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HomeMy WebLinkAboutC11-271 ADK Consulting Agreement ADK AN EXECUTIVE SEARCH Specializing Exclusively in Airports P0. Box 330906 • Atlantic Beach. Fl... 32233 • 904- 536 -8102 • adhconsulting@msn.com PROPOSAL / AGREEMENT Between ADK CONSULTING, INC. dba ADK EXECUTIVE SEARCH And EAGLE COUNTY AIRPORT Executive Search for Airport Director Background Eagle County (County), on behalf of the Eagle County Airport (EGE), and has requested that ADK Consulting, Inc. dba ADK Executive Search (ADK) assist them in the search for a new Airport Director. Search Process ADK starts by working closely with the County to gain a thorough understanding of the position and EGE. Our goal is to find the best possible fit for EGE and achieve a long- term successful placement. Your active participation is paramount to a successful executive search and we always keep you informed throughout the various steps of the Search Process. Phase 1: Search Startup Job Description and Position Summary We meet with you in- person or by phone to start development of the Position Summary to collectively determine the specifics of what you are looking for in your new Director. This is the point where you express your priorities for the position. What are the "hot buttons" and exceptional qualities that we would like him or her to have? What experience level is desired as well as education /training and accreditation requirements? What are the key issues your new Director will face? c1(,Z 1 Fine Tuning the Benchmark We develop a target profile for the ideal candidate through our Job Analysis Survey'" (by Profiles international® }. This survey is designed to further identify key activities and behavior traits necessary for a successful Director. Over the years, ADK, with the personal assistance of Profiles International®, has developed a baseline for successful, productive Directors, as well as other senior management level airport positions. Combining the results of our Client's surveys, the baseline is further enhanced to become the benchmark for the target Performance Model. This enables us to assess each potential candidate's skill sets (core competencies), behavior traits, leadership skills, interests and desired strengths that best fit your expectations, culture and the working environment. Dedicated Email We will set up a dedicated email for candidate submittals and correspondence for the position (EGE@adkexecutivesearch.com). This will be listed in all advertising, linked in all web advertising, and referenced in any electronic communications. Recruitment Ads We develop recruiting ads for airport industry print and web media that point potential candidates to our effective, and unique, online brochure. Placing industry specific advertising with detailed requirements and preferences for the position starts the screening process. Recruitment Brochure We design and develop a simple, attractive and informative recruitment brochure for placement on our website: www.adkexecutivesearch.com. This brochure allows interested persons to learn about the Eagle community, EGE, and the qualifications /skill sets you are looking for in an exceptional candidate. Our online brochure includes instructions for applying and asks specific questions to be addressed in the submission that require a working knowledge of the position being filled. This serves the purpose of limiting submissions from unqualified applicants and gives us our first look at a candidate's written communication skills and assists in our initial screening. Post Advertisements We post recruiting ads in airport industry print/web media and post the recruiting brochure on our ADK website. This attracts people who are already looking for a move. Sometimes these ads reach potentially good candidates by word of mouth. Although selected industry specific advertising attracts a large pool of candidates, many of the most talented candidates often come from our direct contacts and targeted outreach to industry professionals who are not attentive to typical industry advertising. 2 ADK Network During the ad posting period, ADK contacts its extensive network for referrals. Often, many of the best candidates are not actively looking for a job. We are able to identify potential candidates that we know or someone in our network knows and who would be a good fit for the position. Our role is to make this position known to them and to cultivate an interest. In addition to our many direct telephone contacts, we electronically contact nearly 4000 airport management level people in our database. Phase 2: Initial Screening Resume Review Utilizing our targeted Weighted Requirements Analysis (WRA), we review answers to the initial questions and all resumes in- depth, creating an Excel spreadsheet for comparison of the candidates and to match against the expectations developed in the startup phase. We understand the industry and know the career path, education, and experience necessary to be a qualified candidate for this position. Our WRA is based on our knowledge of the industry and from the specific preferences that EGE will help develop. Deliverables Using the WRA, answers to initial questions asked in the job posting, and Initial Telephone Interviews, the Excel spreadsheet is updated and delivered with recommendations of the most qualified candidates to move to the next level. Phase 3: Final Screening Personality Assessments At this point, we administer two (2) assessments to the remaining candidates. These assessments are especially designed for Director level positions. They measure the "Total Person ", an extremely important feature in finding the "best fit" for this position. The ProflleXTTM ProfileXTTm, administered online, is one of the primary assessments from Profiles International®. This company provides a comprehensive array of employee assessment tools used to select the best candidates. Profiles International® assessments are used in over 122 countries by large, well -known companies (Le. Hilton Hotels Corporation, Virgin Airways, American Cancer Society, Coca -Cola Bottling, Cigna Healthcare, Wells Fargo, and Kellogg's). We measure the three most significant dimensions of human beings: 1. Thinking and Reasoning Essential to knowing how quickly and easily a potential candidate absorbs /understands new information and complex ideas. 3 2. Behavioral Traits Top performers in any position will have some behavior traits in common while some are specific to successful airport management. 3. Occupational Interests People perform much better when they are interested in the work they are assigned and find it challenging at a motivational level. The assessment results are measured against the "ideal candidate profile" which has been established, with EGE input, as our benchmark in Phase 1 using the Job Analysis Survey T" and ADK's proprietary personality database of known successful Directors. Personal Concept"' The D.I.S.C. personality report profiles four primary behavioral styles, each with a very distinct and predictable pattern of observable behavior. Applied in corporate and business situations, the D.I.S.C. inventory can lead to professional and personal insights. The results of the online D.I.S.C. profile report are designed to provide additional targeted insights and strategies for understanding what motivates people and how effectively they deal with others. In- Depth Telephone Interviews Through a series of "vetted" questions developed by ADK, these extensive interviews are aimed at obtaining a better understanding of each candidate's depth of knowledge in the industry, the personality of each of the candidates, and their enthusiasm for this most important position with EGE. Reference Checks Telephone calls to at least five professional references give us a great deal of information about the candidates. Most often the candidate has a good working relationship with the named reference. Frequently, we know the references or the references lead to additional references that we know. We follow up these leads if the situation warrants it. We look for consistency in remarks, and gain insight into how the person is perceived by others. Often, the reference makes a comment that gives insight into something that would not be known through interviews of the candidate. Some comments reinforce a "hunch ". In person Interviews (Optional) Our experience has shown that meeting a candidate in person provides great insight into the candidate's social skills, presence and demeanor. If appropriate, we visit them at their current airport to witness their interpersonal relationship skills with their staff and various levels of airport employees. We are able to view their current work environment and how it would relate to the position we are engaged to fill. This valuable step takes away the element of surprise for everyone. 4 Deliverables Summary reports are created for your concurrence of the top 3 -4 most qualified candidates for final interview. They are derived from the Weighted Requirements Analysis of resume information, responses to the initial questions, responses to in- depth telephone interviews, Profile XTT"" assessment reports, Personal ConceptTM assessments, the reference checks, and EGE input. Phase 4: Final Interview Support Final Interviews are to be conducted by the County. We will provide a recommended Final Interview Questionnaire to be used as the County sees fit. Background Checks • For clarification, ADK performs reference checks on the finalists to insure that what has been stated by a candidate has traceability to the truth. Many airports, in searches like this, perform their own background checks through its policing agency. We have been asked to perform criminal /credit/education /motor vehicle background checks on many occasions, and if you desire that ADK perform these checks, a quote is provided in the cost proposal. This work is accomplished through our third -party vendor. Regardless of who does the checks, we highly recommend that these checks be accomplished prior to final interviews. Cost Proposal The professional fee for this work scope rendered by ADK is fixed -price at $23,000.00 and paid as follows: Installment 1 of $8,000.00 is due within 15 days of contract signing. Installment 2 of $8,000.00 is due within 60 days of contract signing. Installment 3 of $7,000.00 is due upon contract completion. The compensation for performance of the services described herein shall not exceed twenty three thousand dollars ($23,000) without a signed amendment to this agreement. While ADK has not been requested to perform in- person field interviews, the County may decide at a later date to ask for these services. If requested, pricing will be quoted based on the number of in- person interviews to be performed. ADK would not perform in- person interviews on candidates already known to them. ADK has not been requested to travel for this search. However, if requested at a later date (in- person interviews, for example), County will be responsible for any reasonable and customary incidental expenses for travel, lodging, meals, etc. related to visits to Eagle, or other approved travel, as requested by County. ADK travels by coach class and stays in moderately priced hotels (Hampton Inn, Marriott Courtyard, etc.). If ADK is requested by County to provide criminal /credit/education /motor vehicle background checks, the fee will be $300.00 per candidate. We recommend that background checks be completed prior to final interviews, regardless of who performs 5 the checks. Many airports prefer to use our services rather than their own policing agency to maintain confidentiality for the candidates. Assessment fees and miscellaneous expenses (phone, postage, copies, and fax) are included in the professional fees above and will not be separately billed. Other expenses not mentioned above are considered over and above (overnight shipping, formal background checks, candidate expense reimbursements, e.g.), are not included in the estimates above, and will be billed only if the service is requested by the County. ADK does not charge an additional "overhead" fee in addition to the professional service fee above. All expenses will be billed on a monthly basis. Failure by ADK to obtain written authorization and acknowledgement by County for any additional services or expenses shall result in non - payment for any such additional services, expenses or work performed. Except as otherwise agreed in writing by ADK and County, all additional services shall be subject to the terms and conditions of this Agreement. Local Government Budget Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after, December 31, 2011 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Schedule Upon execution of this Agreement or notice to proceed, a timeline will be provided by ADK to allow the County to monitor /plan for the various elements of this process. ADK agrees to furnish the services to be provided hereunder in a timely and expeditious manner consistent with the applicable professional standard of care. It is anticipated that this search should be completed in an approximate 3% month timeframe from notice to proceed. Communication Ms. Lisa Ponder is the designated contact for the County. All communications will be handled by electronic mail and /or telephone, as far as practicable. All communications to ADK will be through Ms. Annell Kuelpman, Vice- President, with Mr. Douglas Kuelpman, President, as backup. Insurance ADK hereby certifies that it possesses a business liability policy with The Hartford and a professional services liability policy with the Philadelphia insurance Companies. ADK will provide evidence of insurance to the County upon request. 6 Contract Completion For purposes of this Agreement, contract completion means that ADK has provided all of the deliverables to County under Phase 3: Deliverables.and the final billing will be accepted and approved for payment by the County. If the County is not able to select a finalist or come to terms with one, ADK will continue to work with the County until the process has produced a new Airport Director for no additional fee. Protection 1 Confidentiality ADK operates exclusively for its clients with the intent of being called upon for future searches at the senior level of management or to provide consultancy services, such as succession planning or team building. We will not actively recruit any individual we have placed with our clients for another vacancy. ADK strongly supports maintaining full confidentiality of all candidates until a final selection is made. Executive -level personnel should not have to compromise their current employment status when seeking a potential career change. This has the downside of putting candidates into a compromising and awkward position with their current employer as well as potentially jeopardizing their continued employment. That being said, ADK will support local policy and interpretation as it relates to the Freedom of information Act and public record requests made under it. Indemnification ADK shall indemnify and hold harmless the County, EGE, and its employees, associates, and representatives from any and all liabilities, costs or damages (including reasonable attorneys' fees) that may arise from any action or inaction of its employees, associates, and representatives in connection with the performance of the services outlined herein, except for such liabilities, costs or damages which are due to the gross negligence or willful or intentional misconduct of the County and its employees, associates, and representatives. Termination Both parties retain the right to terminate this Agreement at any time with 30 days prior written notice. Upon termination notice, ADK will cease work and provide documentation of work completed to date of termination. ADK will be compensated for all activity (professional fees) and expenses that have been obligated at the date of termination per the terms of this Agreement, on a pro -rata basis. Ownership of Documents. All documents prepared by ADK or ADK's subcontractor in connection with ADK's performance under this Agreement shall become the property of County and ADK or ADK's subcontractor shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for ADK (including any employee or subcontractor in connection with the performance of the 7 Services and Additional Services under this Agreement). Notices. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or (ii) two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or (iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. County: Eagle County Government Attention: Lisa Ponder 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970- 328 -8790 Facsimile: 970-328-8799 E -mail: lisa.ponder a('7.eaolecountv.us ADK: ADK Executive Search Attention: Douglas R. Kuelpman Post Office Box 330906 Atlantic Beach, FL 32233 Telephone: 904 - 536 -8102 E -mail: adkconsultina@msn.com Venue and Jurisdiction. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. 8 Prohibitions on Government Contracts. If ADK has any employees or subcontractors, ADK shall comply with C.R.S. § 8 -17.5- 101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, ADK certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that ADK will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services or Additional Services under this Contract. A. ADK shall not: (1) Knowingly employ or contract with an illegal alien to perform Services or Additional Services under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to ADK that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. ADK has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services or Additional Services under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: ht tp:// www ,dhs.gov /xprevprotlprograms /qc 1185221678150.shtm C. ADK shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If ADK obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, ADK shall be required to: (i) Notify the subcontractor and County within three days that ADK has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that ADK 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. ADK shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the 9 department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). F. If ADK violates these prohibitions, County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, ADK shall be liable for actual and consequential damages to County as required by law. G. County will notify the office of the Colorado Secretary of State if ADK violates this provision of this Contract and ECHDA terminates the Contract for such breach. Agreed v Signature Keith Montag, Co Ma nager Eagle County 0 n ,k0 M rxM e a /i 1 Douglas R. Kuelpm n , President Date ADK Consulting, Inc. dba ADK Executive Search 10