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HomeMy WebLinkAboutC17-031 ADK Executive SearchADKExEcuuvE SEARCH Specializing Exclusively in Airports PO, Box 3309016 ■ Afian.tic Beach, NL 32233 ■ 904-536-8102 ■ a.dhconsulti.ngP_ msn..com VAI LIEAGLE COUNTY AIRPORT EXECUTIVE SEARCH SERVICES AGREEMENT Services This Executive Search Services Agreement (hereinafter referred to as "Agreement"), is made and entered into this 20th _ day of january, 2017 between Eagle County, a public body under the laws of the State of Colorado (hereinafter referred to as "Client"), and ADK Consulting, Inc., incorporated in the State of Florida, and authorized to conduct business throughout the United States (hereinafter referred to as "Consultant"), and collectively hereinafter referred to as the "Parties". Consultant agrees to provide executive search services to Client in accordance with Consultant's HR Assist proposal as shown in Exhibit A to this Agreement (hereinafter referred to as "Proposal"), and other services that may be requested from time to time and agreed upon by the Parties. Compensation As compensation for the services provided herein as described in the Proposal, Client agrees to pay to Consultant a professional fee of $ 16,900.00 plus any options Client may request as defined in the Proposal, such as recorded video snippets. Said professional fee will include all professional fees, out-of-pocket office expenses, labor, materials, and other associated services. Travel to Client's location is not anticipated in this Agreement. Invoicing and payment would be due after contract completion. Other expenses not mentioned in the Proposal and not included in the fee are considered over and above (overnight shipping, reproduction of documents for Client review, e.g.) and will be billed only if the service is requested by Client. Contract Completion For purposes of this Agreement, contract completion means Consultant has fulfilled its requirements of the Proposal at the completion of Phase 2. Insurance Consultant hereby certifies that it possesses a commercial liability policy with The Hartford, a professional services liability policy with the Philadelphia Insurance Companies and appropriate Worker's Compensation Insurance. Consultant will provide evidence of insurance to Client upon request. C 17-031 Principal Consultant Consultant has designated Annell Kuelpman, Senior Vice President, as Consultant's Principal Search Manager, who shall have the authority to act on behalf of Consultant. Client has the right to approve any proposed replacement of the Principal Search Manager. Indemnification Consultant shall indemnify and hold harmless the Client, and its employees, associates, and representatives against any losses, claims, liabilities, or damages for which the Client may become subject to insofar as any such losses, claims, liabilities, or damages arise out of, directly or indirectly, this Agreement or are based upon any performance or nonperformance by Consultant or any of its subcontractors hereunder and Consultant shall reimburse Client for reasonable attorney fees and costs, legal and other expenses incurred by Client in connection with investigating or defending such loss, claim, liability, damage or action. This indemnification shall not apply to claims by third parties against the Client to the extent that Client is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. Termination Both parties retain the right to terminate this Agreement at any time with 30 days prior written notice. Upon termination notice, Consultant will cease work and provide documentation of work completed to date of termination. Consultant 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 Consultant or Consultant's subcontractor in connection with Consultant's performance under this Agreement shall become the property of Client, and Consultant or Consultant's subcontractor shall execute written assignments to Client of all rights (including common law, statutory, and other rights, including copyrights) to the same as Client 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 Consultant (including any employee or subcontractor in connection with the performance of the Services and Additional Services under this Agreement). Other Contract Requirements and Consultant Representations. Consultant has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. Consultant will make, or cause to be made, examinations, investigations, and tests as he deems necessary forth e performance of the Services. To the extent possible, Consultant has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. To the extent possible, Consultant has given Client written notice of all conflicts, errors, or discrepancies. Consultant shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the Client has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Consultant shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of Client. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between Client and Consultant except that of independent contractor. Consultant shall have no authority to bind Client. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. Consultant shall not assign any portion of this Agreement without the prior written consent of the Client. Any attempt to assign this Agreement without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The signatories to this Agreement aver to their knowledge no employee of the Client has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. Prohibitions on Government Contracts As used in this Section, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, 3 et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Consultant 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 under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement 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: http:/lwww.dhs.gov/xprevprot/programs/qc 1185221678150.shtm C. Consultant 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 Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Consultant shall be required to: i. Notify the subcontractor and Client within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, Client may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to Client as required by law. g. Client will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and Client terminates the Agreement for such breach. Applicable Law and Venue This Agreement will be construed in accordance with the laws of the State of Colorado. 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. 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 4 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. Client: Eagle County Attention: Jacci McKenna P.O. Box 850 Eagle, CO 81631 Telephone: (970)328-8796 i asci. m ckenn aCD eagl ecou nty. us Agreed Signature Brent McFall, County Manager Eagle County o�ouglad �e��c<elp0�ca,�c� Signature Douglas R Kuelpman, President ADK Consulting, Inc. Consultant: ADK Consulting, Inc. P.O. Box 330906 Atlantic Beach, FL 32233 Telephone: (904) 536-8102 d oug CcD a d kexe cu t ives ea rch . co m 01/20/2017 Date 01/19/2017 Date 61 EXHIBIT A 711"k CONSULTING& EXECUTIVE SEARCH _ j .Sprcializing L•rdusi�eiy in Air�mrrs ,� -- T MIMM aM Executive Search Services fo r Director of Aviation Eagle County December 27, 2016 ADK Consulting & Executive Search PO Box 330906 Atlantic Beach, FL 32233 Phone: 904-536-8102 Email: doug@adkexecutivesearch.com ADKEXECUTIVE SEARCH Specializing Exclusively in Airports P.O. Box 330906 • Atlantic Beach, FL 32233 • 904-536-8102 ■ adkconsulting@msn.com HR ASSIST PROPOSAL for the Eagle County Director of Aviation December 27, 2016 Why HR Assist? Our clients are our reason for our existence. When our clients express a need, we listen. That why we developed HR Assist. We wanted to respond to those airports that fit into at least one of the following categories: • A Human Resources department that has dedicated recruiters who are used to doing various elements of a search such as initial and final interviews in their normal course of business, but do not have the broad base referral network or resources to recruit passive candidates for high level airport recruitments. In other words, broad spectrum outreach. That is what we do! • An "HR Department of One" that is everything to everybody and does not have the time to add a unique and/or critically important search to their already busy schedule. • Airports, or their governing bodies, that do not have a budget for a full service search but understand the need and have a desire to develop a quality candidate pool. • A Human Resources department of any size that is understaffed to handle various recruitment and screening processes at the high level that we do at AD K. Our Search Process We collaborate with and successfully work with you to advise, guide, and otherwise assist as needed to help fill your pending vacancy. We believe that every position at the airport is important and deserves to be filled by the best candidate possible, because talented employees are the future of the airport. AD starts by working closely with you to gain a thorough understanding of the Position and the ideal skills sought fora successful hire. Our goal is to find the best possible fit for the airport and achieve a long-term successful placement. Phase 1: Search Startu 1.1 Job Description and Position Summary We conference with you to better understand the Job Description for a new Director of Aviation, collectively determine the specifics of what you are looking for in your vacant Position and develop the Position Summary for the brochure. This is the point where you express your priorities for the Position. What are the "hot buttons" and exceptional qualities that you want to see in your candidates for this Position? Is succession planning a part of the search? What experience level is desired as well as education/training and accreditation requirements? What are the key issues your new hire will face? 1.2 Dedicated Email We set up a dedicated email for candidate submittals and candidate correspondence for the position at EGE@adkexecutivesearch.com. This email address will be listed in all advertising, linked in all web advertising, and referenced in any electronic communications. 1.3 Recruitment Brochure Outstanding brochures are synonymous with ADK. They allow interested candidates to learn about the surrounding community, the airport, and the Position Profiles discussed above that establishes what is being sought in your ideal candidates. It will be modified / updated forthe new position being filled. This brochure will be placed under our "Current Searches" tab on our ADK website at www.adkexecutivesearch.com. 1.4 Post Advertisements We post recruiting ads in AAAE, ACI, and local /state associations (if applicable), which are included in our proposal fee. Other industry specific locations may be included depending on the position and in consultation with you and billed at cost. Ads attract 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 recruiting to industry professionals who are not attentive to typical industry advertising. Placing industry specific advertising with detailed requirements and preferences for the position starts the screening process. All of our searches are placed on our website and company Linkedln page with links to the recruitment brochure. 1.5 ADI{ Network This is the best part of HR Assist. Because our ADK Team has been in the airport industry for a long time {collectively over 180 years!} and we attend a long list of airport industry conferences across the country annually, we know many people throughout the airport industry and they know us. No one has the extensive network that ADK has built over the past 13 years in the airport industry. Often, many of the best candidates are happy at their current job and are not actively looking for a new position. during the ad posting period, ADK contacts its extensive network for referrals that we have all over the country. We are able to identify potential candidates that we know, or someone in our network knows, and who would be a good fit forthe position. Our role is to make this position known to them and to cultivate an interest in the position as well as the airport. In addition to our many direct telephone contacts, we electronically contact over 12,000 aviation professionals in our database with our industry leading e -newsletter. Our goal is to make the opportunity known throughout the airport industry. We believe that the quality of the final list of candidates is dependent on the quality of the initial candidate pool. 2 Phase 2: Screening For our HR Assist searches, the screening process will be accomplished by both ADK and you, our Client. ADK Screening 2.1 Resume Review Utilizing our targeted Weighted Requirements Analysis (WRA), we review all submissions in-depth, and match against the expectations developed in Phase 1. 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 the specific preferences that you will help develop in Phase 1. 2.2 Questionnaire Selected candidates will be asked to respond to targeted questions at this point. These supplemental responses give us: additional insight into the candidates; how they think; an example of their written communication skills; and more information than is typically found in a resume. 2.3 Personality Assessment The same selected candidates will be given a personality assessment. This assessment will be benchmarked for the position being filled that will help assist in finding the "best fit" forthis position. ADK has certified assessors for a variety of assessments. We will discuss these with you to determine the best assessment to meet your needs for the position being filled. 2.4 ADK Deliverables Our "ADK Talent Tracker" spreadsheet of all of the initial candidates is provided to you with ADK's recommendation of the top candidates. We use the WRA, resume submittal, answers to questions, and the assessment to develop this list. We will conference with you to discuss the candidates and concur on top candidates to move forward in the process. We can also provide recommended telephone or video interview questions, if requested by you, at no additional charge. A "Confidential Client Folder" will be provided in a Dropbox file foryour use. Dropbox is a cloud storage server we use for all Client accessible information. At this stage in the process, ADK will notify all candidates of their status and expected next steps. Client Screening 2.5 interviews We will provide our recommendations for candidates to move forward and you will perform initial telephone orvideo interviews with the candidates you select. 2.6 Reference Checks You will perform reference checks on the candidates you choose. If desired, ADK will provide our ADK Proven Guidelines for conducting and maximizing information about candidates through reference checks. 3 2.7 Client Deliverables You will develop a final list of candidates (we suggest 3-4) as a result of your evaluation of the materials supplied by ADK and the results of your interviews and reference checks. At this time, you will notify candidates of their status. 2.8 Joint Deliverables ADK will be available to discuss the results of the screening processes with you to assist in determining the candidates you wish to invite to finals. ADK can provide suggested final interview questions to you for the interview panel, if needed. Phase 3: Client Final Interviews and Selection 3.1 Background / Social Media Checks Background checks and social/media checks are an important part of a search process. We recommend that you perform these checks on the final list. 3.2 Final Interviews You will conduct your final interviews and conduct negotiations with your selected candidate. You will also notify candidates of their status. Timeline Upon execution of an Agreement and/or Notice to Proceed, and after the first consultation between you and ADK in Section 1.1 above, a firm timetable will be provided byADKforthe various phases of the Scope of Work. The search schedule does have variables, including the time required to acquire information necessary to develop a recruitment brochure with your assistance, the process for Client to confirm and approve the recommended candidates, the establishment of the final interview dates, and the actual interview process itself. Holidays, vacations, and aviation conference schedules need to be considered as well. A potential timetable is shown below. If additional flexibility is required, ADKwiII work with you to develop appropriate changes. Phase 1 ADK Search Startup / Posting / Candidate Pool Development 5 weeks Phase 2 ADK Screening 2 weeks Phase 2 Client Screening (estimated) 2 weeks Phase 3 Final Interviews: Notification /travel planning and interviews 2 weeks Candidate notice to employer and relocation 3-5 weeks on average Contract Completion For contractual purposes, this contact is completed at the end of Phase 2.4. 4 Pricing Our professional fee is fixed price for the services listed above: 0 1St HR Assist search: $15,900 ❑ 2'd HR Assist sea rch: $15,500 contracted within 1 year of previous non -modified HR Assist search. There are no additional expenses anticipated for an HR Assist search unless there is travel to client's location at client's request or Client chooses optional services discussed below. The fixed-price will be paid as follows: Installment 1: 50% of the total fixed-price fee within 30 days from contract signing. Installment 2: 6a lance of the total fixed-price fee upon contract completion at the end of Phase 2.4. Miscellaneous expenses (phone, postage, office copies, and fax transmissions) are included in the professional fees above and will not be separately billed. Other expenses not mentioned above and not included in the expense are considered over and above {overnight shipping, reproduction of documents, e.g.} and will be billed only if the service is requested by Client. For example, all deliverables from ADK to Client are sent via electronic mail {Dropbox or email}, If resume submissions and responses to questions are requested to be mailed or overnighted to Client, the copying, binding, and shipping the documents would be an over and above expense. Optional Items Additional Services: In addition, if you preferto have ADK upgrade the HRAssisted search to a full-service search, or selectively perform interviews, conduct reference checks, background / social media checks, or attend and facilitate final interviews, we would be happy to provide any one or all of these services as needed. Just let us know and we can provide a quote to you for any additional services you may need at any point in the process. Video Recordings: ADK now offers recorded video snippets of potential candidates for our clients' review. Ageneral question is asked regarding their experience and background, and then two additional questions more specific to the actual position. Snippets run approximately 5-7 minutes and are provided in standard MP -4 format through our Dropbox file. These snippets are available for any candidate per your request at a minimal charge of $75.00 per candidate. They are included in a full-service search for no additional charge. ADK handles the logistics for scheduling the recorded video interviews which are conducted by our certified HR specialists. Our clients are finding that these recordings are saving them travel expenses for candidates that they have decided not to bring to final interviews. Travel: While not anticipated in an HR Assist search, if there is requested travel, Client will be responsible for any reasonable and customary incidental expenses fortrave 1, lodging, meals, etc. billed at cost. 5