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09 - Professional Service Agreement - Texas Police Chief Association Chief of Police Search ProcessItem No. 9 M'emorandum TO: Mayor & City Council FROM: Grayson Path, City Manager SUBJECT: Professional Service Agreement — Texas Police Chief Association Chief of Police Search Process DATE: October 12, 2020 OII"MI SIO Chief of Police Bob Hundley retired from the City of Paris Police Department on July 3, 2020. At that time, Assistant Chief of Police Randy Tuttle was named Interim Chief of Police. The City Manager has been working through several hiring processes for other Department Head positions to -date, but is now ready to begin the search process to fill the Chief of Police position. STATUS OF ISSUE: Pursuant to the City of Paris Charter, Section 23, the City Manager is tasked with appointing a Chief of Police and bringing said appointment to the City Council for approval. Section 23 — Neither the council nor any of its members shall direct the city manager or any of his subordinates in the appointment or removal of any city employee; provided, however, that the appointment of department heads shall be subject to the approval of the council. Except for the purpose of inquiry, the council and its members shall deal with city employees solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. It shall be grounds for removal from office if, following investigation by and a hearing before the council, a council member is found guilty of multiple, willful violations of this section. With this stated, the Chief of Police position is a high profile Department Head which warrants a unique and thought out search process. Therefore the City Manager has reached out to the Texas Police Chief Association to assist him in designing and implementing a successful and appropriate search process for the next Chief of Police. An Agreement and Proposal are attached that identifies general goals for this program, but specific details will be decided by the City Manager upon implementation of this agreement. The City Manager is requesting that the City Council authorize an agreement with the TPCA to implement this search process. Upon implementation of this agreement, the TPCA and City Manager will begin the search process which is expected to take between 3-5 months to complete. BUDGET: Pursuant to Section 3 of the Professional Services Agreement, total expense is not -to -exceed $6,000.00. While this was not explicitly lined out in the FY20/21 Budget, City Staff are confident that they can adjust expenditures as appropriate to incorporate this item in to the budget. In addition, given the importance of this search process, the City Manager believes the cost is well justified. OPTIONS: 1. Approve the attached Professional Services Agreement and authorize the City Manager to sign. 2. Disapprove the attached Professional Services Agreement and/or request additional information. RECOMMENDATION: 1. Approve the attached Professional Services Agreement and authorize the City Manager to sign. PROPOSAL POLICE CHIEF SELECTION PROCESS Paris, Texas Police Department The Texas Police Chiefs Association is capable of assisting in the selection process of a police chief for the Paris Police Department. The Texas Police Chiefs Association therefore proposes the following services to be provided. • Develop community and candidate profile with information supplied by the city. • Review resumes to determine what candidates meet the qualifications as set forth by the city. • Create a document comparing qualified candidates that will assist the city in narrowing the candidate pool. • Phone interviews with candidates to provide further feedback to the city if desired. This will include a written summary of each interview. • Provide guidance on background investigation. • Develop questions for candidates for the purpose of providing a writing sample and evaluation of answers to these questions. • Develop in person interview questions. • Assist the city with the assembly of an interview panel. • Attend in-person interviews and act as a facilitator. These services will be provided for a fee of $5,000 plus actual expenses which will be itemized. Receipts provided if requested. Outlined below is the approximate timeline for the police chief search. Week 1 — TPCA will work with the city to develop the community and candidate profile. Discuss with the city the options for advertising the position. Week 2 through 5 — the city will collect applications/resumes forwarding them to the TPCA representative as they are received. This time period will be determined by the city. Week 6 - TPCA will create a document to compare the qualified candidates that will assist the city with narrowing the candidate pool. This document will be shared with the city and possibly a group of local police chiefs as determined by the city. Develop questions for the purpose of providing a writing sample and deliver the questions to the candidates. Phone interviews could also be conducted during this week. Pagel Week 7 — Receive and evaluate the writing samples from the candidates. Use this information to further narrow the number of candidates. Develop in-person interview questions and schedule interviews. Week 8 — Conduct in-person interviews and have final discussions with the City Manager to determine if any further documentation is required. Provide guidance regarding background investigations. This timeline is approximate and may be shortened or lengthened by both availability of city staff and the candidates. Respectfully submitted, James Mclaughlin, Jr. General Counsel/Executive Director Texas Police Chiefs Association Page2 AGREEMENT FOR PROFESSIONAL SERVICES CHIEF OF POLICE SEARCH ASSISTANCE CITY OF PARIS STATE OF TEXAS COUNTY OF LAMAR THIS AGREEMENT is entered into by and between the City of Paris, Texas, located in Lamar County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and the Texas Police Chiefs Association, acting by and through its duly authorized representative, James McLaughlin, Jr., (hereinafter referred to as "TPCA"). WHEREAS, the City of Paris has established a Police Department headed by a Chief of Police, and WHEREAS, the City wishes to ensure the efficient functioning of the Police Department and enhance the community services provided by the department, and WHEREAS, the City wishes to utilize individuals familiar with law enforcement operations, investigations, and management to assist in the selection of a police chief. WHEREAS, the City and the TPCA desire to enter into an Agreement whereby TPCA will provide assistance in the selection of a police chief. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City and TPCA do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES TPCA shall provide the following professional services: Provide the services identified in the attached "PROPOSAL" within the time frame indicated, unless unavailability of either the City Manager or the unavailability of applicants prohibits completion within the time frame specified. SECTION 2 GUARANTEES TPCA shall make every reasonable effort to develop a selection process for police chief that meets the requirements of the City. Any objections to the process must be made in writing by the City Manager to TPCA within 15 days of the conclusion of the process. If TPCA is unable to correct the deficiencies to the satisfaction of the City Manager, the City of Paris will owe only the itemized out of pocket expenses not to exceed $_t 00.00. SECTION 3 PAYMENT FOR SERVICES The City agrees to pay TPCA for services described in Section 1 hereinabove and in the attached "Proposal" $5,000.00. The City also agrees to reimburse TPCA for the cost of publication, travel, materials, and related costs and supplies. These expenses will not exceed $1000.00. Total cost for the City for the selection process by TPCA will not exceed $6.000.00. TPCA agrees to invoice the City for all such charges, itemizing all expenses to be reimbursed in sufficient detail to permit the City to audit reimbursement payments in accordance with City finance policies. The City shall pay such invoice within twenty days of receipt, except for any portion of such invoice which is disputed. Payment of any disputed amounts may be withheld until such dispute is resolved in accordance with the terms of this agreement. SECTION 4 TERM OF AGREEMENT The term of this Agreement shall begin upon both parties signing and ending upon completion of services. Regardless of the other terms of this agreement, either the City or TPCA may cancel this agreement by giving the other party ten (10) days written notice of the cancellation. If this agreement is terminated prior to the completion of services by either party, TPCA will be entitled to payment of expenses incurred up to the date of cancellation. SECTION 5 LIMITATION OF LIABILITY The purpose of the services provided by TPCA is to provide instructional and educational services. TPCA does not provide daily administrative and managerial services. The City retains responsibility for its administrative and managerial decisions and the City agrees to accept all responsibility for its decisions and shall, to the extent permitted by law, indemnify, defend and hold harmless TPCA , its employees and agents, from and against all liabilities, claims, costs, damages or personal injuries to persons or property, and from IPA and against all suits, judgments and expenses, either directly or indirectly arising out of, caused by or resulting from any act, omission, negligence, willful misconduct or intentional act of the City or its employees or agents including any information given or obtained regardless of form relating to the performance of this agreement. This provision is not intended to waive any immunity to which the City is entitled under the law, nor is it intended to create any cause of action for any person not a party to this contract and both parties agree that this provision is for the benefit of the parties hereto. IN WITNESS WHEREOF the City of Paris and the Texas Police Chiefs Association have executed this Agreement as of this day of --.,20—. Grayson Path City Manager City of Paris, Texas James McLaughlin, Jr. General Counsel/Executive Director Texas Police Chiefs Association