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HomeMy WebLinkAboutContract 33122 CITY SECRET gRY CONTRACT NO. �. 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: Assistant City Manager recruitment ("the Search"), all in accord with the Proposal to Recruit an Assistant 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 perforin 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 December 1, 2005, 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 for the 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 J,, T ^�� charges and any optional services requested by the City. Expenses shall not exceed Seven thousand, Seven hundred and Fifty dollars ($7,750.00) 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 Paymeat. 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+&lost or anticipated profits should the City elect to terminate this agreement. 441- 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. "J L PL U JiO 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 parry for whom intended at such party's address listed below, or when delivered personally to such parry, or by facsimile with a call to confirm receipt. A parry may change its address for notice hereunder by giving written notice to the other parry. 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. nn s Executed this day of J1041;'2006. The PAR-Gr By Title ?9i57Sf 10,---v7- Address: /00 1J. WX&-KE6L*,4A1 7?0 iT& LIZ E 3Lu F rL 6,6 04f-' Dated.,�- Vl 'E, 2006 Ci F rth TX By Title Address: Approved as to Form And Legality: Assistant Ci 7Attorney ATTEST: Marty Hendrix 0 City Secretary NO M&C REQUIRED A THE PAR GROUP CHICAGO Paul A. Reaume, Ltd. 100 North Waukegan Road,Suite 211 Public Lake Bluff,Illinois 60044-1694 Management Consultants TEL 847/234-0005 FAX 847/234-8309 Celebrating Over 30 Years Service www.pargroupltd.com to a National Clientele December 1,2005 VIA COURIER DELIVERY Purchasing Division City of Fort Worth Lower Level/Southwest Corner 1000 Throckmorton Street Fort Worth,TX 76102 Dear Sir or Madam: We are pleased to respond to your request for our firm to propose how we can assist the City of Fort Worth in the successful recruitment,screening, interviewing and selection of Candidates from which the City Manager may appoint an Assistant City Manager. We have been privileged to assist Fort Worth officials in several recruitments over the years, most recently the Director of Human Resources recruitment,and would be pleased to again be of assistance. The PAR Group-Paul A.Reaume, Ltd.consults exclusively in the public sector, serving the needs of local government nationwide with corporate offices located in suburban Chicago. The PAR Group was founded by Paul A. Reaume, a former City Manager who provided consulting search services to local governments nationwide continuously for thirty years.Robert A.Beezat, also a former City Manager and long-time associate of Paul Reaume, has succeeded Mr. Reaume as President of the firm. Mr. Beezat is leading the firm forward in the same traditions of excellence and integrity established by Paul Reaume in 1972. Our Principals have over 240 years' cumulative operations and consulting experience in the field of local government, and have conducted a large number and variety of local government and not-for- profit recruitments for a national clientele. Clients have included local governments of under 5,000 to over one million population, with budget responsibilities exceeding several billion dollars. The firm's quality of work and sensitivity to Clients' needs and concerns are recognized hallmarks—our firm was a pioneer in local government recruitment and is considered a leader in the public management consulting field.We have never failed to recommend a group of qualified Candidates for Client consideration. Experience We have conducted executive recruitments throughout the United States and have worked successfully with a wide variety of elected and appointed Officials in local government. For example, we have recently conducted recruitments for the municipalities of Tucson,Arizona;Tallahassee,Florida;Des Moines, Iowa; Kansas City, Missouri; Austin, Dallas, Fort Worth, and San Antonio, Texas. The enclosed Executive Search Client List provides a comprehensive listing of our recruitment clients. -7 Assisting in the Achievement of Excellence in the Public Service Since 1972 City of Fort Worth,Texas page 2 The PAR Group has conducted Assistant or Deputy City Manager recruitments for the following jurisdictions: Santa Ana, California; Government of the District of Columbia; Gainesville, Florida; Champaign, Illinois; Kansas City, Missouri; Dayton, Ohio; Austin, Dallas, and Lubbock, Texas; and several smaller communities across the country. In addition to our extensive experience in recruitment of public management professionals for local governments, our firm has been sought out to assist related public interest associations in recruitment of top staff, including the Executive Directors for the National League of Cities(NLC), National Association of Counties (NACo), National Community Development Association (NCDA), International Institute of Municipal Clerks(IIMC),International Association of Assessing Officers(LAAO),National Association of Housing and Redevelopment Officials (NAHRO), American Public Works Association (APWA), National Association of Regional Councils (NARC), National Forum for Black Public Administrators (NFBPA), and the President of Public Technology,Inc. (PTI). We have a strong record in recruitment of minority and women candidates for public management positions. The following table indicates the number of minority Candidates involved in candidate pools, and the number of minority Candidates appointed in the past five years. Minority Candidates Appointed Minority Candidates Recommended Black Male 6 Asian 20 Black Female 2 Black Male 135 Hispanic Male 6 Black Female 33 White Female 20 Hispanic Male 22 Hispanic Female 7 Pacific Islander 3 White Female 147 We invite you to visit our web site at www.pargroupltd.com for additional information on The PAR Group and its consulting staff. References Representatives of the following organizations can comment on the quality and professional level of services offered by Principals of our firm: Client: City of Austin,Texas Placements: City Manager(1981) Assistant City Manager(2004) Deputy Chief Financial Officer(2004) Budget Officer(2004) Fire Chief(current) Client Contact: Roberta Byram, Employment Services Manager Telephone: 512/974-3423 1 1 ^,rIJ sip; City of Fort Worth,Texas page 3 Client: City of Dallas,Texas Placements: City Manager(1986) Assistant City Manager(1983) Director of Planning(1978) Fire Chief(2000) Director of Housing(2000) Director of Development Services(2002) Director of Water Utilities(2002) Director of Convention and Event Services(2004) Director of Human Resources(2004) Client Contact: Ryan Evans,Assistant City Manager Telephone: 214/670-3300 Client Contact: Joelle Vercher,Personnel Recruitment Assistant Telephone: 214/670-3878 Client: City of San Antonio,Texas Placements: Library Director(2004) Assistant Director of Convention Facilities(2004) Chief Information Officer,San Antonio Water System(2004) Client Contact: Sharon DeLaGarza, Director of Human Resources Telephone: 210/207-6506 Client: DeKalb County,Georgia(665,900) Placements: Director of Public Works(2002) Director of Fire and Rescue(2002) Client Contact: Joe Stone,Director of Human Resources Telephone: 404/371-2332 Client: City of Kansas City,Missouri Placements: City Manager(2002) Assistant City Manager(2) (1994) Fire Chief(2000) City Attorney(1994) Budget and Systems Officer(1994) Director of Codes Administration(1994) Director of Personnel (1994) Director of Environmental Services(1994) Director of Convention and Entertainment Centers(1994) Director of Aviation(2003) Director of Public Works(2003) Director of Finance(2004) Client Contact: Kay Barnes,Mayor Client Contact: Greg Williams,Office of the Mayor Telephone: 816/513-3500 Client Contact: Gary O'Bannon, Director of Human Resources Telephone: 816/513-1928 , i ( City of Fort Worth,Texas page 4 Tailored Search Process Our executive search process is highly professional and personalized. We will assist Fort Worth Officials from commencement to conclusion of the assignment, until a completely acceptable Candidate is appointed to the position. We handle all of the administrative details of the entire recruitment process, so City Officials can limit their involvement to the significant, decision-making aspects of the selection process, thus minimizing interruption of attention to other on-going concerns and responsibilities. Our initial effort in assisting the City of Fort Worth would be to develop a Recruitment Profile that sets forth detailed qualifications for the Assistant City Manager position, reflecting both current and longer range organizational expectations relating to the position. The Profile serves as a key instrument for recruiting and screening Candidates in accordance with the unique needs identified as particularly desirable for Fort Worth's Assistant City Manager position. Our executive search process would be as follows,subject to mutually agreed upon modification: 1. Interview the City Manager, Department Heads, and key Staff, all toward achieving clarity and consensus concerning the specific nature of duties, responsibilities and expectations of the Assistant City Manager position.Interview data will be used to prepare a Recruitment Profile for approval by the City Manager(Sample Recruitment Profile enclosed). During our on-site interview activities we devote significant effort to become knowledgeable and familiar with the municipal organization,community institutions and leadership, gain a sense of the city as a place to live and work, understand intergovernmental activities/relationships, take note of cultural and socioeconomic diversity, and other efforts, all to clearly understand and be able to straightforwardly present prospective Candidates (and their families) with information having an important bearing on their decision to consider the Fort Worth position. Our recent recruitment in Fort Worth provides a good basis for this effort. 2. Conduct an intensive independent professional search and recruitment effort, utilizing an extensive local, regional and national contact network,seeking out qualified Candidates who may not otherwise have an interest in your recruitment. 3. Place announcements in appropriate professional publications and on the internet to provide maximum exposure of the position's career opportunity and to ensure an open recruitment process. 4. Process all applications received from recruitment and announcement efforts, including timely acknowledgments of receipt of application and status of recruitment information to all Applicants, on behalf of the City. 5. Screen all applications received, matching all Applicants' credentials with the specific criteria qualifications stated in the Recruitment Profile. City of Fort Worth,Texas page 5 6. Interview prospective Final Candidates and make background inquiries and reference checks with current and past employers and verify claimed educational achievement. 7. Present a written report to the City Manager on applications received for the position, including resumes and background information on those individuals considered to be most qualified and best suited for the position, recommending approximately 8 - 10 such persons for personal interview consideration. 8. Facilitate the selection of Candidates to be invited for personal interview and appointment consideration;we recommend that no fewer than five Candidates be interviewed. 9. Arrange for additional background inquiries of Candidates selected for interview, to include criminal court,credit,and motor vehicle records checks and print media searches,as desired. 10. Provide,if desired, personality"type" profiles of the Finalist Candidates utilizing the recognized Myers-Briggs Type Indicator®(MBTIO)Test and analysis. The MBTI results provide a means to assist the City Manager in making distinctions and understanding differences of management and personal style among Candidates. The MBTI has been employed by a wide variety of users in business, government, and training services for 40 years as a recognized tool to assist organizations to appreciate the differences of individuals and their approaches to work and interaction. MBTI results are also used in organizations to help understand and adapt to different management styles and approaches to work methods, assist in making the most of human resources, and facilitate more effective communications with peers, employees, and supervisors. 11. Prepare interview questions and procedure for use by the City Manager's Interview Panel, developing a process which will ensure that the same questions are asked of each Candidate and that each interview is thoroughly and consistently evaluated. 12. Coordinate arrangements for Candidates' travel to Fort Worth for interviews,be present during interview sessions to facilitate effective discussion and deliberation toward the City's selection of a Final Candidate, and also assist in employment negotiation between the Final Candidate and City Officials,as desired. 13. Notify all Applicants of the final appointment action by the City Manager, including professional background information on the successful Candidate. This process provides formal written reports to City Officials at the Candidate recommendation and interview stages. Interim status reports will be provided during the course of the recruitment via teleconference or letter.Our recruitment process normally requires three site visits by our consultants:to conduct recruitment profile interviews; to present recommended candidates; and at interview sessions. Fees and expenses quoted in this proposal are based on this premise. r,r i ' City of Fort Worth,Texas page 6 Timing We are prepared to undertake your assignment in a timely manner. The Recruitment Profile will be submitted for review and approval promptly following our on-site interviews of Fort Worth Officials and Staff. We would be in a position to recommend Candidates to the City Manager for personal interview consideration within 60 days following approval of the Recruitment Profile.Personal interview of Candidates could be conducted approximately ten days following the City Manager's selection of Candidates for interview. Overall, the recruitment process—from the beginning to the date of appointment of a Candidate—should take no more than 90 days. Experienced Consulting Team All services in connection with this assignment will be performed by individuals who possess recognized municipal experience and broad executive selection judgment. Robert Beezat, President, and Heidi Voorhees, Vice President, will be responsible for and directly involved in your assignment. Mr. Beezat will serve as Lead Consultant for this recruitment. Biographies of these persons are enclosed.Mr. Beezat is currently engaged in two recruitments for Directors of Finance and has been assigned two additional recruitments which have just been awarded to The PAR Group. Ms. Voorhees is currently conducting two Village Manager recruitments and one recruitment for a Director of Public Works. Fees and Costs Our professional fee for conducting a comprehensive, successful, and professionally oriented executive recruitment has been established at levels to be justifiable for public management recruitment paid for by public taxing bodies, our exclusive Clientele. Our fee proposal for conducting Fort Worth's Assistant City Manager recruitment would be: • Professional fee $15,000 • Reimbursable expenses(consultant travel, $4,500 postage/shipping, telephone/fax,office support services,printing/photocopy) • Education verification and $125 per Finalist Candidate court/credit/motor vehicle records searches • Print media searches(Lexis-Nexis) $40 per Finalist Candidate Optional services: • Conduct of focus groups(see step 1 above) $800 per day, per Consultant involved • Myers-Briggs testing(see step 10 above) $200 per Candidate Professional announcements are generally billed to the City directly by publishers and are not included in reimbursable expenses. Our Consultants will be pleased to discuss your budget for professional announcements along with our recommendations. Candidate travel expenses for interviews _. _. City of Fort Worth,Texas page 7 are not included in the above fee proposal. The professional fee is payable in three equal payments, billed during the course of the recruitment, with the first payment for professional services due upon acceptance of our proposal, the second statement billed following recommendation of Candidates, and the final one-third billing upon completion of the recruitment assignment. Reimbursable expenses may be billed on a monthly basis. Satisfaction Policy Our Client satisfaction policy provides that, should the appointed Assistant City Manager, at the request of City Officials or the Assistant Manager's own determination, leave the employ of the City within the first 12 months of appointment, we will, if desired, conduct another search for the cost of expenses and announcements only. In addition, in accordance with the policy of our firm, as well as established ethics in the executive search industry, in recognition of our Client relationship with the City of Fort Worth, we will not recruit employees from your organization for other public management positions without your knowledge or permission. This letter of proposal, when approved and signed, shall constitute an Agreement between us and it may not be modified except in writing by both parties. Our liability, if any, shall not be greater than the amount paid to us for professional services rendered. Fort Worth City Officials can be assured of responsive and personalized professional attention. throughout the Assistant City Manager recruitment assignment. We enthusiastically look forward to having the opportunity to assist you in this very important staffing responsibility. Respectfully submitted, 44,,�44' X20�all' Robert A.Beezat,President The PAR Group Paul A.Reaume,Ltd. ACCEPT BY HJEITY OF FO RTH,TEXAS BY: TITLE: DATE: THE PAR GROUP y J v Paul A. Reaume, Ltd. -"