HomeMy WebLinkAbout26-31 Approving KRW Associates Town Manager Recruitment Project 04-15-2026RESOLt TION 26-31
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO,
APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND KRW FOR
CERTAIN PROFESSIONAL SERVICES FOR THE TOWN OF FIRESTONE TOWN MANAGER
RECRUITMENT PROJECT
WHEREAS, the Town of Firestone is in need of professional services to support the Town of Firestone
Town Manager Recruitment Project that will lead to the appointment of a new Town Manager following the
resignation of former Town Manager, A.J. Krieger (the `"Project"), and
WHEREAS, the Town issued a request for proposals ("RFP") for such services for the Project; and
WHEREAS, Town Board of Trustees evaluated the proposals submitted in response to the RIP against
the selection criteria set forth in the RFP, interviewed three (3) finalist firms at a; public meeting held on March
25, 2026. and following those interviews at the same meeting determined that KRW Associates, LLC ')
was the most qualified, successful proposer for the REP, finding that KRW submitted a proposal, not only in
compliance with the stated requirements of the RFP but also one that is most advantageous to the Town; and
WHEREAS, the Town. Board of Trustees desires to formally approve selection of KRW as the successful
Proposer (as such term is defined in the RFP), and to enter into a Professional Services Agreement (as such term
is used in the RFP) for the Project with KRV to provide the services as described in such Agreement, attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TILE TOWN
OF FIRESTONE, COLORADO:
Section 1. fhe Town Board of Trustees selects and awards KRW Associates. [LC as the successful
Proposer for the Project.
Section 2. The Professional services Agreement between the Town of Firestone and KRW
Associates, LLC for Professional Services in connection with the Town of Firestone [own Manager Recruitment
Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution.
The Ma) or is authorized to execute the Agreement on behalf of the Town.
PASSED AND ADOPTED this 1 5th r1nv of Anri1 ?ti
ATT T
i •ian ra.nados Luna, CMC, Town Clerk
APP As TO FORMS
ars all leith aztzn.. Town Attorney
EXHIBIT
j RW Associates Professional Services Agreementj
WHEREAS, the Town requires professional services and
WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and
experience to perform the required professional services.
A Contractor shall furnish all labor and materials required for the complete and prompt execution
and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated
herein by this reference and known as Recruitment Services for Town Manager (A2026-9933)
B. A change in the Scope of Services shall not be effective unless authorized as a modification to
this Agreement. If the Contractor proceeds without such written authorization, Contractor shall
be deemed to have waived any claim for additional compensation, including a claim based on
the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided
herein, no agent, employee, or representative of the Town is authorized to modify any term of
this Agreement, either directly or implied by a course of action,
A. This Agreement shall commence on the Effective Date and shall continue until Contractor
completes the Scope of Services to the satisfaction of the Town or until terminated as provided
herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall
pay the Contractor for all work previously authorized and completed prior to the date of
termination. If, however, Contractor has substantially or materially breached this Agreement, the
Town shall have any remedy or right of setoff available at law and equity.
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In consideration for the completion of the Scope of Services by Contractor, the Town shall pay
Contractor an amount not to exceed $29,500.00 set forth in Exhibit B. This amount shall
include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be
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paid by the Town for such fees, costs, and expenses. Contractor may submit periodic invoices,
which shall be paid by the Town within 30 days of receipt.
A0 Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described, herein and has all requisite corporate authority and professionallicenses in
good standing required bylaw. The work performed by Contractor shall be in accordance with
generally accepted professional practices and the level of competency presently maintained by
other practicing professional firms in the same or similar type of work in the applicable
community. The work and services to be performed by Contractor hereunder shall be done in
compliance with applicable laws, ordinances, rules, and regulations, including the preference for
Colorado Labor set forth in C.R.S. Article 17 Title 8.
S. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to
employ Sub -Contractor s to perform any work except as expressly set forth in the Scope of
Services.
A. Any materials, items, and work specified in the Scope of Services, and any and all related
documentation and materials provided or developed by the Contractor shall be exclusively
owned by the Town, The contractor expressly acknowledges and agrees that all work performed
under the Scope of Services constitutes 'work made for hire,' To the extent, if at all, that it does
not constitute a "work made for hire," the Contractor hereby transfers, sells, and assigns to the
Town all of its right, title, and interest in such work, The Town may, with respect to all or any
portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify,
adapt, translate, or change such work without providing notice to or receiving consent from the
Contractor.
B. If the Town reuses or makes any modification to Contractor's designs, documents or work
product without the prior written authorization of the Contractor, the Town agrees, to the fullest
extent permitted by law, to release the Contractor, its officers, directors, employees and sub
Contractors from all claims and causes of action arising from such uses, and shall to the extent
permitted by law indemnify and hold them harmless from all costs and expenses, including the
cost of defense, related to claims and causes of action to the extent such costs and expenses
arise from the Town's modification or reuse of the documents.
C. The Town expressly acknowledges and agrees that the documents and data to be provided by
Contractor under the Agreement may contain certain design details, features and concepts from
the Contractor's own practice detail library, which collectively may form portions of the design for
the Project, but which separately are, and shall remain, the sole and exclusive property of
Contractor. Nothing herein shall be construed as a limitation on the Contractor's right to re -use
such component design details, features and concepts on other projects, in other contexts or for
other clients..
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Contractor is an independent Contractor. Notwithstanding any other provision of this Agreement,
all personnel assigned by Contractor to perform work under the terms of this Agreement shall
be, and remain at all times, employees or agents of Contractor for all purposes. The contractor
shall make no representation that it is a Town employee for any purposes.
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by
Contractor pursuant to this Agreement. At a minimum, the Contractor shall procure and maintain
and shall cause any Sub -Contractor to procure and maintain, the insurance coverages listed
below, with forms and insurers acceptable to the Town,
1 Worker's Compensation insurance as required by laws
2, Commercial General Liability insurance with minimum combined single limits of
$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all premises and operations and shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and
employee acts), blanket contractual, products, and completed operations. The policy
shall contain a severability of interests provision, and shall include the Town and the
Town's officers, and employees, Contractor as additional insureds. No additional insured
endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3. Professional liability insurance with minimum limits of $1,000,000 each claim and
2,000,000 general aggregate:
B. Such insurance shall be in addition to any other insurance requirements imposed by law. The
coverages afforded under the policies shall not be canceled, terminated or materially changed
without at least 30 days prior written notice to the Town. In the case of any claims -made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage. Any insurance carried by the Town, its officers, and its employees
Contractor shall be excess and not contributory insurance to that provided by Contractor, The
contractor shall be solely responsible for any deductible losses under any policy,
C. Contractor shall provide to the Town a certificate of insurance as evidence that the required
policies are in full force and effect. The certificate shall identify this Agreement.
VOL INDEMNIFICATION
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Page 3 of 8
or other fault of Contractor, any Sub -Contractor of Contractor, or any officer, employee,
representative, or agent of Contractor, or which arise out of a worker's compensation claim of
any employee of Contractor or of any employee of any Sub -Contractor of Contractor. Contractor's
liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that
amount represented by the degree or percentage of negligence or fault attributable to Contractor,
any Sub -Contractor of Contractor, or any officer, employee, representative, or agent of Contractor
or of any Sub -Contractor of Contractor.
B. If the Contractor is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of the Contractor's obligation to indemnify and hold harmless the Town
may be determined only after the Contractor's liability or fault has been determined by adjudication,
alternative dispute resolution or otherwise resolved by mutual Agreement between the Parties, as
provided by CR.S. § 13-50.5-182(8)(c).
A, Change Order is a written instrument issued after execution of the Agreement signed by Town
and Contractor, stating their Agreement, as applicable, upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price and
3, The extent of the adjustment to the Contract Times(s)
B. All changes in the Work authorized by the applicable Change Order shall be performed under
the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in
good faith and as expeditiously as possible the appropriate adjustment of such changes.
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County,
Colorado.
B No Waiver, Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of
this Agreement.
C Inte ration, This Agreement constitutes the entire Agreement between the Parties, superseding
all prior oral or written communications.
D Third Parties. There are no intended third -party beneficiaries to this Agreement.
E, Notice, Any notice under this Agreement shall be in writing and shall be deemed sufficient when
personally presented or sent pre -paid, first-class United States Mail to the Party at the address
set forth on the first page of this Agreement,
F. Severability, If any provision of this Agreement is found by a court of competent jurisdiction to
be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full
force and effect.
Ca Modification, This Agreement may only be modified upon written Agreement of the Parties.
H Assi ng memo Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either Party without the written consent of the other.
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KRW ASSOCiATES LLC
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EXHIBIT A
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Duties and Deliverables: During the term of this Agreement, the firm shall perform the following duties, and
produce the Deliverables as directed by the Town:
• Oversight and administration of the executive search process
o Includes overall project administration
o Preparation of the ideal candidate profile for advertising
o Potential candidate outreach
o Reviewing and screening resumes
* Telephone and e-mail follow-up
Due diligence on semifinalists
o Development of candidate finalist lists; and criminal background and reference
checks
* Recommendations to the Board of Trustees for both semi-finalists and finalist
candidates
• Assessment System
Includes use of all custom written materials, research support materials, training,
and process administration of exercises related to Town Manager
candidates/finalists. Exercises may include structured interviews with the
Working Group, professional staff, and community members as well as
presentation exercises.
• Assessor training
• Final Candidate orientation
• National Criminal Background/Social Media Investigation on up to five finalists
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Exhibit B
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The cost of the Town Manager project is $29,500.00 which covers consultant fees and most direct consultant
expenses. Our fee includes all phases of the project: consultation regarding the job description and
qualifications and preparation of the job posting/advertisement, the recruitment and selection process, the
assessment and background checks of candidates and the final recommendations and notifications. See
breakdown below,
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SECURITY
The Town of Firestone requires any vendor personnel contracted to provide service within the
Firestone Police and Municipal Building at 9900 Park Avenue, Firestone Colorado 80504 undergo a
fingerprint -based background check.
Fingerprint -based background checks shall be required pursuant to the CJIS Security Policy for all
vendor personnel with direct, indirect, or situational access to the Firestone Police and Municipal Building
Access shall be denied to any personnel whose background check includes a felony conviction or
active warrant.
Fingerprints captured over one year prior to submission will not be accepted.
Vendor shall comply with all applicable standards of the Criminal Justice Information Services (CJIS)
security policy
Iiri, m os Duna, CMC, Town Clerk
KRW ASSOCIATES LLC
By ""'
Lorne C. Kramer, Managing Partner
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