HomeMy WebLinkAboutContract 45716 ary SEC
CONTRACT NO.
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 JUN 3 0 2014
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 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.
iii. On full and final completion of the Services, the Consultant shall submit a
final invoice, including all previously authorized reimbursed expenses
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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,
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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 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 ANYAND ALL PERSONS, OFANYKIND
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 ANYAND
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 MAYRELATE TO,ARISE OUT OF, OR BE OCCASIONED BY(]) CONSULTANT'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(rr)ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCOND UCT OF CONSUL TANT,
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 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 IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
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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
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 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
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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 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.
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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 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.
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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 termination 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, performance, or attempted performance of this
Agreement,venue for said action shall lie in Tarrant County,Texas.
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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 Jerald W. Bailey
City of Fort Worth Mercer Personnel Management Center, LL
C
1000 Throckmorton St. 3011 Sable Creek
Fort Worth,Texas 76102 San Antonio,Texas 78259
(817) 392-6183 (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 termination, 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.
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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. Headings 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 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 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.
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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 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 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 ` ! (day of_J11116� 2014.
CITY OF FORT WORTH,TEXAS MERCER PERSONNEL MANAGEMENT
CENTER LLC
Fernando Costa jate .Bailey ,
Assistant City Mana er r Vice President
Date Signed: Signed:
A TTEST: WITNESS:
OR
ary J.
Kayser ° °°°°"��
City Secretary
APPROVED AS TO FORM
AND LEGALITY:
Denis C. McElro
Assistant City Att' rney
No M&C Required
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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
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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
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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
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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,
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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 former 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.
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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