HomeMy WebLinkAboutContract 52080 CITY SECRETARY
�a CONTRACT NO. 5a080
o��oR���PRt PROFESSIONAL SERVICES AGREEMENT
�0SE�R EXECUTIVE SEARCH SERVICES
This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by
and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by
and through its duly authorized Assistant City Manager, and GOVHR USA, LLC ("Consultant"), an
Illinois limited liability corporation, authorized to do business in Texas, acting by and through its duly
authorized representative, each individually referred to as a "party" and collectively referred to as the
"parties."
WHEREAS, the parties previously entering into a Vendor Services Agreement for Executive
Search Services, City Secretary Contract Number 51106 ("CSC 511-6") for the recruiting of an Assistant
Director for the City's Park and Recreation Department; and
WHEREAS, Consultant has performed the services under CSC 51106 and the parties have
terminated that agreement; and
WHEREAS, City desires to hire Consultant to perform additional services for the recruitment of
an Assistant Director for the City's Park and Recreation Department;
NOW,THEREFORE,City and Consultant,acting herein by and through their duly authorized
representative, enter into the following agreement:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form,
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the teens and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees, with good faith and due diligence, to provide executive search firm
services for the recruitment of an Assistant Director for the City's Park and Recreation Department as
described in Exhibit "A" which is attached hereto and incorporated herein and which more specifically
describes the Services to be provided hereunder.
2. TERM.
This Agreement shall begin on February 21,2019 ("Effective Date") and shall expire on February
20,2020("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term').
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
City shall have the option, in its sole discretion., to renew this Agreement under the same terms and
conditions, for up to three(3)additional one-year renewal periods.
3. COMPENSATION.
City shall pay Consultant in accordance with the fee schedule of Consultant personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price
Schedule. Total payment made under this Agreement during the Initial Term by City to fill one position
shall be in an amount not to exceed Twenty-Three Thousand Dollars and No Cents ($23,000.00).
Consultant shall not perform any additional services or bill for expenses incurred for City not specified by
this Agreement unless City requests and approves in writing the additional costs for such services. City
shall not be liable for any additional expenses of Consultant not specified by this Agreement unless City
first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Consultant may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
42 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder,City will notify Consultant of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Consultant for services actually rendered up to the effective date of
termination and Consultant shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon ternunation of this Agreement for any
reason, Consultant shall provide City with copies of all completed or partially completed documents
prepared under this Agreement. In the event Consultant has received access to City Infonnation or data as
a requirement to perform services hereunder, Consultant shall return all City provided data to City in a
machine readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to City that Consultant has made full
disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Consultant hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
a;reel that it shall treat all information provided to it by City("City Infornmation")as confidential and shall
not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Consultant shall store and maintain City Infonnation in a secure
mariner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall notify City iminediately if the security or integrity of any City
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Information has been compromised or is believed to have been compromised, in which event, Consultant
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGFIT TO AUDIT.
Consultant agrees that City shall, until the expiration of three (3) years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents,papers and records,
including, but not limited to, all electronic records, of Consultant involving transactions relating to this
Agreement at no additional cost to City. Consultant agrees that City shall have access during normal
working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section.City shall give Consultant
reasonable advance notice of intended audits.
7. INDEPENDENT CONTRAC'T'OR.
It is expressly understood and agreed that Consultant shall operate as an independent contractor as
to all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Consultant shall leave the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Consultant acknowledges that the doctrine of resTondew sul)erior shall not apply as
between City, its officers, agents, servants and employees,and Consultant, its officers,agents, employees,
servants, vendors and subcontractors. Consultant further agrecs that nothing herein shall be construed as
the creation of a partnership or joint enterprise between City and Consultant. It is further understood that
Citv shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers,agents,
servants,employees or subcontractors of Consultant. Neither Consultant,nor any officers,agents,servants.
employees or subcontractors of Consultant shall be entitled to any employment benefits from City.
Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, ItiCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, if WETHER REAL OR
ASSERTED, TO THE EXTENT C9 USED BY THE NEGLIGENT ACTS) OR OAIJSSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,
AGENTS,SER6ANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HAR'IILESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S
BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING
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DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR LA' CONNECTION {PITH THIS
AGRE ;YIENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONSULTANT,ITS OFFICERS,AGENTS,SER 6 ANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Consultant agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Consultant bears the cost and expense of payment for claims or actions
against City pursuant to this section, Consultant shall have the right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however,City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Consultant in doing so.In the event City,for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Consultant shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Consultant timely written notice of any such claim or action, with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses shall not eliminate Consultant's duty to indemnify City under this
Agreement. If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially
adversely restricted, Consultant shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the software and/or documentation;or(c)replace
the software and/or documentation with equally suitable, compatible, and functionally equivalent
non-infringing software and/or documentation at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Consultant terminate this Agreement, and refund
all amounts paid to Consultant by City, subsequent to which termination City may seek any and all
remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assii_mrnent. Consultant shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants cogent to an
assigtunent, the assignee shall execute a written agreement with City and Consultant under which the
assignee agrees to be bound by the duties and obligations of Consultant under this Agreennent. Consultant
and Assignee shall be jointly liable for all obligations of Consultant under this Agreement prior to the
effective date of the assignment.
9? Subcontract. if City grants consent to a subcontract, the subcontractor shall execute a
written agreement with Consultant referencing this Agreement under which subcontractor shall agree to be
bound by the duties and obligations of Consultant under this Agreement as such duties and obligations may
apply. Consultant shall provide City with a fully executed copy of any such subcontract.
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10. INSURANCE.
Consultant shall provide City with certificatc(s)of insurance documenting policies of[lie following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverai�ye and Limits
(a) Conunercial General Liability:
S 1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Consultant, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
S500,000- Bodily Injury by disease; policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Conunercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear. The term City shall
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include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum ole Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Teri(10)days' notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street, Fort Worth,Texas 76102, with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A-VII in the current
A.M. Best hey Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(t) Certificates of Insurance evidencing that Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
comiection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations.If City notifies Consultant of any violation of such laws,ordinances,rules
or regulations,Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself;its personal representatives,assignis,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIi<1INATION COVENANT BY CONSULTANT, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,
CONSULTANT AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND
CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
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Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2) delivered by facsimile with electronic confirmation of the transmission, or(3) received
by the other party by United States Mail, registered, return receipt requested,addressed as follows:
To CITY: To CONSULTANT:
City of Fort Worth Gov1-IR USA, LLC
Attn: Fernando Costa, Assistant City Manager Fleidi Voorhees,President
200 Texas Street 630 Dundee Road, Suite 130
Fort Worth, TX 76102-6314 Northbrook, 1L 60062
Facsimile: (817) 392-864 Facsimile: 866-803-1500
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Consultant shall, during the term of this Agreement and additionally for a period
of one year atter its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the terni of this Agreement,without
the prior written consent of the person's emplover. Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Consultant to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING L.AW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If airy action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in"Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
18. SEVERABILITY.
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If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Consultant shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, tires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any govertunental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONI`ROLLING.
Headings and titles used in this Agreement arc for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C.
22. AMENDMENTS/ MODIFICATIONS/EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Consultant, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a high quality and conforni togenerally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days ti-om
the date that the services are completed. In such event, at Consultant's option, Consultant shall either (a)
use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,
or(b) refund the fees paid by City to Consultant for the nonconforming set-vices.
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26. IMMIGRATION NATIONALITY ACT,
Consultant shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Consultant shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Consultant employee who is not legally eligible to perform such services.
CONSULTANT SHALL INDEIIINIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLA'T'IONS OF 'PHIS PARAGRAPH BY
CONSUL'T'ANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Consultant, shall have the right to inunediately terminate this
Agreement for violations of this provision by Consultant.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this A��reement (collectively, "Work Product"). Further,City shall be the sole and exclusive owner
of all copyright, patent. trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof. is
not considered a "work-trade-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent, trademark, trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of Citv.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agrccment on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hercto,
may be executed by any authorized representative of Consultant whose name, title and signature is affixed
on the Verification of Signature Authority Forel, which is attached hereto as Exhibit "C". Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. CHANGE IN CONIPANY" NANIE OR OWNERSHIP
Consultant shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining* updated City records. The president of Consultant or
authorized official must sign the letter. A letter Indicating changes in it company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents tiled with the
state indicating such change,copy of the board of director's resolution approving the action,or an executed
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merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Govermnent Code,
the City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terns"boycott Israel"and"company" shall have the meanings
ascribed to those terms in Section 805.001 of the Texas Government Code. By signing this Agreement,
Consultant certifies that Consultant's signature provides written verification to the City that
Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on the
dates set forth below.
(si,-nature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTII:
CONTRACT COMPLIANCE IUANAGER:
By signing 1 acknowled- that I am the person
responsible for the monitoring and administration of
By. �401"6/4 �� this contract.including ensuring all performance and
Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: By.
Name: Lisa K.Totten
APPROVAL RECOWNIENDED: Title: Administrative Services Coordinator
APPROVED AS TO FORM AND LEGALITY:
By.
Nam( : Richard Zavala
Title: Director,Park& Recreation By.
I
6znn4chard A. McCracken
I ATTEST: Citle: Assistant City Attorney
4
CONTRACT AUTHORIZATION:
'FOR M&C: N/A. Form 1295: N/A
By.
N4 me:
MaqScretary
a r
Title: Cit
CONSULTANT: -
GovHR GSA, LLC i ATTEST:
Name: Heidi Voorhees Name: �
Title: President Title: �( j/I�S�ir3rCse�'L�tpS t�.Y�tiet7�
Date:
Professional Service,Agreement—Executive Search Services age 1 6T1167
GovxR USA,LLC OFFICIAL RECOR&A
CITY SECRETARY
FT. WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall set meetings with the Park and Recreation, Human Resources Department and others
included in the hiring process of a Park and Recreation Assistant Director upon execution of a contract
with the Park and Recreation Department.
The Consultant will
• Develop a recruitment brochure;
• In addition to the major duties/responsibilities included in the position classification and
departmental organizational structure,the Consultant will develop a candidate profile which
reflects critical and pertinent issues.The process shall include input from key internal
departmental stakeholders;
• Develop a recruitment strategy including recommending appropriate advertisement to the Park
and Recreation Departnient;
• Carry out recruitment process;
• Screen all applications and create a recommended candidate list:
• Assist with the interview process;
• Perform appropriate background and reference checks; and
• Outline a proposed schedule for profiling,advertising&recruitment, background screening,
applicant selection and recommendation for interviewing and target time period for candidate
inter iews.
The Park and Recreation Department will have complete authority over the interview process and the
development of the interview questions. All candidate applications will be made available to the City's
interview committee prior to the finalization of a candidate list.
The Consultant will be responsible for:
• Posting the position through local,regional and national channels,journals and publications if
available and appropriate for the Park and Recreation industry.
• Receiving and reviewing resumes of applications, determining that the candidates meet
minimum qualifications and following up with telephone interviews to clarify each applicant's
qualifications and experience.
• The City of Fort Worth values diversity as a means to not only reflect the conununity but to also
be able to embrace different views and ways of thinking. As such, it is expected that Consultant
will provide a diverse group of finalists for consideration.
• Preparing and presenting to the Park and Recreation and Human Resources Departments a
written/etectronic summary of at least S candidates with the most pronusing qualifications and
experience.
• Assisting the Park and Recreation and Human Resources Departments in evaluating these
candidates and furtlier identifying the top candidates for serious consideration and interviews.
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• Conducting in-depth reference checks with individuals to evaluate candidates past job
performance, criminal history, financial background, and any other pertinent tactors.
• Ascertain the strengths and personal dimensions of each candidate and report to the Park and
Recreation and Human Resources Departments.
• Advise the Park and Recreation and Human Resources Departments of any other areas, services.
or important steps to take that are not listed above.
The Consultant will:
• Debrief the interview committee following each candidate interview and identify additional
candidates if necessary.
• Verify selected candidate's educational background, employment record, and any other
information identified in the strategy process.
• Notify applicants not selected
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.The
recruitment process includes the following milestones and deliverables:
Weeks I —2 On-site interviews of City officials and staff, development and
approval of recruitment brochure;
Deliverable: recruitment brochure
Weeks 3 —8 Placement of professional announcements; candidate
identification, screening,
interviews and evaluation by consultant;
I
Week 9 Consultant recommendation to the City of qualified candidates;
Deliverable: recruitment report
Week 10 Selection of candidate finalists by the City; additional
background and reference checks, report preparation and
presentation; and
Deliverable: interview reports including suggested questions
and
evaluation sheets
Week 11 — 12 Interviews of selected finalist candidates; recommendation of
final candidate; negotiation, offer,acceptance and appointment
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EXHIBIT B
PRICE SCHEDULE
Summary of Costs(per recruitment) j ['rice
Recruitment Fee: $14,500
Recruitment Expenses: (not to exceed) $6,000
Expenses include consultant travel, postage/shipping,telephone,
support services, candidate due diligence efforts, copying, etc.
Expenses may be less if 2 or more recruitments are conducted
simultaneously
Advertising $2,5011*
*Advertising costs over$2,500 will be placed only with City's
approval. If less than S2,500, City is billed only for actual cost.
Total: $23,000**
**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
S900.
The above cost proposal is predicated on four consultant visits to the City; 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 S500 per half day and 5950 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
row Id interviews). Any additional consultant visits requested by the City will be billed at S125/hour. $500
For a half day and S950 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.
Payment for Fees and Services
Professional fees and expenses will be invoiced as follows:
lst Payment: t/3 of the Recruitment Fee(invoice sent upon acceptance of our proposal.)
Professional Services Agreement—Executive Search Sm,-ices Page 14 of 16
GovHR USA, LLC
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.
Professional Services Agreement—Executive Search Services Page 15 of 16
GovHR USA,LLC
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Si-nature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Consultant and to execute any agreement,amendment or
change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Consultant.
Consultant will submit an updated Forth within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Con'suJltant.(r��
1. Name: f eidr �� v)—Go r` '�-eS
Position: �rQVSesipc.s�r t J
V U1/1�ccJ�
Signaturree _`,,( ,, 1
?. Nanie: �1 A?*l 9 C/Qalemok4t rl
Position: C�d
Signature
3. Name: V u (Ti4
Position: ��
Sitn7atu
Name:
Signature of President/CEO
Other Title:Date: 3/Z"�'/f q
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Professional Services Agreement— Executive Search Services Patz 16 of 16