HomeMy WebLinkAboutResolution - 4125 - Agreement - Ralph Andersen & Associates - City Manager Search Services - 04_08_1993Resolution No.
April, 8, 1993
Item #34
4125
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement by
and between the City of Lubbock and Ralph Andersen & Associates --Texas,
Inc., to provide City Manager search services, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall c ute and be a part of this Resolution as
if fully copied herein in de il
Passed by the City Council this
ATTEST:
Bett3B M. JohnsP, City Secretary
APPROVEDXS,TO CONTENT
M Bell, Di recur of Personnel / `"—
Civil Service
AP OVED AS TO FORM:
Jdbh C. Ross, Jr., ity Attorney
JCR:dw/Agenda-D2/A-RAndsn.res
March 31, 1993
day of/' Ap'il 1 , 1993.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between the City of Lubbock ("the City"), and Ralph
Anderson & Associates -Texas, Inc. ("the Consultant").
1. Project Engagement. The City agrees to engage the Consultant to perform
those services described below, for completion of the project described as
follows: City Manager Search Services (the "Project").
2. Services. The Consultant agrees to perform certain services necessary for
completion of the Project, which services shall include, without limitation, the
following:
PHASE 1:
a. Conduct position analysis and prepare a written position profile.
PHASE 2:
a. Plan and execute advertising campaign.
b. Undertake candidate sourcing and outreach.
C. Acknowledge and screen all resumes received and respond to all requests
for information.
d. Perform preliminary reference checks on qualified applicants.
e. Review progress with search committee.
PHASE 3:
a. Conduct screening interviews with potential finalists.
b. Complete detailed professional background evaluations.
C. Prepare and present a written recruitment report.
PHASE 4:
a. Coordinate and confirm final interview arrangements.
b. Complete follow-up correspondence.
Professional Services Agreement
City of Lubbock City Manager Search
Page 2
3.
4.
Fee Schedule.
Professional Fee
Expenses
PHASE 1
1100
350
PHASE 2
7400
1750
PHASE 3
3700
4300
PHASE 4
4$�75
�
NTE TOTAL $19,375
A complete description of the services to be provided are contained in a
proposal from the Consultant to the City, dated November 9, 1992, which is
incorporated herein by reference.
Relationship. The Consultant is an independent contractor and is not an agent
or employee of the City.
5. Compensation. As full compensation for the Consultant's professional services
performed hereunder, the City shall pay the Consultant the fixed amount of
$12,500 (Twelve Thousand Five Hundred Dollars) ("professional services fee")
for conducting the entire search as described in Paragraph 2 or the amount
indicated in the fee schedule in Paragraph 3, should the City elect to do so.
6. Expense Reimbursement. The Consultant shall be entitled for the
reimbursement of reasonable and customary expenses from the City for such
items as travel, printing and binding, postage and delivery, and clerical and
long-distance telephone charges. The Consultant shall provide the City with a
listing of expenses by category of expense as a part of monthly billings.
7. Compensation for Additional Services. In the event the City requires services
in addition to those described in Paragraph 2, the Consultant shall be
compensated at the Consultant's standard hourly rates for professional services,
plus reimbursement of expenses.
8. Method of Payment. Progress payment of the Consultant's professional
services fee shall be made on a monthly basis by the City upon receipt of
billings from the Consultant.
9. Term. The term of this agreement shall commence on April 8, 1993, at which
time the Consultant shall begin work on the Project and shall continue, subject
to the termination provisions of Paragraph 10, until the date that the Consultant
completes the Project. The time of completion of the Project is estimated to be
12 (twelve) weeks.
10. Termination. This agreement may be terminated: (a) by either party at any
time for failure of the other party to comply with the terms and conditions of
this Agreement; (b) by either party upon 10 days prior written notice to the
Professional Services Agreement
City of Lubbock City Manager Search
Page 3
other party; or (c) upon mutual written agreement of both parties. In the event
of termination, the Consultant shall stop work immediately and shall be entitled
to compensation for professional service fees and for expense reimbursement to
the date of termination.
11. Insurance. The Consultant shall maintain in force during the term of the
agreement, Comprehensive General Liability Insurance with the Extended
Liability Endorsement, including Personal Injury; Commercial Umbrella
Liability; Automobile Liability Insurance, including Non -Owned and Hired
Liability; and Workers' Compensation and Employers' Liability Insurance.
Such insurance shall be in reasonable amounts satisfactory to the City.
12. Hold Harmless. The Consultant shall be responsible for its own acts of
negligence, and the City shall be responsible for its own acts of negligence.
The Consultant agrees to indemnify and hold the City harmless from any and all
claims, demands, actions and causes of action to the extent caused by the
negligent act of the Consultant, its officers, agents and employees, by reason of
the performance of this agreement. This indemnity shall not be construed to
require indemnification of others.
13. Miscellaneous.
a. The entire agreement between the parties with respect to the subject
matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be
assigned or delegated by the Consultant without the prior written consent
of the City.
C. This agreement shall be modified only by a written agreement duly
executed by the City and the Consultant.
d. 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.
e. This agreement shall be governed by and construed in accordance with
the laws of the State of Texas.
f. All notices required or permitted under this agreement shall be deemed
to have been given if and when deposited in the United States mail,
properly stamped and addressed to the party for whom intended at such
party's address listed below, or when delivered personally to such party.
A party may change its address for notice hereunder by giving written
notice to the other party.
Professional Services Agreement
City of Lubbock City Manager Search
Page 4
APPROVED:
Dated: , 1993 RALPH ANDERSEN &
-TFXAS, INC. A r
3860 W. Northwest
Suite 230
Dated: , 1993
ATTEST:
tty M. Johnson,
City Secretary
APPRO AS TO CONTENT:
�L
ark Bell,
Director of Personnel
APPROVED AS TO FORM:
^J
-'� �-� R -11?� -
Ebffald G. Vandiver, �
First Assistant City Attorney
DG V :da/INST-D9/A-CMSRCH.doc
HP3-U3
April 6, 1993