HomeMy WebLinkAbout331705 SLAVIN MANAGMENT CONSULTANTS - CONTRACT - RFP - P946 EXECUTIVE SEARCH SERVICESSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Slavin Management Consultants, hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4)
pages, and incorporated herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B",
consisting of one (1) page, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within five (5) days following execution
of this Agreement. Services shall be completed no later than December 31, 2004. Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a writing
signed by the parties.
4. Contract Period. This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect for one
(1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the
Agreement may be extended for an additional period of one (1) year at the rates provided with
written notice to the Professional mailed no later than ninety (90) days prior to contract end.
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PROJECT SCHEDULE
The search process normally takes between sixty (60) and ninety (90) days to complete and
typically follows the following pattern:
11 DAYS
STEPS
1-30
3045
45-60
60-360
1, DEVELOP SEARCH PROCESS, RECRUITMENT PROFILE
AND ADVERTISING PROGRAM FOR CITY COUNCIL AP-
PROVAL
✓
2. IDENTIFY QUALIFIED CANDIDATES, REVIEW DATA BASE,
NETWORK, RECEIVE AND REVIEW RESUMES
✓
✓
3. SCREEN & EVALUATE PROSPECTIVE CANDIDATES
✓
4. PROGRESS MEETING AND REPORT
✓
5. INTERVIEW AND EVALUATE PROSPECTIVE CANDIDATES
✓
✓
6. SUBMIT FINAL REPORT AND RECOMMENDATIONS,
ASSIST IN SELECTION, FACILITATE EMPLOYMENT
✓
7. ESTABLISH EVALUATION CRITERIA AND FOLLOW-UP
✓
Approximately twelve semifinalist candidates are presented to the City Council at the progress
meetings. Generally, about five finalist candidates are presented for interviews with the City
Council.
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EXHIBIT ucn
FEE STRUCTURE
Professional Fees
Our fees are based on a rate schedule that reflects the experience of the individual assigned. We
use a flat fee rate schedule, Therefore, there are no project limitations based on annual salary.
For this assignment we are proposing to use only consultants who have specific experience on
similar assignments for other clients. We will use senior consultants where appropriate and to
reduce the overall cost. We will use staff consultants when feasible. The following tables show
the level of involvement by project step and cost.
PROJECT COSTS
STEPS
ASSIGNED HOURS (Approximate)
Project Consultant Total
Manager
RATE (Hr)
FEES
1. Project Planning/Develop Position Profile!
Prepare and Place Advertising
32
32
75
$2,400
2. Identify & Recruit Candidate/Acknowledge
Resumes
30
30
75
$2,250
35
35
35
$1,225
3. Preliminary Candidate Screening
12
12
75
$900
4
4
35
$140
4. Progress Report to Council/Reduce
Candidate Pool
8
8
75
$600
8
8
35
$280
5. In-depth Candidate Evaluation (Includes
on -site consultant interviews with semi-
finalist candidates)
38
38
75
$2,660
16
16
35
$560
6. Arrange for & Schedule Final Interviews
4
4
75
$300
7. Prepare Final Report with Interview
Questions and Selection Criteria
8
8
75
$600
16
16
35
$560
8. Present Final Report and Attend
Interviews
l0
10
75
$750
9. Assist in Employee Selection
2
2
75
$150
10. Negotiate Employment Agreement
4
4
75
$300
11. Establish Performance Goals
6
6
No Charge
$0
12. Follow-up
4
4
No Charge
$0
TOTAL HOURS
158
79
237
TOTAL PROFESSIONAL FEE
$13,675
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Expenses
Consultant Travel Costs: The client pays direct cost for all necessary consultant travel using
coach or, when available, lower air rates, corporate hotel rates at moderately priced properties
(Holiday Inn or equivalent), rental cars, using the corporate discount and normal meals. Client
controls these costs in the following ways: (1) when appropriate, consultants will accomplish
multiple purposes when traveling and will allocate costs to multiple clients; (2) the client pre -
approves all work plans including all consultant (and candidate) travel; (3) SMC will comply
with the current State of Colorado travel expense per diem rate schedule.
Office Costs Include: Telephone ($350 flat fee, billed in two installments), FAX, postage,
messenger, copier, and clerical costs.
Average Advertising Costs: Normally about $1,500. Client controls these costs because the
advertising program will be approved by the City prior to implementation.
Expenses for the executive search project described in this proposal will not exceed 50% of the
professional fee ($6,837.50). Therefore, the total cost for this project will not exceed
$20,512.50. The cost for final candidates to travel to Fort Collins for interviews is not covered
by this proposal. Such costs are typically paid by the City on a reimbursement basis, directly to
the candidates, and controlled through the City's prior approval of the finalist candidates. These
costs vary depending on candidate location, espousal involvement, time required for candidates
to be in Fort Collins, etc. For budgeting purposes, an average cost of between $450.00 and
$650.00 per candidate would be appropriate. About five candidates are normally recommended
for interviews.
Should the City's needs result in additional project scope that significantly increases consultant
travel and/or advertising costs, it may be necessary to increase the expense budget for the
proj ect.
Your liability to Slavin Management Consultants for services rendered under this agreement
will not exceed the agreed upon price unless an increase is authorized by you in writing.
We will submit monthly invoices for fees and expenses. It is our practice to bill 30% at the start
of the searches, 30% at the end of thirty days, 30% at the end of sixty days, and the remaining
10% shortly after the time the new City Manager accepts employment with the City. Each
invoice will be payable upon receipt for professional services.
Expenses will be billed in addition and shown as a separate figure. Attached is a pro -forma
invoice showing the level of accounting detail we will provide.
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EXHIBIT "D"
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies,
and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability, The Service Provider shall maintain
during the life of this Agreement such commercial general liability and
automobile liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property
damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad
form" basis. The amount of insurance for each coverage, Commercial General
and Vehicle, shall not be less than $500,000 combined single limits for bodily
injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT "E"
GUARANTEES
We provide a comprehensive set of assurances and guarantees to out executive recruitment
clients that include:
• We are committed to excellence. We guarantee the highest quality of work and its
success in your environment. To accomplish this, we will continue to work with the
City until the City Council is satisfied with the candidates and a satisfactory candidate is
selected and accepts employment.
• We guarantee our work and will redo the search if the position is vacated, for any
reason, within two years of the employment date of a candidate selected by the City
through our efforts.
• We will never actively recruit any candidate who we have placed nor will we actively
recruit any employee from a client organization for at least two years from the
completion date of an assignment.
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with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Twenty Thousand Five Hundred Twelve Dollars and Fifty Cents ($20,512.50). Cost
Breakdown is attached hereto as Exhibit "C", consisting of two (2) pages, and incorporated
herein by this reference. Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City -verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
8. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
10. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
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11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
12. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials,
equipment and labor, against defects and nonconformances in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time
acceptable to City,
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party
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commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions,
suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to
or death of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit D,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
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17. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit E, consisting of one (1) page,
attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
B:
Jam s . O'Neill II, O, FNIGP
Dire of PQur�c asin and Risk Management
Date: p b
Slav' nagement Consultants
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_
ATTEST: (Co orate Seal)
CORPORATE SECRETARY
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EXHIBIT A
PROJECT SUMMARY
We recommend a five -step process as follows:
• Define job qualifications and requirements for the position
-- the "Recruitment Profile."
• Identify and recruit qualified candidates.
• Evaluate prospective candidates.
• Make recommendations, help in selection and facilitate employment.
• Establish evaluation criteria and follow-up.
Each step of this process is described below.
A. Define Position Profile
We will meet with the Mayor and City Council members individually and collectively and with
staff (if the City Council wishes) to learn the City's needs, focus and requirements such as
experience, education and training as well as preferred management style and personal traits. In
developing the recruitment profile, we will spend a considerable amount of time at the begin-
ning of the process in Fort Collins to gather additional information about the City and to
ascertain, the unique challenges of the job and the general environment within which the
position functions.
Once we have gained the necessary information, we will prepare a draft recruitment profile and
review it with the City Council to arrive at a general agreement regarding the specifications for
the position. The final profile will include information about the Larimer County region, the
City of Fort Collins, the City government, major issues to be faced, the position and the
selection criteria established.
B. Identify Oualifled Candidates
We will first review our database to find those candidates whom we may already know and/or
already have on file who may meet your specifications. Although the above process is valuable,
we will rely most heavily on our own contacts in related fields and on our own experience. In
other words, through "networking," we will conduct a professional search for the best -qualified
candidates and invite them to apply for the position. In this effort, we utilize appropriate
professional organizations, our established contacts, and our knowledge of quality jurisdictions
and their employees.
We will prepare and place advertisements in professional publications. We will acknowledge all
resumes received and thoroughly screen all potential candidates.
C. Evaluate Prospective Candidates
Preliminary Screening and Progress Report
Criteria for the preliminary screening will be contained in the approved "Recruitment Profile."
They may include such items as education, technical knowledge, experience, accomplishments,
management style, personal traits, etc. Screening of candidates against those criteria will be
based on data contained in the resume and other data provided by the candidates and on our
knowledge of the organizations in which they work. At this stage, each must meet the
minimum qualifications specified in the Recruitment Profile.
We request that all candidates provide us, in writing, substantial information about their
accomplishments and their management style and philosophy. This information is verified and,
at the City's option, may be further tested by having the finalists respond to a supplemental
questionnaire and/or complete management and leadership style inventories. We interpret these
instruments for the City as well.
We will meet with the City Council to provide a progress report on a number of semifinalist
candidates. These individuals will be top prospects who clearly meet the City's specifications
for the position. With guidance from the City Council, we will narrow the semifinalist
candidate group on the basis of refined criteria. During this meeting we will determine City's
expectations relative to interview questions that we will write as well as the candidate rating and
scoring processes which will be included in our final report.
D. Selection and Employment
In-depth Screening and Final Report
At this point, we will interview those semifinalist candidates whom the City has the greatest
interest in. Proper "fit" is as important as technical ability. We assess both. In order to better
assess candidates' management style and interpersonal characteristics, we personally interview
each in his or her present work environment. We will closely examine each candidate's
experience, qualifications, achievements, management style and interpersonal skills in view of
the selection criteria and our professional expertise in evaluating the quality of such
qualifications, skills and achievements.
We conduct in-depth background checks on those individuals who continue to demonstrate their
overall suitability for the position. Included are detailed and extensive reference checks which
cover a minimum period of ten years. In conducting these, it is our practice to speak directly to
individuals who are now or have been in positions to evaluate the candidate's job performance.
We ask each candidate to provide us with a large number of references. We then network these
references to other persons who know the candidate. In this way, we thoroughly evaluate each
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candidate. These references and evaluations are combined to provide frank and objective
appraisals of the top candidates.
As part of our evaluation process we conduct credit checks and verify undergraduate and
graduate college degrees. We also conduct criminal history, civil court records and driving
record checks. At the City's option, we can arrange for assessment centers and/or psychological
(or similar) testing of the candidates. (These optional items will result in extra cost.)
We will then meet with the City Council to present a group of well -qualified finalist candidates
for interviews in Fort Collins. These final candidates will not be ranked because, at this point,
they will all be qualified and it will then be a matter of chemistry between the candidates and
the City Council that should produce the final selection decision.
Our final report will be presented in a meeting with the City Council. This written report is a
comprehensive document. It contains our candidate recommendations, details about the search,
interview tips, interview questions, candidate evaluation forms and information about legal vs.
illegal inquiries. The report also includes the candidate interview schedule as well as our
recommendations relative to timing, sequencing, location, setting, format, and conduct of
interviews. The report contains comprehensive information about each recommended
candidate. This includes educational and experience information, an evaluation of the
candidate's experience relative to the criteria established by the City, a summary of reference
comments and a statement of accomplishments and management style prepared by the
candidate. Present compensation is also provided for each recommended candidate.
We will provide information about trends in employment, employment contracts and
agreements, relocation expenses, perquisites, appropriate roles for spouses, receptions, etc. We
arrange schedules for top candidate interviews with the City and we will coordinate the entire
process.
We will properly handle any and all media relations. Unless otherwise directed, it is our
standard practice to tell all media that we are working on behalf of the City of Fort Collins and
that any public statement should come from the City directly. Under no conditions will we
release information to the media unless specifically directed by the City to do so.
We will notify all unsuccessful candidates of the final decision reached. And, finally, will
continue to work for the City until a suitable candidate is recruited and hired by the City.
SMC is an equal opportunity employer and recruiter, and will not discriminate against any
employee or applicant for employment because of race, religion, creed, color, sex, disability or
national origin.
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E. Establish Evaluation Criteria
Once the new City Manager has been on board for 30 days or so, we will conduct a session with
the City Council and with the new City Manager to establish mutual performance criteria and
goals for the position.
F. Follow -
We will follow-up with the City and the new City Manager during the first year and assist in
making any adjustments that may be necessary.
G. Reporting
We will keep the City informed, involved in decisions and involved in the search process. We
will provide frequent progress reports to the City Council.
H. Deliverables
Deliverables include the recruitment profile (draft and final), the advertisement (draft and final),
the progress report (presented in person), the final report with interview tips, interview
schedule, interview questions, candidate resumes, candidate evaluations, candidate writing
samples, rating sheets, ranking forms, tabulation forms and appropriate/inappropriate question
list and negotiated employment agreement between the City and the selected.
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