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RESOLUTION NO. 10-101
A RESOLUTION TO AUTHORIZE THE MAYOR TO
EXECUTE A CONTRACT WITH THE OLDANI GROUP,
INC., TO CONDUCT AN EXECUTIVE SEARCH FOR A
NEW CITY MANAGER; AND FOR OTHER PURPOSES.
WHEREAS, the City has selected The Oldani Group, Inc., after a competitive
selection process, to conduct an executive search for a new City Manager; and
WHEREAS, the City and The Oldani Group, Inc., have come to agreement on the
terms and conditions of this contract for a price of $36,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor is authorized to execute an agreement in substantially the
form as Exhibit A to this resolution with The Oldani Group, Inc., for the amount of thirty
six thousand five hundred dollars ($36,500.00).
ADOPTED: OCTOBER 7, 1997
ATTEST:
0 "a "eA el,
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City ttorney
APPROVED:
Jim DR' ey, Mayor
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• • EXHIBIT "A"
512
CITY MANAGER SEARCH AGREEMENT
•
THIS agreement is entered into this i day of October, 1997, between the City of
Little Rock, Arkansas ( "City"), a municipal corporation duly organized under the laws of the
State of Arkansas, and The Oldani Group, Inc. ( "Oldani "), a corporation organized under
the laws of the State of Washington.
WITNESSETH
WHEREAS, the Board of Directors of the City, after realizing the need to recruit a new City
Manager, decided to employ an executive search firm to assist in this endeavor, and
WHEREAS, pursuant to Arkansas statutes and City ordinances a Request for Qualifications
was duly submitted as RFQ # 97323, and
WHEREAS, after consideration of the five firms that submitted proposals, the Board of
Directors, in open session, voted to execute an agreement with Oldani to complete this search within
the time frame set forth within the terms of this Agreement,
•
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE TERMS AND
CONDITIONS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS:
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ARTICLE I. CONSIDERATION AND TERM
Section 101. Term of the Agreement.
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This Agreement shall be in full force and effect from and after the date of its execution until
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a City Manager is hired by the City.
Section 102. Special Agreements as to Term.
Notwithstanding Section 101 above, 01dani agrees to be available to the City in the future
in the event testimony concerning the City Manager selection process is necessary in any state or
federal court or before any local, state or federal administrative agency.
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Section 103. Termination.
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The Oldani Group
While both the City and Oldani anticipate that this Agreement shall be completed within the
time frame of January 12, 1998, or within a reasonable period not to extend beyond January 31,
1998, either party may terminate this Agreement sooner upon fourteen (14) days written notice to
the other party. If termination occurs before the time set forth in Section 206 below concerning a
time table, the City shall be responsible for all expenses incurred to the date of tennination and shall
be responsible for a proportional share of the overall fee determined by taking the total amount of
the fee divided by the total number of days between the date of execution and January 12, 1998, in
order to calculate a daily amount, and then multiplying that daily amount by the number of days
from the date of execution to the date of termination. Except for reasonable expenses necessary to
close out the Agreement, such as mailing costs to return materials to applicants, expenses shall cease
on the date that written notice of termination is received, provided the City shall remain responsible
for any nonrefundable or nontransferable portions of expenses incurred prior to the date that notice
of termination is received.
Section 104. Consideration.
(A) In consideration of Oldani performing the services set forth in this Agreement, the
City agrees to pay the following sums:
(1) A professional fee of Twenty two thousand five hundred dollars ($22,500.00)
for the professional services involved in the executive recruitment of a City Manager;
(2) Expenses of Fourteen thousand dollars ($14,000.00), unless otherwise agreed
to in writing beforehand, for expenses incurred in the executive recruitment of a City Manager.
(B) Payment of the sums set forth in Section 104(A)(1) shall be made as follows:
(1) The professional fee shall be paid in three equal installments:
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(a) Seven thousand five hundred dollars ($7500.00) shall be paid
immediately upon the final execution of this Agreement by all of the parties;
(b) Seven thousand five hundred dollars ($7500.00) shall be paid 45 days
after the execution of this Agreement, or no later than November 22, 1997; and
(c) Seven thousand five hundred dollars ($7500.00) shall be paid upon
the completion of negotiations and receipt of a final billing by Oldani.
(C) Payment of the expenses set forth in Section 104(A)(2) shall be paid monthly upon
receipt of a bill from Oldani, provided that no expenses in excess of fourteen thousand dollars
($14,000,00) shall be payable unless expressly agreed upon in writing by the City in advance of such
expense.
(D) In the event the Fourteen Thousand Dollars ($14,000.00) set forth for expenses proves
• inadequate, Oldani agrees that any travel or per diem expenses incurred in excess of that amount
shall be limited by the City's travel and per diem expense policy attached as Exhibit _ to this
Agreement.
(E) Oldani agrees that in incurring travel expenses pursuant to this Agreement, it shall
at all times do everything within its power to achieve the least cost including, but not limited to,
utilizing advance booking of airline flights, using the lowest priced coach class, combining trip
segments to achieve the lowest overall cost, utilizing frequent flyer discounts available to Oldani,
and any other means of achieving the lowest possible airfare.
ARTICLE II. SERVICES TO BE PROVIDED BY OLDANI
Section 201. Scope of Recruitment Services
Oldani agrees that it shall use its best efforts to identify a class of applicants for the position
of City Manager that meets the needs of the community as determined in accordance with this
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Agreement, and to present to the City a list of finalists from which, after appropriate interviews, an
offer of employment can be made.
Section 202. Marketing Brochure.
Oldani shall prepare a marketing brochure to be sent to all applicants that outlines the
character and needs of the City. Input for the brochure shall come from information that Oldani is
able to independently develop and, input from conversations with various City staff persons, In
addition, Oldani shall make at least one special trip to the City to confer with the Board of Directors
and members of the various committees that assisted the City Board of Directors in the development
of a profile for a City Manager. This conference shall be designed to gain input and insight from the
members of these committees to include in the marketing brochure and, to explain to these groups
the methodology that Oldani will use as it proceeds with its candidate search. The cost of this trip
• is expressly included in the consideration set forth in Section 104.
Section 203. Contact of Potential Applicants.
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After the final draft of the marketing brochure has been approved by the City Board of
Directors, Oldani shall then contact appropriate persons that it believes should receive a copy of the
marketing brochure and an invitation to apply for the position of City Manager. In addition, Oldani
shall take reasonable steps to identify appropriate media in which to advertise the City's search for
a City Manager. In addition, Oldani shall contact any person recommended by any member of the
City Board of Directors, and not otherwise in contact with Oldani, and provide such person with a
copy of the recruiting brochure and an opportunity to apply.
Section 204. Development of Semifinalist List
Oldani shall prepare for the City Board of Directors a spreadsheet of potential applicants who
would qualify as the top ten to fifteen applicants to meet the criteria established in this process. This
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_City of Little Rock
• The Oldani Group
spreadsheet, which identifies qualifications only, shall be provided to the City Board of Directors
to assure that the qualifications fulfill the desires for a new City Manager. Within five days of the
receipt of this spreadsheet, the City Board of Directors shall note any concerns about the provided
qualifications. If none are noted, then Oldani shall develop a finalist list.
Section 205. Finalist
After further evaluation of the list of semifinalist by Oldani, the City Board of Directors shall
be provided a list of from five to seven persons to be interviewed for a position as City Manager.
This list, with resumes and other appropriate materials, shall be sent to each individual member of
the Board of Directors and a copy shall be on file with the City Clerk. Oldani shall also assist the
• Board in setting up interviews of these candidates and, if necessary, to set up a final interview with
any one candidate.
Section 206. Time Line
The following time line for completion of these tasks shall be followed:
(A) Completion of informational interviews with the Mayor, City Board of Directors, and
other key parties: October 24, 1997;
(B) Development of the recruiting materials and draft recruiting brochure submitted to
the City of Little Rock: October 28, 1997;
(C) Trip to Little Rock to present draft recruiting brochure and to meet with Board of
Directors and committees involved in development of a City Manager profile: On or about October
28, 1997;
(D) Closing date of recruitment: December 1,1997;
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(E) Screening of candidates of interest completed and spreadsheet of qualifications of
semifinalist candidates compiled: December 9, 1997;
(F) Meeting with City Board of Directors concerning spreadsheet of semifinalist
candidate profiles: Between December 9, 1997 and December 24, 1997;
(G) Semi - finalist interviews completed: January 5, 1998;
(H) Discussion of final dossier of qualified finalists with the City's Board of Directors:
January 5, 1948,
(I) Profiles of final candidates delivered to the City Board of Directors: January 17,
1998; 6,6—el- -/ V_-�
(J) Final interviews with the City Board of Directors: January 19, 1998.
ARTICLE III. CITY OBLIGATIONS TO OLDANI
Section 301. City's General Obligation to Proceed in Good Faith.
The City understands that the use of an executive recruitment firm is designed to assist the
City in obtaining the best qualified candidate for the position of City Manager. Therefore, the City
agrees that it shall cooperate with Oldani to complete the process set forth in this Agreement in a
manner that insures the presentation of the best candidates for City Manager and maintains the
integrity of Oldani as an executive search firm.
Section 302. City's Requirement to Cooperate with Requests for Information
The City shall provide all information requested by Oldani within three (3) working days of
any such request. Further, the City shall attempt to provide the information, by telefacsimile or
overnight mail, at an earlier period of time. Further, the City agrees that access to its record and
staff, to the extent necessary to fulfill the terms of this Agreement, shall be available at all reasonable
times.
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ARTICLE IV. MISCELLANEOUS
Section 401. Agreement governed by Arkansas law.
The terms of this Agreement shall be governed by the law of the State of Arkansas and the
parties agree that the venue for execution of this Agreement is Little Rock, Pulaski County,
Arkansas.
Section 402. Section headings and titles not controlling.
The parties acknowledge the terms of this Agreement are contained in its various provisions
and any ambiguity created by reference to an article or section heading shall be decided by reference
• to the language of the section without reference to such title.
Section 403. Each party has had opportunity to confer with counsel.
Despite the fact that certain terms of this Agreement may have been drafted by counsel for
one party, both parties have had the opportunity to confer with independent counsel of the party's
choosing as to the terms and conditions of this Agreement.
Section 404. Multiple originals.
Any executed copy of this Agreement shall be treated as an original for purposes of
authentication or admission into evidence at any proceeding despite the fact that several copies of
this Agreement shall be executed.
Section 405. Nondiscrimination.
Oldani agrees that it shall not discriminate against any person on the basis of age, sex,
disability, national origin, race, or creed, and that it shall otherwise comply with all Arkansas and
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federal laws that prohibit such discrimination. Failure to comply with this provision shall render this
Agreement null and void ab initio and Oldani shall return to the City all monies collected under this
Agreement for any purpose whatsoever, provided that Oldani shall be declared to have failed to
comply with this provision once a court of competent jurisdiction has rendered a final judgment of
such discrimination that is no longer subject to appeal.
Section 406. Authority to Execute Agreement
Oldani and the City verify that the person signing has the legal authority to enter into this
Agreement on behalf of the entity for which the person is signing, and has the authority to bind the
party for whom that person is signing.
WHEREUPON, the parties have affixed their hands and seals this _ day of October,
1997.
The Oldani Group, Inc.
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Authorized Signature
Date:
STATE OF WASHINGTON)
) ss
COUNTY OF
Subscribed and sworn to before me
this _ day of October, 1997.
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City of Little Rock, Arkansas
By:
Mayor
Date:
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
Subscribed and sworn to before
me this _ day of October, 1997.
City Manager Search Agreerns •
City of Little Rock and The Oldani Croup
Notary Public
My Commission Expires:
(Seal)
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City of Little Rock 52A !1
The Oldani Croup
Notary Public
My Commission Expires:
(Seal)
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Procedure Guideline
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TRAVEL EXPENSES
I. PURPOSE
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Index No.: 3020
Date: 10 -8 -86
Revised: 7 -12 -93
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This guideline establishes the Hiles governing the eligibility for payment of expenses incurred
by City employees during travel directly related to official business. These rules provide for
the advance of travel funds to employees and the reimbursement of out -of- pocket expenses.
II. RESPONSIBILITY
A. Authority for promulgation of rules defining the rates of allowable mileage costs, per
diem costs for food and lodging and similar travel expenses, rests with the City
Manager.
B. The Finance Department ensures conformity to the procedures as prescribed in this
guideline. Normal audit rules will be applied to establish conformance among City
departments.
C. Department Directors are responsible for the dissemination of these procedures to all
employees.
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M. POLICY
In order to afford employees maximum flexibility in the accomplishment of their assigned
tasks, the City of Little Rock will pay all travel expenses directly related to official business
in accordance with amounts authorized herein as approved by the employee's Department
Director. Travel expenses for official business may include the cost of out -of -town
conferences involving professional associations, intensive training of the "short course"
nature, and meetings with state and federal authorities on program- related topics. In all cases,
requests to incur travel costs must be approved by the Department Director, or in the case
of Department Directors, by the City Manager.
IV. PROCEDURE
A. Department Directors must approve all requests for official travel prior to the
employee's departure, The Department Director will evaluate travel requests against
factors including budget constraints, job - relatedness of traveler's activities, and other
program considerations judged by the Department Director to impact on the request.
B. Employees should arrange their travel directly, or with a local travel agency in
accordance with established bidding procedure. If travel agency is used for travel,
lodging, vehicles or other services, the lowest cost local provider should be used
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unless lower cost arrangements have been made by a convention or seminar group and
• these arrangements are documented and approved by the Purchasing Agent.
C. Allowable expenses for official City travel will be computed according to the
following rates:
I. Transportation
a. Airline, Bus, Etc. Actual coach costs are reimbursable.
Vendor- supplied receipts of airline tickets, bus tickets, etc., must be
submitted with the actual cost travel form. Reimbursement for use of
a private vehicle is allowable on a per mile basis at the rate of $.22 per
mile. Trip distances will be computed on interstate mileages from the
Rand McNally Atlas.
Provided, however, personal vehicle mileage reimbursement will not
exceed 21 day available coach air fare; nor will food and lodging
expenses be for more than one day of travel time to and from the
destination city.
When two or more travelers are attending the same workshop,
conference, etc. and the travelers are driving individual automobiles,
the Department Director must approve the use and reimbursement of
• multiple vehicles.
Computing mileage to and from the Little Rock Regional Airport will
be reimbursed at a fiat rate of $5.00 each way.
b. Taxicabs
Taxi fare is reimbursable, with receipts, at actual costs. All taxicab
receipts must be submitted for reimbursement. Receipts should not
exceed a total of four, except for additional business purposes; to and
from the Little Rock Airport.traveled to and your destination traveled
to.
C. Rental Vehicles
Employees who intend to rent vehicles for official City travel must
secure prior written approval from their Department Director.
Written justification for renting vehicles as well as cost estimates for
the rental of the vehicle and collision insurance, if you plan to
purchase insurance, must accompany all pretrip requests. Actual costs
of mid -sized vehicles rented from recognized car rental agencies
• (Avis, Hertz, National, Budget, Dollar, etc.) are reimbursable, with
receipts.
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• 2. Food
A $37.00 per diem maximum allowance for food (breakfast, $8.00; lunch,
$8.00; dinner, $21.00; includes tips) will be provided. Meals eaten while
attending in -town conferences are not reimbursable. In -town travel includes
Metropolitan Little Rock and North Little Rock area. The City will not
reimburse the costs of alcoholic beverages.
3. Lodging
Request for advance or actual cost for lodging in excess of $80.00 (plus tax)
per night, is reimbursable, with receipts, if approved by the City Manager's
Office.
4. Tips
Expenses for miscellaneous non -food tips are reimbursable up to a maximum
of $10.00, if properly itemized on the travel expense form.
5. Parking
Expenses incurred for parking are reimbursable, with receipts. Any airport
• parking will be reimbursed at the long -term parking rate.
6. Telephone Calls
Personal long distance telephone calls are not reimbursable.
7. Public Relations
The City Manager is authorized to request an advance up to $2,000 to be
used for public relations or special events. Receipts for actual expenses must
accompany the completed travel expense form.
8. Other Miscellaneous Expenses
Where not otherwise paid from line -item accounts where designated for
employee training or education, items such as tuition, conference registration
fees and parking are reimbursable at actual costs. Receipts for all
miscellaneous expenses (manuals, tapes, publications, etc.) must be submitted
with the actual cost travel form.
D. Advance travel expenses will be obtained as follows:
• 1. The traveler will submit the required number of completed Travel Expense
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Fos, showing estimated expenses, to t•Department Director. The
Department Director will evaluate this request and forward the form to the
• Finance Department for issuance of a travel expense check.
2. Requests for advance travel must be submitted to the Accounting Division of
the Finance Department a minimum of ten working days prior to the date of
departure, accompanied with the appropriate number of purchase requisitions,
travel and registration forms, unless the travel is not approved in ten days in
advance.
3. Finance will make no advance travel payments if there are outstanding
post - travel recapitulations or refunds past due from the individual requesting
the advance.
E. Submission of actual expenses recaps will be as follows:
1. Where an advance payment has been made, the traveler will submit a
completed second copy of the Travel Expense Form to the Finance
Department within two weeks of return. Any traveler with money due the
City will turn these monies in to the City Collector, then attach the Collector's
receipt to the actual cost travel form and forward these documents to the
Finance Department.
• 2. Where no advance payment has been made, the traveler will obtain one copy
of the Travel Expense Form (signed by the Department Director prior to
departure) and show actual travel costs, then forward the Travel Expense
Form to the Finance Department for payment.
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City Manager
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