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HomeMy WebLinkAboutCC AG PKT 2007-02-12 #E AGENDA REPORT e DATE: February 12,2007 TO: Honorable Mayor and City Council FROM: Mark Vukojevic, Acting City Manager SUBJECT: RATIFICATION OF SERVICE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE MILLS GROUP FOR CITY MANAGER RECRUITMENT SERVICES SUMMARY OF REQUEST: The proposed City Council action will ratifY the service agreement between the City of Seal Beach and the Mills Group for City Manager recruitment services. BACKGROUND: The incumbent of the position of City Manager will vacate the position on February 13, 2007. The City is in need of a recruiting finn to assist in placing a new permanent City e Manager to serve as the City's Chief Executive Officer. ~ANCIAL IMPACT: The fiscal impact is expected to be $16,000. Total billings for expenses incurred for advertising, brochures, and background checks shall not exceed $4,500. $8,000 of the consultant fee is payable upon commencement of services, and the balance due upon completion of services within 30 days of the appointment of the new City Manager by the City Council. RECOMMENDATION: It is recommended that the City Council ~opt Resolution No, service agreement between the City of Seal Beach and the Mills Group. ratifying the APPROVED: City Manager e Attachments: Service Agreement Agenda Item E e RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RATIFYING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE MlLLS GROUP FOR EXECUTIVE SEARCH SERVICES The City Council of the City of Seal Beach hereby resolves as follows: SECTION I. The City Council hereby ratifies the Professional Services Agreement between the City of Seal Beach and the Mills Group for Executive Search services. SECTION 2. The Council hereby directs the City Manager to execute the Professional Services Agreement with the Mills Group. PASSED, APPROVED AND ADD OPTED by the City Council of the City of Seal Beach this 12th day of Februarv, 2007 by the following vote: AYES: Council Members e NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATI'EST: City Clerk .' e e STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 12th day of Februarv .2007. City Clerk e e e AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE MILLS GROUP FOR CITY MANAGER RECRUITMENT SERVICES This agreement, effective-immediately, is entered into by and between TIm MILLS GROUP, INC, ("CONSULTANT") and the CITY OF SEAL BEACH ("CITY"). WITNESSETH: WHEREAS, CITY has need for specialized consultant services; and WHEREAS, CONSULTANT has the training, experience and competence to perform the specialized services required by the CITY; and NOW TImREFORE, the parties to this agreement do hereby mutually agree as follows: (A) DUTIES OF CONSULTANT e 1. CONSULTANT shall perform any and all necessary work ("SERVICES") in order to assist the CITY in recruiting and hiring a qualified City Manager. CONSULTANT shall perform the tasks described in the proposal dated January 16,2007 ("PROPOSAL") and the "Draft Recruiting Timeline" dated January 2007 ("TIMELINE") attached thereto. The PROPOSAL, including all attachments, is attached hereto as Exhibit A and incorporated by this reference. Consultant shall: a. Meet with CITY Officials and others deemed appropriate by the CITY. b. Develop recruitment materials (including the candidate profile, job announcement, and employment ads) for the CITY. c. Conduct outreach to seek out and recruit qualified candidates for the position. d. Conduct preliminary screening to eliminate candidates who do not possess minimum required qualifications. e. Provide a recommended list of finalists. In performing the screening, CONSULTANT will utilize a combination of the following techniques: 1. Resume review 2. Phone interviews 3. Formal interviews 4. Initial. reference interviews e Page 2 e f. Present the CITY with the recommended list of finalists accompanied by detailed written reports. CONSULTANT will work with the CITY to ltI1'III1ge for interviews, suggest interview questions, and attend interview sessions. g. Notify all unsuccessful candidates. h. Assist, upon request, with final reference checks, compensation negotiations, etc. 2. Lisa Mills shall be the sole contact on the recruitment. 3. Time is of the Essence. Time is of the essence for the performance of the SERVICES. CONSULTANT shall use her best efforts to meet the deadlines set forth on the TIMELINE attached as Exhibit A, CONSULTANT shall not be deemed to be in default where failure or delay in the performance of any of its obligations under this Agreement is caused by floods, earthquakes, fires, wars, riots or other hostilities or causes that are beyond CONSULTANT's control. 4. Inde,pendent Contractor. CONSULTANT is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT 's employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. e 5. Assionment. CONSULTANT may not assign this agreement. 6. Interests of Consultant. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT. (B) DUTIES OF CITY 1. CITY shall cooperate with CONSULTANT as follows: a. Providing all information reasonably accessible to CITY which may be helpful to CONSULTANT in the performance of its services, and b. Making staff available for interviews/consultation, etc. c. Providing clerical and stenographic assistance as CONSULTANT may reasonably require at City Hall, and d. Providing a suitable location where interview sessions may be conducted, e Mills (recruiting firm) (2) Page 3 - (C) CONSIDERATION 1. CITY sbaI1 pay CONSULTANT $16,000 for all SERVICES rendered. $8,000 sbaI1 be due and payable upon commencement of the SERVICES. The balance ($8,000) will be due upon completion of the SERVICES and within 30 days of the hiring of a new City Manager by CITY. 2. CONSULTANT shall bill CITY for direct expenses incurred including-advertisement, brochures, and background checks. Total billings for expenses shall not exceed'$4,SOO. Expenses will be detailed and billed at the end of the recruitment. 3. If the individual who is hired by CITY as the City Manager either resigns or is terminated within the first year ofhis or her employment, then CONSULTANT will conduct a new recruitment at no additional charge to CITY, except that CONSULTANT may bill CITY for its direct expenses in conducting the recruitment in accordance with paragraph 2 oftbis Section. (D) INDEMNITY 1. CONSULTANT shaI1 indemnify, defend, and hold harmless the CITY, its officers, agents and employees against any and all liability, claims, actions, causes of actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONSULTANT, CONSULTANT'S employees, agents or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. e 2, CITY shall indemnifY, defend, and hold harmless the CONSULTANT, its officers, agents and employees against any and all liability, claims, actions, causes of actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CITY, CITY'S employees, agents or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. (E) INSURANCE 1. CONSULTANT shaI1 at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in Califomia with a minimum rating of A in the latest edition of Best's Insurance Guide: (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits ofSl,OOO,OOO.OO combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by CONSULTANT, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) professional liability insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage ofSl,OOO,OOO.OO; and (4) worker's compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater. CONSULTANT agrees that it e will not cancel, reduce or otherwise modify said insurance coverage. Mills (rec:uiting firm) (2) Page 4 e 2. The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. (F) GENERAL PROVISIONS 1. lbis Agreement shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. Venue and jurisdiction with respect to any action, claim or other proceeding arising under or in relation to this Agreement sha1I be exclusively in the State Courts located within the County of Orange, State of California. 2. 'In the event of any dispute, action, proceeding or controversy regarding the existence, validity, interpretation, performance, enforcement or claimed breach of this Agreement, the prevailing party shall be entitled to recover all of the prevailing party's costs, including actual attorneys' fees incurred in connection therewith. 3. This .Agreement shall be binding on and inure to the ~enefit of the Parties and their respective successors and assigns. 4. lbis Agreement cannot be modified or changed except by written instrument signed by both of the Parties hereto. e 5. lbis Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CONSULTANT AND CITY. lbis Agreement supersedes all prior oral or written negotiations, representations or agreements. 6. The CITY may terminate this Agreement at any time without penalty upon ten days written notice to CONSULTANT. CONSULTANT may terminate this Agreement due to CITY's failure to pay for CONSULTANT's services, as specified herein, provided that CONSULTANT first sha1I provide thirty days advance written notice to CITY and an opportunity to cure the default 7. Notice shall be provided at the addresses supplied by the parties. ~~ Dated: /~ 2 '1-07 . City Clerk e Mill. (recruiting firm) (2)