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HomeMy WebLinkAboutContract #: 1181 - From: 02-25-2019 To: 06-30-2019 - Municipal Resources, Inc. - Town Manager TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: Contractor— "-6e—g—al N In n e: Town Department Name: Municipal Resources,Inc. To Manager's Office Contractor Address: Mailing Address: 120 Daniel Webster Highway 120 Daniel Webster Highway Meredith,NH 03253 Meredith,NH 03253 Contractor Vendor ID: 3870 Contract Details: Description of Scope(Attach support documentation) Executive Search services. Conduct the recruitment search for the Town Manager position. Begin ate: February 25,2019 End Date: June 30,2019 Rate:$ 14,800($1,500 advertising budget) Not to Exceed Amount: 16,300 Contract Signatures Finance Director Contactor 1)epartment Head A roved pp as to the availability of AGREES TO PROVIDE THE A-FFACH ALL REQUIRED appropriations GOODS OR SERVICES AS DOCUMENTS INDICATED ACCORDANCE WITH THESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER In the amount of STANDARD CONTRACT GENERAL CONDITIONS $16,300 fl I i a c Signature !gnre tu Date: Title: Title:Assistant' n Ma ger Date: 41 ij- 1 I'll Date: Town Manager: Town Counsel Approved as to Form: N ZI- 1 Date: 1 ..........---1--..-.-....... TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article 1. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 2."rown"shall mean the Town of North Andover,Massachusetts 3. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including Contract Certifications and Applications excluding any language atricken by the Town as unacceptable and including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's Price Proposals,Performance Bonds,which documents are incorporated herein by rerere=. Any conflict between the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be resolved in favor of the Town's standard contract general conditions which shall preempt all of submittals. 4."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is awarded, Article II.Performance: The Conti-actor shall provide the services to undertake and perform all appropriate tasks described in the Contract Documents, The Contractor shall upon written request remove from Town promises or work sites and replace all individuals in the Contractor's employ who the Town determines to be disorderly, careless or incomlictcrit or to be employed in violation of the temis of this Contract, Performance under this contract shall includes rendered,obligations due,costs incurred good and deliverable proved and accepted by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed by and work product of the Contractor and accept or reject such goods,deliverable,services or work pro&ct. Article M.Time of Performance- The Contractor shall commence work immediately upon execution of this Agreement. If the Conira-etorfails to work at a reasonable speed or stops work altogether without due cause,as determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall be considered in default in the performarice of the Contnict. This Agreement may be extended or renewed upon agreement of the parties and only upon execution of written agreement. Article IV. Revisions in the Work to be Perforrued: If the Town requires revisions or other dianges to y chbe made in the scope or character of the work to be performed,the Town will promptly notify Contractor.For ananges to the scope of work,the Contractor shall notify the Town ofassociated costs in writing. The Contractor shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The Contractor shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town. Article V. Payment for Services: The To shall make payment to the Contractor as on the schedule and based on the milestones and deliverables set forth in the Contract Documents or on a periodic basi& Article Vt. Ownershlio and Confidentiality of MaterlakWork Products. All information,data,reports, shidies,designs,drawings,specifications,material,,%computer programs,documents,models,inventions,equipment, and any other documentation,product of tangible materials to the extent authored or prepared pursuant to this Contract(collectively,the"Materials"),shall be the property of tie Town. All Contractor proprietary rights shall be detailed in the Contract Documents. At the completion or termination of this Contract copies of all original Materials shall be promptly turned over tot Town.Once the To has paid for a particular Material,ownership vests in To and the Contractor must provide such Materials to To within ten(10)business days of the Town's request for the mine without cost to the Town. The To may use the Materials with respect to construction, maintenance,repair,alteration,expansion,modification and reconstruction oft Project at any time and from time to time. The To may use the Materials produced,generated or compiled by the Contractor for another project, provided the Contractor shall not be responsible for changes nude to the drawings6 plans,or specifications without the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project. The To agrees,to the extent permitted by law,to hold the Contractor harmless from any claims,losses arising out of any use or changes to the Materials by the Town or its representatives during any other construction not a part of this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract without prior written consent of the Town. I These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt good and semices. Aitele Vil. Release of Town: The Contractor agrees that acceptance otwhat the Town tenders as the final payment for final services under this Agreement shall bed to release of the To forever from all claims, demands,and liabilities arising fiona,out at or in any way connected with this Agreement. The Contractor shall execute a release if asked toy the Town. Article VIA. Indemnification: The Contractor shall indemnity,defend and hold harmless the To and all of its officers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands,losses and liabilities brought against them or basM upon or arising out of any act or omission of die Contractor,its agents, officers,employees,or subcontractors in any way connected to this Agreement. The Contractor agrees that it all be solely responsible for the conduct,health,and safety of its employces during the to of this contract and shall hold the Town harmless for any injuries,damages or losses incurred by its employees while working on this project, The Contractor's agreement to indemnify the To shall not be deemed to be released,waived or modified i.n any respect by reason of any surety or insurance provided by the Contractor under the Agreement. Article IX insurance. The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the To with certification of such.The Contractor shall at its own expense maintain motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance with a minimum limit of$1,000,000.00 per occurrence,S2,000,000.00 aggregate with a maximum deductible of $25,000.00. Ardeli X.Algliquient. The Contractor shall not assign,tratisfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town. Article XL Rye ationshin with the Town: All services to be perfort,ned under the terms of this contract will be rendered by the Contractor as an independent Contractor. one oft term of this contract shall create a .principle- agent,mastcr-servant or employer-employee relationship between the Town and the Contractor. The Contractor shall have no capacity to bind the Town in any contract nor to incur liability on die part of die To and if the Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal shall not obligate the To in any manner to any such employee. Article X11.ComplHance with Laws and areas ors RMonsibilities: The Contractor certifies that it and its subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts and that it is in compliance with Federal and State Tax laws. The Contractor all not discriminate against any employee,or applicant for eAriployment because of race,age,color,religious creed sexual orientation or identification,handicap,imccsirry,sex or nadonal origin. The Contactor will in all solicitations or advertisement form employees placed by or on behalf of the contractor,state that aU qualified applicants will receive equal consideration for employment out regard to raM age,color,religious creed,sexual orientation or identification, handicap,ancestry sex or national origin. If applicable,as determined by Massachusetts Department of Labor Standards,the Contractor all comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L.c. 149,&27B,which requires that a true and accurate record be kept of all person employed on a project for which the prevailing wage rates are requires. The Contractor shall and shall came its subcontractors to submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable, If an employer,die Contractor certifies compliance with applicable state and federal employment laws and regulations,including but not limited to minimum wages and prevailing wages programs and payments, unemployment insurance and contributions,workers compensation and insurance,child labor laws,human trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws. The Contractor agrm to be responsible for and warranty the work of its subcontractors listed in the Contract Documents and to ensure their compliance with all applicable legal,quality and performance requirements of the Contract Documents. The Contractor may not use subcontractors not named in the:Contract Documents without the prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all is for labor and/or services and materials contracted by it,if any,and for the rental of any office space,equipment or machinery hired by it,if any,for and on account for the services to be performed hereunder. The Contractor shall not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L c.268A. The Contractor certifies that it and its subcontractors am not currently debarred or suspended by the U.S.government the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal or state criminal or civil judgement,administrative citation,order for violation of M.O.L.c. 149,a. 151 or the Fair Labor Standards Act widiin three years prior to the date of the contract. 'Me Can tractorcerfifies that it has not declared bankruptcy. Article X111. Severabillu: In die event any provision of this Agreement is found by a court of appropriate jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in fill force and 2 effect. ArticleXIV. Termination otAgEeement: The Town may terminate this Agreement upon immediate written notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no fault attribuiable to the other. In the event of a failure to materially perform by the Contractor the notice of such breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the event of termination,the Contractor shall be compensated for work product and services performed prior to the date of termination. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under no circumstances shall the total price exceed the contract price, Article XV. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof. 3 120 Daniel Webster Highway ' Telephone: (603) 279-0352 Meredith, NH 03253 Toll Free: (866)501-0352 www.mrigov.com Municipal all@mrigov.com Resources,inc. NORTH ANDOVER, MA TOWN MANAGER EXECUTIVE RECRUITMENT SERVICES FEBRUARY 2019 SCOPE OF WORK MRI will work with the Board of Selectmen, Senior Staff/Division Directors and Screening Committee and others as needed to recruit and select an exceptional candidate for the position of Town Manager for the Town of North Andover. MRI will undertake the activities in this comprehensive executive recruitment process described below, in accordance with all applicable Massachusetts State Laws. APPROACH Preparation Phase 1. During the Preparation Phase, MRI will work with the Board of Selectmen and others as needed to review the recruitment process and work toward developing an "Ideal Candidate Profile and Challenge Statement". The Ideal Candidate Profile and Challenge Statement helps to: a. Identify critical organizational issues and challenges; b. Clarify roles, responsibilities, and expectations for the position; C. Understand the qualities, strengths, and characteristics of candidates envisioned for the Town Manager; d. Characterize the most desirable management strengths, behavioral styles, personal attributes, and motivating values needed in the ideal candidate to increase the probability of success in the role; e. Identify the likely issues and opportunities that the next manager must be prepared to address; and 1 f. Provide for potential candidates a profile of the community that encompasses the uniqueness of the community, demographics, economic stability and employment sectors, citizen involvement and form of government. In order to gain input from the community and other stakeholders, MRI will interview other key officials, as identified by the Board of Selectmen and Screening Committee, open an e-mail address for this specific recruitment that will provide for electronic community input, and schedule/facilitate up to two listening sessions/ public forums as well as interviews with department heads and other key stakeholders. Once approved by the client,the Ideal Candidate Profile and Challenge Statement will be posted on MRI's recruitment website for potential candidates to review. MRI will develop a community profile for the Town that encompasses the uniqueness of the community, demographics, economic stability, strong sense of volunteerism and form of government. 2. MRI will work with the appointing authority to develop a timeline for the recruitment process so that the Client and all candidates can plan accordingly. 3. MRI will develop ad copy, recommend advertising venues, and coordinate placement of the ads. 4. During this phase, MRI will receive input from the appointing authority,the Search Committee and any other stakeholders identified by the Client on the selection criteria to be used in the evaluation of applications. Recruitment Phase 1. The Recruitment phase is expected to last at least 30 days. During the recruitment phase, MRI will canvas MRI's professional network to identify and reach out to promising potential candidates to invite their application. 2. MRI will research MRI's database and contact potential candidates from other similar recruitments we have conducted in the past 12 months. It should be noted that MRI's advertising is targeted at venues that are most likely to engage candidates with the professional training, and experience desired by the client. Since some of these advertising venues will be viewed nationally and even internationally, it is expected that approximately 17 states will be represented in the candidate pool. MRI will leverage their entire team of consultants during this phase.to identify the largest group for the benefit of the client. Scope of Work N. Andover, MA: RFQ— Executive Recruiting Consultant Page 2 Prepared by Municipal Resources, Inc. February 2019 (11111) Municipal Resources,Inc. 3. MRI will receive, acknowledge and hold all resumes in confidence, forwarding all resumes to the Search Committee at the conclusion of the application period. Members of the Search Committee will be asked to sign a Confidentiality Waiver. MRI will acknowledge receipt of all resumes and keep candidates apprised of their status at each selection point throughout the process. Initial Screening Phase 4. MRI will perform an "Initial Screen" of all resumes received. The Initial Screen will review all resumes for minimum qualifications before ranking them against the Ideal Candidate Profile and any other selection criterion defined during the Preparation Phase. It is expected that the Initial Screening Phase will result in a list of candidates which meet the minimum qualifications, a list which do not meet the qualifications and a list which falls in the middle. MRI will provide the results of the Initial Screening to the Search Committee. It is expected that these results will include MRI's recommendation as to the top 10-15 candidates from the pool of responses. The Search Committee will make the decision as to which candidates will move to the "Essay Round". Essay Round 5. During the "Essay Round", in coordination with the Board of Selectmen and/or Search Committee, MRI will develop a written essay questionnaire to be distributed to the top qualified candidates (generally 12 to 15 candidates) as identified by the Search Committee. The essay questions will be focused on matters of special relevance to the client's needs or current situation. The questions will be prepared in consultation with the appointing authority and or Search Committee. Candidates will have a specified amount of time to respond (typically 10 days), after which MRI's team of consultants will review and rank the responses, providing a recommendation of the top responses to the Search Committee. The Search Committee will decide which candidates proceed to the "Phone Interview Round". Phone Interview Round 6. After essay responses have been returned, reviewed, and ranked, MRI will commence the Phone Interview Round. During this round, MRI will conduct a web search of the top remaining candidates (generally 10 to 12) and canvas MRI consultants,to identify potential issues or controversies in other jurisdictions. Then, two members of the MRI team will conduct telephone interviews with these candidates, placing the focus on current position and reasons for leaving; career history of successes and failures; future personal and professional goals; and their understanding of best practices and contemporary professional thinking in the field. In addition to screening the candidates, this interview Scope of Work N. Andover, MA: RFQ—Executive Recruiting Consultant Page 3 Prepared by Municipal Resources, Inc. February 2019 I I Municipal Resources,Inc. provides for follow-up to the essay responses and information found in the web searches. It also assists us in determining the verbal communication skills of the candidate and his/her ability to answer questions spontaneously. At the conclusion of the Phone Interview Round, MRI will make a recommendation of the top three to five (3 to 5) semi-finalists to the Search Committee. The Search Committee will decide which candidates to invite for the Search Committee Interview round. Semi-Finalist Interview Round 7. The MRI team will assist Search Committee with preparing for and facilitating on site interviews with the semi-finalists selected by the Search Committee in order to narrow the candidates to a list of finalists. Finalist Round 8. MRI will prepare the Board of Selectmen for interviews with the finalists and facilitate those interviews. All meetings will be in conformance with the Massachusetts Open Meeting Law. 9. The final candidates presented will, or will agree to become members of ICMA, and/or will agree to comply with the Code of Ethics of ICMA or the Massachusetts Municipal Management Association. 10. Following Board of Selectmen interviews with the finalists, the appointing authority, in consultation with our lead consultant, will determine what, if any, additional steps are needed to arrive at a final selection, such as additional interviews or an onsite "meet-and-greet". 11. MRI will assist with the development of terms and conditions of employment, preparation of a conditional offer of employment, and creating a draft of an employment agreement. 12. If the final candidate will be relocating to the community from a significant distance, MRI may recommend and can coordinate a family visit to the community prior to making a conditional offer of employment. 13. MRI will complete a comprehensive background investigation on the selected candidate which shall include, but not be limited to, previous employment, and criminal and motor vehicle records checks, finances, references, and interviews with previous employers. In order to protect the client, MRI will not complete a comprehensive background on a candidate before a conditional offer of employment is accepted, unless the Town provides a waiver. Scope of Work N. Andover, MA: RFQ—Executive Recruiting Consultant Page 4 Prepared by Municipal Resources, Inc. February 2019 I ' I Municipal Resources,Inc. TENURE GUARANTEE MRI guarantees to undertake a recruitment and selection process at no expense to the community should the employment relationship, after it is negotiated and documented by an executed employment agreement, be terminated by either party within 12 months. There shall be no cost for MRI's recruitment services; however, the Client shall cover the costs associated with advertising and interviews. TIMELINE MRI understands that the Town wishes to complete the recruitment process within 16 weeks of the execution of an agreement for services. MRI feels that this is possible if the schedule outlined below is followed. MRI will begin work on the recruitment as soon as a contract has been executed. The following schedule represents the proposed timeline for the project. The schedule outlined is recognized to be aggressive, and the Town and MRI agree that any delays due to scheduling of meetings or availability of resources will impact the ability to meet this schedule. Week Milestone TDB Award of Contract Week 1 Preparation Phase Advertisement posted Weeks 2 Profile and Challenge Statement Finalized Recruitment Phase Starts Week 5 (end) Resume deadline Week 6 Initial Screening Phase completed Week 6 (end) Essays distributed to top candidates. Week 8 Candidate responses reviewed Week 9 Phone Interview Round conducted Week 10 Semi-Finalists (3-5) identified Week 12 Onsite Search Committee interviews with Semi-Finalists Selection of Finalists; presentation to Board of Selectmen Week 13 Board of Selectman interviews of the finalists Scope of Work N. Andover, MA: RFQ—Executive Recruiting Consultant Page 5 Prepared by Municipal Resources, Inc. February 2019 (1111) Municipal Resources,Inc. Identification of selected candidate Weeks 14-15 Background investigation of selected candidate Contract negotiations with selected candidate MRI advises to expect a two- or four-week delay between the signing of a final contract with the start date of the chosen candidate, since he or she likely has a contractual obligation to a current employer. Scope of Work N. Andover, MA: RFQ—Executive Recruiting Consultant Page 6 Prepared by Municipal Resources, Inc. February 2019 I ' I Municipal Resources,Inc.