2007-050 RES-Approving and Authorizing the execution of an executive search agreement with the Pace GroupRESOLUTION N0.2007-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN
EXECUTIVE SEARCH AGREEMENT WITH THE PACE GROUP TO
CONDUCT A SEARCH FOR A NEW CITY MANAGER; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on April 9, 2007, the City Council of the City of Paris approved the
selection of The PACE Group to conduct a search for a new City Manager; and,
WHEREAS, the proposed Executive Search Agreement attached hereto as Exhibit
A, sets out the terms and conditions for the City Manager search; and,
WHEREAS, the City Council has reviewed the proposed Agreement and
determined that it should be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the Executive Search Agreement attached hereto as Exhibit A, is in all
things approved and the Mayor be, and he is hereby authorized and directed to execute on
behalf of the City of Paris said Agreement with The PACE Group in substantially the
form of Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 23rd day of April, 2007.
J .-
'chard anning, Ma
ATTEST:
s
ice Ellis, City erk
APPROVED AS TQM:
W. Dent McIlyar, C'i~Attorney
EXECUTIVE SEARCH AGREEMENT
THIS AGREEMENT is made and entered into by and between THE PACE GROUP, P. 0.
Box 1502, Tupelo, MS 38802, (hereinafter "PACE"), and The City of Paris, Texas ahome-rule
municipal corporation (hereinafter "CITY") to be effective as of the date the last party executes the
Agreement as indicated below.
WITNESSETH
WHEREAS, the CITY is seeking to fill the position of City Manager.
WHEREAS, PACE desires to provide assistance to the CITY in the identification and
selection of one individual qualified to serve as City Manager; and, .
WHEREAS, ON APRIL 9, 2007, the City Council of the City of Paris, Texas selected the
PACE GROUP to conduct a search for a new City Manager.
WHEREAS, the parties now desire to setforth their mutual understandings and agreements
regarding the services to be performed by PACE into this written Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
EXECUTIVE SEARCH -PACE will conduct an in-depth search for qualified candidates for
the Paris City Manager position, which shall include the following steps:
a) CLIENT NEEDS ASSESSMENT: PACE personnel will meet with the Paris City Council
("City Council") to review the requirements and to discuss the desired background,
experience and personality of the desired candidates.
b) POSITION SPECIFICATION: PACE will prepare and submit to the City Council the
approval of a job specification sheet for this position. The purpose of the approval of a
job specification sheet is to assure that PACE and the City Council are in agreement
as to the resutts of the Client Needs Assessment.
c) RESEARCH: PACE will identify sources likely to produce candidates who will meet the
needs of the City Council for this position.
d) CONTACTS AND INTERVIEWS: PACE will conduct telephone discussions and
personal interviews with a broad spectrum of potential candidates who have been
identified through the research of PACE.
e) PRESENTATION: Within sixty (60) days from the effective date of this Agreement,
following PACE'S completion of the initial contact and interviewing process, PACE shall
present three to five candidates deemed appropriate for the City Manager position to
the City Council. In the event the candidates presented are not acceptable, PACE will
continue its search until an acceptable candidate is confirmed by the City Council.
EXHIBIT .,;0..
f) CLIENT INTERVIEWS: PACE will schedule interviews between the City Council and
candidates selected for the position.
g) REFERENCE CHECKING: PACE will provide an in-depth reference check of each of
the final candidates chosen by the City Council prior to the final interview by the City
Council and extension of an offer to said candidate. Said reference checking shall
consist of telephone or personal interviews by PACE personnel of former supervisors,
subordinates, peers and others having knowledge of each of the selected candidates.
PACE will conduct full financial and Criminal Background Checks on candidates that
the City Council requests.
h) PERSONALITY TESTING: Because a "good fit" between the people of the staff, City
Council and the future City Manager is required, The PACE Group recommends that
a thorough personality test be administered by us for each candidate. From the test
results, a complete personality work profile will be developed. This profile will delineate
the management style of each candidate and his or her preferred working environment.
We will present this information to you prior to the candidate interviews.
i) OFFER: PACE will work closely with the City Council in developing a responsible offer
to the candidate selected.
2. STAFFING: The executive search provided by PACE will be conducted by PACE President
John M. Lovorn, Jr., Daniel Logan, Chief Operating Officer, and Allison Morris, Vice
President
3. FEES: PACE fee for conducting an Executive Search for the City Manager herein provided
is 33.33% of the first year base salary of the selected candidate; provided, however, the fee
shall not exceed 33.33% of the current budgeted salary (exclusive of benefits) for the City
Manager as set out in the 2006-2007 City Budget attached hereto as Exhibit "A". CITY
shall also reimburse PACE fordirectout-of-pocket expenses as set forth below. We request
that our fee be paid according to the following schedule:
a) $10,000 upon completion of the needs assessment interviews.
b) $10,000 upon completion of the candidate profiles. Payment of this amount is due upon
the presentation of the selected candidates in written form to the City Council.
c) The balance of 33.33% upon acceptance by the candidate.
4. INDEMNITY: PACE agrees to indemnify and hold the CITY, its elected officials, officers and
employees harmless from any and all claims, liabilities, losses and expanses arising out of,
or resulting from, any and all activities conducted by PACE.
5. GUARANTEE -The PACE Group provides a one year guarantee under this
Agreement. Should the City Manager candidate hired by the City Council leave the
CITY for any reason during the first year of employment (including but not limited to:
resignation, termination or illness) the PACE Group will conduct another City
Manager search for no fee. But CITY will reimburse PACE for reasonable and
necessary out-of-pocket expenses. Example- Should Mrs. Jones be employed as the
new City Manager and decides to leave the organization within 365 days of the start
of employment or should she be terminated by the organization then the PACE
Group would conduct another City Manager search for no fee.
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6. OUT-Of-POCKET EXPENSES: At the end of every month, PACE will invoice for direct out-
of-pocket expenses incurred by PACE during the search process. Payment for direct out-
of-pocket expenses shall be due by the 30th day at the following month. Direct out-of-
pocket expenses include, but are not limited to, those set forth in Exhibit "B" attached
hereto and incorporated herein.
below.
IN WITNESS WHEREOF, the parties have executed this agreement as of dates set forth
THE PACE GROUP
By:
John Lovorn
Chief Executive Officer
Date:
THE STATE OF TEXAS §
COUNTY OF LAMAR §
CITY OF PARIS, TEXAS
By:
Richard Manning
Mayor
Date:
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Richard Manning, Mayor of the City of Paris, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 2007.
Notary Public, State of Texas
THE STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, in and for said County and state, on this day
personally appeared John Lovorn, . of THE PACE GROUP, a
,known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and on behalf of said
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 2007.
Notary Public, State of
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EXHIBIT "B"
THE PACE GROUP
Out-of-Pocket Expenses
1) MOTELS: We will stay in whatever motel you select for us.
2) FOOD: We normally eat at reasonably-priced restaurants.
3) ADMINISTRATIVE FEE: PACE charges $500 per month for telephones, postage,
shipping. supplies, and administrative services. Not to exceed $1,500. Should the
search go over 3 months we will adjust this fee to be fair to all parties. We will work the
chairman on this issue. We charged the PEDC for two months on their recent search.
4) RENTAL CAR: we use Budget and would rent amid-sized car.
5) PERSONAL VEHICLE MILEAGE: We charge 48.5 cents per mile when we use our
vehicles.
6) FINALIST NOTEBOOKS: We charge our exact costs of supplies and administrative
fees.
7) PERSONALITYASSESSMENTS:Foreachcandidateselectedforafinalinterview,The
PACE Group will provide assessments at $40 per candidate.
8) BACKGROUND CHECKS: We will do the reference checks at no charge. Credit and
criminal will be completed by The PACE Group for $50.00 per candidate selected by the
City Council.
9) We will fly the most economical airline possible. We would get approval from Mayor
Manning on each airline ticket and would fly Southwest Airlines.
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