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HomeMy WebLinkAboutContract 40682 CITY SECRETARY CONTRACT NO- A 0 U Sa PROFESSIONAL SERVICES AGREEMENT EXECUTIVE SEARCH SERVICES This Agreement is made by and between the City of Fort Worth, TX ("the City") and The Waters Consulting Group, Inc. ("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: City Attorney recruitment ("the Search"), all in accordance with the Proposal to Recruit a City Attorney, 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) Profile/brochure development and implementation of advertising strategy b) Execution of recruitment strategy and identification of quality talent c) Conduct preliminary screening and initial interviews d) Conduct background interviews and check references e) Recommendation of finalists and prepare final written report A complete description of the services to be provided is contained in a proposal from the Consultant to the City dated July 20, 2010, 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 Twenty-two thousand five hundred dollars ($22,500.00). 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 Eight thousand five hundred dollars ($8,500.00) 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. OFFICIAL RECORD City of Fort Worth / The Waters Consulting Group, Inc. _ i CITY SECRETARY Executive Search Proposal-City Attorney - TFi,TX Page 1 of 4 ,V 1 7. Method of Payment. Payments will be made in four (4) installments; 30% of the fee will be billed at the beginning of the search; 30% at the implementation of Phase II; 30% at the implementation of Phase III; and the final 10% upon acceptance of offer by the candidate. Each invoice will be payable upon receipt for professional services. Expenses are not included in the professional fees and are billed separately as incurred. 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. 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 City of Fort Worth / The Waters Consulting Group, Inc. Executive Search Proposal-City Attorney Page 2 of 4 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 within the first year, as contemplated herein for no additional professional fee, other than reimbursement of expenses, which shall not exceed$10,000. During the second year, the replacement recruitment is reduced to 50% of the professional fee plus expenses. 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. 12. MWBE GOAL. Consultant agrees to meet the 10% MWBE goal established for this Personal Service Agreement. [Signature Page Follows] City of Fort Worth / The Waters Consulting Group, Inc. Executive Search Proposal-City Attorney Page 3 of 4 Executed this eday of USt , 2010. The Waters Consulting Group, Inc. By / r- a. Cam/' >�M - Title il—It.1-1 Address: Dated: , 2010 City of F Worth, TX �/ B ( °// / � U Karen L . ontgom ry Title Assistant City Manager Address: paO'FoR y"n�� ,Q,0�O�p°°opo�� a� 0 00 A roved as to F And Legality: �/�` �° °� ° °�( Id Assista City At e� � nom, d��� o°°oOOOOOQ°°o V 1� . ATTEST: A�Dy. aan 11no���cr Marty HMMX9 bty Swm ► [Exhibit Follows] OFFIC::R]CITY City of Fort Worth / The Waters Consulting Group, Inc. FT, Executive Search Proposal-City Attorney Page 4 of 4 Our understanding of and experience in the public sector coupled with our commitment in developing partnering relationships with our clients are key factors in our long-term success PROJECT OVERVIEW The City of Fort Worth, Texas, is considering the use of a consulting firm to assist with the executive recruitment for its next City Attorney and has requested a proposal describing a work plan and project approach from The Waters Consulting Group, Inc. (WCG). Accordingly, we provide the following information for your consideration. PROFESSIONAL EXPERTISE MAKES THE DIFFERENCE Throughout the assignment, the WCG team will serve as technical advisors to your organization to ensure that the recruitment process is conducted in a professional manner. The objective WCG is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. Due to our extensive professional relationships with hundreds of public sector organizations and prospective candidates nationwide,WCG is positioned to confidently promote your position to prospective candidates as a positive career and personal growth opportunity. Since our firm's beginning, we have emerged as a leader in executive recruitment. It is our 30+ years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. In addition, WCG is positioned as the largest privately-held executive recruitment firm in the nation with a focus on the public sector. This kind of strength will prove to be valuable for your executive recruitment. With any consulting assignment, but particularly with an executive recruitment project,reliable and timely communication is fundamental to project success. At key points during the assignment,WCG consultants will communicate by phone, e-mail, or in person, with appropriate leaders from your organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment process. These regular status reports are important to ensure success with the recruitment assignment. We pride ourselves in the fact that we bring a high level of personal commitment to everything that we do. We get to know our clients — their concerns for success, their strategic goals and their organizational culture. But our intense professional commitment does not stop with our clients. We have candidates who were not selected for positions call to extend compliments and thanks for how they were treated during our recruitments. Many have stated that we provided the best recruitment experience in which they have ever participated. Client satisfaction is important to all organizations, but to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success. ©2010-The Waters Consulting Group,Inc. Page• 2 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG,INC. THIS PROPOISAI.IS NOT TO BE RFPRODI ICED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OR WCG,INC. ROLE OF YOUR ORGANIZATION'S STAFF We have a seasoned staff of professionals to deliver quality services with minimal effort required from you. However, to assist in the project, we ask that your organization designate a Project Manager to serve as WCG's primary contact for the recruitment assignment. Your Project Manager will facilitate such functions as coordinating meeting dates, times, and locations and the review of the draft recruitment brochure and related advertising copy. Our Triple Guarantee is defined as: (1)A commitment to remain with the recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of Finalists,WCG will work to identify a supplemental group until you find a candidate to hire; (2) Your executive recruitment is guaranteed for 24 months against termination for cause. Within the first year, the replacement recruitment will be repeated with no additional professional fee,but only for project-related expenses. During the second year,the replacement recruitment is reduced to 50% of the professional fee plus project-related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. Additional services include a performance appraisal and review after 12 months of service of the appointed candidate, with no professional fee charged to you. If you elect to use this service, the only cost you would incur would be the reimbursement for any project-related expenses; and (3) WCG will not solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. ©2010-The Waters Consulting Group,Inc. Page•3 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,INC. DESCRIPTION OF KE- Y TASKS The following is intended to describe the key tasks associated with our approach to executive recruitment TASK I RECRUITMENT BROCHURE DEVELOPMENT AND ADVERTISING The important first step in the recruitment process involves the development of a comprehensive recruitment brochure with a profile of the ideal candidate, including the required qualifications, professional experience,personal characteristics,and other factors related to success in the position of City Attorney. The recruitment brochure will also have a profile of your community and organization. To prepare the recruitment brochure, the Lead Consultant will come on site to meet with your leadership team to discuss the required background and experiences for the new City Attorney. We will also request organizational charts, budgetary information, operational reports, and other documentation describing the community,organization,current issues,and responsibilities of the position. The draft recruitment brochure will be presented to you for review and final approval/edits prior to its publication and distribution via online and regular mail to prospective candidates. In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates, WCG will work with you to develop an advertising and marketing strategy to notify potential candidates about the vacancy. WCG will provide you with the advertisements and an advertising schedule to place the ads in appropriate professional publications, local newspapers of record and web sites as approved by you. Draft ads will be submitted to your organization for approval prior to publication. WCG has a highly- accessed web site, www.watersconsulting.com, and targeted e-mail (search(&watersconsulting.com). We will use all available resources to communicate directly with prospective candidates. The aggressive advertising and marketing campaign for top talent will include national, state,regional, and local elements as determined during our initial meetings with your organization. Our presence at appropriate public sector conferences will be used to further promote the position. An effective advertising strategy will help to ensure that we conduct an open recruitment with appeal to a diverse array of candidates. WCG will take all necessary steps to protect against discrimination in the screening and selection process. TASK II EXECUTION OF RECRUITMENT STRATEGY AND IDENTIFICATION OF QUALITY CANDIDATES Using the information developed in Task I, WCG will identify individuals who would be outstanding candidates for the position of City Attorney. Often,well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in (0 2010-The Waters Consulting Group, Inc. Page.4 THIS PROWOSAI.CONTAINS PROPRIETARY INFORMATION AND IS THE SOLF PROPERTY OF WCO.INC. THIS PROPOSAL IS NOT TO BF RF,PROIDU(F.D FOR ANY REASON WITH(HT THE WRITTFN CONSENT OF WCi,INC our ability to locate highly qualified candidates across the nation based on our professional contacts and relationships. We have also established networks with minority and female leaders throughout the nation and are proud of our record of placement of minority and female candidates. WCG has adopted a corporate policy of equal employment opportunity and will not participate in any recruitment effort where these principles are not followed. In addition, we are charter members of NFBPA and its Business Advisory Committee and the Hispanic Network. We believe that one of the strengths of the WCG recruitment process is our attention to the candidates during the process. Each candidate submitting a resume is sent a timely acknowledgement by WCG, giving an approximate schedule for the recruitment. Further communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments,which is also provides a positive reflection on your organization TASK III SCREENING OF APPLICANTS AND RECOMMENDATION OF FINALISTS Our recruiting efforts in Task II identify a significant number of applicants, depending upon the position and the availability of candidates with the requisite experience and skills in the marketplace. Task III is where our Lead Consultant screens the candidates against the criteria within the candidate profile and develops a list of Finalists for recommendation to the client. As the Lead Consultant screens the applications, the most promising applicants will receive a candidate questionnaire to complete that will provide additional information about the candidates' background and experience. After reviewing the responses to the questionnaire, the Lead Consultant will send selected resumes and questionnaire responses directly to whomever you select on your staff to assist with the screening process. The Lead Consultant, in consultation with your staff representative, will narrow the list to a group of Finalists for your review and decision. Typically,four to six Finalists are selected for the on- site interviews. TASK IV CONDUCTING BACKGROUND CHECKS,REFERENCE CHECKS AND ACADEMIC VERIFICATIONS Once you approve the group of Finalists for on-site interviews, WCG will begin the process to conduct reference checks, background checks and academic verifications. Contact is then made with selected references and sometimes with others who may know of additional accomplishments and work experiences of the candidates. The purpose of the reference interviews is to allow WCG to complete our understanding of the work experience,professional performance and personal characteristics of the Finalists. For the background checks,WCG will deveop information about the candidates in the following areas: • Consumer Credit • Bankruptcy • County Criminal • State District Superior Court Criminal (0 2010-The Waters Consulting Group, Inc. Page• 5 THIS PROP(SAI.CONTAINS PROPRIF1 ARY INFORMATION AND IS THE SOLF PROPERTY OF WCG.INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCQ INC. • County Civil Litigation • State District Superior Court Civil Litigation • Judgment/Tax Lien • Federal District Criminal • Motor Vehicle • Federal District Civil Litigation To ensure that our quality standards are maintained,we do require a minimum of ten business days between the time that you select the Finalists for on-site interviews and when we send you candidate documentation for your final interview process. TASK V FINAL INTERVIEW PROCESS Upon completion of Task IV,we will work with you to develop the final interview process. We will also send you documentation on each of the finalists, which will provide the highlights of their professional experience and leadership/management profile, and a summary of the results of the reference checks, background checks and academic verifications. In addition, the report will include guidelines for interviewing the candidates, suggested interview questions, and a rating process for your interview panel(s). Our Lead Consultant will participate in final interviews as either an observer or active panel member at your request and will be available to answer questions and assist you in the final evaluation and selection of the successful candidate. In addition,if you request the service,our Lead Consultant will assist you with the development of a compensation package and related employment considerations, and assist with the negotiations. <�)2010-The Waters Consulting Group, Inc. Page•6 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCQ INC. THIS PROPOSAI-IS NOT TO BF REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCQ INC. Below is a preliminary timeline for the City Attorney recruitment process. The final timeline will be based on approval by the City of Fort Worth. CITY OF FORT WORTH, TEXAS EXECUTIVE RECRUITMENT CITY ATTORNEY PRELIMINARY TIMELINE The following Timeline represents a preliminary schedule for the executive recruitment based on a commencement date of August 30,2010. Activity Target Date* • The Waters Consulting Group (WCG) Conducts Interviews to Week of September 13, Develop Candidate Profile and Recruitment Brochure. 2010 • WCG Meets with Mayor/Council to Review Candidate September 28,2010 Profile; Mayor/Council Review and Approve Candidate Profile. • WCG Commences Executive Recruitment Advertising and October 4, 2010 Marketing. • WCG Commences First Formal Review of Applications. November 1, 2010 • WCG Meets with Mayor/Council to Discuss Recommended November 16,2010 Semi-Finalists. Mayor/Council Select Semi-Finalists. • WCG Completes Interviews with Semi-Finalists. November 22, 2010 • WCG Recommends Finalists to the Mayor/Council; December 7,2010 Mayor/Council Select Finalists for On-Site Interviews. • WCG Completes Reference Checks/Background December 14, 2010 Checks/Academic Verification for Finalists. • WCG Sends Final Candidate Books to the Mayor/Council December 15, 2010 On-Site Interviews with Finalists. January 5-7,2010 • Following a Recommendation by the City Manager and Week of January 10, 2010 Approval by the Mayor/Council, an Employment Offer is Extended to Finalist. *Dates in bold are suggested meetings with Mayor/Council AN OVERVIEW OF OUR CONSULTING TEAM WCG places a high priority on meeting the needs of our clients. Therefore,at the outset of the recruitment process, we will tailor our approach to address the issues unique to your organization's working environment. For each recruitment project, we assign a Lead Consultant and a team of support professionals to carry out assignments in an effective and efficient manner. What follows are brief biographical descriptions of the members of our consulting team. CC 2010-The Waters Consulting Group,Inc. Page•8 THIS PROPOSAL.CONTAINS PROPRIFTARY INFORMATION AND IS THE SOLE PROPFRIY OF WCG.INC THIS PROPOSAL IS NOT TO BF RF.PRODUC'FD FOR ANY REASON WITHOUT THE WRITTEN CONSENTOF WCU.MC Charles (Chuck) S. Anderson is the Chief Executive Officer for the Waters-Oldani Recruitment Division within the Waters Consulting Group (WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning,and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas;Executive Director for the Dallas Area Rapid Transit(DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe.His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University's Institute for Public Policy and Social Research. Areas of Expertise • Executive Recruitment • Leadership/Management Development • Organizational Design • Organizational Development Professional Accomplishments and Education Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association(ICMA)and the Minority and Women Advancement Award from the American Public Transit Association (APIA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention)by ICMA. Chuck was recognized in 2007 with the Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. WATERS-OLDANI 0 EXECUTIVE RECRUITMENT A Di\ I,a(„i Th �C'ui�r.l',Hl,ultiti_l 4,,ul,. III, CCU 2010-The Waters Consulting Group,Inc. Page•9 THIS PRO POSA1 CONTAINS PROPRIF-I ARY INFORMAL ION AND IS THE SOLF PROPERTY OF W(Yi,INK THIS PROPOSAL IS NOT TO HE RF.PRODi CED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,INC. The professional fee to conduct the recruitment is provided below. Expenses are not included in the professional fees and are billed separately as incurred. Project-related expenses are approximately $8,500.00. Project-related expenses include such items as: job posting; consultant travel expenses; background checks/assessments; printing and production of necessary materials such as brochures,profiles and final reports;transportation;telephone fees; shipping and postage,and advertising. Advertising fees on various web sites and classified advertising fees in printed publications will be directly billed to the client by the advertising vendors. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of Waters-Oldani and are handled directly by the client organization. The professional fee will be billed in four installments; 30%of the fee will be billed at the beginning of the search; 30%at the implementation of Phase II; 30%at the implementation of Phase III; and the final 10% upon acceptance of offer by the candidate. If candidates from this recruitment process are selected for another position within your organization within one year of the close of the recruitment,a fee of 50%of the above mentioned proposal amount will be due to Waters-Oldani Executive Recruitment. All questions regarding the professional fees and project-related expenses should be directed to Chuck Anderson, CEO of Waters-Oldani Executive Recruitment Division at canderson(a).watersconsulting.com or via phone at 817.965.3911. PHASE DESCRIPTION OF PROFESSIONAL SERVICES Phase I Task 1 —Candidate Profile Development/Advertising/Marketing—Advertising fees will be direct- billed to the client(includes one day on site by Lead Consultant) Task 2—Identify Quality Candidates Phase II Task 3—Screening of Applications and Submission of Recommended Finalists to Client. Task 4—Reference Checks,Background Checks,and Academic Verifications Phase III Task 5—Final Process/On-Site Interviews with Finalists(includes two days on site by Lead Consultant Conclusion I Acceptance of offer by candidate TOTAL PROFESSIONAL FEE $22,500.00 OPTIONAL SERVICES FOR CONSIDERATION FEES Additional work related to the search process and as specifically requested by the client which $1500.00 per day is outside of the scope of this project(i.e.additional onsite meetings)is additional. The fixed plus expenses professional fee for this recruitment anticipates no more than three onsite consulting days with one consultant.However,we would be pleased to provide additional onsite consulting visits for our standard daily rate of$1500 plus expenses (0 2010-The Waters Consulting Group,Inc. Page• 10 THIS PROPOSAI-CONTAINS PROPRIETARY INFORMATION AND IS THE SOLD_PROPERTY OF WCQ IN(' THIS PROPOSAI IS NOT TO BE REPRODUCED FOR ANY REASON WFFHO(IT THE WRITTEN CONSENT OF WCQ INC