Loading...
HomeMy WebLinkAboutContract 26367 CITY CON RACTE►Jp Y�( � 7 PROFESSIONAL SERVICES AGREEMENT EXECUTIVE SEARCH SERVICES This Agreement is made by and between the City of Fort Worth, TX ("the City") and The PAR Group ("Consultant"). 1. Search Engagement. The City agrees to engage the Consultant to perform those services described below, for completion of the project described as follows: City Manager recruitment ("the Search"), all in accord with the Proposal to Recruit a City Manager, attached hereto as Exhibit "A." Any conflict between the Proposal and this Agreement shall be resolved in favor of this Agreement. 2. Services. The Consultant agrees to perform certain services necessary for completion of the Search, which services shall include the following: a) Organizational and position analysis b) Place advertisements in appropriate journals and publications c) Candidate identification d) Resume review and screening e) Preliminary interviews with leading candidates f) Progress report g) Detailed reference checks on leading candidates h) Final report i) Assist with interviews and negotiations A complete description of the services to be provided is contained in a proposal from the Consultant to the City dated October 19, 2000, which is referenced above as Exhibit "A" and is incorporated herein by reference. 3. Relationship. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent, or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same shall be solely responsible fort eh acts and omissions of its officers, agents, employees and subcontractors. Nothing contained herein shall be construed as creating a partnership or join venture between the City and Consultant; and the doctrine of respondeat superior shall not apply as between the City and the Consultant. 4. Compensation. As full compensation for the Consultant's professional services performed hereunder, the City shall pay the Consultant the fixed professional fee of Fifteen thousand five hundred dollars ($15,500). 5. Expense Reimbursement. The Consultant shall be entitled to reimbursement for expenses from the City for such expenses as consultant travel, advertising, sourcing, background checks, printing/photocopying, postage and delivery, telephone and clerical charges. FIN. VBt Expenses shall not exceed Ten thousand dollars ($10,000) for a nationwide search. The Consultant shall provide the City with a listing of expenses by category of expense as a part of monthly billings. 6. Compensation for Additional Services. In the event the City requires services in addition to those described in Paragraph 2 or Exhibit"A," the City shall make a request in writing for such additional services. The Consultant shall be compensated at a negotiated rate and expenses as set forth in writing. 7. Method of Payment. Payments will be made in three (3) equal payments. Consultant shall submit its first billing upon authorization to proceed, the second billing following the recommendation of candidates and the final billing upon completion of the process. Expenses will be invoiced monthly until completion of the assignment. 8. Term. The term of this Agreement shall commence on the issuance of a notice to proceed at which time the Consultant shall begin work on the Search and shall continue, subject to the termination provisions of Paragraph 9, until the date that the Consultant completes the Search. The time of completion of the Search is estimated to be 90 days from the date of the meeting to develop the Recruitment Profile. 9. Termination. This Agreement may be terminated by the City at any time for cause or for the convenience of the City by notice in writing to the Consultant. In the event of termination, the Consultant shall stop work upon receipt of notice of termination and shall be entitled to compensation for professional service fees and for expense reimbursement to the date of receipt of notice of termination; and the Consultant shall provide to the City all work product completed or in progress at such date and communicate such recommendations and conclusions to the City as may have been formed by such date. Consultant shall not be entitled to any to lost or anticipated profits should the City elect to terminate this agreement. 10. Insurance. The Consultant shall obtain and maintain the following insurance in the minimum amounts stated prior to entering into performance of this Agreement: A. Worker's Compensation Insurance- Statutory B. Comprehensive General Liability - $250,000 per person/$500,000 per occurrence C. Property Damage Insurance - $500,000 D. Excess Liability - $1,000,000 City shall be added as an additional insured under the Public Liability and Property Damage insurance. EPP- COO RD 11. Miscellaneous. a) The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. b) Neither this Agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. c) This Agreement shall be modified only by a written Agreement duly executed by the City and the Consultant. d) Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue shall lie exclusively in Tarrant County, Texas. f) All notices required or permitted under this Agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party's address listed below, or when delivered personally to such party, or by facsimile with a call to confirm receipt. A party may change its address for notice hereunder by giving written notice to the other party. g) If the selected candidate (other than an internal candidate) should be terminated within one year from the date of hire or if the City reasonably determines not to hire a candidate presented by Consultant, Consultant shall conduct another search as contemplated herein for no additional professional fee, other than reimbursement of expenses, which shall not exceed $10,000. h) Consultant warrants to the City that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Agreement. i) Consultant shall not disclose any reports, documentation, or evaluations generated hereunder without the prior written consent of the City. j) Consultant agrees to indemnify, defend and hold the City, and its officers, agents and employees harmless from any loss, damage liability or expense for damage to property or person, including death, to any person, including but not limited to officers, agents, or employees of consultant or its subconsultants, which may arise out of any negligent act, error or omission by Consultant in the performance of this agreement. Consultant shall defend at its own expense any suits brought against the City, its officers, agents, and employees, or any of them, resulting from such negligent act, error, or omission; and shall pay all expenses and satisfy all judgments that may be incurred by rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. Alf �W-U � ��) a Executed this 1st day of November, 2000. The PA Group By Title President Affieys: Waukegan Road, Suite 200 Lake Bluff, IL 60044 Dated:,/ emhe - , 2000 City of Fort W]_I TX By Title Address: r/-0 -Sf Approved as to Form And Legality: w Assi ant City Att&ney Lay EST: Contract Authorization loria Pearso 1 /-Cl'_D O City Secret Date ,.07 Ufy�r.i L'�9 YL7//UO City of Fort Worth, Texas 4Vallor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/31/00 C-18327 14SEARCH 1 of 3 SUBJECT CONTRACT WITH THE PAR GROUP FOR EXECUTIVE SEARCH CONSULTANT SERVICES FOR A CITY MANAGER RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with The PAR Group for executive search consultant services for the recruitment and selection of a City Manager, for an amount not to exceed $15,500 for professional services and $10,000 for related expenses. DISCUSSION: Bob Terrell, City Manager, has announced his intention to retire December 31, 2000. In order to assure that the most qualified candidate is recruited and selected for this position, it is recommended that the professional consultant services of The PAR Group be engaged to perform a national executive search. SCOPE OF SERVICES —The consultant will provide the following services: Development of Recruitment Specifications The consultant will meet with the Mayor, City Council, and other key staff to define the position requirements, candidate qualifications, and current issues. The information gathered will be used to draft a Recruitment Profile, which will be sent to potential candidates to provide them with information about the City, the job and the desired selection criteria. The criteria contained in the Recruitment Profile will be used to conduct a preliminary screening of job candidates. Recruitinq A directed campaign will be conducted to identify candidates whose backgrounds and experiences closely fit the desired candidate criteria. The resulting process will consist of various activities, such as: • Direct informational mailings to key associations/organizations throughout the country; and • Selected advertising through national publications and selected professional associations; and • Network and direct inquiries with professional sources that are knowledgeable in the field; and • Use of experience, contacts and file data from previous searches in this field of expertise. City of Fort Worth, Texas "Agar And Coun"61 Communication DATE REFERENCE NUMBER I LOG NAMEGE 10/31/00 C-18327 14SEARCH 2 of 3 PA SUBJECT CONTRACT WITH THE PAR GROUP FOR EXECUTIVE SEARCH CONSULTANT SERVICES FOR A CITY MANAGER Screening Preliminary screening will be based on the developed criteria and information contained in resumes and the consultant's knowledge of the people and the organizations in which they work. Interviews and background inquiries will be conducted with the most promising candidates to gain a better understanding of their backgrounds. A progress report listing information on the leading candidates will be developed and submitted to the Mayor and City Council for review and discussion. This report will contain, in a standardized format, information on the candidates, their current organization, budget, number of people supervised, and other information as dictated by the criteria set forth in the Recruitment Profile. Candidates for the next phase of the process will be identified from this group. Candidate Evaluation and Reference Check The consultant will conduct an in-depth interview with each of the semi-final candidates. The interviews will either be in person or through a video conference. Additionally, the consultant will verify degrees and certifications, conduct credit/criminal/civil litigation/motor vehicle record checks and other relevant information. A list of several finalists will then be presented to the Mayor and City Council Members for review and approval. Final Reporting of Finalists The consultant will provide a detailed written report and evaluation of the final candidates. Client Interviews and Selection The finalists will then be subjected to final in-depth interviews, with the consultant participating as either an observer or active panel member, if requested by the City. Guarantee The PAR Group guarantees its selection process by promising that if the selected candidate should be terminated within the first year from the date of hire, it will redo the search for no additional professional fees. The PAR Group would, however, be reimbursed for any expenses that might be incurred. Estimate of Time The in-depth recruitment process takes approximately 90 days to develop the recruiting brochure, conduct a national recruiting campaign, interview and evaluate candidates, and conduct final selection interviews. However, the actual timeline may be modified to meet the City's needs. City of Fort Worth, Texas or qV61for And coundlCommunication DATE REFERENCE NUMBER LOG NAME PAGE 10/31/00 C-18327 14SEARCH 1 3 of 3 SUBJECT CONTRACT WITH THE PAR GROUP FOR EXECUTIVE SEARCH CONSULTANT SERVICES FOR A CITY MANAGER Cost The professional search fee for the City Manager's position is $15,500 plus expenses associated with the search, not to exceed $10,000 for travel, advertising, long distance telephone charges, postage, and other charges as approved by the Mayor and City Council. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that no funds were budgeted in the current operating budget for this purpose. The department will offset this expenditure with savings in other accounts. CB:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITYCal NCIL � V,slr Originating Department Head: Linda Cobb 7783 (from) OCT 31 2000 GG01 539120 0021000 $25,500 Additional Information Contact: 60w'"J City otyt F we 1 M Linda Cobb 7783