1991-098e wpdocs\mycoff o
ORDINANCE NO I -U
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND MYCOFF AND ASSOCIATES, INC RELATING TO
EMPLOYMENT SEARCH SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor 1s authorized to execute the
attached agreement between the City of Denton and Mycoff and
Associates, Inc relating to employment search services for the
position of Director of Electric Utilities
SECTION II That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the - day of I J, 1991
BOB CASTLEBERRY,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY I/
APPROV AS 0 LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
9
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AGREEMENT BETWEEN THE CITY OF
DENTON AND MYCOFF AND ASSOCIATES
The City of Denton (the City), a municipal corporation located
in Denton County, Texas, and Carl A Mycoff, d/b/a Mycoff and
Associates (the Consultant), a sole proprietorship operating in
Conifer, Colorado, agree as follows
I services to be Performed by Consultant The City retains
the Consultant to conduct a search to fill the position of Director
of Electric Utilities for the City by providing the following
services
A The Consultant shall meet with the management staff of
the City's Electric Utility Department to review and
discuss the lob specifications and lob description and
utilize recruitment documents approved by the City to
recruit qualified candidates
B The Consultant shall conduct direct recruiting efforts to
identify candidates, including direct contact with poten-
tial candidates known by the City, municipal sources in
a position to refer appropriate candidates, and govern-
mental, association and management professionals through
established networks and recruiting sources, placing
special emphasis on recruiting qualified minority and
female candidates
C After appropriate candidates have been identified, the
Consultant will perform an in-depth telephone interview
with each candidate The Consultant will screen the
candidates to determine their appropriateness for the
position and their degree of interest in employment with
the City Names and background information regarding
approximately eight to ten candidates will be submitted
The City staff will review this documentation to decide
on the candidates the Consultant will interview The
City staff will review the "field" interview report to
select the candidates for personal interviews in Denton,
Texas If requested by the City, the Consultant will
prepare an interview guide based on the lob specifica-
tions for use in the final interview process
D The final selection of the candidate for the position
will be the responsibility of the City The Consultant
will be available to sit in as observer during final
interviews If none of the candidates are acceptable,
the Consultant will repeat the search process until
acceptable candidates are located The Consultant will
maintain close contact with the candidates and be pre-
pared to assist the City in salary negotiations if
requested
E If the person selected by the City is terminated for just
cause or resigns within one year of accepting the posi-
tion, Consultant will conduct a replacement search for no
fee, other than directly related expenses allowed under
this Agreement
II Schedule of Services The Consultant shall commence its
services within ten days of execution of this Agreement and perform
the services or actions in accordance with the following schedule
A Meetings with the City staff to review the job descrip-
tion and specifications shall be completed within one
month after execution of this Agreement
B Search efforts are to be completed by the end of the
second month from the date of the meetings with the City
staff to review the job description and specifications
C Candidate presentations and field interviews by the
Consultant shall be conducted no later than 90 days from
the date of the meetings with the City staff to review
the job description and specifications
D The Consultant will provide the City with weekly oral
progress reports on the search activity
E The final candidates for the position shall be identi-
fied and presented by the Consultant to the City within
90 days from completion of the initial job specifica-
tions outlined in II A above
III Compensation to be Paid Consultant City agrees to pay the
Consultant as follows
A Twenty five percent (25%) of the annual starting salary
of the individual employed, up to a maximum payment of
$22,000 for all services and for all expenses provided
for in this Agreement The fee is payable as follows
$1,000 upon execution of this Agreement,
$5,000 after the completion of the services described in
paragraph II, A,
$3,000 after the completion of the services described in
paragraph II, B,
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$3,000 after the completion of the services described in
paragraph II, C, and
The remainder within fifteen (15) days after the
selected Director of Electric Utility commences employ-
ment
B The City will pay the Consultant, up to the maximum
compensation of $22,000 as provided above, expenses for
the following
Travel expenses to Denton to meet with the City
staff to review the fob specifications and descrip-
tions
Travel expenses for additional trips to Denton to
discuss candidates and to attend interviews as
requested by the Executive Director of Utilities or
his designee
Travel expenses to visit candidates selected by the
City for field interviews by the Consultant
Travel expenses shall mean expenses of transportation,
including airfare, taxi fares, rental vehicles, parking,
and related transportation costs, hotel charges, meals,
gratuities, long distance telephone charges, and related
travel expenses directly incurred in the performance of
this Contract Expenses incurred by the Consultant pay-
able under this Agreement shall be submitted to the City
in the form and manner specified by the City
IV Legal Status of Candidate City shall verify the employ-
ment eligibility of the candidate referred by the Consultant and
hired by the City and provide the Consultant with a photocopy of
the completed, verification form (I-9) immediately upon its com-
pletion as required by the Immigration Reform and Control Act of
1986
V Supervision and Control by City The Consultant is an
independent contractor and shall not be deemed to be or considered
an employee of the City for the purposes of income tax, withhold-
ing, social security taxes, vacation or sick leave benefits, work-
er's compensation, or any other City employee benefit The Consul-
tant shall control all ways and means incident to the proper per-
formance and completion of this Agreement
VI Indemnification The Consultant shall indemnify and hold
harmless the City from any and all damages, loss or liability of
any kind whatsoever, by reason of injury to property or third per-
sons to the extent directly and proximately caused by the error,
PAGE 3
omission or negligent act of the Consultant, its officers, agents,
employees, and invitees in the performance of this Agreement, and
the Consultant will, at its cost and expense, defend and protect
the City against any and all such clams and demands
VII. Term This Agreement shall begin on the date executed by
both parties and end when the all services have been performed and
all conditions of this Agreement have been satisfied
viii Cancellation The City may cancel this Agreement at any
time by giving fourteen (14) days prior written notice If a can-
didate evaluated by Consultant is hired after cancellation, the
full fee shall be paid byy to Consul nt
EXECUTED this the & day of 1991
BOB CASTLEBERRY, MA
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROV AS T LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
M
B
ATTEST
SECRETARY
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