HomeMy WebLinkAboutResolution - 2003-R0188 - Establishment Of Citizen Search Committee To Assist In City Manager Selection - 05/08/2003Resolution No. 2003-RO188
May 8, 2003
Item No. 52
RESOLUTION
WHEREAS, the City Council deems it in the best interest of the citizens of the
City of Lubbock to establish a citizen search committee to assist the City Council in the
selection of a new City Manager for the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. A City Manager Search Committee to be composed of six (6)
members, one appointed by each Council member, and a chairman appointed by the
Mayor is hereby established. In addition, the City Council shall appoint a subcommittee
of employees to assist the Search Committee.
SECTION 2. The Search Committee shall be responsible for the creation of a job
description, solicitation of applications, screening of applications, screening interviews,
field visits, and, if necessary, may use a search specialist or search firm with approval of
the City Council. The Search Committee shall make a final recommendation of three to
five qualified candidates for consideration by the City Council. The final
recommendation shall be made prior to the end of the year.
SECTION 3. The Human Resources Department shall also assist the Search
Committee with this process as needed.
Passed by the City Council this 8th
day of May , 2003.
RC LT AL, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
cAaAfle!!�� A.— e.
Quincy E. Whit0,Assistant City Manager
APPROVED AS TO FORM:
G.
DDres/ccdocs/CMsearchComRes
May 8, 2003
Resolution No. 2003-RO188
EXECUTIVE SEARCH CONTRACT
FOR
CITY MANAGER
STATE OF TEXAS
COUNTY OF LUBBOCK
This contract (the "Contract"), effective as of July 14, 2003, (the "Effective Date"), is by
and between the City of Lubbock (the "City"), a Texas Home Rule Municipal Corporation, and
The Oldani Group, Inc., a Washington Corporation, whose principal place of business is located
at 10900 NE 4th Street, Suite 2030, Bellevue, Washington (the "Contractor").
WITNESSETH
WHEREAS, the City requires an executive search firm to locate suitable candidates and
assist in the selection of a City Manager; and
WHEREAS, the Contractor is a qualified executive search firm; and
WHEREAS, the City desires to contract with Contractor to provide executive search
services; and
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this Contract, the City and Contractor hereby agree as follows:
TERM
The term of this Contract commences on the Effective Date and continues without
interruption for a term of three (3) months from and after the Effective Date. The term may be
extended for three (3) additional one (1) month terms with the written consent of both parties.
FEES AND EXPENSES
Contractor's fee is SIXTEEN THOUSAND SIX HUNDRED TWENTY-FIVE AND
N0/100 DOLLARS ($16,625.00). The professional fee will be billed in three equal installments;
one-third of the fee would be billed at the beginning of the search, one-third after 45 days, and
the final one-third at the conclusion.
Reimbursable expenses, which will include:
• Travel expenses for Contractor to meet with City as described under Information
Gathering.
• Recruitment advertising expenses as approved by City.
• Travel expenses to conduct our personal interviews.
• Travel expenses for Contractor to attend interviews or additional meetings as
requested by City.
City will incur expenses to interview the finalists in Lubbock, Texas, and expenses to
relocate the selected individual.
TERAHNATION
In the event the Contractor breaches any term and/or provision of this Contract the City
shall be entitled to exercise any right or remedy available to it at law or equity, including without
limitation, immediate termination of this Contract and assertion of action for damages and/or
injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or
subsequent exercise of any other right or remedy and all other rights and remedies shall be
cumulative.
REPRESENTATIONS AND WARRANTIES
A. Existence. Contractor is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Washington and is qualified to carry on its business
in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and perform
this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of the Contractor. This Contract,constitutes legal, valid, and binding
obligations of the Contractor and is enforceable in accordance with the terms thereof.
D. Contractor. Contractor maintains a professional staff and employees, as needed,
other qualified specialists experienced in executive search, and are familiar with all laws, rules,
and regulations, both state and federal, including, without limitation the applicable laws,
regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by this
Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations,
both sate and federal, relating to recruitment and employment, as contemplated hereby. If any of
the activities of the Contractor, or omissions of the activities required herein, shall cause, in
whole or in part, liability or loss on the part of the city, it may be deemed that the Contractor did
not perform said activities (or omitted the performance of said activities) in a good and
workmanlike manner.
F. Use of Copyrighted Material. Contractor warrants that any materials provided by
Contractor for use by City pursuant to this Contract shall not contain any proprietary material
owned by any other party that is protected under the copyright Act or any other similar law.
Executive Search Contract for City Manager — The 01dani Group, Inc.
2
Contractor shall be solely responsible for ensuring that any materials provided by Contractor
pursuant to this Contract satisfy this requirement and Contractor agrees to hold City harmless
from all liability or loss to which City is exposed on account of Contractor's failure to perform
this duty.
SCOPE OF WORK
Scope of Work
To search out suitable candidates and facilitate the selection of a qualified City Manager
for the City of Lubbock, Texas, The Oldani Group, Inc.
Information Gathering
Contractor shall meet with City to obtain information regarding:
• The duties and responsibilities of the City Manager.
• The desired training, experience, talents, skills, and personal attributes of the City
Manager.
• City of Lubbock organization and related operating performance and business strategies.
• City of Lubbock's statistics (revenue, financial condition, customers, staff, resources,
corporate culture, etc.).
Conduct Recruitment Activities
After compiling the information listed under Information Gathering, the Contractor will
research existing databases and other resources to identify potential candidates or "leads" to
potential candidates. Contractor will call these individuals to determine their suitability or to
solicit suggestions of other possible candidates.
In some instances, the Contractor may request the City to place advertisements in suitable
publications to solicit individuals not in existing databases.
In all assignments, Contractor aggressively recruits minority and female candidates.
Contractor shall conduct telephone interviews with the most promising candidates to
investigate the following:
• The degree the candidates' education and experience satisfy the established criteria.
• The candidates' level of interest in the City Manager opening.
• The candidates' commitments and attitudes toward a job change and relocation.
• The feasibility of a job change and relocation (ease of home sale, retirement plans,
family ties, health, etc.)
Executive Search Contract for City Manager — The 01dani Group, Inc.
3
• The candidates' current compensation, the cost of living in their present location, and
their compensation requirements.
Contractor shall forward a list of candidates (estimated to be 15 to 20 candidates) to the
City along with their credentials, and recommend a short list (approximately five [5] candidates)
of the most qualified.
Background Investigation
Contractor shall conduct background investigation of all candidates submitted to City.
The background investigations shall include as a minimum verification of education,
employment history, applications and information provided on the candidates resumes and at
interviews.
Interview of Candidates
After the City Manager Search Committee reviews the resumes and approves the short
list of prospects, Contractor shall conduct personal interviews with these individuals. Contractor
will evaluate the candidates' suitability and recommend finalists for an interview with the City of
Lubbock, Texas.
Contractor may assist City in the interview of the final candidates by:
• Scheduling interviews.
• Facilitating the Lubbock, Texas interviews.
• Notifying candidates of their selection or rejection.
• Background investigations.
• Salary, contract, and employment negotiations.
INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this Contract as
an independent contractor. The Contractor has the sole discretion to determine the manner in
which the services are to be performed.
CONFIDENTIALITY
Contractor shall retain all information received from or concerning the City and the
City's business in strictest confidence and shall not reveal such information to third parties
without prior written consent of the City, unless otherwise required by law.
Executive Search Contract for City Manager — The Oldani Group, Inc.
4
MISCELLANEOUS
Guarantee
The Oldani Group, Inc. will conduct an additional search for no additional fee should the
candidate recommended and hired terminate employment for any reason other than lack of work,
illness, injury, or death within one year of the employment date.
Cancellation
The City of Lubbock or The Oldani Group, Inc. may cancel this Contract at any time. If
City employs any of the candidates submitted by The Oldani Group, Inc. later, City of Lubbock
will pay The Oldani Group, Inc. the fee described above.
Records
Contractor shall maintain records that are either necessary (1) to substantiate the services
provided by Contractor or (2) to document any business expenses incurred in performing the
services.
Assignability
Contractor may not assign this Contract without the prior written approval of the City.
Construction and Venue
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES THERETO
HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE
OF THE COURT OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE
PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS
CONTRACT OR THE ACTIONS ARE CONTEMPLATED HEREBY.
Severability
If any provisions of this Contract is ever held to be invalid or ineffective by any court of
competent jurisdiction with respect to any person or circumstances, the remainder of this
Contract and the application of such provision to persons and/or circumstances other than those
with respect to which it is held invalid or ineffective shall not be affected thereby.
Amendment
No amendment, modification, or alteration of the terms of this Contract shall be binding
unless such amendment, modification, or alteration is in writing, dated subsequent to this
Contract, and duly executed by the Contractor and City.
Executive Search Contract for City Manager — The Oldani Group, Inc.
5
Entire Agreement
This Contract contains the Entire Contract between the City and Contractor, and there are
no other written or oral promises, conditions, warranties or representations relating to or
affecting the matters contemplated herein.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
k -t
Quincy Wh' , Assistant City Manager
for Administrative Services
APPROVED AS TO FORM:
"'ity Attorney
JKle/cityatt/john/EXECUTIVE SEARCH CONTRACT -City Manager
July 11, 2003
THE OLDANI GROUP, INC.
TITLE:
Executive Search Contract for City Manager — The 01dani Group, Inc.
6
I, Tommy Gonzalez, am the Interim City Manager for the City of Lubbock, Texas,
and under Resolution No. 5839 hereby authorize the following:
By this document, I appoint Quincy White, Assistaat City Manag r of e ity of
Lubbock, Texas, whose signature is as follows
as my substitute with respect to the power to execute fora n the behalf of the
City of Lubbock a Contract between the City of Lubbock and The Oldani Group,
Inc., who will provide recruiting consulting services to the City of Lubbock.
Therefore, I authorize my substitute appointed by this document to act in my stead
as City Manager for the City of Lubbock, Texas, with full power and authority to
do and perform every act necessary to carry out all or any of the powers described
above as fully as I could do if personally present.
�v
Tommy Go alez
Interim City Manager
City of Lubbock