HomeMy WebLinkAboutC21-315 GovHR Professional Services AgreementDocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND GovHR USA THIS AGREEMENT ("Agreement") is effective as of the 9/20/2021 by and between GovHR USA, an Illinois corporation (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County desires to engage Consultant to provide customized executive recruitment services for the Director of Community Development position (the "Project") and WHEREAS, Consultant 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 Consultant and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A ("Services") 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. Consultant agrees to commence the provision of Services upon execution of this Agreement and in accordance with the schedule established in Exhibit A. Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant 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. C. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 2. County's Representative. The Human Resources Department's designee shall be Consultant'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 12 hereof, shall continue in full force and effect through March 31, 2022. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant 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, Consultant'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 Consultant 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 $25,000. Consultant 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 Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. C. 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 Consultant was improper because the Services for which payment was made were not performed as set forth in 2 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant 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. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant 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. e. 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 Consultant 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. Sub -consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub -consultant 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. Consultant shall require each sub -consultant, as approved by County and to the extent of the Services to be performed by the sub -consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub -consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub -consultants or sub -contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant'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. 3 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 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 $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims -made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. 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. ii. Consultant's certificates of insurance shall include sub -consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub -consultant. All coverage(s) for sub -consultants shall be subject to the same minimum requirements identified above. Consultant and sub -consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub -consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than A-VII. iv. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. V. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual 4 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant's broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. X. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. 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. xii. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant 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 Consultant or any of its sub -consultants hereunder; and Consultant 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 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 Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to 5 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 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 Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under 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: Hollis Dempsey, Human Resources Director 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8793 E-Mail: hollis.dempsey@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 CONSULTANT: Judy Schmittgens, Corporate Secretary 630 Dundee Road, Suite 225 Northbrook, IL 60062 Telephone: 847-3 80-3 240 E-Mail: jschmittgens(&govhrusa.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and C.1 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. 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 Consultant. Upon termination of this Agreement, Consultant 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 Consultant for Services satisfactorily performed to the date of termination. 13. 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. 14. 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. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County 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 covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph 7 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 shall survive termination of this Agreement. b. 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. C. This Agreement constitutes an agreement for performance of the Services by Consultant 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 Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. 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. e. 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 County. Any attempt to assign this Agreement without such consent shall be void. g. 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. h. 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. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. 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 1:3 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4l32C29A66F8 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. 1. 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. 16. Prohibitions on Government Contracts. As used in this Section 16, 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, 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: https://www.uscis.gov/e-verify 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: 9 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 i. Notify the subcontractor and County 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, County 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 County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. 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 DocuSigned by: By. Jeff E'o,4 ounty Manager 10 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 CONSULTANT: By: 5DocuSigned by: Lk G"i{f A&S FBFOE968C28D43E... Print Name: l udy Schmi ttgens Title: Corporate Secretary and Compliance Manag EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES SCOPE OF SERVICES Phase I: Position Assessment, Position Announcement & Brochure One-on-one or group interviews will be conducted with stakeholders identified by the County to develop the Recruitment Brochure for aCommunity Development Director (the "position"). GovHR ("Consultant" or "GovHR") has a variety of other options for gathering input: • Dedicated email and surveys to obtain feedback from stakeholder groups • Public Forums conducted by GovHR's subconsultants A combination of the above items can be used to fully understand community and organizational needs and expectations for the position. • Development of a Position Announcement to be placed on websites and social media • Development of a thorough Recruitment Brochure for County review and approval • Agreement on a detailed Recruitment Timetable — a typical recruitment takes between 90 to 120 days from the time the County signs the contract to appointment of the finalist candidate. Phase II: Advertising, Candidate Recruitment & Outreach GovHR makes extensive use of social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. In addition, GovHR's website is well known in the local government industry — GovHR typically has 6,000 visits to its website each month. Finally, GovHR will develop a database customized to County's recruitment and can send an email blast to thousands of potential candidates. • GovHR subconsultants will personally identify and contact potential candidates in 11 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4l32C29A66F8 person, via • email, and also via telephone. • GovHR will develop a database of potential candidates from across the country unique to the position and to the client, focusing on: • Leadership and management skills • Size of organization • Experience in addressing challenges and opportunities also outlined in Phase I • The database will range from several hundred to thousands of names and an email blast will be sent to each potential candidate. • Placement of the Position Announcement in appropriate professional online publications: • Public sector publications & websites • Social media • LinkedIn (over 15,000 connections) • Facebook • Twitter • Instagram • GovHR will provide County with a list of advertising options for approval PHASE III: Candidate Evaluation & Screening • GovHR will review and evaluate candidates' credentials considering the criteria outlined in the Recruitment Brochure • GovHR will narrow down candidates to those candidates that meet the qualification criteria specified by County • Candidate evaluation process: • Completion of a questionnaire explaining prior work experience • Live Video Interview (45 minutes to 1 hour) conducted by GovHR with each finalist candidate • References (at least 2 references per candidate will be contacted at this time) • Internet/Social Media search conducted on each finalist candidate • All resumes will be acknowledged and inquiries from candidates will be personally handled by GovHR, ensuring that the client's process is professional and well regarded by all who participate. Phase IV: Presentation of Recommended Candidates • GovHR will prepare a Recruitment Report presenting the credentials of those candidates most qualified for the position. 12 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 • GovHR will provide an electronic file which contains the candidates' materials along with a "mini" resume for each candidate so that each candidate's credentials are presented in a uniform way. • County will receive a log of all applicants and may review resumes if requested. • GovHR will provide County with the Recruitment Report in advance of the Recruitment Report Presentation. • GovHR will spend approximately 2 hours with the County reviewing the Recruitment Report and providing additional information on the candidates. Phase V: Interviewing Process & Background Screening GovHR will: • Develop the first and second round interview questions for County's review and comment • Coordinate candidate travel and accommodations, if necessary • Provide County with interview books that include: • Candidates Credentials • Set of questions with room for interviewers to make notes • Evaluation sheets to assist interviewers in assessing the candidate's skills and abilities GovHR will conduct background screening* along with contacting additional references: • Drivers history • Social Security verification • Education verification • Credit history • Criminal background screening *Per state and federal regulations GovHR will work with County to develop an interview schedule for the candidates, coordinating travel and accommodations. GovHR consultants, if requested, will be present for all the interviews, serving as a resource and facilitator. GovHR will coordinate a 2-Step Interview process. The first round interviews will include five or six candidates. The second round interviews will include two or three candidates. GovHR will supply interview questions and an evaluation form. In addition to a structured interview, the schedule can incorporate: • Tour of client facilities • Interviews with senior staff 13 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 Phase VI: Appointment of Candidate • GovHR will assist County as much as County requests with the salary and benefit negotiations and rafting of an employment agreement, if appropriate. • GovHR will notify all applicants of the final appointment, providing professional background information on the successful candidate. SCHEDULE Weeks 1 & 2 Phase 1: On Site Interviews & Brochure Development Weeks 3 thru 6 Phase 2: Advertising, Candidate Recruitment & Outreach Weeks 7 thru 9 Phase 3: Candidate Evaluation & Background Screening Week 10 Phase 4: Presentation of Recommended Candidates Week 11 & 12 Phase 5: Interview Process & Additional Background Screening Weeks 13 & 14 Phase 6: Appointment of Candidate *In certain recruitments, the above schedule can be condensed to 12-weeks. Please inquire for details. GovHR GUARANTEE GovHR is committed to assisting the County until a candidate is appointed to the position. Therefore, no additional professional fee will be incurred if the County does not make a selection from the initial group of recommended candidates and requests additional candidates be developed for interview consideration. If additional advertising beyond the Phase I advertising is requested, the County will be billed for actual advertising charges. 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 12 months of appointment, GovHR will, if desired, conduct one additional recruitment for the cost of expenses and advertisements only. This request must be made within six months of the employee's departure. FEES Recruitment Fee: $18,500 Recruitment Expenses: Expenses include candidate due diligence efforts: not to exceed $1,500 Advertising: *Advertising costs over $2,500 will be placed only with County approval. County is billed only for actual cost. $2,500* Total: $22,500** **Entire recruitment will be conducted virtually via phone and video technology. 14 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4l32C29A66F8 Professional fees and expenses will be invoiced as follows: V Payment: 1/3 of the Recruitment Fee (invoice sent upon acceptance of our proposal). 2nd Payment: 1/3 of the Recruitment Fee and expenses actually 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 will be itemized in detail. EXHIBIT B Insurance Certificate 15 C21-315 DocuSign Envelope ID: 8972FEC4-F644-4611-9F09-F4B2C29A66F8 AC� "® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) F9/7/2021 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. 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). PRODUCER Assurance, a Marsh & McLennan Agency LLC company 20 N Martingale Road Suite 100 CONTACT NAME: Select Commercial PHONE FAX A/C No Ext : 847 797-5700 A/C No): 847 440-9133 ADDRESS: select@assuranceagency.com INSURER(S) AFFORDING COVERAGE NAIC# Schaumburg IL 60173 INSURERA: Everest Insurance Co INSURED GOVHUSA-01 GovHR USA, LLC GovTemps USA, LLC INSURER B : Hartford Insurance Company 38288 INSURERC: Lloyds of London 85202 INSURERD: 630 Dundee Rd INSURER E : #130 Northbrook IL 60062 INSURER F COVERAGES CERTIFICATE NUMBER: 1095962357 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 91 ML001668211 7/7/2021 7/7/2022 EACH OCCURRENCE $ 1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y 91 ML001668211 7/7/2021 7/7/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR 91 C0001265211 7/7/2021 7/7/2022 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 83WECAF5AZK 3/7/2021 3/7/2022 X PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Crime 91CR000639211 7/7/2021 7/7/2022 Limit:100,000 Deductible:1,000 C A Cyber Liability Employment Practices Liability ESK0332288794 91 ML001668211 7/7/2021 7/7/2021 7/7/2022 7/7/2022 Aggregate: 1,000,000 Occurence: 1,000,000 Deductible:2,500 Agg.: 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability - Everest Insurance Co. -91 ML001668211- Effective 7/7/2021 to 7/7/2022. $1 M Occurrence. $2M Aggregate. Workers Compensation and Employers' Liability: Any Proprietor/Partner/Executive Officer/Member, as listed on the policy, is excluded. It is agreed that the following are added as Additional Insured, when required by written contract, on the General Liability and Auto Liability on a primary and non-contributory basis with respect to operations performed by the Named Insured in connection with this project: Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle County, CO 500 Broadway Post Office Box 850 Eagle CO 81631 AUTHORIZED REP ESENTATIVE ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and Iog"14f6gistered marks of ACORD DocuSign Envelope ID: 8972FEC4-F644-4B11-9F09-F4B2C29A66F8 AGENCY CUSTOMER ID: GOVHUSA-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Assurance, a Marsh & McLennan Agency LLC company GovHR USA, LLC GovTemps USA, LLC POLICY NUMBER 630 Dundee Rd #130 Northbrook IL 60062 CARRIER 4DDITIONAL REMARKS NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 30 Day Notice of Cancelation to First Named Insured. A Waiver of Subrogation in favor of the Additional Insureds applies to the Worker's Compensation, General Liability and Automobile policies, when required by written contract and where allowed by law. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo 6M AVstered marks of ACORD