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HomeMy WebLinkAboutContract 45716 (2)CITY SECRETARY CONTRACT NO. t71 It AGREEMENT FOR PROFESSIONAL SERVICES • THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and MERCER PERSONNEL MANAGEMENT CENTER LLC, a Texas limited liability company, acting by and through its duly authorized Senior Vice President — an authorized affiliate of Mercer Group Inc., a Georgia corporation ("Consultant"). 1. Services. a) Consultant will, with good faith and due diligence, assist the City in recruiting and hiring a highly qualified individual to serve as Director of the Water Department for the City of Fort Worth. In particular, Consultant will perform all duties outlined and described in the Scope of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes as though it were set forth at length. The actions and objectives contained in Exhibit "A" are referred to herein as the "Services." b) Consultant shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Consultant shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. 2. Term. Services shall be provided by Consultant for a term beginning June 23, 2014, and ending December 31, 2014, unless terminated earlier in accordance with Section 4 of this Agreement. This Agreement may be renewed for up to two additional six-month periods by mutual written agreement of the Parties. 3. Compensation. a) Fee As full and complete compensation for all Services described above, Consultant shall be paid a fee of Twenty -Five Thousand Dollars ($25,000.00), plus Reimbursable Expenses as detailed below. b Reimbursable Expenses In addition to any fee due under Subsection (3)(a), City shall reimburse RECEIVED AN 3 0 Jfl4 Professional Services Agreement with Mercer Personnel Management Center LLC. Page 1 of 17 Consultant at a reasonable and customary rate not to exceed (i) Three Thousand Dollars ($3,000.00) for actual expenses related to Consultant travel (such as airfare, lodging, personal car mileage, and a limited per diem) plus (ii) Five Thousand Dollars ($5,000.00) for actual expenses related to background checks, brochure development, placement of advertisements, and printing, photocopy, and mailing (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. c) Structure of Payments i. The Consultant's fee will be divided into three payments corresponding to certain project milestones as follows: a. Execution of Contract $8,333.33 b. Submission of Report of Qualified Candidates $8,333.33 c. Seven Days After Selected Candidate Begins Job $8,333.34 Incurred Reimbursable Expenses will be paid in conjunction with the listed fee payments. ii. Following completion of each of the listed milestones, the Consultant shall provide the City with a signed fee invoice summarizing (i) the portion of the Services that has been completed and (ii) the Reimbursable Expenses that have been incurred and requesting payment In submitting invoices, Consultant shall provide copies of receipts for all Reimbursable Expenses 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 infoiuiation to the extent the same is available. Invoices shall be submitted to Scott Mitchell, 1000 Throckmorton, Fort Worth, Texas 76102. Invoices are due and payable within 15 days of receipt. iii. On full and final completion of the Services the Consultant shall submit a final invoice, including all previously authorized reimbursed expenses Professional Services Agreement with Mercer Personnel Management Center LLC. Page 2 of 17 pursuant to "Reimbursable Expenses," and City shall pay any balance due within 15 days of receipt of such invoice. iv. 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. v. 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. 4. Hiring of Additional Candidates. If, prior to the first anniversary of the effective date of this Agreement, the City hires any candidate who was presented by the Consultant to serve in a position other than the Director of the Water Department, the City agrees to pay the Consultant an additional fee of Ten Thousand Dollars ($10,000.00) for each such candidate hired, provided, however, that the City's cumulative monetary obligation to the Consultant for all fees and Reimbursable Expenses under this Agreement shall not exceed Forty -Eight Thousand Dollars ($48,000.00). 5. Termination Either Party may terminate this Agreement at any time, with or without cause, by providing the other Party with thirty (30) days' written notice of termination. In the event this Agreement is terminated prior to expiration of the term, City shall pay Consultant only for Services actually rendered and Reimbursable Expenses actually incurred as of the effective date of termination In the event this Agreement is terminated prior to expiration of the term, Professional Services Agreement with Mercer Personnel Management Center LLC. Page 3 of 17 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 6. Indenendent 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. 7. 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, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR 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 (I) CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LL4BILITY 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. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 4 of 17 Consultant shall require all of its subcontractors and assignees to include in their subcontracts or assingments a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 8. 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. 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 mfoinuation 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 Professional Services Agreement with Mercer Personnel Management Center LLC. Page 5 of 17 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. 9. Insurance. During the term of this Agreement, Consultant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section as well as any and all other public risks related to Consultant's perfou nance of its obligations under this Agreement Consultant shall specifically obtain the following types of insurance at the following limits: • Errors & Omissions (Professional Liability): If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000.00 per occurrence or claim (2) $1,000,000.00 aggregate Consultant shall promptly provide the City with certificates of insurance that verify Consultant's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Consultant's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Consultant shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. 10. Assignment. Consultant shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 6 of 17 If 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 obhgations 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. 11. Compliance with Law. 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. 12. 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 Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its officers, agents, 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, employees, or subcontractors. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 7 of 17 13. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, 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, 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 ten uination of this Agreement. 14. 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. 15. 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, perfou nance, or attempted performance of this Agreement, venue for said action shall he in Tarrant County, Texas. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 8 of 17 16. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other Party shown below: Fernando Costa, Assistant City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 (817) 392-6183 Jerald W. Bailey Mercer Personnel Management Center, LLC 3011 Sable Creek San Antonio, Texas 78259 (210) 526-9789 17. 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 teuuiination, solicit for employment or employ, excepting for the position of Director of the Water Department for the City, 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. 18. 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 herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Consultant's right to assert or rely on any such term or right on any future occasion. 19. 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. 20. Minority and Woman Business Enterprise Participation. In accordance with the City Code, the City has goals for the participation of diversity business enterprises in City contracts. Consultant acknowledges the goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years Professional Services Agreement with Mercer Personnel Management Center LLC. Page 9 of 17 21. Governmental Powers. Both Parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. 22. 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. 23. Force Majeure. 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 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 24. Headints not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. Review of Counsel. The Parties acknowledge that each Party has had the opportunity for its counsel to review and revise this Agreement and that the nonnnal 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. 26. Amendment. No amendment, modification or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 10 of 1 i 27. Signature Authority. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her ve res ectiPart and p Y� that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. 28. Entire Agreement. This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals on this, the Prday of f L4 , 2014. 1 - CITY OF FORT WORTH, TEXAS "as na a. a Fernando Costa Assistant City Manager Date Signed: Wie)//# ATTEST: ary 'J. Kayser City Secretary APPROVED AS TO FORM AND LEGALITY: Denis C. McElro, Assistant City A'rney No M&C Required MERCER PERSONNEL MANAGEMENT CENTER LLC itt, ay bailey Vice President nior ate Signed: WITNESS: Professional Services Agreement with Mercer Personnel Management Center LLC. Page 1 I of 1? EXHIBIT A SCOPE OF SERVICES Overview Consultant will assist the City in conducting an efficient, deliberate recruiting and negotiation process for a new Director of the Water Department. • • • • • • Task 1 — Establishing Timetable Task 2 — Profile Development Task 3 — Recruiting Task 4 — Preliminary Screening Task 5 — Finalist Interviews Task 6 — Negotiation and Follow -Up Task 1 — Establishing Timetable Task Summary: Establish a timetable for completing the recruiting and hiring process. Consultant's Duties: Consultant will work with assigned City staff to determine timeframes for completing all tasks associated with the Service. City Participation Required: The City will assign personnel from the City Manager's Office, Water Department, and Human Resources Department to review, revise, and finalize timetable. Task 2 — Position Profile Development Task Summary: Develop profile describing the job duties, required qualifications, selection criteria, and compensation/relocation package for the position of the Director of the Water Department. Consultant's Duties: Consultant will: Conduct on -site interviews and needs assessment in City offices for a period of up to one day. Consult with City staff in the City Manager's Office and Water Department as well as other identified stakeholders to learn role and function of Director of the Water Department in relation to the City's vision/mission statements, goals and Professional Services Agreement with Mercer Personnel Management Center LLC. Page 12 of 17 objectives, short and long-term needs and issues, and organizational/managerial structure as well as any specifically required critical qualifications. Develop familiarity with all routine or required processes of the Water Department related to the management and operation of the water and wastewater systems, including, but not limited to, ensuring compliance with federal, state, and local water quality standards; planning and preparing budgets and rates; meeting reporting requirements; and resource planning to meet short term and long term infrastructure and service volume needs. Work with City Manager s Office to develop and finalize the relocation and compensation package for the position. Prepare and submit to the City Manager's Office a draft Position Profile to include, at a minimum, the following information — job description, compensation/relocation package, criteria to be used in screening process (e.g., education, technical knowledge experience, accomplishments, management style, personal traits), and background information about the City. Coordinate with City Manager's Office to revise and finalize Position Profile. Deliverable: Finalized Position Profile City Participation Required: The City will assign personnel from the City Manager's Office, Water Department, and Human Resources Department to provide background data (e.g. budget organization charts, operations information, and pension and benefits information) and cooperate in development of the Position Profile. Task 3 — Recruiting Task Summary: Consultant will conduct advertising and outreach to create awareness of the Position Profile among a broad pool of qualified candidates and to encourage submission of applications for the position. Consultant's Duties: Consultant will: Employ a multitude of online, print, and interpersonal sources to create awareness of the Position Profile among likely pools of qualified candidates. At a minimum, advertise the Position Profile using print and electronic resources of public and private sector groups that cater to water/wastewater and other public sector professionals and job seekers, including, but not limited to, the American Professional Services Agreement with Mercer Personnel Management Center LLC. Page 13 of 17 Water Association; American Water Works Association; Association of Professional Engineers; American Society of Mechanical Engineers; American Institute of Chemical Engineers; national, state, and local water/wastewater operators' associations; the International City/County Management Association (ICMA); the National League of Cities; the National Society for Black Public Administrators, the American Society of Public Administration; the Texas Municipal League, the Texas Workforce Commission; the Mercer Group web site; the Municipal Managers Group; the Texas City Management Association; and LinkedIn. Communicate with City staff and Consultant's contacts in the public and private sector water/wastewater industry as well as public sector management to identify potential applicants and extend invitations to apply to identified individuals including making personal telephone calls to qualified but potentially reluctant candidates (passive candidates). Provide periodic updates to City staff, describing the progress on the recruitment and specific steps to be taken to meet the City's deadlines. Respond to inquiries from potential candidates. City Participation Required: The City will assign personnel from the City Manager's Office, Water Department, and Human Resources Department to suggest potential individual candidates as well as alternate methods of reaching out to pools of qualified potential candidates. Task 4 — Preliminary Screening Task Summary: Conduct resume review and preliminary interviews to identify the most promising candidates and recommend finalists for follow-up interviews by City. Consultant's Duties: The Consultant will: Receive applications from interested candidates. Eliminate candidates who do not meet the minimum qualifications specified in the Position Profile. Conduct preliminary telephone interviews with promising qualified candidates. Analyze candidates based on written application, preliminary telephone interview, and Consultant's independent knowledge, comparing each applicant's background and experience against the Position Profile selection Professional Services Agreement with Mercer Personnel Management Center LLC. Page 14 of 17 criteria in order to identify qualified candidates. Identify prospective candidates who most closely match the criteria in the Position Profile and personally talk with each, closely examining experience, qualifications and achievements in view of the selection criteria and Consultant's professional expertise. Prepare a Report of Leading Candidates, with concise information on each promising candidate, describing educational and employment background and experience and outlining how each rates against the selection criteria from the Position Profile with recommendations on which candidates to consider as finalists. The report will include, but not be limited to, the following information for each candidate being recommended to the City: 1) present position, 2) total years' experience, 3), salary requirements, 4) education, 5) previous positions held, 6) notable projects, 7) management style, 8) skills and abilities, 9) interests, and 10) professional goals. Acknowledge all resumes received and keep candidates informed of their status. Respond to candidate inquiries. Following the selection of the finalists by City, notify all candidates not recommended for personal interview. Provide periodic updates to City staff, describing the progress on the recruitment and specific steps to be taken to meet the City's deadlines. Deliverable: Report on Leading Candidates. City Participation Required: The City will assign personnel from the City Manager's Office, Water Department, and Human Resources Department to review and discuss Report on Leading Candidates and identify finalists to be invited for interview at the City. Task 5 — Finalist Interviews Task Summary: Conduct reference checks on finalist candidates and coordinate and assist with on -site interviews of selected finalists at City offices. Consultant's Duties: Consultant will: Obtain key references from each finalist candidate, including supervisors, Professional Services Agreement with Mercer Personnel Management Center LLC. Page 15 of 17 peers and subordinates. Make detailed and extensive reference checks, speaking directly to identified references and individuals who are now or have previously been in positions to evaluate the candidate. Verify finalist candidates' prior work experience, explaining any item that was not verified due to the item's age or other considerations and noting any items that could not be verified despite Consultant's efforts. Arrange for credit checks and criminal background checks (federal, Texas, and current state of residence) on each finalist candidate. Provide recommendations regarding timing, sequencing, location, setting, format, and conduct of interviews with finalists. Prior to the scheduling of any interviews, thoroughly evaluate the professional accomplishments, strengths and weaknesses, education and other records of the finalists and notify the City immediately of any areas of concern. Coordinate scheduling of all finalist candidate interviews with City staff. Offer insights and recommendations, if requested, in City's selection of a recommended and first -alternate candidate for the position of the Director of the Water Department. Verify past employment difficulties, if any, including any legal action filed by or against foinner employers in relation to the candidate. If the City is not satisfied with the options available after completion of the interviews, further analyze what characteristics are missing from the pool of existing candidates and re -initiate the search process with no further charge other than Reimbursable Expenses. Deliverables: Finalist Summary. City Participation Required: City will: Assign personnel from the City Manager's Office, Water Department, and Human Resources Department to assist with coordination of the interviews. Conduct finalist interviews. Be responsible for paying any reimbursable travel -related costs that are to be provided to the finalists. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 16 of 17 Select a recommended and first -alternate candidate for the position of Director of the Water Department or, if no suitable option is presented, work with Consultant to ascertain what characteristics are missing from the pool of existing candidates. Be responsible for background checks for education, credit and driving history. Task 6 — Negotiation and Follow -Up Task Summary: Assist in negotiations with recommended and/or first -alternate candidate as applicable. Consultant's Duties: Consultant will: If requested, assist in negotiating final details of the compensation and relocation package, benefits, and other conditions of employment with the recommended and/or first -alternate candidate as applicable. If no agreement can be reached with the recommended or first -alternate candidate, as applicable, continue to work with the City Staff to select an alternate candidate, including conducting additional recruiting and screening efforts if required, at no additional cost to the City other than Consultant's Reimbursable Expenses Following the employment of a new Director of the Water Department, provide periodic follow-up communication with the selected individual and the City Manager's Office during the first year of employment and make recommendations for adjustments as needed. If the selected candidate leaves the City's employment prior to the first anniversary of his/her first date of employment, conduct a new search process, at no additional cost to the City other than Consultant's Reimbursable Expenses. City Participation Required: The City will direct negotiations, cooperate with first -year follow-up, and participate in a new search process, if required. Professional Services Agreement with Mercer Personnel Management Center LLC. Page 17 of 17