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CCR1996205AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #205-96 AUTHORIZATION TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH DAVID M. GRIFFITH WHEREAS, the City of Muskego has selected David M. Griffith & Associates to provide recruitment assistance to fill the Finance Director position; and WHEREAS, the Finance Committee has reviewed the attached Agreement for professional services and has recommended approval subject to clarification of some of the contract terms. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Professional Services Agreement with David M. Griffith subject to clarification of the contract language by the City Attorney. items requested by the Finance Committee, and the approval of BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are authorized to execute the Agreement on behalf of the City. DATED THIS 10th DAY OF September , 1996. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Mark Suhr This is to certify that this is a true and accurate copy of Resolution #205-96 which was adopted by the Common Council of the City of Muskego. 0 9/96 jmb COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #205-96 AUTHORIZATION TO EXECUTE PROFESSIONAL WITH DAVID M. GRIFFITH WHEREAS, the City of Muskeg Associates to provide recru Director position; and WHEREAS, the Finance Commit Agreement for professional subject to clarification of NOW, THEREFORE, BE IT RESOL City of Muskego, upon the r Committee, does hereby appr Agreement with David M. Gri items requested by the Fina BE IT FURTHER RESOLVED that authorized to execute the 0 DATED THIS , 1996. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Mark Suhr This is to certify that this is a true and accurate copy of Resolution #205-96 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 9/96 jmb PROFESSIONAL SERVICES AGREEMENT EXECUTIVE SEARCE SERVICES This agreement is made by and between the City of Muskego (“the City”), and David M Grifith & Associates, Ltd. (“the Consultant”). 1. Search Eneaeement. The City agrees to engage the Consultant to perform those services described below, for completion of the project described below, for completion of the project described as follows: Finance Director recruitment (“the Search”). 2. Services. The Consultant agrees to perform certain services necessary for completion of the Search, which services shall include, without limitation, the following: a. Position analysis b. Place advertisements in appropriate journals and publications C. Candidate identification d. Resume review and screening e. Recruitment Report A complete description ofthe services to be provided is contained in a proposal from the Consultant to the City dated June 18, 1996 which is incorporated herein by reference. 3. Relationship. The Consultant is an independent contractor and is not to be considered an agent or employee of the City. 4. Compensation, As full compensation for the Consultant’s professional services performed hereunder, the City shall pay the Consultant the fixed amount of $8,000 (Eight Thousand dollars). 5. Exoense Reimbursement. The Consultant shall be entitled to reimbursement for expenses from the City for such expenses as consultant travel, advertising, printing and binding, postage and delivery, and clerical and long-distance telephone charges. Expenses shall not exceed $500 (Five Hundred dollars). The Consultant shall provide the City with a listing of expenses by category of expense as a part of monthly billings. 6. Comoensation 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. In the event the City hires, within one year of completion of this recruitment project, any candidate identified as a result of the Consultant’s recruitment project for any position other than Finance Director the City agrees to pay the Consultant one half the fee set forth herein for each candidate hired. For purposes of this paragraph, ‘Candidate’’ is defined to include any and all individuals about whom information of any sort was provided by the Consultant in writing to the City in the course of this recruitment project. The parties hereto agree that the obligations set forth in this paragraph shall survive the termination of this Agreement. 7. Method of Payment. Progress payment of the Consultant’s professional services fee and expenses shall be made on a monthly basis by the City upon receipt of billings from the Consultant. 8. m. The term of this agreement shall commence on September 3, 1996 at which time the Consultant shall begin work on the Search and shall continue, subject to the termination provisions of Paragraph 9, until the date that the Consultant completes the Search. 9 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 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. 10. Insurance. The Consultant shall maintain in force during the term of the Agreement, General Liability Insurance including Personal Injury; Excess Umbrella Liability Insurance; Automobile Liability Insurance, @on-Owned and Hired Liability); and Workers’ Compensation and Employers’ Liability Insurance. 11. Miscellaneous. a. The entire agreement between the parties with respect to the subject matter thereunder is contained in this Agreement. b. Neither this Agreement nor any rights or obligations thereunder 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 Wisconsin. 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. APPROVED: Dated: \ , 1996 David l~&G By: Title: s-1 630 Dundee Road, Ste. 200 Northbrook, IL 60062 Dated: . 1996 Title: