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HomeMy WebLinkAboutThe Par Groupcr eb-� CITY OF OSHKOSH, WISCONSIN AGREEMENT EXECUTIVE SEARCH SERVICES I. NAME OF CONTRACTING PARTIES This contract is entered into this _Jb _ day of February, 2008, between the City of Oshkosh, 215 Church Ave. PO Box 1130, Oshkosh, Wisconsin 54903 -1130, hereafter called the CITY and THE PAR GROUP of 100 N. Waukegan Road, Ste. 211, Lake Bluff, Illinois 60044 -1694, hereafter called CONSULTANT. The parties hereto agree as follows: II. PROJECT MANAGER A. Assignment of Project Manager The CONSULTANT shall assign the following individual to manage the project described in this contract. Project Manager: Karl Nollenberger, Vice President B. Changes in Project Manager The City has the right to approve or disapprove any proposed change from the individual named in Article II.A. The City shall be provided with a resume for any proposed substitute and shall be given the opportunity to interview that person prior to its decision to approve or disapprove. III. SCOPE OF WORK AND RESPONSIBILITIES OF THE CONSULTANT A. Scope of Work The CONSULTANT shall provide the services described in its proposal and also the Consultant has agreed to the eleven (11) assurances listed in Attachment "A" and Insurance Requirements for Professional Liability Providers listed in Attachment `B ". The Basic Scope of Services includes: • COMMUNITY INVOLVEMENT MEETINGS • DEVELOP A JOB PROFILE, JOB QUALIFICATIONS AND APPROPRIATE SALARY. • DEVELOP AND IMPLEMENT AN ADVERTISING /MARKETING PLAN. • CONDUCT AN ACTIVE SEARCH PROCESS • IDENTIFY AND DEVELOP A LIST OF DESIRABLE CANDIDATES B. Additional Services - CONDUCTING CANDIDATE MEASUREMENT TOOLS - CONDUCTING BACKGROUND CHECKS - DEVELOPING INTERVIEW QUESTIONS AND PARTICIPATING IN THE INTERVIEW - ASSIST WITH CONTRACT NEGOTIATIONS C. Approval of Additional Services 1 The CONSULTANT shall provide additional products and/or services provided by this Agreement if such additional products and/or services are requested in writing by the City's Purchasing Manager or other authorized employee of the City. Such additional costs may not be incurred prior to receipt of written approval by the City. Compensation for services provided by this Agreement shall be as specified in Article V. Costs for additional products and services not covered under this Agreement shall be negotiated and set forth in a written amendment to this Agreement executed by both parties. The amendment shall be executed by both parties prior to proceeding with the work covered under subject amendment. RESPONSIBILITY OF THE CITY At its own expense, the City will have the following responsibilities regarding the execution of the contract by the CONSULTANT. A. Project Officer The City appoints Sue Brinkman to function as project officer to act as the City's representative with respect to the work performed under this contract. B. Prompt Response To prevent an unreasonable delay in the CONSULTANT's work, the City will examine all reports, brochures and other documents and will make authorizations in writing to the CONSULTANT to proceed with work within a reasonable time period. C. Project Requirements The City will furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City records. 1I1 COMPENSATION AND TERMS OF PAYMENT The City shall pay the CONSULTANT, in accordance with the terms and conditions of this contract for basic services, as set forth in Article III A: Professional fee $15,500.00 Reimbursable expenses (consultant travel, postage/ shipping, telephone /fax, office support services, printing /photocopy) 4,500.00 And for additional services, as set forth in Article HI.B, subject to written approval of the City, at the following rates; Education verification and court/credit/motor vehicle records searches $125 per Finalist Candidate Print media searches ( Lexis- Nexis) $ 40 per Finalist Candidate Optional services: Conduct of focus groups Myers- Briggs testing $800 per day, per Consultant involved $200 per Candidate Fee schedules shall be firm for the duration of this agreement. VI. METHOD OF PAYMENT The CONSULTANT shall submit statements for services described in three increments. One statement will be submitted at the initiation of the recruitment process, one statement will be submitted following the 2 recommendation of candidates, and the third statement will be submitted at the conclusion of the process. Reimbursable expenses will be itemized. The City shall pay the CONSULTANT within 30 calendar days after receipt of such statement. VII. TERMINATION OF THE CONTRACT A. For Cause If, through any cause not beyond the control of the CONSULTANT, the CONSULTANT shall fail to fulfill in timely and proper manner the obligations under this agreement, the City shall have the right to terminate this contract by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience The City may terminate this contract by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the City terminates the contract under this clause, the CONSULTANT shall be entitled to just and equitable compensation for any satisfactory work completed. VIII. CONFLICT OF INTEREST,, No elected official or employee of the City who exercises any responsibilities in the review, approval, or carrying out of this contract shall participate in any decision relating to this contract which affects his or her direct or indirect personal or financial interest. IX. ASSIGNABILITY The CONSULTANT shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. X. TITLE TRANSFER The products of this contract shall be the sole and exclusive property of the City. Upon completion or other termination of this contract, and at the request of the City, the CONSULTANT shall deliver to the City machine - reproducible copies of any and all materials pertaining to this contract. Future use of these products (plans, specifications, and all other materials produced under this contract) by the City for different facilities without specific adaptation by the CONSULTANT, will be at the risk of the owner. XI. CONFIDENTIALITY No reports, information, and/or data given to or prepared or assembled by the CONSULTANT under this contract shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the City. XII. INDEMNITY The CONSULTANT shall indemnify and hold harmless the City, its employees and subcontractors from and against any and all claims and actions, including reasonable attorney's fees, arising out of damages or injuries to persons or tangible property to the extent they are caused by a negligent act, error, or omission of CONSULTANT or any of its agents, subcontractors, or employees in the performance of services under this Agreement. XIII INSURANCE See Attachment `B ". XIV. ERRORS OR DEFICIENCIES 3 The CONSULTANT shall without additional compensation revise any materials prepared under this contract if it is determined that the CONSULTANT is responsible for any errors or deficiencies. Further, the CONSULTANT shall be responsible for costs incurred by the City, which are over and above the costs that would have been incurred, had the error, omission or deficiency not occurred. XV. CONTRACT PERIOD This agreement shall, unless otherwise stated elsewhere herein, terminate upon final payment to the Consultant. Both parties' obligations under this agreement, which by their nature are intended to continue beyond termination or expiration of this Agreement, shall survive the termination or expiration of this agreement. XVI. COMPLETENESS OF THE CONTRACT This document and any specified attachments contain all terms and conditions of this contract and any alteration shall be invalid unless made in writing, signed by both parties, and incorporated as an amendment to this contract. There are no understandings, representations or agreements, written or oral, other than those incorporated herein. IN WITNESS WHEREOF, the parties have signed this contract as of the day and year first above written. CITY OF OSHKOSH: THE PAR GROUP jj�� (� BY: _ _.�o I C, P BY: David- tek, Acting 'ityIVfar< r Signature BY: Name: t�'e f �1 V �1(� VA2es Title: P f e& � d m AP Aorenson, ' VED: C ity Attorney Gh o L)4in Marquardt, Ass y Finance Director N Attachment "A" Executive Search Services City of Oshkosh, Wisconsin The (11) guarantees of our search work are explained below: 1. Client Organization: The client is defined as the entire entity, including all departments, divisions, sections and groups. This assures that all of our guarantees apply to the entire client organization. 2. Two -Year Off Limits: We will not recruit candidates from a client organization for two years after completion of a search assignment without the full agreement of the client. 3. Placement Off Limits Forever: We will never recruit a candidate whom we have placed in a client organization as long as he /she is employed by that organization without the full agreement of the client. 4. Continue the Search: If, for any reason, the client does not feel comfortable selecting a candidate from our original recommended group of candidates, we will continue the search until the client can make a selection. The only caveat is that we may need to charge additional out -of- pocket expenses only for this additional work. 5. Replacement of Successful Candidate: If the candidate we place with the client leaves the client organization for any reason during the 24 -month period following the date of placement with the client, we will replace the candidate for the out -of- pocket expenses only that it costs us to make the new placement. 6. Parallel Candidate Presentation: We will not present a candidate simultaneously to more than one client. This permits our firm to represent one client organization without any conflicts of interest. 7. Client Conflicts: If asked, we will disclose to our clients the names of the organizations which are "Off Limits" that logically would be target organizations on the new search assignment. 8. Deceptive/Misleading Search Techniques: We commit to our clients and to our prospective candidates that we will not use any search techniques, which may be considered as deceptive or misleading. 9. Resume Floating: We will not float resumes to organizations in the hopes that we can collect a fee if that individual is hired. 10. Not Represent Individuals: We assure our clients and individuals who may become candidates that we will not collect a fee from candidates whom we may recommend for a position. 11. Recommendations: We will not recommend a candidate that works for a current or former employee of the consultant without disclosure. 5 Attachment "B" INSURANCE REQUIREMENTS FOR "PROFESSIONAL LIABILITY" PROVIDERS FOR CITY OF OSHKOSH It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits $1,000,000 each claim/$ 1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service /job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (a) $1,000,000 each occurrence limit (b) $1,000,000 personal liability and advertising injury (c) $2,000,000 general aggregate (d) $2,000,000 products — completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (a) Premises and Operations Liability (b) Contractual Liability (c) Personal Injury (d) Explosion, collapse and underground coverage (e) Products /Completed Operations (f) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE A. $500,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for "Any Auto" - including Owned, Non -Owned and Hired Automobile Liability 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — If required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Disease — Each Employee Attachment B — Page 2 ADDITIONAL PROVISIONS *Additional Insured — On the General Liability Coverage and Business Automobile Coverage. City of Oshkosh and its officers council members agents employees and authorized volunteers shall be Additional Insureds. *Certificates of Insurance A copy of the Certificate of Insurance must be on file with the City Clerk. *Notice NOTE: City of Oshkosh requires 30 day written notice of cancellation, non - renewal or material change in the insurance coverage. *The insurance coverage required must be provided by an insurance carrier with the `Best' rating of "A — VII" or better. All carriers shall be admitted carriers in the State of Wisconsin. attomey:agreements /Executive Search Firm — Revised 7 . OP ID TD ACORD CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDD/YYYY) 02/ PRODUCER Service Insurance Agency P.O. Box 1250 1655 N. Arlington Heights Road THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL Arlington Heights IL 60004 -1250 Phone:847- 870 -0400 Fax:847- 870 -0562 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Hartford 22357 INSURER B: Philadelphia Insurance Co A X COMMERCIAL GENERAL LIABILITY 83SBAUP6600 12/29/07 12129108 PREMISES (Ea oocurence) The Par Group Public Mgt LLC Heidi Voorhees 100 North Wauke an #211 Lake Bluff IL 6DO44 INSURER C: MED EXP (Any one person) INSURER D: PERSONAL & ADV INJURY $ 1000000 INSURER E: $ 2000000 rrrn,enACOc _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215 Church Avenue POLICY NUMBER POLI Y EFFECTIVE POLICY EXPIRATION uu' IN9H LTR NSR TYPE OF INSURANCE DATE MMIDDIYY DATE MM/DD/YY LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY 83SBAUP6600 12/29/07 12129108 PREMISES (Ea oocurence) $ 300000 CLAIMS MADE FX ] OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 POLICY X SECOT- LOO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A ANY AUTO 83SBAUP6600 12/29/07 12/29/08 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY $ X HIREDAUTOS (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F] CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT $ 1000000 A EMPLOYERS 'LIABILITY 83WECTA8248 12/29/07 12/29/08 E.L. DISEASE - EA EMPLOYEE $ 1000000 ANY PROPRIETORIPARTNER /EXECUTIVE OFFICER/MEMBEREXCLUDED? E.L.'DISEASE -POLICY LIMIT $ 1000000 If yes, describe under SPECIAL PROVISIONS below OTHER B Professional Liab PHSD230438 12/29/07 12/29/08 Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate includes additional insured with respects to general liability per written contract: City of Oshkosh, and its officers, council members,agents,employees,and authorized volunteers. PCDTICW'ATC Unl nP0 CANCELLATION CITYOFO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Ci of Oshkosh NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL P.O. BOX 1130 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215 Church Avenue Oshkosh WI 54903 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Vince Smith ACORD 25 (2001108) WP%1 Wnu 6 Wmr wV 11V1� iaov