R96-122RESOLUTION NO. R96-/~¢,=,,~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR EXECUTIVE SEARCH
SERVICES (CITY MANAGER) BETWEEN THE CITY OF
BOYNTON BEACH AND DAVID M GRIFFITH &
ASSOCIATES, LTD.; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission on August 6, 1996, identified David M. Griffith
(DMG) as the firm to complete the search for the new City Manager; and
WHEREAS, the City Commission deems it to be in the best interests of the
residents and citizens of the City of Boynton Beach to enter into an Agreement with
David M Griffith & Associates, Ltd. to conduct a search for a new City Manager, in an
amount not to exceed $11,865.00 for professional services and an amount not to
exceed $3,500 for expenses;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the Mayor and City Clerk to execute a Professional Services
Agreement for Executive Search Services for a new City Manager for the City of
Boynton Beach, a copy of said Agreement being attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~,~ day of August, 1996.
ATTEST:
Cit~ Clerk
..,,,,"'?!'!7%,..
Commissioner
JCommissioner
PROFESSIONAL SERVICES AGREEMENT
EXECUTIVE SEARCH SERVICES
This Agreement is made by and between the City of Boynton Beach, Florida ("the City"), and
David M. Griffith & Associates, Ltd. ("the Consultant").
Search Engagement. The City agrees to engage the Consultant to perform those services
described below, for completion of the project described as follows:
City Manager ("the Search").
Services. The Consultant agrees to perform certain services necessary for completion of
the Search, which services shall include, without limitation, the following:
g.
h.
i.
Position analysis
Place advertisements in appropriate journals and publications.
Candidate identification
Resume review and screening
Preliminary interviews with leading candidates
Detailed reference checks on leading candidates
Verify educational credentials
Recruitment report
Assist with interviews and negotiations
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A complete description of the services to be provided are contained in a proposal from the
Consultant to the City dated July 26, 1996, which is incorporated herein by reference.
Relationship. The Consultant is an independent contractor and is not to be considered an
agent or employee of the City.
Compensation. As full compensation for the Consultant's professional services
performed hereunder, the City shall pay the Consultant the fixed mount of $11,865
(Eleven Thousand Eight Hundred Sixty-Five Dollars).
Expense Reimbursement. The Consultant shall be entitled to reimbursement for
expenses from the City for such expenses as travel, printing and binding, postage and
delivery, and clerical and long-distance telephone charges. The City will directly pay the
cost for all advertisements. Expenses are not-to-exceed $3,500 (Three Thousand Five
Hundred Dollars). The Consultant shall provide the City with a listing of expenses by
category of expense as a part of monthly billings.
10.
11.
Compensation 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.
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.
Term. The term of this agreement shall commence on August 20, 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. The time of completion of the Search is estimated to be 60-90 days from project
initiation as described in Paragraph 2a.
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.
Insurance. The Consultant shall maintain in force during the term of the agreement,
General Liability Insurance including Personal Injury; Excess Umbrella Liability;
Automobile Liability Insurance, including Non-Owned and Hired Liability; and Workers'
Compensation and Employers' Liability Insurance.
Miscellaneous.
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The entire agreement between the parties with respect to the subject matter
hereunder is contained in this agreement.
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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.
This agreement shall be modified only by a written agreement duly executed by
the City and the Consultant.
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.
This agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
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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: August 13, 1996
David M. Griffith & Associates, Ltd.
1621 Metropolitan Blvd. Suite A
Tallahasse~, FL 32308
Regional Director
Dated:
City of Boynton Beach, Florida
Title: FC'~/,-r~
~R~ED AS TO FORM~
CITY ATI'O RN Ey