HomeMy WebLinkAbout1504-PERF Interim Police Chf SearchCONTRACT BETWEEN
THE CITY OF SANFORD, FLORIDA
AND THE
POLICE EXECUTIVE RESEARCH FORUM
RECITALS
The Police Executive Research Forum (referred to hereinafter as "PERF") of Washington,
D.C., is engaged in providing research, studies, audits, technical assistance, training,
executive search and other professional support and consulting services to police and
sheriffs departments, other law enforcement agencies at all levels of government, and police
related organizations in the United States and Canada.
Z The City of Sanford, Florida (referred to hereinafter as "Client" or "City") is seeking to hire a
Chief of Police to oversee the Sanford Police Department,
1 The Client, in the interest of seeking to hire the best qualified candidate for Chief of Police
position, desires to utilize PERF (also referred to as
"Contractor").
4, In consideration of the mutual promises set forth herein, it is agreed by and between the
Client and PERF as follows:
SECTION ONE—SCOPE OF WORK
For the Sanford Executive Search Project, PERF will provide recruiting services to assist the Client
in selecting its interim chief of police. The complete scope of work for this contract is outlined in
Attachment 1: Scope of Work and Cost Proposal.
SECTION TWO—INDEPENDENT CONTRACTOR
The parties to this contract agree that the relation created by this contract is that of an independent
contractor (PERF). No federal, state, or local income tax nor any payroll tax of any kind shall be
withheld or paid by the Client on behalf of the Contractor. The Contractor shall not be treated as an
employee with respect to the services performed hereunder for federal or state tax purposes, The
Contractor is not eligible for, and shall not participate in any employer pension, health, or other fringe
benefit plan of the Client. The Client will not obtain workers' compensation insurance for the
Contractor and the Contractor agrees to comply with applicable workers' compensation laws. The
Contractor shall adhere to all laws and ethical standards applicable and shall perform in a manner
consistent with generally accepted standards.
SECTION THREE—TERMS OF PAYMENT
The effective date of the contract shall be March 26, 2012 and shall not extend beyond the May 31,
2012, unless further extended by amendment to this contract.
As compensation for performance hereunder, the Client will pay for PERF's services established in
Attachment 1, PERF will complete all of the services outlined in Attachment 1 under this contract.
PERF will submit invoices monthly, and the Client agrees to pay the contractor as invoices are
received, within 30 days of receipt.
Maximum Contract Value
The maximum value of the professional services associated with PERF's work on this contract will
not exceed $20,000.00. Additional costs such as meeting facilities and candidate travel expenses
are not included in the professional service fees and will be billed to the Client at direct cost. See
Attachment 1.
SECTION FOUR—DELEGATION OF SERVICES
Chuck Wexler will oversee this contract and agrees to be responsible for the completion of the work
specified in this agreement.
SECTION FIVE—CONTROL OF WORK
PERF, as an independent Contractor retains the right to generally control or direct the manner or
means by which the work described herein is to be performed. Any changes to the scope of work will
be mutually agreeable in writing.
SECTION SIX—CONFLICTS
PERF will use all reasonable efforts to ensure that they are under no obligation, agreement, written
or verbal, nor have they previously worked or been otherwise in any position which will cause any
conflict of interest to arise in connection with the services to be provided to the Client. This obligation
to notify the Client of any potential conflict of interest pertains to both the basic contractual
relationship to the Client and specific tasks to be performed under this contract.
SECTION SEVEN— COPYRIGHTS AND DATA
The parties agree that PERF holds the copyright to any work produced under this agreement. As
such PERF may use, disclose, reproduce, deliver, dispose of, and authorize others to do so in any
lawful manner, all such work produced by PERF,
SECTION EIGHT—NO AUTHORITY TO BIND PERF
Neither party shall have the authority to enter into contracts or agreements on behalf of the other
party.
SECTION NINE—ANTI-ASSIGNMENT
Neither PERF nor the Client shall assign any interest in this contract without the written consent of
the other party.
SECTION TEN—NON-WAIVER FOR MATERIAL BREACH
The failure of either party to exercise any of its rights under this agreement for a material breach
thereof shall not be deemed to be a waiver of such rights or a waiver of any such subsequent
breach.
SECTION ELEVEN—TERMINATION
Performance under this agreement may be terminated by PERF or the Client should either party fail
to comply with any of the terms or conditions set forth in this contract, or should the Client determine
in good faith that the contractor is in any way unfit, unqualified, or unable to perform all of the
services outlined in this contract, upon 30 days written notice. Upon receipt of notification, PERF will
proceed in an orderly fashion to limit or terminate any outstanding commitments and/or to conclude
the work. PERF must be reimbursed by the Client for all costs and non-cancelable commitments
properly incurred in performance of the work prior to receipt of termination notice. PERF may
terminate the contract if circumstances beyond its control preclude the continuation of the work. If
PERF terminates, PERF must reimburse the Client all unexpended funds, except for those funds
needed to pay for non-cancelable commitments.
SECTION TWELVE—SEVERABILITY
If any part of this agreement shall be held unenforceable, the rest of this agreement will nevertheless
remain in full force and effect.
SECTION THIRTEEN —WRITTEN NOTICE
Communication regarding this agreement may be sent to PERF. at 1120 Connecticut Avenue, N.W.,
Suite #930, Washington, DC 20036 or to the Client at City Manager, Norton Bonaparte
Office of the City Manager, City of Sanford, 300 N Park Ave, Sanford FL 32771 PO Box 1788,
Sanford, FL 32772.
SECTION FOURTEEN—GOVERNING LAW
This agreement shall be governed by the laws of Florida.
SECTION FIFTEEN—DISCRIMINATION PROHIBITED
In hiring or employment made possible by or resulting from this contract, there will be no unlawful
discrimination against any employee or applicant for employment on account of sex, race, religion,
color, national origin or ancestry, age, disability, marital status, or sexual orientation. This shall
apply to all employment related activities, including but not limited to, recruitment and selection;
demotion, transfer, lay-off or termination; rates of pay or other forms of compensation and selection
for training. PERF agrees to include this provision on discriminatory practices in all appropriate
subcontracts for work covered by this contract.
SECTION SIXTEEN—LIMITATION ON DELEGATION OF SERVICES
PERF agrees not to delegate any duties under this contract without the Client's express consent.
City of Sanford:
Norton Bonapahe
City Ma;in7ae
Date
Police Executive Research Forum:
Chuck Wexler
Executive Director
Date
Attachment 1.
City of Sanford
Recruiting Services to Assist im the Executive Search for Interim Police Chief
Scope of Work and Cost Proposal
Prepared by the Police Executive Research Forum (PBRF) '
March 20%2
Scol2e of Work
The Police Executive Research Forum(P0RF) will provide recruiting services to assist the City o[
Sanford k]imnMioa selective executive search process for its interim police chief. The interim
police chief is expected to serve for 3-5 months. The specific tasks proposed for PERF are outlined
be]Vvn PEHF would also be available toprovide advice to the Client throughout the process.
PE8FvvO|:
I. Meet ioperson with the City Manager to determine structure n[the process and ideal
candidate qualifications;
2. Identify qualified candidates;
3. Accept inquiries and letters from interested candidates;
4. Evaluate candidates, conduct phone interviews, reference checks and internet searches oil
potential candidates;
S. Conduct a conference call to present best guaUOedpoteoda| candidates to the City D4angger;
6. Conduct [oUovvupcaUotopoteuda| candidates basmdou the conference call Lnsolicit
additional information for the City Manager;
7. Facilitate and participate in interviews between City Manager and potential candidates; and,
8. Provide on-going advice and assistance to the City Manager throughout the process.
The Client would also be responsible for having a full field background investigation conducted on
the final candidate. PDI<Y recommends that the background check be completed prior bmthe
Client's final selection of the candidate for Interim Police Chief.
Cost Proposal
Professional Service Fee: The maximum cost of the professional services described inthis
proposal is $20,000. This cost includes PERF staff and consultant time, travel-related expenses for
P0flP staff and consultants, and office expenditures (nd]cm supplies, postage, shipping, telmpbone,
etc.) related to this work. PEBF agrees to complete the above scope o[ work for this cnoxicuuou fee.
PERF will bill the Client according to its actual level of effort on this contract, which may fall under
this estimated contract cost. The total professional services expenses for this contract will not
exceed the maximum of $20,800'
Additional Costs
All additional costs are not included in the Professional Service Fee. These costs will be direct billed
to the Client hvPERK The following costs are in addition N the professional services fee outlined
above. The Client will ensure appropriate funding for these expenses and will reimburse PERF for
these costs aoneeded. PERF will seek the Client's approval before incurring additional costs. These
costs may include:
Candidate Travel: Travel costs for candidates to participate in interviews with the Client.
Travel costs include airfare, accommodation, local transportation, per diem, and other
reasonable travel expenses. PERF will provide candidates with travel assistance through use of
its travel agent. (Note: Travel costs for PERF staff and consultants are included in the Professional
Service Fee described above.)
Meeting Facilities. Suitable facilities for activities related to the performance of this contract
(such as interview and meeting rooms) will be provided at no cost to PERF. PERF will seek no-
cost facilities as possible for these meetings.
Background investigation: PERF recommends that afull and complete background
investigation be conducted on the person selected for appointment as Chief of Police. This
service is not included in our proposal. A reputable investigative body will need to be engaged
to conduct site interviews and detailed background investigations.