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HomeMy WebLinkAbout331705 SLAVIN MANAGEMENT CONSULTANTS - CONTRACT - RFP - 7224 EXECUTIVE SEARCH SERVICES - POLICE CHIEFEPROFESSIONAL SERVICES 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 "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, 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. Contract Period. This Agreement shall commence May 10, 2011, and shall continue in full force and effect until September 30, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. Professional Service Agreement RFP 7224 Executive Search Firm - Police Chief Page 1 of 15 Mountain Plains region who have the requisite experience for the position. Fourth, depending on the information gained during the aforementioned two days of stakeholder meetings, Professional will likely send the recruitment profile to Police executives throughout the country who have experience working in communities with major universities. The issues that Police executives face in university communities tend to differ considerably from those in non - university communities. Finally, Professional believes that Fort Collins will attract good candidates from throughout the country due to its outstanding quality of life as evidenced by Money Magazine's Best Place to Live rankings. In 2006, Money Magazine ranked Fort Collins as the best place to live in America based on its great schools, low crime, good jobs in the high-tech field, and a fantastic outdoor life. Fort Collins also received a #2 ranking in 2008 and a #6 ranking in 2010 in Money Magazine's Best Place to Live rankings. Therefore, Professional believes that a true national search will likely be in Fort Collins' best interest. Background Investigations After the recruitment phase of this assignment is completed, Professional will submit a written progress report on 15-20 semi-finalist candidates and meet in person with the City to discuss this report. The progress report will summarize each semi-finalists' experience and education. The report will also include a screening of semi-finalists against the selection criteria contained in the recruitment profile. This screening will be based on: • A review of resumes and cover letters; • Professional's phone interviews of semi-finalists; • Semi-finalists' responses to a supplemental questionnaire that provides additional information about semi-finalists' management styles, writing skills, and how closely their experience relates to the selection criteria in the recruitment profile; and • Professional's knowledge of semi-finalists' work performance and the quality of the organizations and communities in which they have served. The progress report will also include the semi-finalists' current salary. At Professional's meeting with the City, the City will select the finalists to interview using Professional's candidate ranking forms if desired. Typically five finalists are interviewed. Professional will conduct background investigations and site visits on the finalists. In order to better assess the finalists' management style and interpersonal characteristics, Professional will personally interview each in his or her present work environment while protecting the finalists' confidentiality. Professional will closely examine each finalist's experience, achievements, management style, and interpersonal skills in relation to the recruitment profile's selection ' criteria. Professional's background investigations include detailed and extensive reference checks which cover a minimum period of ten years. Professional will interview the references provided by the finalists as well as others who can evaluate the candidate's job performance. The background work also includes investigation to the maximum extent permitted under federal law of finalists': • Criminal and civil court records; • Credit history; • Driving records; and • College degrees. Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 9 of 15 Professional will provide a report to the City about these background checks and site visits. Public Involvement Professional's philosophy favors transparency and inclusiveness in the search process. This is especially true of the recruitment phase. Simply put, more involvement by both internal and external stakeholders results in a more accurate and comprehensive recruitment profile which is the key document Professional uses to attract the best candidates to apply. An important caveat is that "one size does not fit all" in executive recruitment. Some local governments have a much greater appetite for stakeholder involvement than others. While Professional always encourages stakeholder involvement, Professional takes its direction from the client and implements that direction. Based on Professional's previous work in Fort Collins and other university communities, Professional expects there will be a great deal of public involvement in the Police Chief recruitment and selection process. The following are some of the public involvement techniques Professional has utilized in other searches. Recruitment Phase • Citizen committee formed by the City and authorized to work with Professional to develop the recruitment profile • Community focus groups facilitated by Professional to provide input utilized by Professional to draft the recruitment profile • Utilizing the City's web site to solicit public comments about the "ideal Police Chief' that are used by Professional in drafting the recruitment profile Selection Phase • Citizen committee formed by the City and authorized to meet with Professional in executive session to select the finalists to interview. Please note that confidentiality is important at this step in the selection process. Most candidates who are currently employed will not agree to apply for a job unless their confidentiality can be guaranteed until shortly before their interview. • Have each of the finalists interviewed by a series of internal and external stakeholder committees who submit their comments (not rankings) about each of the finalists. • Community "meet and greet" reception where the public has an opportunity to meet the finalists in an informal session and submit comment cards about the finalists. • Invite the public to a meeting where each of the finalists gives a brief presentation followed by public questions that are screened by a moderator. Again, the public has the opportunity to submit comment cards about the finalists. • Invite the news media to a meeting where each of the finalists gives a brief presentation followed by news media questions. Service Guarantee Professional provides the following guarantees to clients: • A commitment to excellence. Professional guarantees that the selection process and placement will be of high quality and successful. To accomplish this, Professional will continue to work with the client until a satisfactory candidate is selected and accepts employment; • Professional guarantees its work and will redo the search if the position is vacated, for any reason, within two years of the employment date of a Professional recommended Professional Service Agreement RFP 7224 Executive Search Firm - Police Chief Page 10 of 15 candidate; in this event, Professional will charge the client only for its out-of-pocket expenses to redo the search (no professional fees will be charged); and Professional will never actively recruit any candidate who Professional has placed nor will Professional actively recruit any employee from a client organization for at least two years from the completion date of an assignment. Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 11 of 15 EXHIBIT B PROJECT SCHEDULE PROJECTSCHEDULE DAYS STEPS 1-30 30-45 45-60 60-70 90-360 I. Develop recruitment profile and advertising program for client approval - 2. Identify qualified candidates and receive and review resumes 3. Screen is evaluate prospective condidates/prepare progress report and meet with client 4. Background investigations and site visits on finalists 5. Interview and evaluate finalists 6. Assist in selection and facilitate employment 7. Follow-up Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 12 of 15 EXHIBIT C PROFESSIONAL FEE SCHEDULE PROFESSIONAL FEES PROJECT COSTS ASSIGNED HOURS (ApProximate) STEPS Project Consultant RATE (Hr) FEES Manager 1. Project planning/develop recruitment 30 $75 $2,250 profile/prepare and place advertising 5 $40 $200 2. Idenfify and recruit candidates ! 34 $75 $2,550 36 $40 $1,440 acknowledge resumes 3. Phone interviews with potential semi- 20 $75 $1,500 — 12 $40 $480 finalists/prepare progress report 4.Meet with client to review progress report and 4 $75 $300 select finalists 5. Schedule finalists interviews !assist client with 8 $75 $600 designing interview process 6. Finalists background investigation (includes 38 $75 $2,850 on -site consultant interviews with finalist 37 $40 $1,480 candidates) 7. Finalists interviews/assist in employee selection 14 $75 $1,050 8. Negotiate employment agreement 4 $75 $300 9. Follow-up 4 No Charge $0 TOTAL HOURS 156 91 TOTAL COST $15,000 Expenses Consultant Travel: The client pays direct costs for all necessary consultant travel using lowest available air rates, corporate hotel rates at moderately priced properties (Holiday Inn or equivalent), rental cars using the corporate discount, and normal meals. The client controls these costs in the following ways: 1) the client pre -approves all work plans including all consultant and candidate travel; and 2) when appropriate, the consultant will work on more than one search when traveling and will therefore allocate costs to multiple clients. Office Costs: telephone ($350 flat fee, billed in two installments), fax, postage, copier, and delivery costs. Advertising: typically approximately $2,500. The client controls these costs because the advertising program will be approved by the client prior to implementation. Expenses for the executive search project described in this proposal will not exceed 55 percent of the professional fee ($8,250). The cost for finalists to travel to the client's locale for interviews is not included in the cost of this proposal. Such costs are typically paid by the client on a Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 13 of 15 reimbursement basis directly to the candidates and controlled through the client's prior approval of the finalists. These costs vary depending on candidate location, spousal involvement, and the length of the interview process. For budgeting purposes, an average cost of between $450-650 per candidate would be appropriate. Typically five candidates are interviewed. Should the client's needs result in an increased project scope that significantly increases consultant travel and/or advertising costs, it may be necessary to increase'the expense budget for the project which would require City approval. Regarding travel expenses, Professional's project budget includes a total of 3 trips to Fort Collins for 2 consultants. If the City requires Professional to make additional trips to Fort Collins that result in Professional's total project expenses exceeding $8,250, then the City will reimburse Professional for these out-of-pocket travel expenses. Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 14 of 15 EXHIBIT D. CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this- Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Service Agreement RFP 7224 Executive Search Firm - Police Chief Page 15 of 15 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Slavin Management Consultants City of Fort Collins City of Fort Collins , Purchasing Attn. Bob Slavin Attn: Cathy Blakeman PO Box 580 7828 E. Red Hawk Circle PO Box 580 Fort Collins, CO 80522 Mesa, Arizona 85207 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional. shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits limits and errors and omissions insurance in the amount of $N/A. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of fifteen thousand ($15,000) plus reimbursable direct costs. All such fees and costs shall not exceed twenty-three thousand two hundred fifty dollars ($23,250). As outlined in Exhibit D consisting of two (2) pages. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 2 of 15 Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. 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. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 3 of 15 relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 12. 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. 13. 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 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. 14. 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. 15. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: Professional Service Agreement RFP 7224 Executive Search Firm - Police Chief Page 4 of 15 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 5 of 15 Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 6 of 15 to APP O FORM: Assist),ity Attorney THE CITY OF FORT CO INS, CO ORADO By: grin Atte berry, an eerr (�(� Y ame B. O'Neill II, CPPO, FNIGP Directorbf 'chasing &Isk Management DATE: $ II Slavin Management Consultants c �- By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: C S j 14- (Corporate Seal) Corporate Secretary Professional Service Agreement RFP 7224 Executive Search Firm - Police Chief Page 7 of 15 THE CITY OF FORT CO INS, CO ORADO By: arin tteberry, an er By: F FOX;), ame B. O'Neill II, CPPO, FNIGP 0.... • cp Director rchasing & Rjsk Management S� .;tn DATE: l $ t' ST APP O FORM: Assis nt ity Attorney 7��---- (Corporate Seal) Corporate Secretary Professional Service Agreement RFP 7224 Executive Search Firm - Police Chief Slavin a gement Consultants �� Title: 117-le,5 / e",, CORPORATE PRESIDENT OR VICE PRESIDENT Date: O-Z/o I i �:� ire: ;a � s` •. Page 7 of 15 EXHIBIT A SCOPE OF SERVICES Scope of Services Professional will work with the City of Fort Collins to provide executive search services to aid in hiring a Chief of Police. The Professional will be expected to work closely with the City throughout the search and selection process. The Chief of Police serves at the pleasure of the City Manager and directs, administers and managers the activities and operations of Police Services. Police Services is comprised of 292 authorized positions, 192 sworn personnel and 100 civilian. The agency operates with an annual budget of approximately $30 million. Services required will include the following: 1. Work closely with designated City personnel to finalize a profile for the Chief of Police position. Utilize input from City Police Services and a Community Stakeholder candidate profile survey to customize a position profile and for use throughout the selection process. 2. Professional will manage all detail of the selection process, including: a. Posting position b. Advertizing position c. Receiving applications d. Screening applicants e. Managing the overall process 3. Narrow down applicant pool based on position profile and "present approximately 15-20 candidates. 4. Finalize details associated with candidate selection, offer and relocation. Candidate Selection Procedures Professional will spend at least two days in Fort Collins meeting with internal and external stakeholders to learn about the City's needs and culture prior to initiating the recruitment phase of this assignment. Professional would also appreciate receiving a guided tour of the community and Police Services facilities. These meetings and tour will help Professional determine the unique challenges to be managed by Fort Collins' next Police Chief. This will allow Professional to accurately describe in the recruitment profile the desired professional and personal attributes that top:candidates should possess. Professional will also utilize the Community Stakeholder candidate profile survey referenced on page 2, item # 1, of the RFP to draft the recruitment orofile.s_ _ Once Professional has gained sufficient information, it will prepare a draft recruitment profile and review it with the City to obtain its approval. The profile will include information about the Fort Collins community, City government, issues and opportunities to be managed by the next Police Chief, and the job requirements and selection criteria. There are many ways that Professional will use the recruitment profile to attract candidates who meet the City's needs and share their values. First, the recruitment profile will be posted on Professional's and the City's websites. Secondly, Professional will send the recruitment profile to those persons in Professional's data base who are a good fit with the job requirements and selection criteria included in the profile. Thirdly, Professional will e-mail the recruitment profile to persons in the _Professional Service Agreement RFP 7224 Executive Search Firm — Police Chief Page 8 of 15