HomeMy WebLinkAboutAvery & Associates - 2002-07-15PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY° OF HUNTINGTON BEACH AND
AVERY & ASW..TATEq
FOR.
PROFESSIONAL RECRUI M S`r. VICES
Table of Contents
1 Scope of Services......................................................................................................1
2 City Staff Assistance .................. :................
............................................................. 2
3 Tenn; Time of Performance ......................
................................................. I .............. 2
4 Compensation::...:..............................:................................2
5 Extra Work................................................:..............
6 Method of Payment.......................:......:...................................................................3
7 Disposition of Plans, Estimates and Other Documents...........................................3
8 Hold Harmless..........................................................................................................3
9 Professional Liability Insurance..............................................................................4
10 Certificate of Insurance ........................... :........................... :..................................... 5
11 Independent Contractor............................................................................................6
12 Termination of Agreement..........:......:..::.........:...................::.................................. 6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents .......... :.....
............................
............................:........................... -7
15 City Employees and Officials.... .................. . ............ .. .7 -
16 Notices..... ...........:..:...........:.................:... :7 ... ..... .. .
17 Consent..............................................................:
18 Modification.....................................:.......:.....:...:::................:.................................. 8
.... 19 Section Headings.................................................................................................8
20 Interpretation of this Agreement..........................................................................:....8`
21 Duplicate Original.................................................................:..................................9
22 Immigration ..........................
23 Legal Services Subcontracting Prohibited..........................:.....................................9
24 Attomey's Fees...........................................................................................................10
25 Survival....................................................... ..............10
26 Governing Law.........................................................................................................10
27 Entirety ............................................................... ..10
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PROFESSIONAL SERVICES CONTRACT BETWEEN „
THE CITY OF HUNTINGTON BEACH AND
AVERY & ASSOCIATES
FOR
PROFESSIONAL : RFUMT?�M ` SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this i5th day of
JAY 2002 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
AVERY & ASSOCAATES a PROFESSIONAL CORPORATION
hereinafter referred to as ".CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
RECRUIT A DIRECTOR OF INFORMATION SYSTEMS ;and
Pursuant to documentation on file in the office of the City Clerk, .the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to.procurement of -
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:.
1. SCOPE OF SERVICES t
CONSULTANT shall provide all services as described in Exhibit ."A"
which isattached hereto and incorporated into this Agreement by this reference. These.
services shall sometimes hereinafter be referred to as the "PROJECT.
CONSULTANT hereby designates WIMIAM AVERY who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator. to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence,of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (th
"Commencement Date"). This Agreement shall expire on ;,- 2002 unless
sooner terminated as provided herein.. All tasks specified in Exhibit "A" shall be
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completed no later than 20 from the Commencement Date of this
Agreement. These times maybe extended with the written permission of CITY. The time -
for performance of the tasks identified in Exhibit "A" are generally to be shown' in
Exhibit "A.". This schedule maybe amended to. benefit the PROJEC-T-.:if mutually ---agreed :
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
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Exhibit "B," a fee, including all costs and expenses, not to exceed
_ 'IWrMY-ONE THOUSAND NEE 1•ULNMRED Dollars ($ 21,900 ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work - only after receiving written authorization from CITY. Additional
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained:
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to :the terms of Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to. all materials prepared hereunder,
including, without limitation, all original, drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters- and other documents, shall belong to: CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or teinunation of this Agreement or- upon
PROJECT completion, whichever shall occur.first.: These materials maybe used -by =CITY:=
as it sees fit.
S. HOLD HARMLESS
CONSULTANT hereby agrees to. protect, defend, indemnify and hold
harmless .CITY, . its officers, elected or appointed officials employees, agents.- and
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volunteers from and against any. and all claims, damages, losses, expenses, judgments;.
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liabilityof any kind or nature) . arising out of or in connection with
CONSULTANTs (or CONSULTANTS subcontractors, if any) negligent performance of
this Agreement,or its failure ° to comply with any of its : obligations contained in this
Agreement by CONSULTANT,:. its. officers;. agents _ or employees except such loss or,
damage which was caused by the sole negligence or willful misconduct of CITY. CITY
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shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY
in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and
expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity
shall apply to, all claims and liability regardless. of whether any insurance policies are
applicable. The policy limits do not act as limitation upon the amount of indemnification
to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in 'the aggregate. The above -
mentioned insurance shall -not contain a self -insured retention, -"deductible" or, any
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of -work (including subsequent policies purchased as
.e
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents .
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion.: If insurance is
terminated for any reason, CONSULTANT agrees to purchase , an extended reporting
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provision.- of at least two (2) years to..report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE.
Prior to commencing performance .of the work hereunder, CONSULTANT
shall. fumish.to CITY a.. certificate of insurance subject to approval of the City Attorney.
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and, policy. number of each carrier and policy;
B. shall state that the.policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either .party, reduced in coverage or in .limits except
after thirty (30) days'. -.prior written notice; however,_ten (10) days'
prior written notice in the, event of cancellationfor nonpayment of
...premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its .representative shall at all. times have the right to. .
demand the. original .or a copy of the policy ,of insurance.. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee : of. CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation .and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
mariner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete.. Any. termination -of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, .all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
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13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be .assigned;: delegated or subcontracted by CONSULTANT_ to any .other person or.
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as -the situation shall warrant, or by enclosing the same;in
envelope, postage prepaid, and depositing the same in the United .States -Postal Service, to }.
the addresses specified below. CITY and CONSULTANT may designate different
addresses .to which subsequent notices, certificates or other communications. will be.sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO .CITY:
City of Huntington. Beach
ATTN: CLAY MARTIN
2000 Main Street
Huntington Beach, CA 92648
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17. CONSENT
When. CTTY's consentlapproval is required under this Agreement, its
consent/approval for one`transaction:or-event shall not be deemed .to.be-a consent/approval
to any subsequent occurrence of the same or any,other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties:
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included. or excluded from such provisions, and do not interpret define; limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION -OF THIS AGREEMENT -
The language of all parts of this Agreement -shall in all cases be construed
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as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable void, illegal or invalid,. such holding shall not invalidate
or affect 'the remaining 'covenants and=provisions of this Agreement: - No covenant or
provision. shall be. deemed dependent upon any- other unless so expressly provided- here.
As used in -this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
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Nothing contained herein shall be construed so as to require the: commission of any act .
contrary to law, and wherever.there.is any conflict. between any provision contained herein.
and: any present: or future statute, law,. ordinance.or regulation contrary to which the parties. .
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts. as duplicate originals, each of which so: executed shall,
irrespective of the date. of its. execution and, delivery.,: be. deemed an original.. Each
duplicate original shall be deemed an. original. .instrument as against.any party who has
signed it. -
22. 41VINUGRATION
CONSULTANT shall be responsible for: :full compliance. with the
immigration and naturalization laws'of-the United States and shall; in particular, comply
with the provisions of the United.States Code regarding employment verification.
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23: LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is. not liable for payment of any
subcontractor work involving legal services, and: that -.such ,legal services are expressly
outside the scope of services contemplated hereunder....CONSULTANT -understands that .
pursuant to Huntington Beach City: Charter Section 309,.the City Attorney is. the exclusive
legal .counsel. for CITY; and CITY shall not be: liable for payment of :any legal services
expenses incurred by CONSULTANT:
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24, ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement; in the event
suit is brought by either party to construe, interpret and/or `enforce the. terms and/or
provisions of this Agreement or to secure the performance hereof, ,each party shall bear its
own attorney's fees, such that the prevailing party shall not be entitled to recover its
attomey's fees from the non -prevailing party.
25, SURVIVAL
Terms and conditions of this Agreement, which .by their sense and context
survive the expiration or termination of this Agreement shall so survive.
26, GOVERNING LAW
This Agreement shall be governed and construed in' accordance with ,the
laws of the State of California _.
IT ENTIRETY
The parties acknowledge and agree that they are entering into. this
Agreement freely and voluntarily following extensive arm's length negotiation, and _ that
-each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that parry's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth . in this
Agreement. This Agreement, and the attached exhibits, contain. the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
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understandings and agreements whether oral or in writing between the.parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day,month and year first above
written.
CONSULTANT,.
CITY OF HUNT INGTON BEACH,
AVEtY &ASSOCIATES a municipal co oration of the State of California
Director of ' s atz Services
By. ursuant To HBMC §3.03.100)
PAt L- K1Ru2k .
print name -
ITS: (circle oneChairmai esident _ APPROVED. AS TO FORM
r City Attorney
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W( L4-1 e.tit. _ 4 REVIEWED AND APPROVED:
print name.—.� ITS: (circle one) Secretary/Chief Financial Officer/ sst.
secretary -Treasurer City Administrator 4 .
(only for contracts over $50, 000.00)
agree/forms/profservl0/15/01 11
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
AVERY & ASSOCAITES will play the lead role in recruiting the City of
Huntington Beach's new Director fo. Information Systems.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Organization and Position Analysis. — AVERY & ASSOCIATES will
interview appropriate individuals to determine view of the position and
expectations regarding desirable training, experience and personal
characteristics of candidates. Once findings are summarized a
Recruitment Profile with desired qualifications and characteristics will be
submitted for City approval.
2. Recruitment — AVERY & ASSOCIATES will actively seek. out individuals
which fit the recruitment profile regardless of race, religion, creed, age,
color, martial status, sex, sexual preference, disabilities, medical
condition, veteran status or: national origin.
3. Preliminary Screening — AVERY. & ASSOCIATES will review,
acknowledge and. evaluate all -resumes received. Preliminary screening
_,_will be ..based upon the criteria contained in the recruitment .profile.
Telephone screening will be conducted, on the most promising candidates..:
4. Progress Reporting — upon completion of preliminary screening. AVERY &
ASSOCIATES will assemble and submit a progress report of the leading
candidates to the City.. This report will include summary resumes,
supplemental information, and the original resumes of the candidates
believed to be best qualified for -the position.
5. Candidate Evaluation — AVERY & ASSOCIATES will interview those
candidates whose qualifications most. closely . match. the . criteria
established by the City. AVERY & ASSOCIATES will verify degrees and
certifications. AVERY. & ASSOCIATES will make. -telephone reference
checks.
6. Final Reporting/Client Interviews - AVERY & ASSOCIATES will schedule
final candidates for interview with the City and will send candidate packets
of information. AVERY & ASSOCIATES will conduct a "briefing" .
preceding the interview and- "debriefing" sessions immediately following
the interview of each candidate.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Inform AVERY & ASSOCIATES of relevant matters to the search that will
be kept confidential.
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EXHIBIT.."A 0
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2. Supply _AVERY & ASSOCIATES with names of people previous
interviewed/considered for the position.
3.. Forward copies of resumes the City receives
4. Provide feedback to. AVERY & ASSOCIATES regarding the .information
and recommendations provided.
5. Promptly decide upon and follow up in scheduling interviews with most
promising candidates.
6. Assist in -providing information to candidates that will.enable them to make
their career decisions.
WORK PROGRAM/PROJECT SCHEDULE:
1st week — Meet with -the appropriate . individuals to gather
background information
2nd to 4th week— Develop and obtain, approval for the - Recruitment
'Profile. Develop a list of potential. candidates to
target. Prepare and place advertisements.
5th to 8th week — Active Recruitment — solicit,. receive and acknowledge
resumes
9th week - Evaluate resumes and gather... supplemental
information
10th week - Submit progress report and meet with _City to review
leading candidates
11th to 12th week= Verify degrees and certifications, conduct preliminary
reference and interview the best=qual ied candidates
13th week — Submit final report and .initiate interview, process--:.
Following Interviews — - : Finalize references, conduct record checks, and
assist with negotiations
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EXHIBIT "B"
Payment Schedule`
AVERY & ASSOCIATES will submit two payments not to exceed $14,900 for recruitment services.
Each payment will include an itemized expense report not to exceed $7,000 over the term of the
contract.
I : Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
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2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY khall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. - Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set.forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT. is in, or has been brought into compliance, or
until this Agreement has expired or is terminated. as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for "
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
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EXHIBIT B.
Alternative #1
1.. Requested by:. William McReynolds
2. Date: July 23, 2002
3. Name of consultant: Avery & Associates.
4. Description of work to be performed: Executive Search - IS Director
5. Amount of the contract: $22,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are. budgeted: 10040101.69395
8. Is this contract generally described on the list of professional service contracts
,approved by the City Council'? ❑ Yes, ® No
9. Is this contract within $25,000:or. 25% (whichever is less) of the amount stated on.
the list of professional service contracts approved by -the City Council?'
® Yes, ❑ No
10. Were. (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11.. Attach list of consultants from whom proposals were requested (including a
contact telephone number): �� Assoc;I, L-(gl(.)7v..-.gOJO
12. Attach proposed scope of work. vIA)OMUS - (Sod) zq► -q210
13. Attach proposed payment schedule.
'RIMARD A KIADRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
Documentl 7/23/2002 11:16 AM
l EXHIBIT "B►►
Payment Schedule
AVERY &. ASSOCIATES will submit two payments not to exceed $14,900 for recruitment services.
Each payment will include an itemized expense report not to exceed $7,000 over the term of the
contract.
l . Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as -otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion 'of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress- payment due.
Such invoice shall:. .
1) Reference this Agreement; -
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's fine that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of :tasks in accordance with this Agreement, CITY shall
approve the invoice,. in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be' unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in' -Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings •for extra work or additional services authorized in advance and in
writing by- CITY shall be . invoiced separately to CITY. Such invoice. shall contain all of the
information required above, and.in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
j dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart.from the ongoing performance of the remainder of this Agreement.
jmpkontmm group/exB-1/7M102 1
EXHIBIT B
Alternative #1
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C. Mnh6N) art yrv,
as "- �1 . M OtfjN0�)5, pAM-kI/
Council/Agency Meeting Held:^cn-
Deferred/Continued to:
A proved ❑ Conditionally Approved ❑ Denied
y Cler s Signature
Council Meeting Dater JULY 15,.2002
Department ID Number: AS 02-019
C c
CITY OF HUNTINGTON BEACH =,
REQUEST FOR COUNCIL ACTION = -_
J � _
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY:
RAY SILVER, CITY ADMINISTRATORa//V
PREPARED BY:
CD
CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT:
APPROVE PROFESSIONAL SERVICES CONTRACT FOR
EXECUTIVE RECRUITMENT SERVICES
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue:
Should the City Council approve a professional recruitment services contract to fill the
position of Director of Information Systems approved in the Fiscal Year 2001/2002 budget?
Funding Source:
Funding is included in the Fiscal Year 2001/2002 budget in account number
10040101.69395 Non -Departmental, Recruitment Professional Services. The total cost for
Executive Recruitment Professional Services Contract is.$22,000.
Recommended Action:
Authorize the Director of Administrative Services to enter into a professional services
contract with Avery & Associates for executive recruitment services for the position of
Director of Information Systems.
Alternative Action(s):
Do not approve the executive recruitment professional services agreement and direct staff
accordingly.
IAUEST FOR COUNCIL ACTIG
MEETING DATE: JULY 15, 2002 DEPARTMENT ID NUMBER: AS 02-019
Analysis:
As part of the Fiscal Year 2001/2002 budget the City Council approved the position of
Director of Information Systems. At this time the City.is prepared to move forward with the
recruitment. Proposals were received from a total of four firms for the recruitment of Director
of Information Systems. Based upon a review of the proposals, Administrative Services is
recommending the selection of Avery & Associates.
Avery & Associates is well known in the -field of executive recruitment in the public sector, is
well respected, and has extensive experience in Director of Information Systems
recruitments. Among Avery & Associates recently completed Information Systems searches
are: Chief Information Officer for the City of- Modesto; Directors of Information Technology
for the Counties of Monterey and Sonoma; and Management Information Systems Managers
for the cities of Santa Cruz and West .Hollywood. The Administrative Services Department
completed a reference check with the City of Modesto, which was pleased with the service
received from Avery & Associates.
The Administrative Services , Department is recommending approval of the Avery &
Associates contract at this time in an amount not to exceed $22,000. It is anticipated- that a
final selection will be recommended to the City Council in the early Fall.
Attachment(s):
RCA Author: William McReynolds
H:\RCA's\IT Director.doc -2- 7/8/2002 1:27 PM
•
•
ATTACHMENT #1
0 EXHIBIT "A" 0
A. STATEMENT OF WORK: (Narrative of work to be performed)
AVERY & ASSOCAITES will play the lead role in recruiting the City of
Huntington Beach's new Director fo Information Systems.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Organization and Position Analysis — AVERY & ASSOCIATES will
interview appropriate individuals to determine view of the position and
expectations regarding desirable training, experience and personal
characteristics of candidates. Once findings are summarized a
Recruitment Profile with desired qualifications and characteristics will be
submitted for City approval.
2. Recruitment — AVERY & ASSOCIATES will actively seek out individuals
which fit the recruitment profile regardless of race, religion, creed, age,
color, martial status, sex, sexual preference, disabilities, medical
condition, veteran status or national origin.
3. Preliminary Screening — AVERY & ASSOCIATES will review,
acknowledge and evaluate all resumes received. Preliminary screening
will be based upon the criteria contained in the recruitment profile.
Telephone screening will be conducted on the most promising candidates.
4. Progress Reporting — upon completion of preliminary screening AVERY &
ASSOCIATES will assemble and submit a progress report of the leading
candidates to the City. This report will include summary resumes,
supplemental information, and the original resumes of the candidates
believed to be best qualified for the position.
5. Candidate Evaluation — AVERY & ASSOCIATES will interview those
candidates whose qualifications most closely match the criteria
established by the City. AVERY & ASSOCIATES will verify degrees and
certifications. AVERY & ASSOCIATES will make telephone reference
checks.
6. Final Reporting/Client Interviews — AVERY & ASSOCIATES will schedule
final candidates for interview with the City and will send candidate packets
of information. AVERY & ASSOCIATES will conduct a "briefing"
preceding the interview and "debriefing" sessions immediately following
the interview of each candidate.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Inform AVERY & ASSOCIATES of relevant matters to the search that will
be kept confidential.
jmp/contracts group/exA/7/8/02
0 EXHIBIT "A" 0
2. Supply AVERY & ASSOCIATES with names of people previous
interviewed/considered for the position.
3. Forward copies of resumes the City receives
4. Provide feedback to AVERY & ASSOCIATES regarding the information
and recommendations provided.
5. Promptly decide upon and follow up in scheduling interviews with most
promising candidates.
6. Assist in providing information to candidates that will enable them to make
their career decisions.
D. WORK PROGRAM/PROJECT-SCHEDULE:
1 st week — Meet with the appropriate individuals to gather
background information
2nd to 4th week — Develop and obtain approval for the Recruitment
Profile. Develop a list of potential candidates to
target. Prepare and place advertisements.
5th to 8th week — Active Recruitment — solicit, receive and acknowledge
resumes
9th week — Evaluate resumes and gather supplemental
information
10th week — Submit progress report and meet with City to review
leading candidates
11th to 12th week— Verify degrees and certifications, conduct preliminary
reference and interview the best -qualified candidates
13th week — Submit final report and initiate interview process
Following Interviews — Finalize references, conduct record checks, and
assist with negotiations
jmp/contracts group/exA/7/8/02
RCA ROUTING SHEET
INITIATING DEPARTMENT:
ADMINISTRATIVE SERVICES
SUBJECT:
APPROVE PROFESSIONAL SERVICES CONTRACT FOR
EXECUTIVE RECRUITMENT SERVICES
COUNCIL MEETING DATE:
JULY 15, 2002
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RET)JJRNED
FORWARDED
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
(Ll(
)
City Administrator (Initial)
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
1
RCA Author: William McReynolds
RtUEST FOR COUNCIL ACT*
MEETING DATE: JULY 15, 2002 DEPARTMENT ID NUMBER: AS 02-019
Analysis:
As part of the Fiscal Year 2001/2002 budget the City Council approved the position of
Director of Information Systems. At this time the City is prepared to move forward with the
recruitment. Proposals were received from a total of four firms for the recruitment of Director
of Information Systems. Based upon a review of the proposals, Administrative Services is
recommending the selection of Avery & Associates.
Avery & Associates is well known in the field of executive recruitment in the public sector, is
well respected, and has extensive experience in Director of Information Systems
recruitments. Among Avery & Associates recently completed Information Systems searches
are: Chief Information Officer for the City of Modesto; Directors of Information Technology
for the Counties of Monterey and Sonoma; and Management Information Systems Managers
for the cities of Santa Cruz and West Hollywood. The Administrative Services Department
completed a reference check with the City of Modesto, which was pleased with the service
received from Avery & Associates.
The Administrative Services Department is recommending approval of the Avery &
Associates contract at this time in an amount not to exceed $22,000. It is anticipated that a
• final selection will be recommended to the City Council in the early Fall.
Attachment(s):
•
RCA Author: William McReynolds
HARCA's\IT Director.doc -2- 7/8/2002 1:27 PM