HomeMy WebLinkAboutContract 44389CITY SECRETI�? �� �
CONTRQ►C'T N0. �� .� � �.�,�
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 Internal Auditor 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 incoiporated 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 April 22, 2013,
and ending September 30, 2013, 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 ($25,000.00), plus
Reimbursable Expenses as detailed below.
b) Reimbursable Expenses
In addition to any fee due under Subsection (3)(a), City shall reimburse
._-_ . _ ;
--� ,,,.. ��, ��;��-a[�,[��� �EC�IV�� �PR 23 2D13
�([�hr ;; . ��, �
Professional Services Agreement with M���erson���,1V�an�,���� t Center LLC. Page 1 of 17
rc;A �'°�� ��, ��,�� ��,;.�, ,.., � � R E C E I V E D 1�PK 18 2�"i�
R� C E I V E D APR 1$ 2� i� �T. ��ydv'G'd� '�'�;;;r, �,
Consultant at a reasonable and customary rate not to exceed (i) Two Thousand
c)
Dollars ($2,000.00) for actual expenses related to Consultant travel (such as
airfare, lodging, personal car mileage, and a limited per diem) plus (ii} Four
Thousand Dollars ($4,000.00) for actual expenses related to background
checks, 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.
Structure of Pavments
i. The Consultant's fee will be divided into three payments corresponding to
certain project milestones as follows:
a. Execution of Contract
b. Submission of Report of Qualified Candidates
c. Seven Days After Selected Candidate Begins Job
$8,333.00
$8,333.00
$8,334.00
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 information 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.
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 2 of 17
iii. On fi�ll and final completion of the Services, the Consultant shall submit a
final invoice, 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. Hirin� 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 Internal Audit, 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 Pai�ty 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
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 3 of 17
effective date of termination. In the event this Agreement is terminated prior to expiration of the
Term, Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination
6. Independent Contractor. Consultant shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of City. Consultant shall have
exclusive control of and the exclusive right to control the details of the Services performed
hereunder and all persons performing same and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, and subcontractors. The doctrine of
respondeat superror 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. Liabilitv and Indemnification. CONSULTANT SHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY 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 (�I) 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 LIABILITY RESULTING FROM THE SOLE NEGLIGENCE
OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE
OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 4 of 17
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LA WS OF THE
STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTR UED AS A WAIVER OF THE
CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF
TEXAS.
Consultant shall require all of its subcontractors to include in their subcontracts 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
information laws and regulations, including, but not limited to, the Texas Public Information
Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant acknowledges that,
under the Act, the following information is subject to disclosure: 1) all documents and data held
by the City, including infoi7nation 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
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 5 of 17
submit reasons objecting to disclosure. A determination on whether such reasons are sufficient
will not be decided by the City, but by the Office of the Attorney General of the State of Texas or
by a court of competent jurisdiction..
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
performance 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 occui�rence 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. Assi�nment. 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
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 6 of 17
attempted assignment of subcontract without the City's prior written approval shall be void and
constitute a breach of this Agreement.
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
obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly
liable for all obligations under this Agreement prior to the assignment. If the City grants consent
to a subcontract, the subcontractor shall execute a written agreement with the Consultant
referencing this Agreement under which the subcontractor shall agree to be bound by the duties
and obligations of the Consultant under this Agreement as such duties and obligations may
apply. The Consultant shall provide the City with a fully executed copy of any such subcontract.
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 fiilly 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 agreements hereunder a
provision to the effect that the subcontractor 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 involving
transactions to the subcontract, and fiirther that City shall have access during normal working
hours to all subcontractor 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 reasonable advance notice of intended audits.
This section shall survive the expiration or termination of this Agreement.
14. Fiscal Fundin�. 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
poi�tions of the payments herein agreed upon for which funds shall have been appropriated.
15. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue for
said action shall lie in Tai�rant 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:
Susan Alanis, Assistant City Manager
City of Foi�t 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 Emplovees. Neither the City nor Consultant shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment
or employ, whether as employee or independent contractor, any person who is or has been
employed by the other during the term of this Agreement, without the prior written consent of
the person's employer.
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. Minoritv and Woman Business EnterUrise 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. Severabilitv. 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 Maieure. 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 (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such
event.
24. Headin�s not Controllin�. Headings and titles used in this Agreement are for reference
puiposes only and shall not be deemed a part of this Agreement.
25. Review of Counsel. The Parties acknowledge that each Party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that
any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or exhibits 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 17
27. Signature Authoritv. 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 respective Party, and
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 A�reement. 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 ��_ day of ,�� , 2013.
CITY OF FORT WORTH, TEXAS
��
Su lanis
Assistant City M na er
Date Signed: �S 3
ATTEST:
_.�
MERCER PERSONNEL MANAGEMENT
CENTER LLC
Jera . Bailey
Sen o Vice President
Date Signed: y� 22 ' ��
WITNESS:
�:w..�..,�.
� / ��r �� � � �' �4�`
Q�
O� �O
Mary J. Kays " �j �.Q Q M
City Secret' ry �� � o �
P �
�o�Q°a000000°Q�oa �
APPROVED AS TO FORM ��
AND LEGA TY: ������
Denis . McEI
Assistant City torney
No M&C Required
Professional Services Agreement with Mercer Personnel Management Center LLC.
�FFICIAL RECOtdp
�IYY SECREI'AR�
�� e a �A I� 9 �' ��
Page 11 of 17
EXHIBIT A
SCOPE OF SERVICE5
Overview
Consultant will assist the City in conducting an efficient, deliberate recruiting and negotiation
process for a new Internal Audit Director.
■ 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.
Citv Participation Required:
The City will assign personnel from the City Manager's Office, Department of Internal
Audit, 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 Internal Auditor.
Consultant's Duties:
Consultant will:
Conduct on-site interviews and needs assessment in City offices for a period of up
to three days.
Consult with City staff in the City Manager's Office and Department of Internal
Audit as well as other identified stakeholders to learn role and function of Internal
Auditor in relation to the City's vision/mission statements, goals and objectives,
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 12 of 17
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 audit processes, including, but not
limited to, financial audits, operational audits, grant audits, construction-project
audits, information system audits, cost studies, and ad-hoc audit-related services.
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
Citv Participation Required:
The City will assign personnel from the City Manager's Office, Department of Internal
Audit, and Human Resources Department to provide background data (e.g., budget,
organization charts, pension and benefits information) and cooperate in development of
the Position Profile.
Task 3 — Recruiting
Task Summarv'
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 accounting, auditing, and other
public sector professionals and job seekers, including, but not limited to, the
Institute of Internal Auditors; the Auditing Section of the American Accounting
Association; the Association of Government Accountants (AGA); the National
Association of State Auditors, Comptrollers and Treasurers; the Texas
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 13 of 17
Association of County Auditors; the National Association of Black Auditors; the
Association of Latino Professionals in Finance and Accounting; the International
City/County Management Association (ICMA); the National League of Cities; the
Hispanic Human Resources Network; the National Society for Black Public
Administrators; Ascend Pan-Asian Leaders; the American Society of Public
Administration; the Society of Corporate Compliance and Ethics; the Texas
Municipai 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 public and private
sector accounting and auditing 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.
Citv Participation Required:
The City will assign personnel from the City Manager's Office, Department of Internal
Audit, 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 Summarv•
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, s 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.
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.
Citv Participation Required:
The City will assign personnel from the City Manager's Office, Department of Internal
Audit, 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 and background screening 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,
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
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 15 of 17
to evaluate the candidate.
Verify past employment difficulties, if any, including any legal action filed by
or against former employers in relation to the candidate.
Verify finalist candidates' undergraduate and graduate college degrees and
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, criminal background checks (federal, Texas, and
current state of residence), and a driving history report (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.
At least two weeks prior to the date of the first finalist interview, provide City
with an Interview Guide including sample questions and rating forms for use
in interviews with recommendations on specific questions intended to develop
understanding of the finalists' management concepts and competencies as
well as work experience.
At least one week prior to the date of the first finalist interview, provide City
with a written Finalist Summary, including, but not limited to, the following
information for each finalist: 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.
Offer insights and recommendations, if requested, in City's selection of a
recommended and first-alternate candidate for the position of Internal Auditor.
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: Interview Guide. Finalist Summary.
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 16 of 17
Citv Particination Required:
City will:
Assign personnel from the City Manager's Office, Department of Internal Audit,
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.
Select a recommended and first-aiternate candidate for the position of Internal
Auditor or, if no suitable option is presented, work with Consultant to ascertain
what characteristics are missing from the pool of existing candidates.
Task 6— Negotiation and Follow-Up
Task Summarv•
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-altei�nate 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 Internal Auditor, 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 .
Citv Participation Repuired:
The City will direct negotiations, cooperate with first-year foilow-up, and participate in a
new search process, if required.
Professional Services Agreement with Mercer Personnel Management Center LLC. Page 17 of 17