HomeMy WebLinkAboutContract 37058CITY SECRETARY
PROFESSIONAL SERVICES AGREEMENTCONTRACT No32052
EXECUTIVE SEARCH SERVICES
This Agreement is made by and between the City of Fort Worth, TX ("the City") and Slavin
Management Consultants ("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: Police Chief and
Transportation/Public Works Director recruitment ("the Search"), all in accordance with
the Proposal to Recruit a Police Chief and Director of Transportation and Public Works,
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
fl 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 March 19, 2008, which is referenced above as Exhibit "A" and
is incorporated herein for all purposes.
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 joint 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 Thirteen thousand
eight hundred thirty dollars $13,810 for the Police Chief search and $12,910 for the
Transportation/Public Works Director search ($26,720 for both searches combined).
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
any optional services requested by the City. Expenses shall not exceed six thousand two
hundred fourteen dollars and fifty cents for each search (twelve thousand four hundred and
twenty-nine dollars for both searches combined). Advertising costs will be paid directly by
the City.and;,shall not exceed three thousand dollars per search (six thousand dollars
City of F ortWorth ?JI S!�vi � Management Consultants 0 5 - 0 8 - 0 8 A 10 13
Executive Search "Pt6pos61 Police Chief and Transportation/Public Works Director
IN
combined for both searches) 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. For each search, payments will be made in three (3) equal payments
of 30% and one (1) payment of 10%. Consultant shall submit its first billing upon
authorization to proceed, the second billing at the end of thirty days, 30% at the end of
sixty days and the remaining 10% shortly after the time the new Police Chief or
Transportation/Public Works Director accepts employment with the City. Each invoice will
be payable upon receipt for professional services. Expenses will be billed (monthly) in
addition and shown as a separate figure 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
through 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 Limits
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.
11. Miscellaneous.
a) The entire agreement between the parties with respect to the subject matter hereunder
is contained in this Agreement plus any attachments hereto.
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.
).. This Agreement shall be modified only by a written Agreement duly executed by the City
City of Fort Worth / Slavin Management Consultants
Executive Search Proposal— Police Chief and Transportation/Public Works Director
Page 2 oT 4
d) Should any of the provisions hereunder be found to be invalid, void or voidable by a
court, the remaining provisions shall remain in full force and effect.
e) This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. Venue shall lie exclusively in Tarrant County, Texas.
f) All notices required or permitted under this Agreement shall be deemed to have been
given if and when deposited in the United States mail, properly stamped and addressed
to the party for whom intended at such party's address listed below, or when delivered
personally to such party, or by facsimile with a call to confirm receipt. A party may
change its address for notice hereunder by giving written notice to the other party.
g) If the selected candidate (other than an internal candidate) should be terminated within
two years 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.
[Signature Page Follows]
City of Fort Worth / Slavin Management Consultants
Executive Search Proposal- Police Chief and Transportation/Public Works Director
Page 3 of 4
Executed this (Y day of I )
Dated: , 2007
to Form And Legality:
Attorney
ATTEST:
City Secretary
2008.
�Slavn Management Consul�tjants
Ey
Title
Address:
el Ve
7
City of Fort Worth, TX
Karen L. Montgomery
Title: Assistant City Manager /CFO
Address:
City of Fort Worth
City Manager's Office
1000 Throckmorton St.
Fort Worth, TX 76102
^^ [Exhibit Follows]
City. of Fort Worth;/:'Slavin Management Consultants
Executive Search Proposal- Police Chief and Transportation/Public Works Director
Page 4 of
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M&C Request Review
Page 1 of 2
17net City of •rt Worth Em • • - -
Sian r,cuun
�ouncn
DATE: 4/22/2008
CODE: C
F 3RT VV0
ir
Directory ACToday Employee Classifieds Pmo IT Online Departments
REFERENCE NO.: *C-22769
TYPE:
CONSENT
LOG NAME:
PUBLIC
HEARING.
Print M&
14SLAVINRECRUIT
SUBJECT: Authorize Execution of a Contract with Stavin Management Consultants for Executive
Search Consultant Services for Police Chief and Transportation/Public Works Director
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Stavin
Management Consultants, for executive search consultant services for the recruitment and selection of
a Police Chief and a Transportation/Public Works Director. The Police Chief search will be performed
for an amount not to exceed $13,810 for professional services and $9,214.50 for related expenses and
advertising. The Transportation/Public Works Director search will be performed for an amount not to
exceed $12,910 for professional services and $9,214.50 for related expenses and advertising.
DISCUSSION:
This consulting group was chosen due to their recent work with the City Auditor recruitment in 2007. In
addition, the consultant has given the city a discount for simultaneously performing the search for both
positions. The consultant will provide the following services:
Development of Recruitment Specifications - The consultant will meet with key city staff to define the
position requirements, candidate qualifications and current issues. The information gathered will be
used to draft a Recruitment Profile, which will be used to conduct a preliminary screening of job
candidates.
Recruiting - A directed campaign will be conducted to identify candidates whose backgrounds and
experiences closely fit the desired candidate criteria including:
1) Informational mailings to key associations/organizations throughout the country;
2) Selected advertising through national publications and selected professional associations;
3) Network and direct inquiries with professional sources that are knowledgeable in the field; and
4) Use of experience, contacts and file data from previous searches in this field of expertise.
Screening -Preliminary screening will be based on the developed criteria and information contained in
resumes and the consultant's knowledge of the people and the organizations in which they
work. Interviews and background inquiries will be conducted with the most promising candidates to
gain a better understanding of their backgrounds. A progress report listing information on the leading
candidates will be developed and submitted to key city staff for review and discussion. Candidates for
the next phase of the process will be identified from this group.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=9541&CouncilDate=4/22/2008 5/8/2008
M&C Request Review
Page 2 of 2
Candidate In -Depth Evaluation and Reference Check - The consultant will conduct an in-depth
interview with each of the semi-final candidates. Additionally, the consultant will verify degrees and
certifications, conduct credit/criminal/civil litigation/motor vehicle record checks and other relevant
information. A list of several finalists will then be presented to key city staff for review and approval.
Final Reporting of Finalists - The consultant will provide a detailed written report and evaluation of the
final candidates and assist in the candidate assessment process.
Guarantee — Slavin Management Consultants guarantees its selection process by promising that if the
selected candidate is an external candidate and should voluntarily resign or be terminated within the
first two years from the date of hire, it will redo the search for no additional professional fees.
Estimate of Time -The in-depth recruitment process takes approximately 60 to 90 days to develop the
recruiting brochure, conduct a national recruiting campaign, interview and evaluate candidates and
conduct final selection interviews. However, the actual timeline may be modified to meet the City's
needs.
Cost -The total professional search fee for the recruitment of the Police Chief is $13,810 plus expense:
associated with the search, not to exceed $9,214.50 for travel, advertising, long distance telephone
charges, postage and such charges as may be approved by key city staff. The total professional
search fee for the recruitment of the Transportation/Public Works Director is $12,910 plus expenses
associated with the search, not to exceed $9,214.50 for travel, advertising, long distance telephone
charges, postage and such charges as may be approved by key city staff. The cost of this recruitment
will be paid through current departmental funds and through salary savings created by the Police Chief
and Transportation/Public Works Director vacancies.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
TO Fund/AccountlCenters
Submitted for City Manager's Office bv
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GG01 539120 0201000
GG01 539120 0351000
Karen Montgomery (6222)
Karen Marshall (7783)
Jose Moreno (7772)
ATTACHMENTS
$22,124.50
$23, 024.50
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=9541&CouncilDate=4/22/2008 5/8/2008