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HomeMy WebLinkAboutAvery & Associates - 2005-04-20Su ity Contracts Submittal to City Clerk's Office Hum Bexh, r{ To: City Clerk 1. Name of Contractor: Avery & Associates 2. Purpose of Contract: For Example: Audit services or Water Quality Testing Hunlington Lake —Huntington Central Park Recruit Two Deputy City Administrators 3. Amount of Contract: $21,400.00 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer ORIGINAL bonds sent to Treasurer City Attorney's Office Date: 4121 /45 g:lAttyrnisc/formstcity clerk contract transmittal. doc PROFESSIONAL SERVICES CONTRACT BETWEEN THIS AGREEMENT ("Agreement") is made and entered into this �-7 D day of Aek ("L— 200 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as j "CITY, and S,S`aC� a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to 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 CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates QLtt /1l�f who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/ 15101-A I 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 (the "Commencement Date"). This Agreement shall expire on, ^ 29 &�, unless 4/1 sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than aP 2 f from the Commencement Date of this Agreement. These times may be 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 may be amended to benefit the PROJECT 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 Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed — Yr�r-�t Dollars ($ �'� 6V . 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 agree/forms/profsery 10/ 15101-A 2 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." 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 termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be 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 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 liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's 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. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agreelforms/profscry t 0/15/0 [ -A 3 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 other 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 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agreelforms/profservl0115101-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish 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 cancellation for 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. 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 agreelforms1profsery 10115101-A 5 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 manner. 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. 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. 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. agree/formslprofservl0l15lOI-A 6 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 a sealed 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: 2000 Main Stfeet Huntington Beach, CA 92649 17. CONSENT TO CONSULTANT: When CITY's consent/approval 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. agreelformslprofsery 10/15101-A 7 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 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. 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 agree/forms/profsery 10/ 15/01-A 8 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. IMMIGRATION 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. 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. 24. ATTORNEY'S FEES 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, agree/forms/profservl0/ 1510 [-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney'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. 27. 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 party'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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/ 15101-A 10 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 HUNTINGTON BEACH, a municipal corporation of the State of California Director of p a m l 4, S ZA'4l LES (Pursuant To HBMC §3.03.I00) ITS: (circle one) Ch(ma dent PPROVED AS TO FORM; An V" City Attorney By: - AIM 3 , 'h�qran print name one) Secretary/Chief Financial Officer/Asst. Secretary — T easurer agree/forms/profsery 10/ l 5101-A I I REVIEWED AND APPROVED: City Administrato (only for contracts $50, 000.00 and over) EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Professional recruitment services for two Deputy City Administrator's B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: I. Position Profile and Organizational Assessment The initial assessment phase is a critical component of the search process. Mr. Avery will meet with the key decision makers to discuss the organizational needs and position requirements and to formalize the job profiles. Our goal for this aspect of the recruitment process is to: • Understand the City priorities for these positions. • Develop a clear understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidates. • Discuss the goals, objectives, deliverables, and challenges related to these positions. • Gain insight of the various organizational dynamics and departmental issues that exist within the organization. • Identify the compelling aspects to these opportunities. The formal position descriptions and subsequent ideal candidate profiles will be developed from the above discussions and incorporated into the formal position announcement. The candidate profiles are also utilized in various other means as a marketing tool, for advertising copy, postings, and for other announcements. Il. Development of the Search Strategy The search strategy is developed in conjunction with the organizational assessment. The final approach is based on your input and considerations during the assessment activity. For these assignments, we feel it is critical to develop a high level of visibility with a comprehensive outreach program supplemented by a focused targeted recruitment approach. We would incorporate the following elements into this search: • Original research, which consists of identification and contact of current incumbents or other candidates who meet the profile, but are not actively seeking other employment. • Development of a targeted candidate list based on contacts, referrals and recommendations from key sources and other current and former Information Services personnel who have extensive contacts and networks in this area. jmplconuacts group/exA/3/29/05 IWN:II=gI�,:,lir • Active referral solicitation from various industry sources and other contacts developed from our many years of public sector consulting. • Public information sources that include various membership listings such as the California League of Cities, Municipal Management Associations throughout California, and the various municipal organizations within the State. • An extensive, personalized mailing campaign to individuals identified through the means identified above and/or those affiliated with throughout the state. • Print advertising in Western City and Jobs Available magazines. • Internet job postings on national public sector employment bulletin boards, municipal management association -based web sites, and our company website. • Utilization of our extensive key executive contacts included in our recruitment database. • Development and distribution of the comprehensive position announcement to various city, county, and state departments, as well as agencies throughout the state. III. Candidate Assessment Our assessment process involves several "tiers" of evaluation. All candidates responding to this position will initially, be evaluated based on their resume and if appropriate, an extensive phone "screening" by a firm Consultant. Candidates who pass the initial "qualifying" criteria are then scheduled for a formal interview with the Principal in charge of the project. These extended personal interviews typically take one hour and a thorough discussion of their experience, accomplishments, management philosophy and interpersonal style takes place. Those individuals who best fit the position requirements will have a Candidate Assessment Report developed by the Principal who conducted the interview. We also conduct two reference interviews on candidates selected for presentation to our clients. IV. Candidate Presentation Upon completion of formal interviews, a selection of candidates for presentation is made. Typically, the number of final candidates requested by our clients range from 5 to 7. We feel our extensive qualification, interview, and reference interviewing process and the knowledge gained during our initial assessment period, enable our client to proceed with fewer rather than more finalists. The final candidates are presented in our candidate presentation "book". Each finalist will have a file consisting of a candidate summary sheet, a resume, the Candidate Assessment Report (based on the formal interview), and two candidate reference interviews. jmpkontracts group/exA/3/29/05 EXHIBIT "A" V. Selection Process Once the final candidate interview group is identified, we will assist in the structuring of the interview process and coordinate the interview scheduling activity. Our firm will also provide candidates with guidance related to travel planning, hotel accommodations, as well as other interview planning issues. Upon request, our firm can also arrange a summary background evaluation on the City's final one or two candidates. Costs for these checks are included in the recruitment expense budget listed in our Consulting Fee section. VL Position Closure and Follow -Up Based on the firm's experience in human resource management and executive search, we are able to assist our clients in formulating appropriate compensation and other employment arrangements. We will be available throughout our retention to assist in this process. As a matter of policy, Avery Associates monitors the transition and progress of any executive we place with a client. Within the first three to six months following the hired individual joining the City, we will speak with that individual to ensure the transition has effectively occurred. During the same period we will also review the individual's status with your office. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Department Head's meet with consultant 2. Approve job announcement 3. Interview final candidates D. WORK PROGRAMIPROJECT SCHEDULE: See attachment jmp/contracts group/exA/3/29/05 Description (Weeks) Initial meeting(s) - Job announcement draft - Advertising and marketing in place. - Recruitment strategy finalized - Approve and print job announcements Recruitment period - Candidate screening Candidate Interviews - Complete references - Preparation of candidate book Presentation of candidates Final interviews CITY OF HUNTINGTON BEACH DEPUTY CITY ADMINISTRATORS RECRUITMENT SCHEDULE 1 2 3 4 5 6 7 8 9 1011 12 1=2 4 3-4 3-4 5 5-9 9-11 13 14 15 16 1 17 18 19 20 14 15 �. EXHIBIT "B" Payment Schedule (Alternative #1) Avery & Associates will submit two payments for a total of $14,900 for recruitment services. Initial retainer of $6,000 and final balance of $8,900 would be invoiced at the completion of the search. Normal and direct out-of-pocket expenses associated with the search are charged back to the City of Huntington Beach. Expenses for this assignment would be a not -to -exceed amount of $6,500. 1. 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 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 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 jmpkontracts group/exB-1/3/29105 1 EXHIBIT B Alternative #1 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. jmp/contracts grouplexB-1/3/29/05 2 EXHIBIT B Alternative #1 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST R E C e I v e o FEB 2 4 2005 1. Requested by: Rick Amadnl. Purchasing Department Cityof Hunifigton Beach 2. Date: February 24, 2005 City �t<pmey's Office 3. Narne of contractorlpermittee: William Avery & Associates 4. Description of work to be performed: Information Services Director recruitment 5. Value and length of contract: $14,900; Four (4) months 6. Waiver/modification request: Errors/Omissions deductible, endorsement and cancellation 7. Reason for request and why it should be granted: Unable to comply with the ciWs zero deductible reauirement ($10.000 Errors/Omissions). additional insured endorsement page (,general liability) and cancellation clause wording requirements 8. Identify the risks to the City in approving this waiver/modification--None. C. Department Head Signature q-ds Date: APPROVALS Approvals must tie .obtained in the order listed on this form. Twoapprovals are required for a request to be granted_ Approval from the City Administrator's Office is only requiied if Risk Management and the City Attorney's Office. disagree. 1. Risk Management Approved ❑ Denied Signature Date 2. =C'Aftorney's Office '41 Sig nature Date 3. City Administrator 's.Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiverimodfication request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services OP ID DATE (MMIDDlYYYY] ACORD CERTIFICATE OF LIABILITY INSURANCE AVEw-01 04 06 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The J . Morey Co . , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License # : 0655907 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 168 E. Jackson St. #1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'San Jose CA 95112 Phone:408-280-5551 Fax:408-280-1368 INSURED Wil iam Avery & Associate 3 1 2 N. Santa Cruz Ave, 1A Los Gatos CA 95030 nnVFRAGEs INSURERS AFFORDING COVERAGE NAIC # INSURER Landmark American Ins Co INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MNWDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES (Ea 0 rlirenca) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR - MED EXP (Any one person] $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ FGEN-L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AG S POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO (Ea pl) ANGLE LIMIT $ BODILY INJURY (Per Person) . $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per edGdenq $ AS WLYOW GARAGE LIABILITY MCGR VM AUTO ONLY - EA ACCIDENT S ANYAUTO EAUTO p+ OTHER THAN EAACC $ $ ONLY: . AGG E:XCE?SSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS 1 ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ OTHER A Errors & Omissions LHR803925 04/04/05 04/04/06 Claims 1,000,000 Made 10,000 ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Proof of insurance. *10 days nonpayment. CERTIFICATE HOLDER CANCELLATION CITHU01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 0of Huntington Beach 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, frS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. AUT 7IZED REPIjESE TkVE ACORD 25 t2001108) © ACORD CORPORATION 1986 PROFESSIONAL SERVICE CONTRACTS hMsn'e,,m PURCHASING CERTIFICATION 1. Requested by: Chuck Thomas 2. Date: February 7, 2005 3. Name of consultant: Avery & Associates 4. Description of work to be performed: Recruitment of two Deputy City Administrator 5. Amount of the contract: $14,900.00 Sin = Z 1 46 6. 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeie,,70 t.3 S2- O W 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): 12. Attach proposed scope of work. 13. Attach proposed payment schedule. _ a RI ARD A ADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification 3/29/2005 11:38 AM j Amadril, Rick From: Culbreth-Graft, Penelope Sent: Friday, April 15, 2005 5:35 PM To: Amadril, Rick Cc: Villella, Dan; Beardsley, Robert Subject: RE: EDD recruitment Thank you so much for the great work you did on this. I was so surprised to find it all done in my inbox this morning. You are an incredible resource. Penny -----Original Message ----- From: Amadril, Rick Sent: Friday, April 15, 2005 8:02 AM To: Culbreth-Graft, Penelope Cc: Thomas, Chuck; Beardsley, Robert; Villella, Dan Subject: RE: EDD recruitment Penny, I will mail out the contract to Alliance today for signatures. I apologized for the misspelled word "quit" instead of "quick", that Villella corrected, in the first sentence. What a bonehead mistake. Chuck, Let me know if you need some help with your professional service account to cover these expenses. I will need to have requistions started to encumber the funds for the remaining two contracts that are described under results of the analysis below. Thanks Rick -----Original Message ----- From: Culbreth-Graft, Penelope Sent: Thursday, April 14, 2005 6:50 PM To: Amadril, Rick Cc: Thomas, Chuck; Beardsley, Robert Subject: RE: EDD recruitment Rick Would you please proceed with a contract with Alliance for the Economic Development Director. Thank you. Penny -----Original Message ----- From: Amadril, Rick Sent: Thursday, April 14, 2005 1:03 PM To: Culbreth-Graft, Penelope Subject: RE: EDD recruitment Penny, Quit [Amadril, Rick] Quick answers: Yes, we did receive a response from Avery, indirectly. Yes, it was in writing via your letter dated December 2, 2004 and our Request for Qualifications requirement of a Interim Director of Economic Development/Redevelopment Agency Director dated March 29, 2005. Yes, you are clear to establish a contract with Alliance. Just let me know. If you want to know more please read the following that I have documented: Analysis of Professional Services for a Recruitment firm • Proiect Chronolog • December 2, 2004 - Letters for solicitation, to recruit two executive positions, were sent to the following eight firms; CPS Human Resource Services Avery Associates The Davis Company The Mills Group Ralph Anderson & Associates Alliance Resources Roberts Consulting Group Bob Murray & Associates as prescribe by Huntington Beach Municipal Code 3.03 section 3.03.060 "Procedure" • December 21, 2004 - Proposal were due and the City received six proposal from; Avery Associates The Davis Company The Mills Group Alliance Resources Robert Consulting Group Bob Murray & Associates • January 2005 - These proposals were reviewed and evaluated by the Police Chief, Fire Chief, Planning Director and Library Director • January 13, 2005 - A short listed, of three firms, was established for interviews based on the above evaluation committee's findings • January 24, 2005 - Interviews were conducted and staff recommendation was Avery Associates and Alliance Resources which are capable of performing the task as prescribe in Huntington Beach Municipal Code 3.03 section 3.03.040 "Selection -guidelines" Results • February - Contract was executed to Avery Associates for the recruitment for the City's Information Service Director as prescribe in Huntington Beach Municipal Code 3.03 section 3.03.100 "Authorization by Department Directors" with a not -to -exceed of $21,400. • March - Contract in process to Avery Associates for the recruitment for two Deputy City Administrator as prescribe in Huntington Beach Municipal Code 3.03 section 3.03.100 "Authorization by Department Directors" with a not -to -exceed of $21,400. • April - Decision pending to accept Alliance Resource Consulting proposal in process for the recruitment of a Economic Development/Redevelopment Agency Director for a not -to -exceed $21.000, • Solution Due to the current number of turnover, transfer of functions and the re -organization I will maintain these documents as a requirement to assure compliance to the Huntington Beach Municipal Code 3.03 to be use as a pre -qualified list of consultants as prescribed under Administrative Regulation 228 Section 6.3.2 "Proof that the department requested informal written proposals from at least three qualified consultants (this requirement may be fulfilled by selecting a consultant from a pre -qualified list maintained by the Purchasing Manager)". This will save the city a lot of administrative cost from not going out for a RFP every time we need a recruiters. Don't worry about scrutiny, there is no shame in my game. Richard Amadril, Central Service Manager City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 ramadril@surfcity-hb.org Phone 714-960-8875 Fax 714-374-1530 -----Original Message ----- From: Culbreth-Graft, Penelope Sent: Wednesday, April 13, 2005 6:37 PM To: Amadril, Rick Subject: EDD recruitment Did Avery respond? Did you initiate this in writing so we are covered that way? Am I clear to just hire Alliance at this stage? With the scrutiny we are getting on the labor negotiator, I wanted to make sure this is letter perfect! Dr. Penelope Culbreth-Graft City Administrator City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 (714) 536-5575, fax 536-5233