definition of “bodily injury” is changed to read: “Bodily Injury”: a. Means bodily injury, 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. 55.. LLiibbeerraal liizzaattiioonn If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. 6. Employee Indemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS – COVERAGES A.1.d., the following is added: (8) We will pay on your behalf defense costs incurred by an “employee” in a criminal 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 judgment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $2,500 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 "occurrences" during the policy period is three times the Liability and Medical Expenses limit. This limitation does not apply to "property damage" to premises while rented to you or temporarily 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 than 51 feet.” POLICY NUMBER PHSD1179023 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5 PI-BP-001 (9/05) Page 5 of 5 Includes copyright material of the Insurance Services Office, Inc. used with its permission. Part 3: Amendment of Conditions: 1. Other provisions of the policy notwithstanding, this policy will be primary for all losses covered herein, and the existence of other insurance will not serve 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. POLICY NUMBER PHSD1179023 DocuSign Envelope ID: 08CC55F4-F6D6-405A-A579-648D467402D5