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HomeMy WebLinkAbout2001-06-05; City Council; 16207; Executive Recruitment ServicesCITY OF CARLSBAD - AGENDA BILL AB # /6$7 TITLE: DEPT. MTG. -_- 6-b5 -01 CONSULTANT CONTRACT FOR EXECUTIVE CITY ATTY @ DEPT. HR RECRUITMENT SERVICES CITY MGR. RECOMMENDED ACTION: City Council adopt Resolution No.&)/-/Sqapproving this consultant contract. ITEM EXPLANATION: The Human Resources Department requires the professional expertise of Hughes, Perry & Associates, a Human Resources consulting firm specializing in executive search, recruitment and selection activities. This consultant service is necessary to conduct recruitments for the two executive position vacancies created as a result of the retirements of the Community Services Director and Fire Chief. The City has contracted with Hughes, Perry & Associates for previous executive searches and staff recommends continuing services with this firm because of their familiarity with our City operations and specific selection criteria. FISCAL IMPACT: The duration of this agreement is for two years and the total maximum fee payable for services to be performed during this period is $45,000. The funds for these services have been included in the departmental operating budget for fiscal year 2000/01. EXHIBITS: 1. Resolution No. 260/ @ 1% 2. Signed contract with Hughes, Perry & Associates. 1 RESOLUTIONNO. 2001-159 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR EXECUTIVE RECRUITMENT CONSULTING SERVICES. 4 5 WHEREAS, the City Council has determined that it is desirable and necessary to 6 retain executive recruitment consulting services; and 7 WHEREAS, Hughes, Perry & Associates has previously been utilized by the City to 0 perform such services; and I 9 10 WHEREAS, staff recommends that the City continue to utilize Hughes, Perry & 11 Associates to perform such services. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. That the above recitation is true and correct. 15 16 2. That the City Council approves Hughes, Perry & Associates as the City’s executive recruitment consulting firm. 17 3. 18 That the City Council approves the attached contract, Exhibit 2, with 19 Hughes, Perry & Associates to provide executive recruitment consulting services. This is a 20 two (2) year contract, and the City Manager is given the authority to extend this agreement 21 for up to one additional one (1) year period. 23 Ill 24 Ill 25 26 II Ill 27 Ill 28 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That tids are available in the Human Resources Department budget for this contract for fiscal year 2000/O 1. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 5th dayof June ,2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Nygaard, and Hall. NOES: None. ABSENT: Council Member Finnila. ATTEST:’ i , 1 -,. L’6 M. WOOD, City Clerk (SE&j THIS AGREEMENT is made and entered into as of the 13th day of June I 202, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and HUGHES, PERRY & ASSOCIATES, hereinafter referred to as “Contractor.” .REClTALS City requires the services of an Executive Search, Recruitment, and Selection Contractor to provide the necessary consulting services for recruitment activity; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contiactor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor’s obligations will be to provide Executive Search, Recruitment, and Selection services, which will be assigned to contractor on a position-by-position basis by the Human Resources Director or a designee. rev. 12/28/99 -1 - 2. CITY OBLIGATIONS The City shall provide any documents and access to employees or their workplace locations that are necessary for the Contractor to complete the Contractor’s scope of work. 3. PROGRESS AND COMPLETION Contractor must begin work on any assignment given to contractor under this agreement within ten (10) days after receipt of written notification to proceed by the Human Resources Director or a designee. The work must be completed within the time frames established by the parties at the time of notification. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Human Resources Director. The Human Resources Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR Consultant shall be paid for professional services at the hourly rate of: $140.00 per hour for consulting work, and $30.00 per hour for clerical work. The total fee payable for the services to be performed under this agreement shall not exceed $45000.00. N o other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold payment for all or part of any work done on any assignment given to contractor under this agreement until the work has been accepted by the City. rev. 12128199 -2 - 5. DURATION OF CONTRACT This agreement shall extend for a period of two years from date thereof. The contract may be extended by the City Manager for one additional one (1) year period or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. rev. 12/28/99 -3 - 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Human Resources Director. The Human Resource Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. rev. 12/28/99 -4- 7 Based upon that finding as reported to the City Manager, the City Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad, seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding rev. 12128199 -5 - wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027,and 3.32.028 pertaining to false claims are incorporated herein by reference. L (Initial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax -6 - rev. 12/28/99 withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications prepared by contractor to conform to all applicable requirements of law: federal, state and local. If applicable, contractor shall provide all necessary supporting documents to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, rev. 12128199 -7 - specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the rev. 12/28/99 -8 - City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. rev. 12128199 -9 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be categories 2 and 3. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: rev. 12128199 -10 - 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. rev. 12128199 -11 - 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Human Resources Director Name Julie Clark Address 1635 Faraday Ave. Carlsbad, CA 92008 Title Vice President Name Richard Perry Address P.O. Box 384 Sea Ranch, CA 95494 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. rev. 12/28/99 -12 - 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed 20 . CONTRACTOR: by Contractor this day of I CITY OF CARLSBAD, a municipal corporation of the State of California I. Wood \ (print name/title) By: (sign here) (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: &+&k z, mw Deputy City Attorney rev. 12/28/99 -13 - ACORD, CERTIFICATE OF LIA- INSURANC&H~, 1 DATE (MMIDDIYY) 05/22/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Griffiths Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1338 Bayshore Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Burlingame CA 94010 Phone:650-342-9535 Fax:650-343-5941 INSURERS AFFORDING COVERAGE INSURED INSURER A: Valley Forge Insurance Company INSURER B: National Fire Insurance Co. of hi Associates gghz&h% ughes 7f INSURER c: P.-O. Box 384 Sea Ranch CA 95497 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POUCY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDtTlON OF ANY CONTRACT OR OTHER DOCUMENT WlTHRESPECT TO WHICH THIS CERTtFlCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRlBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlClES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS. NS 2 TYPE OF INSURANCE POLICY NUMBER GENERAL LlABtLllY A X COMMERCIALGENERALLIABILITY B1012136413 CLAIMS MADE (XI OCCUR POLK3 tFFECTlVE POLICY EXPIRATION DATE (MMIDD’YY) DATE (MMIDDIYY) LIMITS EACH OCCURRENCE s1,000,000 01/15/01 01/15/02 FtREDAMAGE(Anyonsfim) S 100,000 MED EXP (Any one penon) $5,000 PERSONAL S ADV INJURY s1,000,000 GENERAL AGGREGATE s2,000,000 GEN’L AGGREGATE LIMIT APPLIES PERi PRODUCTS-COUPIOPAGG S 1,o~~,~f)~ POLICY PRO. JECT x LOC AUTOMOBILE LlABlLlN COMBINED SINGLE LIMIT A ANY AUTO B1012136427 01/15/01 01/15/02 (Eaa=ident) s1,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) s SCHEDULED AUTOS x HIRED AUTOS BOMLY INJURY X NON-OWNED AUTOS (Par accident) S PROPERTY DAMAGE (Per accidsnt) S GARAGE LlABlLlTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S OCCUR q CLAIMS MADE AGGREGATE S S DEDUCTlBLE S RETENTlON S S WORKERS COMPENSATION AND B EMPLOYERS’ LIABILITY WC156770631 I 10/06/00 10/06/01 E.L. EACH ACCIDENT s1,000,000 E.L. DlSEASE - EA EMPLOYEE. S 1,o 0 0 , 0 0 0 E.L.DlSEASE-POLICYLIMIT S 1,~~~,~()~ OTHER IESCRlPTION OF OPERATlONS/LOCATlONS/VEHlCLES/EXCLUSlONS ADDED BY E.NDORSEMENTlSPEClAL PROVISIONS Re: contract with City of Carlsbad. Certificate holder named as additional insured per form CG2010(93). *lO days for nonpayment of premium. /cw :ERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION - City of Carlsbad Attn: Julie Clark, Human Resources Director 1635 Faraday Avenue Carlsbad CA 92008 CARLSBA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATtOh DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRtlTEN NOTICE TO THE CERTlflCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I \CORD 25-S (7/97) OACORD CORPORATION 1988