HomeMy WebLinkAboutContract 34025 s
No. k_z_
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: Finance Director
recruitment ("the Search"), all in accord with the Proposal to Recruit a Finance Director,
attached hereto as Exhibit "A." Any conflict between the Proposal and this Agreement shall
be resolved in favor of this Agreement.
2. Services. The Consultant agrees to perform certain services necessary for completion of
the Search, which services shall include the following:
a) Organizational and position analysis
b) Place advertisements in appropriate journals and publications
c) Candidate identification
d) Resume review and screening
e) Preliminary interviews with leading candidates
f) Progress report
g) Detailed reference checks on leading candidates
h) Final report
i) Assist with interviews and negotiations
A complete description of the services to be provided is contained in a proposal from the
Consultant to the City dated August 17, 2006, 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 Fourteen
thousand five hundred dollars ($14,500).
5. Expense Reimbursement. The Consultant shall be entitled to reimbursement for expenses
from the City for such expenses as consultant travel, advertising, sourcing, background
checks, printing/photocopying, postage and delivery, telephone and clerical charges and
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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 Payment. Payments will be made in three (3) equal payments. Consultant
shall submit its first billing upon authorization to proceed, the second billing following the
recommendation of candidates and the final billing upon completion of the process.
Expenses will be invoiced monthly until completion of the assignment.
8. Term. The term of this Agreement shall commence on the issuance of a notice to proceed
at which time the Consultant shall begin work on the Search and shall continue, subject to
the termination provisions of Paragraph 9, until the date that the Consultant completes the
Search. The time of completion of the Search is estimated to be 90 days from the date of
the meeting to develop the Recruitment Profile.
9. Termination. This Agreement may be terminated by the City at any time for cause or for
the convenience of the City by notice in writing to the Consultant. In the event of
termination, the Consultant shall stop work upon receipt of notice of termination and shall
be entitled to compensation for professional service fees and for expense reimbursement to
the date of receipt of notice of termination; and the Consultant shall provide to the City all
work product completed or in progress at such date and communicate such
recommendations and conclusions to the City as may have been formed by such date.
Consultant shall not be entitled to any lost or anticipated profits should the City elect to
terminate this agreement.
10. Insurance. The Consultant shall obtain and maintain the following insurance in the
minimum amounts stated prior to entering into performance of this Agreement:
A. Worker's Compensation Insurance- Statutory
B. Comprehensive General Liability - $250,000 per person/$500,000 per occurrence
C. Property Damage Insurance - $500,000
D. Excess Liability - $1,000,000
City shall be added as an additional insured under the Public Liability and Property
Damage insurance.
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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.
fl All notices required or permitted under this Agreement shall be deemed to have been
given if and when deposited in the United States mail, properly stamped and addressed
to the party for whom intended at such party's address listed below, or when delivered
personally to such party, or by facsimile with a call to confirm receipt. A party may
change its address for notice hereunder by giving written notice to the other party.
g) If the selected candidate (other than an internal candidate) should be terminated within
one year from the date of hire or if the City reasonably determines not to hire a
candidate presented by Consultant, Consultant shall conduct another search as
contemplated herein for no additional professional fee, other than reimbursement of
expenses, which shall not exceed $10,000.
h) Consultant warrants to the City that it has made full disclosure in writing of any
existing or potential conflicts of interest related to the services to be performed
hereunder. Consultant further warrants that it will make prompt disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this Agreement.
i) Consultant shall not disclose any reports, documentation, or evaluations generated
hereunder without the prior written consent of the City.
j) Consultant agrees to indemnify, defend and hold the City, and its officers, agents and
employees harmless from any loss, damage liability or expense for damage to property
or person, including death, to any person, including but not limited to officers, agents,
or employees of consultant or its subconsultants, which may arise out of any negligent
act, error or omission by Consultant in the performance of this agreement. Consultant
shall defend at its own expense any suits brought against the City, its officers, agents,
and employees, or any of them, resulting from such negligent act, error, or omission;
and shall pay all expenses and satisfy all judgments that may be incurred by rendered
against them or any of them in connection therewith resulting from such negligent act,
error or omission.
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Executed this L3day of` , 2006.
The PAR oup
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Dated: , 2006 Cityof For Worth TX
By
Name: Karen L. Montgomery,
Title: Assistant City Manager
Address:
City of Fort Worth
City Manager's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Approved as to Form And Legality:
Assistant &-ty Attorney
ATTEST:
M
Marty Hendrix
City Secretary
THE PAR GROUP CHICAGO
B Paul A.Reaume,Ltd. 100 N.Waukegan Road,Su
(6 / Lake Tluff Illinois 4-1
EL 847/234-0045
FAX 847/234-8309
www.parg ro
Celebrating over 30 Years Service
To a National Clientele
August 17,2006
VIA EMAIL
Mr.Richard Hodapp
Assistant Director of Human Resources
City of Fort Worth
1000 Throckmorton Street
Fort Worth,TX 76102
Dear Mr. Hodapp:
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 a
Finance Director. We have been privileged to assist Fort Worth officials in several recruitments over the years, most
recently the Assistant City Manager 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.
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 (IAAO), National Association of Housing and Redevelopment Officials (NAHRO),
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City of Fort Worth,Texas page 2
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 invite you to visit our web site at www.pargroupltd.com for additional information on The PAR Group and its
consulting staff.
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 Finance Director 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 Finance Director 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 Finance Director position.
Interview data will be used to prepare a Recruitment Profile for approval by the City Manager.
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 positions 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.
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.
Assisting in the Achievement of Excellence in the Public Service Since 1972 �U l� � L �,u
City of Fort Worth,Texas page 3
10. Provide, if desired, personality "type" profiles of the Finalist Candidates utilizing the recognized Myers-Briggs
Type IndicatorO (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.
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 Consultant Staff
All services in connection with this assignment will be performed by individuals who possess recognized municipal
experience and broad executive selection judgment. Heidi Voorhees, Vice President, will be responsible for and directly
involved in your assignment. Ms. Voorhees conducted the recent Assistant City Manager recruitment and will serve as
Lead Consultant for this recruitment.
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. We are pleased to offer a reduction of our normal professional fee to the City as a recent Client. Our
fee proposal for conducting Fort Worth's Finance Director recruitment would be:
• Professional fee $14,500
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Assisting in the Achievement of Excellence in the Public Service Since 1972 C TV M IVA"""Y
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City of Fort Worth, Texas page 4
• 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:
• 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 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 Finance Director, at the request of City Officials or
the Finance Director'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
Finance Director recruitment assignment. We enthusiastically look forward to having the opportunity to assist you in this
very important staffing responsibility.
Respectfully submitted,
Robert A. Beezat,President
The PAR Group
Paul A. Reaume,Ltd.
ACCEPTED BY TE CITY OF FORT WORTH,TEXAS
BY: A4,e AEItOVED AS 0 FORM AND LEGALITY:
Karen L. Montgomery,
TITLE: Assistant City Manager
DATE: � Assistant &ty Attorney
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Assisting in the Achievement of Excellence in the Public Service Since 1972 ��1 V�!D,