HomeMy WebLinkAbout05-30 Resolution No. 05-30
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE PAR GROUP FOR
RECRUITMENT AND SCREENING SERVICES FOR THE POSITION OF POLICE CHIEF
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with The PAR Group for recruit and screening
services for the position of police chief,a copy of which is attached hereto and made a part hereofby
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 9, 2005
Adopted: February 9, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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AGREEMENT
THIS AGREEMENT, made and entered into this `1 day of F€R, _, 2005 by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and THE PAR GROUP, a
corporation, authorized to do business in the State of Illinois (hereinafter referred to as
"CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection
with the search for a new City of Elgin Police Chief(hereinafter referred to as the SEARCH).
AND
NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does
hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is hereby acknowledged to act for and represent it in all Consultanting matters involved in
the SEARCH, subject to the following terms and conditions and stipulations,to-wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Manager of the CITY,
herein after referred to as the "MANAGER".
B. CONSULTANT shall provide to the CITY the services as set forth in the Scope of Services is
attached hereto as Attachment A, letter proposal dated December 6,2004. In the event of any
conflict between the terms and provisions of this Agreement and the terms and provisions of
Attachment A,the terms and provisions of this Agreement shall control.
IL PROGRESS REPORTS
A. A detailed SEARCH schedule for the SEARCH is included as Attachment B, attached hereto.
Progress will be recorded on the SEARCH schedule and submitted monthly as a component of
the Status Report described in C.below.
B. The Consultant will submit to the MANAGER a detailed schedule outlining the steps to be
taken during the search process and dates of completion for each.
III. WORK PRODUCTS
All work products prepared by the CONSULTANT pursuant hereto including, but not limited to,
reports, studies, and recommendations shall be the property of the CITY and shall be delivered to the
CITY upon request of the MANAGER provided,however,that the CONSULTANT may retain copies
of such work products for its records.
IV. PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum
of Fourteen Thousand Dollars ($14,000), regardless of actual Costs incurred by the
CONSULTANT unless SUBSTANTIAL modifications to the SEARCH are authorized in
writing by the MANAGER. CONSULTANT shall perform the services pursuant to this
Agreement according to the schedule attached hereto.
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B. For outside services provided by other firms or subconsultants, the CITY shall pay the
CONSULTANT the invoiced fee to the CONSULTANT. No such outside services shall be
provided by other firms or subconsultants unless the CONSULTANT receives the CITY's
advanced written approval.
C. The CITY shall pay to the CONSULTANT the actual costs of reimbursable items listed in
Attachment A, as well as the additional services if requested by the City at the prices stated in
Attachment A.
V. INVOICES
A The CONSULTANT shall submit invoices in a format approved by the CITY.
B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred.
The CONSULTANT shall permit the authorized representative of the CITY to inspect and
audit all data and records of the CONSULTANT for work done under this Agreement. The
CONSULTANT shall make these records available at reasonable times during the Agreement
period,and for a year after termination of this Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time
upon fifteen(15)days prior written notice to the CONSULTANT. In the event that this Agreement is
so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable
expenses actually incurred prior to termination, except that reimbursement shall not exceed the task
amounts set forth under Paragraph IV above.
VII. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed
and,unless terminated for cause or pursuant to Article VI, shall be deemed concluded on the date the
CITY determines that all of the CONSULTANT's work under this agreement is completed. A
determination of completion shall not constitute a waiver of any rights or claims which the CITY may
have or thereafter acquire with respect to any term or provision of the Agreement.
VIII. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken
by the CITY, the CONSULTANT shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so made. Any
changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in
writing signed by the CITY and the CONSULTANT. Regardless of the decision of the MANAGER
relative to a claim submitted by the CONSULTANT, all work required under this Agreement as
determined by the MANAGER shall proceed without interruption.
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach shall be
deemed to constitute a default, and the other party has the right to seek such administrative,
contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either
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party,by reason of any default, fails within fifteen(15) days after notice thereof by the other party to
comply with the conditions of the Agreement,the other party may terminate this Agreement.
X. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and
hold harmless the CITY, its officers, employees, agents, boards and commissions from and against
any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not
limited to workers compensation claims, in any way resulting from or arising out of negligent actions
or omissions of the CONSULTANT in connection herewith, including negligence or omissions of
employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the
event of any action against the CITY, its officers, employees, agents,boards or commissions, covered
by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal
counsel of the CITY's choosing. The provisions of this paragraph shall survive any completion,
expiration and/or termination of this Agreement.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally or held
contractually liable under any term or provision of this Agreement or because of their execution,
approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect,
during the term of this Agreement, a policy of comprehensive general liability insurance with
limits of at least$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property
damage.
The CONSULTANT shall deliver to the Purchasing Director a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the City.
The Certificate of Insurance which shall include Contractual obligation assumed by the
CONSULTANT under Article X entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. There shall be no endorsement or modification of
this insurance to make it excess over other available insurance, alternatively, if the insurance
states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance
covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000
per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the general
liability and auto exposures may be met with a combined single limit of $1,000,000 per
occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The CONSULTANT shall carry Consultants Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a combined
single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be
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submitted to the MANAGER as evidence of insurance protection. The policy shall not be
modified or terminated without thirty(30)days prior written notice to the MANAGER.
XIII. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall be no
discrimination against any employee or applicant for employment because of sex, age, race, color,
creed, national origin, marital status, of the presence of any sensory, mental or physical handicap,
unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not
be limited to, the following: employment advertising, layoff or termination, rates of pay or other
forms of compensation and selection for training,including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any services or
activities made possible by or resulting from this Agreement on the grounds of sex,race, color, creed,
national origin, age except minimum age and retirement provisions, marital status or the presence of
any sensory, mental or physical handicap. Any violation of this provision shall be considered a
violation of a material provision of this Agreement and shall be grounds for cancellation, termination
or suspension,in whole or in part,of the Agreement by the CITY.
XIV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and the
assigns of the parties hereto; provided, however, that no assignment shall be made without the prior
written consent of the CITY.
XV. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other
provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to
each and every item,condition and other provision hereof to the same extent that the CONSULTANT
would have been obligated if it had done the work itself and no assignment,delegation or subcontract
had been made. Any proposed subcontractor shall require the CITY's advanced written approval.
XVI. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership,joint venture,employment or other
agency relationship between the parties hereto.
XVII. SEVERABILITX
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision
of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all
other portions of this Agreement shall remain in full force and effect.
XVIII. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience
and for reference and in no way are they intended to define, limit or describe the scope of intent of
any provision of this Agreement, nor shall they be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction thereof.
XIX. MODIFICATION OR AMENDMENT
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This Agreement and its attachments constitutes the entire Agreement of the parties on the subject
matter hereof and may not be changed, modified, discharged or extended except by written
amendment duly executed by the parties. Each party agrees that no representations or warranties shall
be binding upon the other party unless expressed in writing herein or in a duly executed amendment
hereof,or change order as herein provided.
XX. APPLICABLE I1AW
This Agreement shall be deemed to have been made in, and shall be construed in accordance with the
laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights
pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois.
XXI. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the MANAGER,
nor will the CONSULTANT make public proposals developed under this Agreement without prior
written approval from the MANAGER prior to said documentation becoming matters of public
record.
XXII. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work
associated with the SEARCH.
XXIII. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a
violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging.
XXIV. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that
include,at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS
5/2-105.
XXV. WRITTEN COMMUNICATIONS
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All recommendations and other communications by the CONSULTANT to the MANAGER and to
other participants which may affect cost or time of completion, shall be made or confirmed in writing.
The MANAGER may also require other recommendations and communications by the
CONSULTANT be made or confirmed in writing.
XXVII. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and shall be
mailed by First Class Mail,postage prepaid,addressed as follows:
A. As to CITY:
Olufemi Folarin
Acting City Manager
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to CONSULTANT:
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement
in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not
been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By:4344°4 ke-C444^— By: �--
City Clerk Mayor
(SEAL)
For the CONSULTANT:
Dated this7 day of -r ,A.D.,2005.
6.0
ATTEST:
(---7',._--1--
By: By
Secretary President
(SEAL)
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I
ATTACHMENT B
City of Elgin—Chief of Police
Tentative Executive Search Schedule
January 31-February 4 Job announcements placed by Consultant on behalf of
Town in Professional Publications and Websites
February 4 Final approval of Recruitment Profile by City Manager
February 14— 18 Profile returned from printer
February 25 Recruitment letters and Profile sent to potential candidates
and Profile sent to all applicants to date
April 4—April 8 Consultant reviews resumes, interviews candidates,
conducts background checks
April 15 Transmittal of report containing eight to ten Semi-Finalist
candidates to City Manager
Week of April 18 Meeting of Consultant with City Manager,H.R. Director
and Asst. City Manager to review Semi-Finalists; selection
of five or six Finalists for Interview process (Meeting lasts
approximately 1.5 to 2 hours)
Week of April 25 First and second Interviews of Finalists and selection of
candidate for appointment consideration. This process
would take approximately 1.5 days. Candidates would
come in early and get a tour of the City and Police Station
prior to their interviews. After the first round of interviews,
we recommend a second interview with two or three of the
candidates while they are in town.
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`,`S OF f4.C'
o � f� City of Elgin Agenda Item No. EL
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January 7, 2005 ;._ trto ill
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lis ,TO: Mayor and Members of the City Council FINANCIALLY STABLE C ITY GOA RNNIENT
EF FIC IENT SERVICFS,
��,�Q AND QUALITY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager `���`'
Gail Cohen, Human Resources and Purchasing Director
SUBJECT: Search Firm for Police Chief Position
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider hiring the PAR Group to assist in the recruitment and screening of
qualified candidates for Chief of Police.
(' RECOMMENDATION
It is recommended that the City Council approve the award of a contract to the PAR Group in the
amount of$14,000 plus expenses.
BACKGROUND
Our current Police Chief, William Miller, has notified the City of his intent to retire in February,
2005. As in the past with special positions, the City wishes to use a consultant to conduct a
national search for candidates.
Two search firms, PAR Group and Slavin Management Consultants, were contacted to provide a
proposal to include a scope of services and a cost estimate. Scopes of services included
advertising the position nationally, and recruiting and screening candidates to provide a shortlist
of qualified applicants for the City to interview. Cost proposals are summarized as follows:
Reimbursable
Professional Fee Expenses (est.) Optional Services
PAR Group $14,000 $4,000 Background - $ 125
Media Search - $ 40
Myers Briggs - $ 200/ea
Assessment Center- $3,900
rik Slavin $13,405 $5,362 travel
Management $ 350 phone
' y s
Search Firm for Chief of Police
January 7, 2005
Page 2
The PAR Group is being recommended for award. The City successfully worked with the PAR
Group for the position of Parks Superintendent, as well as assisted the last time the Chief of
Police position was vacant.
GROUPS/INTERESTED PERSONS CONTACTED
None.
./fFINANCIAL IMPACT
The proposed fee plus reimbursable expenses from PAR totals $18,000. Optional services, if
utilized, would add $4,265 to the contract. Funds to pay for this contract shall be transferred
from the Police Department's Personnel Services account (010-2301-731.01-01) to the
Miscellaneous Services account (010-2301-731.30-99) as a result of payroll savings from the
retirement of the current Chief of Police.
IWEGALIMPACT
\elik
None.
ALTERNATIVES
1. Award the contract as recommended.
2. Award a contract to another search firm.
3. Conduct the position search with staff.
Respectfully submitted for Council consideration.
GAC