HomeMy WebLinkAboutContract 48121 OEM 291 City Secretary Contract No. q0-1
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MASTER PROFESSIONAL SERVICES AGREEMENT
Mackenzie Eason & Associates, LLC
This MASTER PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made
and entered into by and between the CITY OF FORT WORTH (the "City"), a home
rule municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager, and Mackenzie Eason & Associates, LLC
("Consultant"), a Texas limited liability company, acting by and through DARIEN
GEORGE, its duly authorized Managing Partner.
1. SCOPE OF SERVICES.
1.1. Search Engagement: The City agrees to engage the Consultant to perform
those services described below, as detailed in Exhibit "A", attached hereto and
incorporated herein for all purposes incident to this Agreement ("the Search"), as may
be agreed upon in a Statement of Work, as later defined and incorporated as an
addendum to the Agreement. If there is any conflict between this Agreement, Exhibit
"A," and the addendums, the terms and conditions of this Agreement shall control.
1.2. Services: The Consultant agrees to perform certain services necessary for
completion of the Search, which services shall include the following:
a) Comprehensive organizational and position analysis
b) Market analysis and creation of a candidate specification
c) Candidate identification and assessment
d) Candidate selection and interview process
e) Offer and negotiation process
f) Integration of candidate into position
g) Final report
The Consultant is retained only for the purposes set forth in the Agreement. Nothing
in this Agreement shall require Consultant to evaluate, advise on, modify, confirm, or
reject such decisions and approvals, except as expressly agreed to in the Search and
each Statement of Work.
2. TERM.
The term of this Agreement shall commence on the last day executed below by each
party ("Effective Date") and shall expire one (1) year from the date of execution, unless
terminated earlier in accordance with Section 4 of this Agreement or otherwise
extended by the parties. This Agreement may be renewed for up to four (4)
consecutive terms of one year each, each a "Renewal Period" by mutual written
agreement of the Parties.
3. COMPENSATION.
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Master Services Agreement CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
3.1. Fee: The City shall pay Consultant in accordance with the provisions of this
Agreement. Consultant shall not perform any additional services for the City not
specified by the applicable Statement of Work unless the City requests and approves
in writing the additional costs for such services. The City shall not be liable for any
additional expenses of Consultant not specified by the applicable Statement of Work
unless the City first approves such expenses in writing. City agrees to pay all invoices
of Consultant within thirty (30) days of receipt of such invoice. Consultant may charge
interest on late payments not to exceed one percent (1%) per month, or, if less, the
highest rate permitted by law. As full and complete compensation for the Consultant's
professional services performed hereunder, Consultant's services under this
Agreement, including any applicable Statement of Work, shall not exceed Two
Hundred Fifty Thousand Dollars ($250,000.00) annually. Payments shall be made in
accordance with subsection 3.4 below.
3.2. Reimbursable Expenses: In addition to any fee due under subsection 3.1, the
City shall reimburse Consultant for actual expenses incurred under each Statement of
Work provided however that all such expenses must be approved by the City in
advance and shall not exceed Eight Thousand Dollars ($8,000) per each Statement
of Work for actual expenses related to Consultant travel (such as airfare, lodging,
personal car mileage, and a limited per diem), background checks, brochure
development, placement of advertisements, and printing, photocopy, and mailing and
any optional services requested by the City (collectively "Reimbursable Expenses").
Personal car mileage will be billed at rates not to exceed standard IRS business
mileage rates in effect at the time of travel. The Consultant shall provide the City with a
listing of expenses by category of expense as a part of monthly billings.
3.3. Compensation for additional services: In the event the City requires services
in addition to those described in Section 1 or Exhibit "A," the City shall make a request
in writing for such additional services. The Consultant shall be compensated at a
negotiated rate plus expenses as set forth in writing.
If the selected candidate (other than an internal candidate) should be terminated within
two hundred seventy (270) days 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 under subsection 3.2, which shall not exceed Five
Thousand Dollars ($5,000) per each Statement of Work.
3.4. Structure of payments: Each Statement of Work shall outline Consultant's fee
to be paid in a total of three (3) equal payments with the first payment equaling one
third (1/3) of the total for the retainer deposit and the last two (2) payments equaling
one third (1/3) of the total due under each Statement of Work. The three (3) payments
shall correspond to project milestones as follows:
a. Execution of Contract
b. Identification of Qualified Candidates or by a stated date within each Statement
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of Work
c. Final Billing Seven Days After Candidate Begins Work at the City
Each invoice shall reference the applicable Statement of Work by addendum number.
Reimbursable Expenses will be billed (monthly) in addition and shown as a separate
figure until completion of the assignment. In submitting invoices, Consultant shall
provide copies of receipts for all Reimbursable Expenses incurred under subsection
3.2 and shall reference the appropriate Statement of Work. If the City requires
additional reasonable information, it shall request the same promptly after receiving the
above information and the Consultant shall provide such additional reasonable
information to the extent the same is available.
Consultant shall request payment of fees and reimbursement of expenses by
submitting an invoice to Monique Schomp, 1000 Throckmorton, Fort Worth, Texas
76102. Invoices are due and payable within 30 days of receipt.
On full and final completion of the Services for a Statement of Work, the Consultant
shall submit a final invoice; including any unpaid reimbursable expenses pursuant to
subsection 3.2 and City shall pay any balance due within 30 days of receipt of such
invoice.
In the event of a disputed or contested billing, only the portion being contested will be
withheld from payment, and the undisputed portion will be paid. City will exercise
reasonableness in contesting any bill or portion thereof. No interest will accrue on any
contested portion of the billing until the contest has been mutually resolved.
Additionally, City is not liable to Consultant for attorney's fees incurred in collection of
any disputed or contested charges.
For contested billings, the City shall make payment in full to Consultant within 60 days
of the date the contested matter is resolved. If City fails to make such payment,
Consultant may, after giving 7 days' written notice to City, suspend services under this
Agreement until paid in full, including interest calculated from the date the billing
contest was resolved. In the event of suspension of services, Consultant shall have no
liability to City for delays or damages caused to City because of such suspension of
services.
In the event the City hires any additional candidates Consultant has presented under a
Statement of Work, within 365 days of submission, the City agrees to pay the
Consultant Twenty-Five percent (25%) of the additional candidate's base salary plus
first year bonuses for each candidate hired by the City up to One Hundred Twenty
Thousand Dollars ($120,000.00) with a cap placement fee of Twenty-Four Thousand
Five Hundred Dollars ($24,500.00) and above One Hundred Twenty Thousand Dollars
($120,000.00) at the standard rate of Twenty percent (20%). However, no additional
fees for any additional candidates hired under this Agreement shall exceed the
maximum annual contract amount of Two Hundred Fifty Thousand Dollars
($250,000.00).
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4. TERMINATION.
4.1. Convenience: Either Party may terminate this Agreement at any time, with or
without cause, by providing the other Party with sixty (60) days' written notice of
termination.
4.2. Fiscal Funding: In the event no funds or insufficient funds are appropriated by
the City in any fiscal period for any payments 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 shall have been appropriated.
4.3. Duties and Obligations of the Parties on Termination: In the event this
Agreement is terminated prior to expiration of the term, City shall pay Consultant only
for Services actually rendered and Expenses actually incurred as of the effective date
of termination. In the event this Agreement is terminated prior to expiration of the
term, Consultant shall continue to provide the City with services requested by the City
and in accordance with this Agreement up to the effective date of termination.
Consultant shall provide to the City all work product completed or in progress at such
date of termination and communicate such recommendations and conclusions to the
City as may have been formed by such date of termination. CONSULTANT SHALL
NOT BE ENTITLED TO ANY LOST OR ANTICIPATED PROFITS SHOULD THE
CITY ELECT TO TERMINATE THIS AGREEMENT.
5. INDEPENDENT CONTRACTOR.
Consultant shall operate hereunder as an independent contractor and not as an
officer, agent, servant, or employee of City. Consultant shall have exclusive control of
and the exclusive right to control the details of the Services performed hereunder and
all persons performing same and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, and subcontractors. The
doctrine of respondeat superior shall not apply as between the City and Consultant, its
officers, agents, servants, employees, or subcontractors. NOTHING HEREIN SHALL
BE CONSTRUED AS CREATING A PARTNERSHIP OR JOINT ENTERPRISE
BETWEEN CITY AND CONSULTANT. It is expressly understood and agreed that no
officer, agent, servants, employee, or subcontractor of Consultant is in the paid
service of City.
6. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
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THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES.
CONSULTANT AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING
DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (1)
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT BY
CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, SERVANTS,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR
SUBCONTRACTORS; OR (II) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS
AGREEMENT; THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY
OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS. IN
THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE
CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF
TEXAS.
Consultant shall require all of its subcontractors and assignees to include in their
subcontracts or assignments a release and indemnity in favor of the City in
substantially the same form as above.
This section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIAL AND PROPRIETARY INFORMATION.
The City acknowledges that Consultant may use products, materials, or methodologies
proprietary to Consultant. The City agrees that Consultant's provision of services under
this Agreement shall not be grounds for the City to have or obtain any rights in such
proprietary products, materials, or methodologies unless the Parties have executed a
separate written agreement with respect thereto. Consultant, for itself and its officers,
agents, servants, employees, and subcontractors, further agrees that it shall treat all
information provided to it by the City as confidential and shall not disclose any such
information to any third party without the prior written approval of the City.
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Notwithstanding the foregoing, Consultant understands and agrees that the City is a
public entity under the laws of the State of Texas, and as such, is subject to various
public information laws and regulations, including, but not limited to, the Texas Public
Information Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant
acknowledges that, under the Act, the following information is subject to disclosure: 1) all
documents and data held by the City, including information obtained from the Consultant,
and 2) information held by the Consultant for or on behalf of City that relates to the
transaction of City's business and to which City has a right of access. If the City receives
a request for any documents that may reveal any of Consultant's proprietary information
under the Act, or by any other legal process, law, rule, or judicial order by a court of
competent jurisdiction, the City will utilize its best efforts to notify Consultant prior to
disclosure of such documents. The City shall not be liable or responsible in any way for
the disclosure of information not clearly marked as "Proprietary / Confidential Information"
or if disclosure is required by the Act or any other applicable law or court order. In the
event there is a request for such information, it will be the responsibility of Consultant
to submit reasons objecting to disclosure. A determination on whether such reasons
are sufficient will not be decided by the City, but by the Office of the Attorney General of
the State of Texas or by a court of competent jurisdiction.
8. INSURANCE.
The Consultant shall carry the following insurance coverage with a company that is
either licensed to do business in Texas or otherwise approved by the City:
a) Commercial General Liability with a combined limit of not less than $1,000,000 per
occurrence.
b) Professional Liability (Errors & Omissions) in the amount of$1,000,000 per claim
and $1,000,000 aggregate limit.
c) Statutory Workers' Compensation and Employers' Liability Insurance requirements
per the amount required by statute.
d) Any other insurance as required by City.
General Insurance Requirements:
a) Each policy of insurance required hereunder shall be written so as to provide the
City with a minimum of thirty (30) days' notice of cancellation or reduction in limits of
coverage provided, however, that ten (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, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City
Attorney at the same address.
b) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas or otherwise approved in advance by the City. All insurers must
have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have
reasonably equivalent financial strength and solvency to the satisfaction of the City's
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Risk Management Division. If the rating is below that required, written approval of
the City's Risk Management Division is required.
c) Any failure on the part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under
this Agreement without the prior written consent of the City. If the City grants consent
to an assignment, the assignee shall execute a written agreement with the City and the
Consultant under which the assignee agrees to be bound by the duties and obligations
of Consultant under this Agreement. The Consultant and assignee shall be jointly
liable for all obligations under this Agreement prior to the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the
Consultant referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of the Consultant under this Agreement as such
duties and obligations may apply. The Consultant shall provide the City with a fully
executed copy of any such subcontract.
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant, its officers, agents, servants, employees, and subcontractors, shall abide by
and comply with all laws, federal, state, and local, including all ordinances, rules, and
regulations of City. It is agreed and understood that, if City calls to the attention of
Consultant any such violation on the part of Consultant or any of its officers, agents,
servants, employees, or subcontractors, then Consultant shall immediately desist from
and correct such violation.
11. NON-DISCRIMINATION.
In the execution, performance, or attempted performance of this Agreement, Consultant
will not discriminate against any person or persons because of disability, age, familial
status, sex, race, religion, color, national origin, or sexual orientation, nor will Consultant
permit its officers, agents, servants, employees, or subcontractors to engage in such
discrimination.
This Agreement is made and entered into with reference specifically to the provisions in
the City Code of the City of Fort Worth prohibiting discrimination in employment
practices, and Consultant hereby covenants and agrees that Consultant, its officers,
agents, servants, employees, and subcontractors have fully complied with all provisions
of same and that no employee or employee-applicant has been discriminated against
by either Consultant, its officers, agents, servants, employees, or subcontractors.
12. RIGHT TO AUDIT.
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Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement and at no additional cost to the City, have access to and
the right to examine any directly pertinent books, documents, papers, and records of
the Consultant involving transactions relating to this Agreement. Consultant agrees that
the City shall have access during normal working hours to all necessary Consultant
facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. The City shall give Consultant
reasonable advance notice of intended audits.
Consultant further agrees to include in all of its subcontractor and assignment
agreements hereunder a provision to the effect that the subcontractor or assignee
agrees that the City shall, until the expiration of three (3) years after final payment
under the subcontract and at no additional cost to the City, have access to and the right
to examine any directly pertinent books, documents, papers, and records of such
subcontractor or assignee involving transactions to the subcontract or assignment, and
further that City shall have access during normal working hours to all subcontractor or
assignee facilities and shall be provided adequate and appropriate workspace in order
to conduct audits in compliance with the provisions of this section. City shall give
subcontractor or assignee reasonable advance notice of intended audits.
This section shall survive the expiration or termination of this Agreement.
13. GOVERNING LAW AND VENUE.
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Texas. Should any action, whether real or asserted, at law or in equity, arise
out of the execution, performance, or attempted performance of this Agreement, venue
for said action shall lie in Tarrant County, Texas.
14. NOTICES.
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 THE CITY: TO CONSULTANT:
City of Fort Worth Name: Mackenzie Eason &
Attn.: David Cooke Associates, LLC
1000 Throckmorton Attn: Darien George
Fort Worth TX 76102-6311 3023 South University Dr. #230
Facsimile: (817) 392-8654 Fort Worth, Texas 76109
Facsimile: (888)596-7943
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With Copy to the City Attorney at same address.
15. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this Agreement and
additionally for a period of one year after its termination or expiration, solicit for
employment or employ, whether as employee or independent contractor, any person
who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the person's employer. This provision shall not apply to an
employee who responds to a general solicitation or advertisement of employment by
either party.
16. NON-WAIVER.
The failure of either party 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
that party's respective right to insist upon appropriate performance or to assert any
such right on any future occasion.
17. DISCLOSURE OF CONFLICTS.
Consultant hereby warrants to the City that Consultant has made full disclosure in
writing of any existing or potential conflicts of interest related to Consultant's provision
of the Services. In the event that any conflicts of interest arise after the execution of
this Agreement, Consultant hereby agrees to make full disclosure to the City in writing
immediately upon learning of such conflict.
18. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not
waive or surrender any of its governmental powers.
19. SEVERABILITY.
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.
20. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties
and obligations as set forth in this Agreement. If either party is unable, either in whole
or part, to fulfill its obligations under this Agreement due to acts of God; strikes,
lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; epidemics; public health crises; earthquakes; fires; floods;
restraints or prohibitions by any court, board, department, commission, or agency of
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the United States or of any state; declaration of a state of disaster or of emergency by
the federal, state, county, or City government in accordance with applicable law;
issuance of a Level Orange or Level Red Alert by the United States Department of
Homeland Security; any arrests and restraints; civil disturbances; or explosions; or
some other reason beyond the party's reasonable control (each a "Force Majeure
Event"), the obligations so affected by such Force Majeure Event will be suspended
only during the continuance of such Event.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have had the opportunity to
review and revise 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 any exhibit hereto.
23. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such
amendment is set forth in a written instrument, which is executed by an authorized
representative and delivered on behalf of such party.
24. NETWORK ACCESS.
Consultant does not require access to the City's computer network in providing services
under this Agreement.
25. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority
to execute this Agreement on behalf of his or her 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(s) hereto may be executed
accordingly. Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
26. ENTIRETY OF AGREEMENT.
This written instrument (together with any exhibits or addenda attached hereto and
any documents incorporated herein by reference) contains the entire understanding
and agreement between the City and Consultant, their assigns and successors in
interest, as to the matters contained herein. Any prior or contemporaneous oral or
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written agreement is hereby declared null and void to the extent in conflict with any
provision of this Agreement.
Executed in multiple originals on this the 4443-ay of , 20iL/4;�,
AGREED: AGREED:
CITY OF RT WORTH, TEXAS: MACKENZIE EASON & ASSOCIATES, LLC
By: By: ---
-- ---------------
Sus n Alanis Darien George
Assistant City Manager Managing Partner
Date: _ g� � J _ _ Date: -_ � ��- ----------
F 0 �
ATTEST: � A EST:
Sri
By: � By:-- -- LMar ys r Name ne 4
City Secretary S Title
APPROVED AS TO FORM AND LEGALITY:
By'
Guillermo (Will) revino
Assistant City Attorney
CONTRACTUAL AUTHORITY PROVIDED BY:
MBC: C-27827
Date: 8-2-2016
Form 1295 Certification No.: 2016-70481
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Exhibit "A"
Scope of Services
This Exhibit "A" is attached to and made a part of that certain Master Professional
Services Agreement between the City of Fort Worth and Mackenzie Eason &
Associates, LLC hereinafter Consultant, (the "Agreement"). Any term used in this
Exhibit shall have the meaning given to that term by the Agreement.
The Scope of Services under the Agreement is described as follows:
a) Consultant shall perform a comprehensive organizational and position analysis
through:
a. Direct dialogue with key-management team and/or staff members (via
face-to-face meetings, phone conversations and e-mails) and,
b. Direct dialogue and interaction with key leaders involved in the process as
well as top notch leaders in the industry who have developed leadership
roles in the community.
c. Direct on-site evaluation of the community through tours, chamber of
commerce, and real estate professionals, as applicable.
d. From client discussions and information provided, Consultant will draft a
written description of the position's responsibilities, reporting and working
relationships, objectives and performance expectations, as well as the
preferred experience, core competencies and personal qualities of the
ideal candidate. Consultant will then begin a more thorough analysis of
the hiring organization, identifying key opportunities for the new executive,
and defining a candidate profile that fits into the corporate culture and
organizational structure of the City.
e. Consultant will perform a deep market analysis and creation of a
candidate specification. The market analysis will outline the competitive
environment and influence the type of executive that Consultant will look
for. Consultant will prepare a document that will be a reference throughout
the entire search process — the candidate specification. The candidate
specification (job description) will contain detailed information about the
role, responsibilities, the hiring client, key opportunities presented by the
by the executive job, and outline career and educational requirements.
b) Candidate identification and assessment
a. Consultant will prepare a strategy that identifies the companies or
organizations most likely to yield the successful candidate as well as in
what position the successful candidate will be e.g. title, role, and reporting
relationship. Location, rank in industry, corporate culture, and company
reputation will be factored into the target list. Consultant will work with the
City to identify companies or organizations that are off limits to the search.
Off limits refers to companies or organizations where the search firm has
an existing client relationship and has agreed not to recruit candidates or
companies that the City would like to avoid.
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b. Using the research strategy as a guide, the names of prospects and
sources within target organizations are identified. This is generally done
by examining company organization charts, often via the Internet or online
databases (such as Linkedln) and researching other sources such as print
publications, Hoovers and Corporate or Industry Affiliations. Within the
executive search industry, the process of creating an industry/function
wide map of talent and long-list of potential candidates is known as 'name
generation' or 'talent mapping'. After Consultant has developed a number
of high potential executives listed, Consultant will begin qualifying the
potential targets and identifying whether they are suitable candidates for
the City.
c. Consultant will produce a Digital Prospectus for each client and search
that is a unique website that includes in-depth information on the client,
organization, town/city, real estate, schools, and the region. This allows
candidates and their spouses to have a full understanding of the
community and client. The digital prospectus can include interviews with
key leadership or videos from the community.
c) Candidate selection and interview process
a. Consultant will reach out to the prospective candidate and perform an
initial screening against the job specifications to evaluate if they are
qualified for the position. Their interest in the position is then assessed. A
series of internal meetings will continue throughout the candidate
identification process and the number of potential candidates will be
reduced to 10 at most. This shortlist is achieved through detailed
interviews that discuss the specifics of the executive job, and explore the
candidates' background, competencies and interest in the role.
b. The list of pre-qualified and interested prospective candidates is reviewed
with the search team and a decision will be made to either generate more
names, perhaps revising the original search strategy, and/or setting up
appointments for in-depth assessments of candidates already identified.
c. The Consultant shall evaluate and screen candidates against the job
specifications through in-depth, conference call, or in-person or video-
conference interviews.
d. Where possible and without jeopardizing the confidentiality of the
candidate's situation, Consultant shall conduct preliminary reference
checks to validate the past performance, and personal characteristics of
each candidate. However, before any candidate is presented to the City,
Consultant will complete basic background checking to verify their
qualifications and executive career background.
e. Consultant shall then prepare a shortlist of prospective applicants to the
City.
f. Consultant shall prepare a written report or Candidate Profile on each
candidate, noting his/her academic credentials, career history, and an
appraisal/assessment of the individual's strengths and weaknesses with
respect to the position spec, and his/her appropriateness as a candidate.
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Also to be noted in the report or Candidate Profile are any 'potential
issues' — e.g., potential relocation issues or the need for a sizeable 'buy-
out package' to keep an individual 'whole' regarding options etc.
g. Consultant shall inform ineligible or rejected applicants of the decision.
h. Consultant shall on a regular basis or at a Progress Meeting, update the
City on the search for candidates.
i. Consultant will present the candidate profiles and refine the short list to a
slate of approximately 4 to 6 strong contenders for the City to meet.
j. Consultant will work with the City to schedule Client-candidate meetings.
k. Consultant will assist the City in narrowing the candidate shortlist to just 3-
5 potential prospective candidates. At this stage the Consultant will begin
thorough reference checks and provide final thoughts on strengths and
weaknesses about each candidate.
I. Consultant will inform the final two/three candidates that they are seriously
being considered for the position. Those eliminated from the search
process will be 'closed out' in a professional and timely manner.
d) Offer and negotiation process
a. Consultant will assist the City with negotiating a salary and benefits
package that is agreeable to both parties.
b. Once a candidate has accepted an offer, the Consultant will move
towards closing out all other prospective candidates.
e) Integration of candidate into position
a. Consultant will assist with the integration (onboarding) of the successful
candidate into the City's workplace.
b. Consultant will also continue to maintain close ties with the City and hired
candidate to ensure long term satisfaction for both parties.
f) Final report
a. Once the successful candidate is on board at the City, the Consultant will
close the assignment in the marketplace by telephoning or sending an
appropriate 'search completed' letter or e-mail to each source, prospect or
candidate contacted during the course of the search.
b. Consultant will prepare a final report to the City outlining the process and
suggested next steps.
Work to be performed under this Agreement shall be procured through a Statement of
Work outlining the scope of services for the particular Search to be performed including
a schedule, proposed fee and other billing terms, and City's responsibility, if any. A
sample of a State of Work is attached hereto.
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Addendum
Statement of Work Sample
This Statement of Work is made as of this day of 201_, under the
terms and conditions established in the MASTER PROFESSIONAL SERVICES
AGREEMENT dated as of , 201_ between the City of Fort Worth and
Mackenzie Eason & Associates, LLC. This Statement of Work is made for the following
purposes consistent with the services defined in the Master Professional Services
Agreement:
Section A. Scope of Services
a) Comprehensive organizational and position analysis
b) Market analysis and creation of a candidate specification
c) Candidate identification and assessment
d) Candidate selection and interview process
e) Offer and negotiation process
f) Integration of candidate into position
g) Final report
Key Tasks:
Deliverables and/or other results of services:
Section B. Schedule:
Section C. Compensation, Reimbursable Expenses, and Billing Terms:
Section D. City's Responsibility:
Section E. Other Provisions:
CITY OF FORT WORTH, TEXAS: MACKENZIE EASON & ASSOCIATES, LLC
By: By:
Name: Name:
Title: Title:
Date: Date:
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