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HomeMy WebLinkAboutAlliance Resource Consulting, LLC - 2008-01-07CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Alliance Resource Consulting, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Executive Recruitment Services Amount of Contract: $100,000.00 Copy of contract distributed to: The oriciinal insurance certificate/waiver distributed Initiating Dept.❑ to Risk Management R Finance Dept. ❑ ORIGINAL bonds sent to Treasurer F-1 Date: 7/6 City Attorney's Office CV Cl) �/ C.'i G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALLIANCE RESOURCE CONSULTING, LLC FOR EXECUTIVE RECRUITMENT SERVICES Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Terminationof Agreement.......................................................................................6 Assignmentand Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................1 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALLIANCE RESOURCE CONSULTING, LLC FOR EXECUTIVE RECRUITMENT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Alliance Resource Consulting, LLC a Limited Liability Partnership hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide executive recruitment services : 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 Eric Middleton who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional Svcs 50 to 100 12-07 1 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 on January 7 , 20O$ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 One Hundred Thousand Dollars ($ 100,000.00 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/ surfnet/professional Svcs 50 to 100 12-07 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. 8. 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 (or alleged 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 approve selection of CONSULTANT's counsel. This indemnity shall agree/ surfnet/professional sves 50 to 100 12-07 3 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at agree/ surfnet/professional sves 50 to 100 12-07 4 the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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. agree/ sw fnet/professional svcs 50 to 100 12-07 5 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 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. agree/ surfnet/professional svcs 50 to 100 12-07 6 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 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: Michele Carr, Human Resources Director 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional Svcs 50 to 100 12-07 7 TO CONSULTANT: Alliance Resource Consulting, LLC _ Eric Middleton, Managing Partner One World Trade Center, Suite 1155 Lonq Beach, CA 90831 17. CONSENT 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. 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 agree/ surfnet/professional svcs 50 to 100 12-07 8 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. 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. agree/ surfnet/professional svcs 50 to 100 12-07 9 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, 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 nonprevailing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is no in fact, held by the signatory or is withdrawn. CONSULTANT's InitialsAy J/� 28. 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 agree/ surfnet/professional Svcs 50 to 100 12-07 10 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. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, ALL By: ITS -17 print name ITS: (circle one) Secretasst. Secretary — Treasurer ry Chief Financial Officer agree/ surfnet/professional Svcs 50 to 100 1 z-07 11 CITY OF HUNTINGTON BEACH, {�- City Attorney (2Job s Date — / 2 Z % 0'8 EXHIBIT "A" A. STATEMENT OF WORK: Consultant shall assist the City of Huntington Beach Human Resources Department in its efforts to recruit and screen candidates. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Organization and Position Analysis ♦ Interview the appropriate individuals to determine views of the position and expectations regarding desirable training, experience and personal characteristics of candidates. Gather/review relevant information i.e., budgets, organization charts, about the City and the department requiring the services. ♦ Prepare Recruitment Profile with desired qualifications and characteristics. ♦ Upon City approval, send Recruitment Profile to potential candidates. The Recruitment Profile shall include information about the City, the department, and the job criteria established by the City ♦ Discuss expected parameters of the search, the search timeline, and schedule future meeting dates. 2. Recruitment ♦ Actively seek out individuals with superior qualifications. ♦ Place job announcements on-line and in professional journals. 3. Preliminary Screening ♦ Review, acknowledge and evaluate all resumes received. ♦ Preliminary screening will be based upon criteria contained in the Recruitment Profile, resumes submitted, and Consultant's knowledge of the people and organizations in which the candidates work. ♦ Conduct telephone screening with the most promising candidates to obtain a better understanding of their background. 4. Progress Reporting ♦ Assemble and submit a progress report of the leading candidates to the City Human Resources. Such report shall include summary resumes, supplemental information and original resumes of those candidates. 5. Candidate Evaluation ♦ Interview candidates that the City has selected as most qualified for the position. ♦ Examine candidate qualifications and achievements respective to the selection criteria. jmp/contracts group/exA/4/17/08 1 of 3 EXHIBIT "A" ♦ Verify degrees and certificates. ♦ Conduct telephone reference checks. 6. Final Reporting/Client Interviews ♦ Assist in scheduling final candidates for interview. ♦ Send candidates packets of information relevant to preparation for the interview. ♦ Provide written report regarding those candidates meeting the majority of the city specifications, along with interviewing/selection tips, suggested interview questions, and rating forms for city interviews. ♦ Conduct a briefing session preceding city interviews and debriefing following the interviews. ♦ Conduct credit/criminal/civil litigation/motor vehicle record checks on up to the top three candidates with a detailed supplemental written report. 7. Supplemental Activities ♦ Provide update on the status of the search. ♦ Handle all administrative details related to the executive search. ♦ Advise candidates of their status at each critical point in the recruitment. In addition, respond to inquiries regarding the status of their candidacy within one to two business days. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Inform Consultant about matters relevant to the search that the City wishes to keep confidential. 2. Supply names of people the city has previously interviewed or considered for this position. 3. Forward copies of the resumes to avoid duplication of effort. 4. Provide feedback to Consultant regarding the information and recommendations provided. 5. Follow up in scheduling interviews with the most promising candidates. 6. Assist in providing information to candidates that will enable them to make their career decisions. 7. Verify employee's eligibility to work in the United States. jmp/contracts group/exA/4/17/08 2 of 3 EXHIBIT "A" D. WORK PROGRAMUPROJECT SCHEDULE: I" Week Meet with the appropriate individuals to gather background information. Develop and obtain approval for the Recruitment Profile. 2°d to 4th Week Develop a list of potential candidates to target. Prepare and place advertisements, if desired. 51to 8t Week Active recruitment — solicit, receive and acknowledge resumes. 9t Week Evaluate resumes and gather supplemental information. 1 Oth Week Submit progress report and meet with City Human Resources staff to review leading candidates. 1 lth to 121h Week Verify degrees and certifications, conduct preliminary references and interview the best qualified candidates. 131h Week Submit final report and initiate the interview process with City Human Resources staff. Following Finalize references, conduct credit/criminal/civil litigation/motor vehicle record checks, and assist with negotiations. jmp/contracts group/exA/4/17/08 3 Of 3 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. Total fees shall not exceed Sixteen Thousand Five Hundred Dollars ($16,500.00) per Department level positions. CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit per assignment. CONSULTANT shall not continue with any work effort over the amount of the maximum limit per assignment unless first authorized in writing by CITY authorized representative(s). CONSULTANT fees shall provide for unlimited meetings with the CITY. In addition, CONSULTANT shall be reimbursed for expenses such as advertising, travel, interviewing, sourcing support services, background checks and other related items, as well as allocated costs such as telephone, postage and photocopying. These expenses shall not exceed $6,500 for a statewide search and $8,500 for a nationwide search without written authorization from the CITY. Below are standard billing rates for CONSULTANT: Engagement Partner $150/hour Engagement Manager $100/hour Research $75/hour Accounting $70/hour Administrative Support $45/hour Expenses above do not include reimbursement of candidates who travel to be interviewed by CITY. CITY shall reimburse CONSULTANT for travel expenses incurred by candidates as follows: Statewide (outside of Orange Expenses not County and Los Angeles County) to exceed $500 per candidate Expenses not Nationwide to exceed $1,000 per candidate CONSULTANT shall be committed to working with CITY until a placement is made; however, if the selected candidate (if recommended by CONSULTANT for hire and other than an internal candidate) should be terminated within one year from the date of hire, CONSULTANT shall re - conduct the search for no additional professional fee. CITY may discontinue this assignment at any time by written notification. In the unlikely event that this occurs, CITY will be billed for all expenses incurred to the date of the cancellation and for professional fees based upon the time elapsed from the commencement of the assignment to the date of cancellation. If a cancellation occurs within the first 30 days of the assignment, following either verbal or written. authorization to proceed, one-third of the professional fee will be due. If a cancellation occurs thereafter, the fee beyond the first one-third will be prorated based upon the Surfnet Exhibit B EXHIBIT B Fixed Fee Payment number of calendar days which have elapsed. If a cancellation occurs after 90 days, all professional fees will be due in full. 2. 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) 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 E) 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. 4. 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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment M CERTIFICATE OF LIABILITY INSURANCE 04/iiz 08 PRODUCER (818)223-8383 FAX (818)223-8181 Tri County Insurance Calabasas License # 0572714 23961-L Craftsman Road Calabasas, CA 91302 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Alliance Resource Consulting, LLC One World Trade Center Suite 1155 Long Beach, CA 90831 INSURERA: Golden Eagle Insurance Co 20621 INSURERB: Houston Casualty Company INSURERC: INSURERD' INSURER E: CnVFRArFS 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. INSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CBP 9902609 10/15/2007 10/15/2008 EACH OCCURRENCE $ _ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE LA OCCUR MED ESP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ Exclude GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO CBP 9902609 10/15/2007 10/15/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS C� !� s� T�i�, AS �Pg VLLO AS To g ,� {-��p � iy}Fd 1Vti0JilP'AT DA RM � C tt0 ��1ZIIOT BODILY INJURY (Per person) $ X BODILY INJURY (Peraccident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLA LIABILITY CU8193861 10/15/2007 10/15/2008 EACH OCCURRENCE $ 1,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE $ A $ 1,000,00 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ BAdvertising OTHER ersonal and vertiInjury, H70616540 10/15/2007 10/15/2008 $1,000,000 per occurrence errors and ommissions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is named as additional insured as per policy terms, limits, conditions, coverages and exclusions as their interest may appear in the operations of the named insured. Insurance is primary where required by written contract. *Cancellation clause is amended to ten days for non-payment of premium. rFRTIFICATF HOI DFR CANCFI 1 ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 Its agents, officers and employees DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn • Risk Management BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2000 Main St. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE a t Ernesto Velaz uez/ERNIE v ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I —COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced "Ith the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section lil — Limits of Insurance. SECTION I —COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. S 10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage"; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. Includes copyrighted material of Insurance Services Offices Inc. with its permission. GECG 602 (09104) Page 1 of 5 INSURED COPY 10/15/2004 9902609 NEUSXMLV2710 PGDMO600 J25985 GCAFPPN 00007609 Page 37 e!"* Amok SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. SECTION II - WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity: and b) coverage for the entity is not otherwise more specifically provided: and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5, above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you. temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a.is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses: and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit". Includes copyrighted material of Insurance Services Offices Inc. with ils permission. GECG 602 (09/04) Page 2 of 5 INSURED COPY 10/15/2004 9902609 NEUSXMLVT710 PGOM060D J25985 GCAFPPN 00007610 Page 38 ,A► Item 4. b. 1) b) is replaced with: b. Excess Insurance 1)b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written `insured contract" for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V —DEFINITIONS The following definitions are added or changed: 9. "Insured contract' a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23 and 24 are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. `Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television. announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. Includes copyrighted material of Insurance Services Offices Inc. with its permission. GECG 602 (09/04) Page 3 of 5 INSURED COPY 10/15r2004 9902609 NEUSXMLV?710 PGDMO60D J25985 GCAFPPN 00D07611 Page 39 Aft - The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS— BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage. Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: Unless the written contract or agreement has been executed, or permit has been issued, prior to the ."bodily injury", "property damage" or 'personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project: c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured(s sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; I. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED — VENDORS Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement: b. Any express warranty unauthorized by you: c. Any physical or chemical change in the product made intentionally by the vendor; Includes copyrighted material of Insurance Services Offices Inc. with its permission. GECG 602 (09l04) Page 4 of 5 INSURED COPY 10115t2004 9902609 NEUSXMLV2710 PGDMO60D J25985 GCAFPPN 00007612 Page 40 GO d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product: g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Includes copyrighted material of Insurance Services Offices Inc. with its permission. GECG 602 (09/04) Page 5 of 5 irvIrrxna 9902609 NEUSXMLV91710 INSURED COPY PGDMO50D J25985 GCAFPPN WW7613 Page 41 Professional Service Contracts Purchasing Certification 1. Date: 5/15/2008 2. Contract Number: FIR 00801700 3. Department: Human Resources 4. Requested by: Michele Carr 5. Name of consultant: Alliance Resource Consulting, LLC 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See Exhibit A 7. Amount of the contract: $100,000.00 8. Are sufficient funds available to fund this contract?' X Yes ❑ No 9. Is this contract geperally described on the list of professional service contracts approved by the City Council?' AYes ❑ No 10. Business Unit and Object Code where funds are budgeted: / 11©;2 " & g g 9-1� 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 13. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached list 16. Attach proposed scope of work. See Exhibit A 17. Attach prop dpayment schedule. See Ex it B .,I epartment Head Signature RIC RD ADRIL Central Services Manager 1. If the answer to this question is "No, the contract will require approval from the City Council, Executive Recruitment Services RFP Vendor List Amy Day CPS Human Resource Services 241 Lathrop Way Sacramento, California 95815 Bobbi C. Peckham Phil McKenney Peckham & McKenney 6700 Freeport Blvd., Suite 203 Sacramento, California 95822 Eric J. Middleton Alliance Resource Consulting LLC One World Trade Center, Suite 420 Long Beach, California 90831 Bob Murray & Associates 1677 Eureka Road, Suite 202 Sacramento, CA 95661 Roberts Consulting Group, Inc. 41905 Boardwalk Ste T345 Palm Dessert, CA 92211 Avery Associates 3 '/2 N. Santa Cruz Ave. Ste A Los Gatos, Ca 95030 Lisa Cook Crossroads Staffing 2050 W. Chapman Ave, Ste 104 Orange, CA. 92868