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HomeMy WebLinkAbout331705 SLAVIN MANAGEMENT CONSULTANTS - CONTRACT - RFP - 7680 EXECUTIVE SEARCH SERVICES - CITY ATTORNEYPROFESSIONAL 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, a Georgia Corporation, 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 eight (8) pages, and incorporated herein by this reference. 2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. This contract shall have a term of one (1) year. Notwithstanding, it is the City's desire for the City Attorney to start employment with the City no later than March 31, 2015. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. 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. All notices provided under this Agreementshall be effective when mailed, postage prepaid and sent to the following addresses: Professional Services Agreement 7680 Executive Search Services — City Attorney Page 1 of 17 A. Develop the Position Profile Professional will meet with the Mayor and City Council, the City Attorney Selection Committee (Committee) and other appropriate stake holders of the City's choosing to learn the City's needs, focus and requirements such as experience, education and training as well as preferred management style and leadership traits. In developing the recruitment profile Professional will spend a considerable amount of time at the beginning 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 Professional has gained the necessary information, Professional will prepare a draft recruitment profile and review it with the City to arrive at a general agreement regarding the specifications for the position. The final profile will include information about the City of Fort Collins, the City Attorney position, major issues to be faced, the ideal candidate and the selection criteria established. The profile will be approved by Council through Resolution. B. Identify Qualified Candidates Professional will first review its database to find those candidates whom Professional may already know and/or already have on file who may meet the City's specifications. Although the above process is valuable, Professional will rely most heavily on their contacts in related fields and on their own experience. In other words, through networking, Professional will conduct a professional search for the best -qualified candidates and invite them to apply for the position. In this effort, Professional will utilize appropriate professional organizations, established contacts, and knowledge of quality jurisdictions and their employees. Professional consultants hold membership in a variety of professional organizations, including minority and women based organizations. Professional will utilize contacts in these and other minority and women based organizations to achieve a diverse candidate base. Professional will also post announcements on web sites and publications of minority and women's organizations. In consultation with the City, Professional will prepare and place advertisements in professional publications. Professional 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. The profile will include such items as education, Colorado Bar Membership, technical knowledge, experience, accomplishments, management style and leadership 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 Professional's knowledge of the organizations in which they work. At this stage, each must meet the minimum qualifications specified in the recruitment profile. Professional requests that all candidates provide, in writing, substantial information about their accomplishments and their management style and philosophy. This information is verified and, at the City's option, the Professional may further test by having the finalists respond to a supplemental questionnaire and/or complete Professional Services Agreement 7680 Executive Search Services — City Attorney Page 10 of 17 management and leadership style inventories. Professional will interpret these instruments for the City as well. Professional will meet with the City to provide a progress report on semifinalist candidates. These individuals will be top prospects who clearly meet the specifications for the position. With the City's guidance, Professional will narrow the semifinalist candidate group on the basis of refined criteria. During this meeting, Professional will determine the City's expectations relative to interview questions that Professional will write as well as the candidate rating and scoring processes which will be included in Professional's final report. D. Selection and Employment In-depth Screening and Final Report At this point, Professional will interview those semifinalist candidates whom the City has the greatest interest in. Management, leadership and work style are as important as technical ability. Professional will assess all. In order to better assess candidates' management style and interpersonal characteristics, Professional will closely examine each candidate's experience, qualifications, achievements, management style and interpersonal skills in view of the selection criteria and professional expertise in evaluating the quality of such qualifications, skills and achievements. Professional conducts 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 Professional's practice to speak directly to individuals who are now or have been in positions to evaluate the candidate's job performance. Professional will ask each candidate to provide a large number of references. Professional then networks these references to other persons who know the candidate. In this way, Professional thoroughly evaluates each candidate. These references and evaluations are combined to provide frank and objective appraisals of the top candidates. As part of Professional's evaluation process Professional will conduct credit checks, verify undergraduate and graduate college degrees and professional licenses and certifications. Professional also conducts criminal history, civil court records and driving record checks on all finalist candidates. At the City's option, Professional can arrange for assessment centers and/or psychological (or similar) testing of the candidates. (These optional items for assessment centers and/or psychological (or similar) testing will result in extra cost.) Professional will then meet with the City 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 up to the City to make the final selection decision. I Professional's final report will be presented in a meeting with the City. This written report is a comprehensive document. It contains Professional's 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 Professional's 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 Professional Services Agreement 7680 Executive Search Services — City Attorney Page 11 of 17 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. Professional will provide information about trends in employment, employment contracts and agreements, relocation expenses, perquisites, appropriate roles for spouses, receptions, etc. Professional will arrange schedules for top candidate interviews with the City and will coordinate the entire process. Professional will properly handle any and all media relations. Unless otherwise directed, it is Professional's 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. Within the boundaries of the open records laws, Colorado Revised Statutes and City policies, Professional will not release information to the media unless specifically directed to do so. Once a selection decision is made by Council, Professional will notify all unsuccessful candidates of the final decision reached. Finally, Professional will continue to work for the City until a suitable candidate is recruited and hired. Professional 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, sexual orientation, age, disability or national origin. E. Establish Evaluation Criteria Once the new City Attorney has been on board for 30 days or so, Professional will conduct a session with the City Council and the new City Attorney to establish mutually agreed upon performance expectations and goals. F. Follow-up Professional will follow-up with the City and the new City Attorney during the first year and assist in making any adjustments that may be necessary. G. Reporting Professional will keep the City informed, involved in decisions and involved in the search process. P r o f e s s i o n a l will provide frequent progress reports. 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 a negotiated employment agreement between the City and the selected candidate. I. Guarantee Professional shall provide a comprehensive set of assurances and guarantees to the City including: Professional is committed to excellence. P r o f e s s i o n a l guarantees Professional Services Agreement 7680 Executive Search Services - City Attorney Page 12 of 17 the highest quality of work and its success in the City's environment. To accomplish this, Professional will continue to work with the City until it is satisfied with the candidates and a candidate is selected and accepts employment. Professional guarantees its work and will redo the search for the cost of Professional's out-of-pocket expenses only, if the position is vacated, for any reason, within two years of the employment date of a candidate selected by the City through Professional's efforts. 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. Position — Draft Rev 1 The City Attorney serves as the chief legal advisor to the City of Fort Collins Colorado, and is responsible for providing sound and efficient legal services to City Council, City manager, boards, commissions, and other City staff in matters relating to their official powers and duties. Responsibilities include planning, staffing and supervising the legal service needs of the City. Provides legal representation for the City in all actions or suits in which the City is a party. The City Attorney is appointed by the City Council and is directly responsible to the City Council for the functions and duties assigned by the provisions of the City Charter and Municipal Code. The City Attorney serves at the pleasure of the City Council. Additional CITY ATTORNEY responsibilities include: • On a day-to-day basis, consult with and assist all the City departments with matters for which they require guidance, including contract drafting and interpretation, personnel legal questions, Municipal Code and Charter interpretation, building codes and other areas related to municipal law. • Participates in the preparation and presentation of cases, renders legal opinions, and prepares court papers, contracts, ordinances, resolutions, deeds and leases. Work is performed with technical independence in accordance with accepted practices. • Attend all meetings of the City Council and some City Council committee meetings and draft all ordinances, contracts and other instruments as required by the City Charter, ordinances or the Council. i • Consult with the City Manager's Office regarding all manner of things which have legal implications for the City and relate to the City Manager's official duties and powers. • Effectively and efficiently manage the use of outside legal counsel and consultants. • Responsible for all prosecution in the Fort Collins Municipal Court. • Responsible for the management of the City Attorney's Office, including the hiring of assistant city attorneys and other legal staff. Responsible for drafting and managing the departmental budget. • Prepares court papers, contracts, ordinances, resolutions, deeds, leases, and other legal documents. Professional Services Agreement 7680 Executive Search Services — City Attorney Page 13 of 17 • Prepares and approves proposed ordinances for consideration by the Mayor and Council. Reviews the legality and/or sufficiency of contracts, bonds, bids, leases, insurance, and claims. Represents the City in lawsuits and administrative hearings. Serves the City's interests in various contract negotiations. • Manages, supervises, and reviews the work of legal and support staff, (currently consisting of 10 attorneys, 2 paralegals, and 3 support staff) as well as, managing the office budget, support contracts, etc. • Researches, interprets, and applies laws, court decisions, and other legal authority in the preparation of opinions and briefs. • Analyzes legislation including proposed state and federal legislation affecting the City. Supervisory Duties: This position is responsible for supervision of City employees. This position carries out supervisory responsibilities in accordance with applicable laws and the policies of the organization and City Attorney's Office. Responsibilities include but are not limited to: interviewing, hiring, and training employees; planning, assigning and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems. Job Requirements: The minimum job requirements are: 1) graduation from a school of law accredited by the American Bar Association with a Juris Doctor Degree; and 2) high-level government management experience with at least ten years' experience in the practice of law, including some (6 months - 1 year) experience in municipal law and supervising one or more attorneys and other professional staff. Licensed to practice law in the state of Colorado during his or her tenure in office, but need not be so licensed prior to appointment. Equivalent combinations of experience and education will be considered. Desired Professional and Personal Attributes: The following are the desired professional and personal attributes for the Fort Collins' City Attorney: • Must possess the ability to make sound judgments and exhibit composure and patience when dealing with stressful situations; the ability to communicate effectively and diplomatically, both orally and in writing, with co-workers, City Council, boards and commissions and the general public • Have a superior knowledge of municipal legal issues with a demonstrated mastery in areas of the law as deemed necessary by City Council • Must have the management skills and training which would allow the attorney to effectively and efficiently manage the programs and personnel of the City Attorney's Office • Have the ability to efficiently operate a personal computer and perform word processing tasks • The ability to work occasional evenings, weekends and holidays as necessary to accomplish job tasks or as requested by City Council Professional Services Agreement 7680 Executive Search Services — City Attorney Page 14 of 17 • Strong, tactful, and powerful communicator who explains complex issues in layperson language • Driver who works with a sense of urgency in a positive and personable manner • Change -agent who embraces continuous improvement philosophy and is quick study on addressing barriers to change Experience with performance management and evaluation of services • Strong organizational and time -management skills with ability to prioritize key initiatives and manage work flow in complex environment with many stakeholders who have "must do" projects • Politically astute yet apolitical • Good public presentation skills with experience making presentations to City Councils or comparable groups • Able to inspire and motivate City employees. Compensation The salary range for the City Attorney position is $170,000 to $190,000 annually depending on qualifications and also includes the following benefits package: • Medical, dental, and vision insurance • Flexible spending accounts • 401(a) and 457 plans* • Paid vacation • Paid sick leave and long and short-term disability • Nine paid holidays • Life insurance • Annual executive physical • Wellness programs • Employee assistance program *The City contributes 10 percent of the employee's salary into 401(a) money purchase plan and matches up to 3 percent of employee contributions to 457 deferred compensation plan The City will pay reasonable and customary moving expenses for the CITY ATTORNEY who will be required to live within [Fort Collins' city limits] or (Fort Collins Urban Growth Area] or (within X miles of ... Professional Services Agreement 7680 Executive Search Services — City Attorney Page 15 of 17 EXHIBIT B INSURANCE REQUIREMENTS 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. 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 $1,000,000 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. Professional Services Agreement 7680 Executive Search Services - City Attorney Page 16 of 17 EXHIBIT C 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 Services Agreement 7680 Executive Search Services — City Attorney Page 17 of 17 n 5. Professional: Slavin Management Consultants Attn: Bob Slavin 3040 Holcomb Bridge Road, Suite A-1 Norcross, GA 30071 City: City of Fort Collins Attn: Janet Miller PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 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. Design Proiect 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 $1,000,000 combined single limits in accordance with Exhibit B consisting of one (1) page, attached hereto and incorporated herein. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a firm fixed fee in the amount of $16,110 plus reasonable reimbursable direct costs. Expenses will be billed at actual cost and will not exceed 55% of the fee ($8,860.50). Professional shall provide receipts for all reimbursable expenses. Payment terms shall be net 30 days in accordance with the Professional Services Agreement 7680 Executive Search Services — City Attorney Page 2 of 17 following payment schedule: a. $4,833 (30%) upon execution of the Agreement b. $4,833 (30%) at end of thirty days' c. $4,833 (30%) at end of sixty days d. $1,611 (10%) upon candidate's acceptance of the position 6. 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. 7. 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. 8. 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. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in this Agreement without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified Professional Services Agreement 7680 Executive Search Services — City Attorney Page 3 of 17 firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 10. 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. 11. 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. 12. 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. 13. 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 Professional Services Agreement 7680 Executive Search Services — City Attorney Page 4 of 17 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 14. 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: 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: Professional Services Agreement 7680 Executive Search Services — City Attorney Page 5 of 17 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 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. 15. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7680 Executive Search Services — City Attorney Page 6 of 17 ATTEST: City Clerk APPROVED AS TO FORM: 0< Dij Assistant 9fty Attorney THE CITY OAORT Cg"S,AOLORADO By: / /!'Y 1 I I Gerry Paul Director of Purchasing & Risk Management Date:/Zy I f SLAVIN MANAGEMENT CONSULTANTS, a Georgia Corporation P By: Printed: �PO Title: /� r ..5'lwc2 . Date: Professional Services Agreement 7680 Executive Search Services — City Attorney Page 7 of 17 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins is requesting proposals from qualified firms to provide executive search services to facilitate the recruitment and selection process for a City Attorney. The City Attorney reports directly to the City of Fort Collins Council. Fort Collins is a vibrant, community that operates under the Council/Manager form of government. The municipal organization serves approximately 151,000 citizens and has been recognized as one of the best places to live, vacation and do business. The City Attorney is appointed by and reports to the City Council. The City Attorney is the City's Chief Legal Counsel and trusted partner to the City Council, City Manager and Executive Leadership Team. A draft job description is included on page 8 of this RFP. The selected firm will be expected to will work closely with the City Council and other members of the City Attorney selection committee. Services required will include the following: 1. Work closely with the City Council and selection committee to finalize the position profile for the City Attorney. Utilize input from constituents to customize profile and selection process. 2. Coordinate recruiting efforts for the position, including advertising and personal recruitment of candidates. 3. Review and screen applications. 4. Conduct preliminary interviews on selected candidates. 5. Work closely with designated City Council and the selection committee to develop a site visit agenda and interview schedule. 6. Provide a list of approximately 10-15 semi-finalists as soon as practical but no later than December 2, 2014. 7. Coordinate follow-up interviews and site visits. 8. Perform reference checks. 9. Facilitate employment of selected candidate including negotiation of offer. 10. Conduct follow-up with the City after candidate has been employed. 11. Comply with recruitment and selection processes and procedures as outlined in applicable Colorado Revised Statues, City Code and Charter, Administrative and Personnel Policies and Procedures. PROJECT SCHEDULE The preliminary project schedule is provided below however, the City desires to complete this project early and is seeking a firm capable of accelerating the schedule without compromising the selection process, pool of candidates or qualifications of individual selected. Professional Services Agreement 7680 Executive Search Services — City Attorney Page 8 of 17 Select Recruiter Council Resolution Oct 7, 2014 Create Recommended Plan and Committee, Oct 14, 2014 Timeline Recruiter Finalize Position Profile Committee, Engagement Oct 30, 2014 Recruiter . Key Stakeholders • Staff Approval Position Profile Council Resolution Nov 4, 2014 (Recruiter Post Position Recruiter, Staff Nov 6, 2014 Recommend Proposed Semi-finalists Recruiter Dec 2, 2014 (10-15) Discuss and Consider Semi-finalists Committee or Executive Session Dec 16, 2015 Council Select Finalists Council Adjourned Meeting Jan 13, 2015 Candidate Interviews Committee, Week of Jan Council Staff, 25 or Feb 2, Key 2015 Stakeholders Selection Council Resolution Feb 17, 2015 Background, Reference Checks, Recruiter, Negotiate Proposed Contract Terms Staff, Committee Contract Approval Recruiter, Contract Mar 3, 2015 Committee, Resolution and Council Salary Ordinance * Tentative schedule subject to chanqe due to Committee availabilitv and other unanticipated conflicts WORK PLAN: Professional will utilize a five -step process as follows: Develop 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. Professional Services Agreement 7680 Executive Search Services — City Attorney Page 9 of 17