1993-047-Agreement With David M. Griffith And Associates, LTD For Outplacement ServicesRESOLUTION 1993 -47
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH
DAVID M. GRIFFITH AND ASSOCIATES, LTD
FOR OUTPLACEMENT SERVICES
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into an agreement (attached)
with David M. Griffith and Associates, LTD for outplacement services, and that the Town
Manager is authorized, and is hereby directed, to execute said agreement in the name and
on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 5th day of April, 1993 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Joanne Benjamin
NAYES: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
M R OF THE TOWN F LOS GATOS
LO GATOS, CALIFORNI
ATTEST:
CLERK OF THE TOWN OP LOS GATOS
LOS GATOS, CALIFORNIA
44 k: �s
PROFESSIONAL SERVICES AGREEMENT
OUTPLACEMENT SERVICES
This Agreement is made by and between the Town of Los Gatos ( "the Town "), and David M.
Griffith & Associates, Ltd. ( "the Consultant ").
1. Outplacement Engagement. The Town agrees to engage the Consultant to perform
those services described below, for completion of the project described as follows:
Outplacement services for up to 10 employees ranging from laborers and data processors
to mid level managers.
2. Services. The Consultant agrees to perform certain services necessary for completion
of the engagement, which services shall include, without limitation, the following:
a. Conduct individual and group counseling with outplaced employees with emphasis
on gaining job search and interviewing skills.
b. Meet with employees to help them assess their skills and career alternatives.
C. Review and revise employees resumes. Discuss approach to cover letters.
d. Conduct 45 minute videotaped interview with each individual employee. Review
tape with employee and provide constructive criticism and tips on improving
interviewing skills.
e. Discuss specific job search strategy with each employee.
f. Provide periodic follow -up assistance over the phone with interested employees.
3. Relationship. The Consultant is an independent contractor and is not to be considered
an agent or employee of the Town of Los Gatos,
4. Compensation. As full compensation for the Consultant's professional services
performed hereunder, the Town shall pay the Consultant at the rate of $1,000 per day
up to a maximum of $6,000.
5. Exnense Reimbursement. Expenses for travel and other related out -of- pocket costs are
included in the $1,000 daily rate. The Town will not be billed for any additional
expenses.
6. Compensation for Additional Services. In the event the Town 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.
7. Method of Pavment. Progress payment of the Consultant's professional services fee and
expenses shall be made upon receipt of billings from the Consultant.
8. Term. The term of this agreement shall commence on April 19, at which time the
Consultant shall begin work on the engagement and shall continue, subject to the
termination provisions of Paragraph 9, until the date that the Consultant completes the
Outplacement Services.
9. 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.
10. Insurance. The Consultant shall maintain in force during the term of the agreement,
Comprehensive General Liability Insurance with the Extended Liability Endorsement,
including Personal Injury; Commercial Umbrella Liability; Automobile Liability
Insurance, including Non -Owned and Hired Liability; and Workers' Compensation and
Employers' Liability Insurance. Such insurance shall be in amounts reasonably
satisfactory to the Town.
11. Hold Harmless. The Consultant shall be responsible for its acts of negligence, and the
Town shall be responsible for its acts of negligence. The Consultant agrees to indemnify
and hold the Town harmless from any and all claims, demands, actions and causes of
action to the extent caused by the negligent acts of the Consultant, its officers, agents and
employees, by reason of the performance of this agreement. This indemnity shall not
be construed to require indemnification of others.
12. Miscellaneous.
a. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned
or delegated by the Consultant without the prior written consent of the Town.
C. This agreement shall be modified only by a written agreement duly executed by
the Town and the Consultant.
d. 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.
e. This agreement shall be governed by and construed in accordance with the laws
of the State of California.
f. 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: April 1, 1993 David M. Griffith & Associates, Ltd.
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Dated: , 1993
Title U` i�
5715 Marconi Avenue, Suite A
Carmichael, CA 95608
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