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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 e \mycoffk 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, PAGE 2 $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 PAGE 4