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HomeMy WebLinkAboutRES 22-031RESOLUTION NO. 22-031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Agreement with Baker Tilly US, LLP, of Plano, Texas, in the amount of $24,500.00 to provide executive recruitment services to identify the next City Manager. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of January, 2022. - Mayor Robin Mouton - IRRY bak- tt January 21, 20:�-2 Mr. Chris..Catalina.. Personnel Director okybfdoo a , mor . it 801 Main :St Beaumont, TX 77701 Dear Mn. Catalina: 'This :,.letter -dbe-um,ejits,'thb City TX ("youff"&"Client!") 6nd6obtrient ofBakef Tilly, US; iP ("we" Tilly�"), "ago tL I _e ".P t6.cbhdudt,,ah executive, search for a City. Manager r (the Ojod,' )and 'O.Of I I - nes,ympqr and our obligationsfor the Project. ect. burproposal d6ted'JanuaW& 2022, is, , 'Incorporated'.4 rbference. 11 Sc6pe, Objoc'fives, and Approach Our team approach, which uses .a' combination ofyour personnel -.'and ours, is important to the success, oflhe -Project.We recog.hi,z-e that your: rdmizatibri and its teafn-rnernbersbring: the, knowledge .,of' bur particular hoeds,, and We brihg.a -profound understanding and record of-sucdoss in the, public sector executive: recruitment-and$48oti0hpraOticO: Ph' d),,'et t r P iak, 'Task 1 Develop a-itandidate- pr6fitlq; outline,prepare and pr.esent-a-,customized ,iii'ark6fingi Phase I rec(p udin 44t Teptingswith- your key,L one day 611-�Sffdorvirt _jjin-gl and o1ut.r,OAdh-,str,6tOgy'(ind.1. PY, 'st8likeholder dhdLth'o Project Tearn. Leader). Task'2,- Launch national recruitment campaign' post inappropriate: j6u[�*9,,,p,u'bH-ca,,.Uo,ng,o.rpla�VorMsfor 36 calendar days; --collect applications, correspond -with appfic'arits, and ,classify all applications. Task 3- identify applicants who meet'or exceed'desireftublished qualifications. Prepare,,,a semifinal report4or,011ent, with due -diligence juestionnalre,Vrift0h. questionnaire,anddhel= w6yvi.de­oihtetvieW,*. '(Includes -one -day on -site or virtual coriso-It6tion With P,roj6pt Tearn PhAs6 11 Lead6r to rbvie1Wor'd.1sq1dss individuals presented)-. schedule d" -0 suggested interview Task 4- Prepqre.intervjeW p r .Fobq�s interviews, propp 0, questions. Secbrer.authori2afion,for,,,andwhen obtained; perform- "criminal,court, ban1krupt,c,yj,and'driv1'ng record check,,�and soci6f:secur&y, verification. Ad . niinisterTTI LqkdetshipAss' h . L Sea -0 and review 6ppj1c6nts'.,qn11in,e pubiic t aJoris., mentiolng and socibl'.me,dia-vesendo. Task 5 =Prbpare Final Report,, coordihate.finlaililhtet,'.View. Phas6 111 ava a6le Vid -1red by.,.Cflent), finalize interview agenda,, prepareIndividual il uallyj If.1-des candidate rating sheet, and notifyindividual-s'.not selected in the process. Taik, 6 - Negotiate and coordinatejob,,offer an&acceptance. Notify applicants'interviewed but nbt1s61bct6d,viaz telephone callbf intiji-viewoutdorrie. Present TTI.LeadershipAssessment;' and baftrbund report onJndiv1dUa1_se1bbted. Conclusion I Individual selected by Client -accepts employment offer: city -of B6uihohtTX— C Ity, Manager maqb� Ej6b'cuUv&RdcrUJtftient' EXHIBIT .N, 0 bakdru..ly Project Timing and Budget The Project will commence upon your execution of this engagement letter ("Effective Date") and will remain in effect for the period necessary for successful completion of the Project. 1. Dr. Edward G. Williams will lead the Project. He will involve other professionals in the Firm to focus on achieving the projected results, as needed. The all-inclusive professional fee to complete the Project is $24,500 ("Fee") and includes the cost of professional services by the Project Team Leader, project support staff, and all project -related expenses such as advertising, printing, candidate background and reference checks, and travel expenses for on-site'visits by the Project Team Leader. Travel expenses incurred by candidates for on -site interviews with the Client are not the responsibility of Baker Tilly. The Client will handle travel expenses for candidates it invites to in person interviews. The Client will make payments upon receipt of an invoice submitted by Baker Tilly. Payment to Baker Tilly is due within 30 calendar days of receipt. Baker Tilly will forward all invoices to the Client for processing unless otherwise directed. For reporting purposes, Baker Tilly's tax identification number.is 39-0859910. 2. Baker Tilly will bill the Client in four installments as follows: 30% of the Fee upon execution of this Letter; 30% at Phase I; 30% Phase 11; and the final 10% upon acceptance of offer by the candidate. The Fee is not contingent. 3. If Client requests Baker Tilly to perform additional services beyond the services described above, such as conducting an employee/community survey or making additional on -site visits, such additional services shall result in additional fees. For each employee/community survey, the additional fee shall be $1,650. For additional on -site visits (beyond the three on -site visits which include four consulting days) described above, the additional fee would be our standard daily rate of $1,500 and associated travel expenses. All additional expenses shall be invoiced within the phase in which they occurred. 4. Client may terminate this Agreement for its convenience at any time. If you terminate this Agreement before completion, Baker Tilly shall invoice you for any unpaid portion of the total Fee. Client may also terminate this Agreement due to the failure of Baker Tilly to comply with the terms and conditions of this Agreement. In the event of termination due to Baker Tilly's failure to fulfill the terms of this Agreement, Baker Tilly shall be entitled to compensation for professional service fees for services rendered through the date of termination. In the event of termination, Baker Tilly will stop work immediately and shall provide to the Client all work product completed, through the date of termination. Baker Tilly's Guarantees 1. TERM: Baker Tilly shall remain on the Project until the Client selects a candidate to hire. If the Client is unable to make a selection from the initial group of semi-finalists or finalists presented, Baker Tilly will work to identify additional candidates for your selection. 2. We pledge that in the event the candidate you select separates from service (termination or resignation) within 12 months, beginning with the candidate's hire date, Baker Tilly will conduct an additional search on your behalf, at no additional professional fee. However, you will be responsible for Project -related expenses to include travel. Internal candidates selected from within your organization do not qualify for this guarantee. Except as stated above, Baker Tilly cannot guarantee the success of any candidate or guarantee City of Beaumont, TX — City Manager Executive Recruitment 21Page baktrtitty that he or she shall perform to your expectations, as those expectations are beyond Baker TilIy's control. 3. Baker Tilly will not solicit the candidate you select, for any other recruitment, while said candidate remains employed by your organization. 4. When Baker Tilly obtains a criminal or credit history report on the candidates, Baker Tilly shall comply with the Fair Credit Reporting Act (the "FCRA') in obtaining the reports. Baker Tilly cannot guarantee the completeness or accuracy of the information in the reports. 5. Baker Tilly will not discriminate against any candidate on the basis of age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital status or on any other basis prohibited by federal, state or local laws. Furthermore, we shall make a good faith effort to include a diverse pool of qualified candidates in our search assignments. Client's Obligations 1. You agree that you are responsible for candidate selections and that you will not discriminate against any candidate on the basis of age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital status or any other basis that is prohibited by federal, state or local law. 2. If you decide to not hire a candidate as a result of a criminal or credit history report, you agree to comply with the Fair Credit Reporting Act with regard to any pre or post - adverse action notices and requirements. 3. You agree to respond to requests for documents and reports in a timely manner. Failure to do so on your part will protract timelines and can negatively influence the outcome of the process. Miscellaneous 1. Neither this Agreement nor any rights. or obligations hereunder shall be assigned or delegated by Baker Tilly without the prior written consent of the Client. 2. This Agreement shall be modified only by a written Agreement duly, executed by the Client and Baker Tilly. 3. Should any of the provisions hereunder be found to be invalid, void, or voidable by a court, the remaining provisions shall remain in full force and effect. 4. Records Retention. Copies of all hard copy documents associated with the recruitment will be retained for three years from the anniversary date of the hiring of the candidate. Retention of records beyond three years must be requested in writing before the conclusion of the recruitment. S. Venue for any dispute arising from this Agreement shall be proper in Beaumont, Jefferson County, Texas. If this letter is in agreement with your understanding, please sign below and return one copy to us for our files. We look forward to working with you on this important project. [Eignalures on thefollowingpoge] City of Beaumont, TX - City Manager Executive Recruitment 31P.age Sincerely, Edward G. Williams, Ph.D., Director, Practice Co -Leader CLIENT SIGNATURE: Name: Title: Date: APPROVED BY: Name: Title: Date: � baktrdfty City of Beaumont, TX -- City Manager Executive Recruitment 4 1 P a g e Adow� ba' rt.11 t, January 21 2022 Mr. Chris Catalina,, Personnel Director City of Beaumont ,901 Main St, Beaumont, TX 7'7701 Dear Mr. Catalina: This letter documents the City of Beaumont, TX (fyouff' or "Client", ), engagement of BakerTilly �US, lit 'I LLP P 140 we"or "Baker Tilly") to conduct an executive search for a, City Manager (the roject") and defines your and our respective obligations for the Project, our proposal dated January 5, 2022, is Incorporated by reference. Scope, Objectives and Approach Our team approach, which uses, a combination of your personnel, and ours I is im portnt to the success of'the Project. We recognize that your organization and its team members bring the knowledge of'your particular needs, and we bring a profound understanding and record of success in the public sector executive recruitment and selection practice. rrrr rrr . . .... I uia ....... 'Task 1—Develop, a canidida,teprofile; loutline,prepare and present a customized marketing, Phase I rec ru Ifing and outreach s trateg y (i ncl ud inn on e-d ay on-s it,e o r vi rt u al m eeti nigs with your key stakeholderand the ProjectTeam Leader). Task 2 — Launch national recruitment campaign, post announcement inapproplate 6 jou-mls,p�ublicafionsorlatfcxmsfor3O calendardays; collect applications, corres, pond with, applicants, and classifyall applications. Task — Identify applicants who meetorexceed d esir ed/publis hed q ualifi cations. Prepare a 1! ifinal report for Client, with dlue diligence questionnaire, semi 1 1 1 written uestionnai it , and o ne- wayvideo interview. (Includesone-daylon-site orvirtual consultation with project Team I I Phase 11 Lead ert,o reviewordiscuss individuals presented) . Task 4— Prepare interview process, schedule interviews,, and prepare suggested interview q uestio ns. Secure authorization for, and when o btallned , perform cri m i nal, co urt, bankruptcy, and driving record, check, and social security verification, Ad minister7l Lead e rs h'i p As s ess. ent., Search and review applicants o n I i ne p ub I icati oins, rn entions are social media presence. Task 5 — Prep are F1 nal Report, coordinate f i'nal i riterview p, ro cess, (Project Team Lead er Phase III available virtually, if desired, by Glient),1 f inal ize i nterview ag end a, prepare individual ica nd i d ate rati ng sheet,, and no of i nd ivi dua I s no t s e: lecte:d in the process: Task 6 — Negotiate and coordinate job offer andacceptance. Notify applicants intierviewed but not selected via a telephone all of interview outcome. Present TFI Leadership Assessment and background report on i nd i'vid'ual selected. Conclusion Individual selected by Client accepts employment offer. City of Beaumont, T'X —City Manager Executive Recru itinent 11 P a g e AMI bakert*it,( do Sp do a 41 11 lop M T M, ply dw AL a 4w amp AAA dit I I AL dr w w in your Interna,l candid'ates selected from withi org a n Ization d o a not q uI Ify f o r this g ua rantee. Except as stated above, Baker Tilly cannot guarantee the success ofany candidate or guarantee City of Beaumont, TX -City Manager Executive Recruitment 2 1 P a g e, ANOW- Ity bakert.1 I that he or she shall perform to your expectations, as those expectations are beyond Baker Tilly s control. 3i. Baker Tilly will not solicit the candidate you select, for any other recruitment, while said candidate remains employed by your organization., 4. When Baker Tilly obtains a criminal or credit history report on the candidates, B aker Tilly shall eAc"FCRA,") in, Obtaining the reports. Baker Tilly cannot comply with the Fair Credit Rporting t (the guarantee the completeness or accuracy of the information in the reports. 5. Baker Tilly will not discriminate against any candidate on the barSIS of age, race, creed, color, religion, sex, sexual orientation, national origin, d1sabillity, marital status or on any other basis prohibited by federal, state or local laws. Furthermore, we shall make a good faith effort, to include a diverse, of of qualified candidates in, our search assignments. Client's Obligations 1. You agree that you are responsible for candidate selections and that you will not discriminate against any candidate on the basis of age, race, creed, color, religion, sex, sexual orientation,, national origin, disability, marital status or any other basis that is prohibited by federal, state or local law. 2. If you decide to not hire a candidate as a result of a criminal or credit history, report, you agree to comply with the, Fair Credit Reporting Act with regard to any pre or post - adverse action notices and requirements. 3. You agree to, respond to requests for documents and reports in a timely manner. Failure to do so, on your part will protract, timelines and can negatively inf luience the outcome of the process. Miscellaneous, I 1. Neither this, Agreement nor any rights or obligations hereunder shall be ass, , igned or delegatedby Baker Tilly without the prior written consent ofthe Client. 2. This Agreement shall be m ifled only by a written Agreern ent duly executed by the Ghent and Baer Tilly. 3. Should any of the provisions hereunder be found to be invalid, void, or voidable by a court, the remaining provisions shall remain in fullforce and effect. 4. Records, Retention. Copies of all hard copy documients associated with the recruitmentwill be I A retained fort hree years fir ann om the iversary aate of the hiring of the candidate. Retention of records beyond three years must be requested in writing before the conclusion of the recruitment. 1 5. Venue for any dispute arising from this Agreement shall be proper in Beaumont, Jefferson County, Texas. If this letter is in, agreement with your understanding, please sign below and return one copy to us for our files. We look forward to working with you on this im portant project. [Signatureson thefiollowingpage] G ity of Beau m o nt, TX ity Man ag er Execut ive Recru it m e n t 3 1 P a g e Sincerely, dward G. Will1lams, PhD, Director,, Practice Co-Lea4er Name-, Title: "How- Arl bakertill city of Beaumont, T— City Manager Executive Recruitment 4 1 P a g e