CONSULTING SERVICES AGREEMENT - CITY MANAGER RECRUITMENT, RFP 88-00
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CONSULTING SERVICES AGREEMENT
This AGREEMENT made this 29th day of March 2001, by and between the CITY
OF CLEARWATER, FLORIDA (City), a Florida municipal corporation, P. O. Box 4748,
Clearwater Florida 33758-4748, and DMG-MAXIMUS, Inc., 4438 Centerview Drive,
Suite 207, San Antonio, Texas 78228 (Consultant), a corporation.
WHEREAS, City desires to have Consultant provide consulting services for the
City Manager Recruitment (the Search) described herein; and
WHEREAS, Consultant agrees to provide the consulting services described
below, under the terms and conditions of this Agreement;
NOW THEREFORE, the City and Consultant do hereby mutually agree as
follows:
1. SCOPE OF PROJECT. Consultant agrees to provide the Consultant
services regarding the Search, which services shall include the following:
(a) Position analysis
(b) Place advertisements in appropriate journals and publications
(c) Candidate identification
(d) Resume review and screening
(e) Preliminary interviews with leading candidates
(f) Progress report
(g) Detailed reference checks on leading candidates
(h) Final report
(i) Assist with interview and negotiations
A complete description of the services to be provided are contained in a proposal from
the Consultant to the City dated October 19, 2000, which is incorporated herein by
reference.
2. TERM. The term of this Agreement shall commence on February 6,2001,
at which time the Consultant shall begin work on the Search and shall continue, subject
to the termination provisions of Paragraph 7, until the date that the Consultant
completes the Search. The time of completion of the Search is estimated to be 100
days from the date of the meeting to develop the Recruitment Profile.
3. REPORTS. Consultant agrees to provide to City reports on the Search
upon request by the City.
4. COMPENSATION. The City will pay Consultant a sum not to exceed
$17,500. The City may, from time to time, require changes in the scope of the project
of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant's compensation and changes in the terms of this
Agreement which are mutually agreed upon by and between City and Consultant shall
be effective when incorporated in written amendment to this Agreement.
5. EXPENSE REIMBURSEMENT. The Consultant shall be entitled to
reimbursement for expenses from the City for such expenses as consultant travel,
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advertising, sourcing, background checks, printing/photocopying, postage and delivery,
telephone and clerical charges. Expenses are not to exceed $8,500. The Consultant
shall provide the City with a listing of expenses by category of expense as part of
monthly billings.
6. METHOD OF PAYMENT. Consultant shall bill City, and City agrees to
pay after approval of the City Project Manager under the terms of the Florida Prompt
Payment Act F.S. 218.70.
7. TERMINATION OF CONTRACT. The City at its sole discretion may
terminate this contract by giving Consultant ten (10) days written notice of its election to
do so and by specifying the effective date of such termination. The Consultant shall be
paid for its services and expenses incurred through the effective date of such
termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this
contract shall be in default, the City may terminate the contract, and Consultant shall be
paid only for work completed.
8. NON-DISCRIMINATION. There shall be no discrimination against any
employee who is employed in the work covered by Agreement, or against applicants for
such employment, because of race, religion, color, sex, or national origin. This
provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate
of payor other forms of compensation; and selection for training, including
apprenticeship.
9. INTERESTS OF PARTIES. Consultant covenants that its officers,
employees and shareholders have no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement.
10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Consultant or its employees in
connection with or arising directly out of this Agreement and/or the performance hereof.
Without limiting its liability under this Agreement, Consultant shall procure and maintain
during the life of this Agreement professional liability insurance. This provision shall
survive the termination of this Agreement.
11. PROPRIETARY MATERIALS. Upon termination of this Agreement,
Consultant shall transfer, assign and make available to City or its representatives all
property and materials in Consultant's possession belonging to or paid by the City.
12. ATTORNEYS' FEES. In the event that either party seeks to enforce this
Agreement through attorneys at law, then the parties agree that each party shall bear its
own attorney fees and costs, and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
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13. MISCELLANEOUS.
(a) Consultant agrees not to perform services for Pinellas County while
engaged in the City Manager Search for the City of Clearwater.
(b) The entire agreement between the parties with respect to the subject
matter hereunder is contained in this Agreement.
(c) 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.
(d) This Agreement shall be modified only by the consent of both the
Consultant and the City.
(e) 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.
(f) This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
IN WITNESS WHEREOF, the City and Consultant, have executed this
Agreement on the date first above written.
CITY OF CLEARWATER, FLORIDA
By: ~f2~._ A~
~~r:1ell
Interim CJty Manager
Countersigned:
Brian J. Aungst
Mayor-Commis loner
l~ved as to form:
Pamela K. Akin
City Attorney
Attest:
By:
N rman C. Roberts, Vice President
Executive Recruiting Services
ATTEST:
;l2~~~ afl;
Nancy E11Is, Operations Manager
Executive Recruiting Services
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