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HomeMy WebLinkAboutC18-260 GovHR USAAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND GovHR THIS AGREEMENT (“Agreement”) is effective as of the 29th day of August, 2018 by and between GovHR a Limited Liability Corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, GovHR will provide executive recruitment services for the position of Director of Community Development (the “Project”) and conduct the majority of the project tasks and deliverable at the Eagle County administration building located at 500 Broadway, Eagle, Colorado (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than September 10th, 2018 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Human Resources Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31st day of December, 2018. DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 2 Eagle County General Services Final 5/14 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $19,500. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. 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 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 3 Eagle County General Services Final 5/14 Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 4 Eagle County General Services Final 5/14 apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Angelo Fernandez 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8796 Facsimile: 970-328-8796 E-Mail: angelo.fernandez@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: GovHR Judy Schmittgens jschmittgens@govhrusa.com 630 Dundee Road, Suite 130 Northbrook, IL 60062 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed and expenses incurred to the date of termination. DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 5 Eagle County General Services Final 5/14 12. Venue, Jurisdiction and Applicable Law. 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. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor 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. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor 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 County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor 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. Contractor 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. f. Contractor 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. 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 County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 6 Eagle County General Services Final 5/14 h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. i. 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. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. 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. l. 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. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, 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. 15. Prohibitions on Government Contracts. As used in this Section 15, 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 Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor 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. Contractor 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 Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor 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 DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 7 Eagle County General Services Final 5/14 Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor 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 Contractor 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. Contractor 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 Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 8 Eagle County General Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Judy Schmittgens Corporate Secretary and Compliance Manager 9 Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 630 Dundee Road, Suite 130, Northbrook, Illinois 60062 Local: 847.380.3240 Fax: 866.401.3100 GovHRUSA.com EXECUTIVE RECRUITMENT • INTERIM STAFFING • MANAGEMENT AND HUMAN RESOURCE CONSULTING August 15, 2018 Angelo Fernandez Director of Human Resources Eagle County P. O. Box 850 500 Broadway Eagle, Colorado 81631 Dear Mr. Fernandez: Thank you for the opportunity to provide you with a proposal for the Community Development Director recruitment and selection process for Eagle County. GovHR USA (“GovHR”) prides itself on a tailored, personal approach to executive recruitment and selection, able to adapt to your specific requirements for the position. Qualifications and Experience GovHR is a public management consulting firm serving municipal clients and other public-sector entities on a national basis. Our headquarters offices are in Northbrook, Illinois. We are a certified Female Business Enterprise in the State of Illinois and work exclusively in the public sector. GovHR offers customized executive recruitment services and completes other management studies and consulting projects for communities. Please note the following key qualifications of our firm:  Since our establishment in 2009, our consultants have conducted hundreds of recruitments in 29 states, with an increase in business of at least 30% each year. Twenty-eight (28%) of our clients are repeat clients, the best indicator of satisfaction with our services.  Surveys of our clients show that 94% rate their overall experience with our firm as Outstanding and indicate that they plan to use our services or highly recommend us in the future.  Our state of the art processes, including extensive use of social media for candidate outreach and skype interviews with potential finalist candidates, ensure a successful recruitment for your organization.  Our high quality, thorough Recruitment Brochure reflects the knowledge we will have about your community and your organization and will provide important information to potential candidates.  We provide a two-year guarantee for our recruitments. Less than 1% of our clients have had to invoke the guarantee.  The firm has a total of twenty-seven consultants, both generalists and specialists (public safety, public works, finance, parks, etc.), who are based in Arizona, Florida, Illinois, Indiana, Michigan, and Wisconsin, as well as five reference specialists and eight support staff. Our consultants are experienced executive recruiters who have conducted over 600 recruitments, working with cities, counties, special districts and other governmental entities of all sizes throughout the country. In addition, we have held leadership positions within local government, giving us an understanding of the complexities and challenges facing today’s public-sector leaders. DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 2 GovHR is led by Heidi Voorhees, President, and Joellen Earl, Chief Executive Officer. Ms. Voorhees previously spent 8 years with the nationally recognized public-sector consulting firm, The PAR Group, and was President of The PAR Group from 2006 – 2009. Ms. Voorhees has conducted more than 250 recruitments in her management consulting career, with many of her clients repeat clients, attesting to the high quality of work performed for them. In addition to her 12 years of executive recruitment and management consulting experience, Ms. Voorhees has 19 years of local government leadership and management service, with ten years as the Village Manager for the Village of Wilmette. Ms. Earl is a seasoned manager, with expertise in public sector human resources management. She has held positions from Human Resources Director and Administrative Services Director to Assistant Town Manager and Assistant County Manager. Ms. Earl has worked in forms of government ranging from Open Town Meeting to Council-Manager and has supervised all municipal and county departments ranging from Public Safety and Public Works to Mental Health and Social Services. Consultant Assigned GovHR Vice President Cristi Musser will be responsible for your recruitment and selection process. Her biography is attached to this Proposal and her contact information is: Cristi Musser Vice President GovHR USA LLC Eagle, Colorado Telephone: 630-229-3495 CMusser@GovHRusa.com A complete list of GovHR’s clients is available on our website at www.govhrusa.com Recent References The following references can speak to the quality of service provided by GovHR: Eagle, CO (Town Manager, 2017) Town of Eagle Town Hall PO Box 609 Eagle, CO 81631 Lynette Horan Human Resources Director 970-328-9618 Lynette.horan@townofeagle.org Matt Solomon Board Member & Personnel Committee Chair 970-328-6354 matt.solomon@townofeagle.org San Miguel County, CO (Building Official, 2017) San Miguel County, CO (Road and Bridge Director, 2017) San Miguel Area Regional Transportation(Executive Administrator, 2017) Lynn Black County Administrator San Miguel County 335 W. Colorado Ave DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 3 Telluride, CO 81435 970-728-3844 lynnb@sanmiguelcountyco.gov 414-228-1700 Scope of Work A typical recruitment and selection process takes approximately 175 hours to conduct. At least 50 hours of this time is administrative, including advertisement placement, reference interviews, and due diligence on candidates. We believe our experience and ability to professionally administer your recruitment will provide you with a diverse pool of highly qualified candidates for your Community Development Director search. GovHR clients are informed of the progress of a recruitment throughout the entire process. We are always available by mobile phone or email should you have a question or need information about the recruitment. GovHR suggests the following approach to your recruitment, subject to your requests for modification: Phase I – Position Assessment, Position Announcement and Brochure Development Phase I will include the following steps:  One-on-one or group interviews will be conducted with elected officials, appointed officials, staff, business community representatives and any other stakeholders identified by the client to develop our Recruitment Brochure. The Proposal assumes up to two full days and one night depending upon the client's needs. We can also utilize dedicated email and surveys to obtain feedback from stakeholder groups. Previous clients have invited community leaders to meetings with our consultants; other clients have developed surveys for the community or organization; and some clients request we use a combination of these methods to fully understand community and organizational needs and expectations for the next Community Development Director. We will work closely with you on the format that best meets your needs.  Development of a Position Announcement.  Development of a detailed Recruitment Brochure for your review and approval.  Agreement on a detailed Recruitment Timetable – a typical recruitment takes 90 days from the time you sign the contract until you are ready to appoint the finalist candidate. Phase II – Advertising, Candidate Recruitment and Outreach We make extensive use of social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. In addition, our website is well known in the local government industry – we typically have 5,000 visits to our website each month. Finally, we develop a database customized to your recruitment and can do an email blast to thousands of potential candidates. Phase II will include the following steps:  Placement of the Position Announcement in appropriate professional online publications. In addition to public sector publications and websites, outreach will include LinkedIn and other private sector resources. We can provide the County with a list of where we intend to place the position announcement, if requested.  The development of a database of potential candidates from across the country unique to the position and to Eagle County, focusing on the leadership and management skills identified in Phase I as well as size of organization, and experience in addressing challenges and opportunities also DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 4 outlined in Phase I. This database can range from several hundred to thousands of names depending on the parameters established for the outreach. Outreach will be done in person, and through e-mail and telephone contacts. GovHR consultants have extensive knowledge of the municipal government industry and will personally identify and contact potential candidates. With more than 600 collective years of municipal and consulting experience among our consultants, we often have inside knowledge about candidates. Phase III – Candidate Evaluation and Screening Phase III will include the following steps:  Review and evaluation of candidates’ credentials considering the criteria outlined in the Recruitment Brochure. Candidates will be interviewed by skype or facetime to fully grasp their qualifications, experience and interpersonal skills. The interviews include asking specific questions about their experiences and skill sets as well as asking questions specific to the Community Development Director. We will ask follow up questions and probe specific areas. By utilizing skype or facetime we will have an assessment of their verbal skills and their level of energy for and interest in the position.  Formal and informal references and an internet/social media search of each candidate will be conducted to further verify candidates’ abilities, work ethic, management and leadership skills, analytical skills, interpersonal skills, ability to interact with the media, and any areas identified for improvement.  All résumés will be acknowledged and contacts and inquiries from candidates will be personally handled by GovHR, ensuring that Eagle County’s process is professional and well regarded by all who participate. Phase IV – Presentation of Recommended Candidates Phase IV will include the following steps:  GovHR will prepare a Recruitment Report that presents the credentials of those candidates most qualified for the position. You will advise us of the number of reports you will need for the individuals involved in this phase of the recruitment and selection process. We provide a binder which contains the candidate’s cover letter and résumé. In addition, we prepare a “mini” résumé for each candidate, so that each candidate's credentials are presented in a uniform way. GovHR will provide you with a log of all candidates who applied. You may also review all the résumés, if requested.  GovHR will meet with you on-site to review the Recruitment Report and expand upon the information provided. The report will arrive two to three days in advance of the meeting, giving you the opportunity to fully review it. In addition to the written report, we will spend 2 to 3 hours discussing the candidates by reviewing their skype interviews and providing excerpts from the references we will have conducted on the individuals. Phase V –Interviewing Process Phase V will include the following steps:  After the Recruitment Report is presented, the Interviewing Process will be finalized including the discussion of any specific components you deem appropriate, such as a writing sample or oral presentation. DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 5  GovHR will develop the first and second round interview questions for your review and comment. GovHR will provide you with interview books that include the credentials each candidate submits, a set of questions with room for interviewers to make notes, and evaluation sheets to assist interviewers in assessing the candidate’s skills and abilities.  GovHR will work with you to develop an interview schedule for the candidates, coordinating travel and accommodations. In addition to a structured interview with the County, the schedule will incorporate a tour of Eagle County’s facilities and interviews with senior staff, if the County so desires.  Once candidates for interview are selected, additional references will be contacted, along with verification of educational credentials, criminal court, credit, and motor vehicle and records checks.  GovHR recommends a two-step interviewing process with (typically) five or six candidates interviewed in the first round. Following this round, we strongly suggest that two or three candidates are selected for second round interviews. Again, we will prepare a second round of interview questions and an evaluation sheet.  GovHR consultants will be present for all the interviews, serving as a resource and facilitator. Phase VI – Appointment of Candidate  GovHR will assist you as much as you request with the salary and benefit negotiations and drafting of an employment agreement, if appropriate.  GovHR will notify all applicants of the final appointment, providing professional background information on the successful candidate. Optional Assessment Center If desired, GovHR will perform an Assessment Center for candidates selected for interview as part of the selection process. An Assessment Center is a very useful tool for evaluating the strengths, weaknesses and skills and abilities of Eagle County’s next Community Development Director. GovHR consultants will prepare all the related documents and scoring sheets for a choice of any of three (3) of the following exercises to be completed on the Assessment Center day: • In-Basket Exercise • Written/Oral Presentation Exercise • Leaderless Group Exercise • Structured Interview • Budget Analysis Exercise • Personnel Issues Exercise • Other exercise of the Client’s choosing Leadership/Personality Assessments GovHR has experience working with a wide variety of leadership and personality assessment tools, depending on the qualities and experiences the client is seeking in their candidates. These include but are not limited to Luminaspark, Caliper, DISC and others. Typically these tools cost $300 per candidate to administer. This fee is not included in our proposal. Optional 360° Evaluation DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 6 As a service to Eagle County, we offer the option to provide you with a proposal for a 360° performance evaluation for the appointed Community Development Director at about six months into his or her employment. This evaluation will include seeking feedback from both Elected Officials and Department Directors, along with any other constituent the County feels would be relevant and beneficial. This input will be obtained on a confidential basis with comments known only to the consultant. If you are interested in this option, GovHR USA will prepare a proposal for this service. Recruitment Schedule A detailed recruitment schedule will be provided in Phase I. The recruitment and selection process typically takes 90 days from the time the contract is signed until the candidate is appointed. We can work with you on a shorter process, should you so desire. Our typical recruitment process includes the following milestones and deliverables:  Weeks 1 - 2 On-site interviews of County officials and staff, development and approval of recruitment brochure Deliverable: recruitment brochure  Weeks 3 - 8 Placement of professional announcements; candidate identification, screening, interview and evaluation by consultant  Week 9 Consultant recommendation to the County of qualified candidates Deliverable: recruitment report  Week 10 Selection of candidate finalists by the County; additional background and reference checks, report preparation and presentation Deliverable: interview reports including suggested questions and evaluation sheets  Weeks 11-12 Interviews of selected finalist candidates; recommendation of final candidate; negotiation, offer, acceptance and appointment Summary of Costs Price Recruitment Fee: $14,000 Recruitment Expenses: (not to exceed)  Expenses include consultant travel, postage/shipping, telephone, support services, candidate due diligence efforts. copying etc. 3,000 Advertising: *Advertising costs over $2,500 will be placed only with client approval. If less than $2,500, Client is billed only for actual cost. 2,500* Total: $19,500** DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 7 **This fee does not include travel and accommodations for candidates interviewed. Recruitment brochures are produced as electronic files. Printed brochures can be provided, if requested, for an additional cost of $900. The above cost proposal is predicated on four consultant visits to the County; the first for the recruitment brochure interview process (up to two full days and one night, depending upon the client’s needs; if additional days are needed they will be billed at $500 per half day and $950 for a full day, plus additional hotel charges, if required); the second to present recommended candidates; and the third and fourth for the candidate interview process (second round interviews are often scheduled a week or so following the first round interviews). Any additional consultant visits requested by the County will be billed at $125/hour; $500 for a half day and $950 for a full day. The additional visits may also result in an increase in the travel expenses and those expenses will be billed to the client. Optional Assessment Center Fee: $6,000* *The fee for the Assessment Center is $6,000. The fee assumes that the Assessment Center will be held on one day and be limited to no more than five candidates. For each additional candidate, the fee will increase by $750. The fee includes the preparation and cost of the Assessment Center material, and a written report outlining the findings of the Assessment Center as reported by the Assessors. We will assist the County in selecting three (3) professionals from outside the organization to serve as Assessors in evaluating each candidate’s strengths and weaknesses. The County will be responsible for paying a $500 stipend to each Assessor (and possibly mileage for the assessors). The Assessment Center fee does not include lodging, travel and meal expenses for the GovHR facilitator(s) to be on-site for the Assessment Center. Actual expenses will be billed in addition to the $6,000. If the County chooses to add the Assessment Center option, the fees and expenses for this will be billed separately. Payment for Fees and Services Professional fees and expenses will be invoiced as follows: 1st Payment: 1/3 of the Recruitment Fee (invoice sent upon acceptance of our proposal). 2nd Payment: 1/3 of the Recruitment Fee and expenses incurred to date (invoice sent following the recommendation of candidates). Final Payment: 1/3 of the Recruitment Fee and all remaining expenses (invoice sent after recruitment is completed). Recruitment expenses and the costs for printing the Recruitment Brochure will be itemized in detail. Payment of invoices is due within thirty (30) days of receipt (unless the client advises that its normal payment procedures require 60 days.) Philosophy Executive search is an important decision-making process for an organization and our primary goal is to provide our client with the information to make the best hiring decision. Our firm’s executive recruitment philosophy embraces a professional process of integrity, trust, and respect toward all parties involved, and complete commitment toward meeting the expressed needs and desires of our client. All of our services DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 8 are handled by principals of the firm who have established and well-regarded reputations in the search field, as well as actual operating experience in the public management fields in which they now consult. Each has impeccable professional credentials and unblemished personal reputations. Keeping both our client and prospective candidates informed on the status of the recruitment on a regular basis is also an important part of our recruitment process. Our work is carried out in an open manner with particular attention given toward seeking out critical factors of a client’s organization and governance, and utilizing such information respectfully and discreetly in seeking out candidates who truly have the ability to meet the expectations and needs of the client—working strenuously in developing a fully qualified, “best match” candidate pool for client consideration. Our process includes assistance in the critical final interview and selection phases of the recruitment, and availability to both client and candidate for months following the appointment. Our process was developed and refined over the years to meet the special, and often unique, needs and circumstances facing our local government, public management, and related not-for-profit clients. GovHR Guarantee It is the policy of GovHR to assist our clients until an acceptable candidate is appointed to the position. Therefore, no additional professional fee would be incurred should the County not make a selection from the initial group of recommended candidates and request additional candidates be developed for interview consideration. Additional reimbursable expenses may be incurred should the situation require consultant travel to Eagle County beyond the planned four visits. Upon appointment of a candidate, GovHR provides the following guarantee: should the selected and appointed candidate, at the request of the County or the employee’s own determination, leave the employ of the County within the first 24 months of appointment, we will, if desired, conduct one additional recruitment for the cost of expenses and announcements only, if requested to do so within six months of the employee’s departure. In addition, in accordance with the policy of our firm as well as established ethics in the executive search industry, we will not actively recruit the placed employees for a period of five years. Why Choose GovHR? We ask you to consider the following as you deliberate: We are a leader in the field of local government recruitment and selection with experience in more than 24 states, in communities ranging in population from 1,000 to 1,000,000. More than 28% of our clients are repeat clients showing a high level of satisfaction with our work. We encourage you to call any of our previous clients. We are committed to bringing a diverse pool of candidates to your recruitment process. We network extensively with state, city and county management associations, attending more than 20 state and national conferences each year. In addition, we support and attend the meetings of Women Leading Government, the International Hispanic Network, the California Network of Asian Public Administrators, and the National Forum for Black Public Administrators. We conduct comprehensive due diligence on candidates. Before we recommend a candidate to you, we will have interviewed them via Skype, conducted reference calls, and media and social media searches. Our knowledge of local government ensures that we can ask probing questions that will verify their expertise. We are your partners in this important process. You are welcome to review all the resumes we receive, and we will share our honest assessment of the candidates. DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 9 Our goal is your complete satisfaction. We are committed to working with you until you find the candidate that is the best fit for your position. We believe we have provided you with a comprehensive proposal; however, if you would like a service that you do not see in our proposal, please let us know. We can most likely accommodate your request. This proposal will remain in effect for a period of six months from the date of the proposal. We look forward to working with you on this recruitment and selection process! Sincerely, Heidi J. Voorhees President GovHR USA Attachment: Consultant Biography DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E Page 10 CONSULTANT BIOGRAPHY CRISTI MUSSER Vice President Cristi Musser is a Vice President with GovHR USA and has over twenty years of experience in all facets of municipal and county government management in Illinois, Oregon, and California. Ms. Musser joined GovHR USA in 2016 after working for four years as a Senior Management Consultant and Project Manager for Sikich LLP. Since joining GovHR USA, Ms. Musser has conducted successful recruitment for San Miguel County’s Road and Bridge Director and their Chief Building Official. She also conducted the recent recruitment for the Town of Eagle’s Town manager. Finally, she conducted the search for the Executive Director for the San Miguel Authority for Regional Transportation. (SMART). In her role with Sikich, Ms. Musser’s consulting work included compensation studies, organizational assessments and process mapping studies, and development of strategic plans. Recent compensation clients include the Village of Addison, the City of DeKalb, the DeKalb Public Library, and the Village of Park Forest. Ms. Musser’s organizational assessment clients include Elgin Community College, Peoria County Court Administrator, the City of Bloomington, and the Village of Wilmette. Her strategic planning clients include the City of Dixon, the Village of Tinley Park, Metro West Council of Governments, and the City of St. Charles. She formerly served as the Director of Support Services for suburban Washington County; the second largest County in Oregon. As Department head, she was responsible for Finance Operations and Audits; Human Resources, Purchasing, Risk Management, Buildings and Grounds, Fleet Maintenance, and Information Technology. Her position also provided overall management and general supervision of the County’s 911 Center. At Washington County, Ms. Musser’s accomplishments included: spearheading the creation of a countywide intergovernmental agency to provide 911 dispatch services; reorganizing and updating the Finance Division’s organizational structure, processes, and technology; negotiating and managing a variety of outsourcing contracts; developing and implementing internal reorganizations and process improvements; and establishing a professional Risk Management division. Prior experience includes working as a Senior Analyst for Marin County, California where she had extensive experience in budget and financial analysis, human resources, and labor relations. During her tenure, Ms. Musser also acted as the County Executive’s representative to all criminal justice related departments, the County Library, and the Parks and Open Space Department. Professional Education ●Master of Public Administration, Northern Illinois University, IL Training and Instruction ●Senior Executives in State and Local Government, Harvard University Local Government Professional Background Over twenty years of experience in all facets of municipal and county government management in Illinois, Oregon, and California ●Director of Support Services, Washington County, OR 1984-1988 ●Senior Analyst, Marin County, California 1976-1984 ●Senior Management Consultant and Project Manager, Sikich LLP 2012-2016 ●Vice President, GovHR USA 2016-Present DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E 10 Eagle County General Services Final 5/14 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/4/2018 Assurance Agency,Ltd 1750 E Golf Road Suite 1100 Schaumburg IL 60173 Select 8477975700 (847)440-9130 select@assuranceagency.com Everest Insurance Co GOVHUSA-01 Lloyds of LondonGovHRUSA,LLC GovTemps USA,LLC 630 Dundee Rd #130 Northbrook IL 60062 Hartford Fire Insurance 38288 19388373 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 91ML001668181 7/7/2018 7/7/2019 2,000,000 A 1,000,000 X X 91ML001668181 7/7/2018 7/7/2019 A X X 4,000,00091CU0012651817/7/2018 7/7/2019 X 10,000 C X83WECBZ87683/7/2018 3/7/2019 1,000,000 1,000,000 1,000,000 A B A Crime Cyber Liability Employment Practices Liability 91CR000639181 ESH00645883 91ML001668181 7/7/2018 7/7/2018 7/7/2018 7/7/2019 7/7/2019 7/7/2019 Limit:100,000 Aggregate:250,000 Occurence:1,000,000 Deductible:1,000 Agg.:1,000,000 Professional Liability -Everest Insurance Co.-91ML00166181 -Effective 7/7/2018 to 7/7/2019.$1M Occurrence.$2M Aggregate. It is agreed that Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents,and volunteers are added as Additional Insured,when required by written contract,on the General Liability with respect to operations performed by the Named Insured in connection with this project. Eagle County,CO 500 Broadway PO Box 850 Eagle CO 81631 DocuSign Envelope ID: BBA16EB6-3B66-4EBB-8CE3-E77E95C3BE3E