HomeMy WebLinkAboutCC AG PKT 2009-05-11 #GAGENDA STAFF REPORT
DATE: May 11, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark Persico, Human Resources
SUBJECT: APPROVAL OF CONTRACT WITH NORMAN A.
TRAUB ASSOCIATES
SUMMARY OF REQUEST:
Staff is seeking approval to enter into a contract with Norman A. Traub
Associates for Personnel/Human Resources Investigative Services.
BACKGROUND:
Pursuant to the City's Personnel Rules and Regulations employees can file
grievances and make complaints about the workplace and the work environment.
Upon receipt of a grievance or complaint the City has an affirmative duty to
investigate the merits of the matter. In order to assure fairness and impartiality
during the investigation it is often best to use outside professional services.
Norman A. Traub Associates is a California Licensed Investigator and Attorney
based in Yorba Linda that works for over 100 cities, counties and school districts
throughout California. The firm values accountability, fairness and concern for
others in all its work. Approval of this contract will allow the City to conduct
personnel investigations as the need arises.
FINANCIAL IMPACT:
The contract hourly rate is $130.00, plus limited reimbursable expenses. A budget
amendment is being requested by separate action (Bud Amend #09-11-01).
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to sign the
attached contract with Norman A. Traub Associates.
SUBMITTED BY: NOTED AND APPROVED:
~~~
M k Persico, Hu a Resour a David Carmany, City Manager
Attachments:
A. Resolution No. 5868
B. Contract for Professional Services
Agenda Item G
RESOLUTION NUMBER 5865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE AGREEMENT FOR SPECIAL
SERVICES BETWEEN THE CITY OF SEAL BEACH AND
NORMAN A. TRAUB ASSOCIATES
WHEREAS, the City endeavors to handle all matters of personnel on the basis of
merit so that fairness and impartiality govern decisions pertaining to
appointments, pay adjustments, promotions and discipline; and
WHEREAS, from time to time the City has the need for professional investigative
services in the area of personnel and human resources; and
WHEREAS, the City is authorized and empowered to employ consultants and
specialists in the performance of its duties and functions.
NOW, THEREFORE, the City Council of the City of Seal Beach does hereby
resolve:
Section 1. Approves the agreement for as needed Personnel/Human Resources
Investigative Services with Norman A. Traub Associates and directs the City
Manager to execute the agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 11th day of Mav , 2009 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5868 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 regular meeting thereof held on the 11th day
of Mav , 2009.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Norman A. Traub Associates
5409 Via Fonte
Yorba Linda, California 92886-5006
(714) 693-3428
Fax (714) 200-0310
This Professional Service Agreement ("Agreement") is made as of May 1, 2009 (the
"Effective Date"), by and between Norman A. Traub Associates ("CONSULTANT"), a
California corporation, and the City of Seal Beach ("City"), a California charter city,
(collectively, "the Parties").
1024341.2
In consideration of the Parties' performance of the promises, covenants, and conditions
stated herein, the City and CONSULTANT agree as follows:
1. Scope of Services.
In accordance with CONSULTANT's proposal ("Proposal") dated April 25, 2009,
CONSULTANT shall provide confidential investigative services ("Services") in a timely,
professional and workman-like manner in compliance with all applicable federal, state
and local laws, and according to the standards and ethics in the industry as established by
the California Secretary of State, Department of Consumer Affairs, Bureau of
Investigative Services. The Services shall include conducting afact-finding investigation.
CONSULTANT shall update City on a weekly basis as to the progress of the
investigation. Upon conclusion of the investigation, CONSULTANT shall provide the
City a confidential written report detailing the findings of the investigation. The Proposal
is attached hereto as Exhibit A and incorporated by this reference. To the extent that
there is any conflict between Exhibit A and this Agreement, this Agreement controls.
2. Schedules and Deadlines.
CONSULTANT shall meet any schedules and deadlines established by the City.
3. Independent Contractor.
CONSULTANT will determine the means, methods and details of performing the
Services subject to the requirements of this Agreement. City retains CONSULTANT on
an independent contractor basis and not as an employee. CONSULTANT retains the
right to perform similar or different services for others during the term of this Agreement,
provided such work does not conflict or interfere with CONSULTANT'S obligations
under this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of CONSULTANT are not employees of City and shall at all times
be under CONSULTANT's exclusive direction and control. CONSULTANT shall pay
all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. CONSULTANT
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
4. Designated Representative.
The City hereby designates the City Manager to act as its representative ("City's
Representative"). CONSULTANT hereby designates Ed McErlain to act as its
representative. However, CONSULTANT may designate another representative with
prior CITY approval.
1024341.2 2
5. Compensation.
A. General Services. City shall pay CONSULTANT at the rate of $130.00 per
hour for all general services rendered.
B. Testimony. In the event the City requires CONSULTANT to attend and provide
testimony at a post-investigative hearing, deposition or trial, City shall pay
CONSULTANT a flat fee of $1000.00 for the first four hours of such attendance and
testimony, plus $250.00 per hour for any such services rendered in excess of four hours.
C. Expenses. City shall reimburse CONSULTANT for reasonable and necessary
expenses incurred in connection with his performance of the Services for the City. The
CONSULTANT will not charge for mileage to and from the City. However, in the event
the CONSULTANT is required to travel more than 30 miles away from the City in
connection with the Services, City will reimburse CONSULTANT at the Internal
Revenue Service rate in effect at the time the travel is incurred for mileage exceeding 30
miles on any given day. If the City Manager has provided his prior, written approval,
City will also reimburse CONSULTANT for any extraordinary costs incurred by
CONSULTANT (e.g., airfare, hotels, rental cars, database searches).
D. Billing. CONSULTANT shall submit to City a monthly itemized statement that
indicates work performed and hours of services rendered.
6. Indemnity.
CONSULTANT shall indemnify and hold the City, its officials, officers, employees,
volunteers and agents (collectively "Indemnitees") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any acts, omissions or willful misconduct of CONSULTANT, its
officials, officers, employees, agents, and contractors arising out of or in connection with
the performance of the services or this Agreement, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. CONSULTANT shall defend, at CONSULTANT's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that
may be brought or instituted against Indemnitees. CONSULTANT shall pay and satisfy
any judgment, award or decree that may be rendered against Indemnitees in any such suit,
action or other legal proceeding. CONSULTANT shall reimburse Indemnitees, for any
and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by CONSULTANT or
Indemnitees.
1024341.2 3
7. Notices.
All notices shall be in writing and shall be considered effective when deposited in the
U.S. mail and addressed to the appropriate party at the address noted below:
Address: Norman A. Traub Associates
5409 Via Fonte
Yorba Linda, California 92886-5006
Address: City of Seal Beach
City Manager's Office
211 - 8th Street
Seal Beach, California 90740-6305
8. Insurance.
CONSULTANT shall, at its expense, procure and maintain for the duration of the
Agreement the following insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Agreement,
by CONSULTANT, its agents, representatives, or employees, and provide to the City a
certificate of insurance documenting the following insurance:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property
damage; and
(3) Workers' Compensation and Employer's Liability: Workers' compensation
limits as required by the Labor Code of the State of California.
All insurance required by this Section shall contain standard separation of insureds
provisions and name the City as an additional insured. In addition, such insurance shall
not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents and volunteers. Any deductibles or self-
insured retentions must be declared to and approved by the City.
9. Confidentiality.
No information regarding the investigation will be disclosed to anyone other than the
City Representative. CONSULTANT shall not, without the prior written consent of City,
use such materials for any purposes other than the performance of the Services.
CONSULTANT shall not use City's name or insignia, photographs of City property or
facilities, or any publicity pertaining to the Services in any magazine, trade paper,
newspaper, television or radio production or other similar medium.
1024341.2 4
May 04 09 03.49p Norm Traub 7142000310 p.1
10. Assignment
CONSULTANT shall not assign, hypothecate, or transfer, either directly ar by operation
of law, this Agreement or any interest herein without the prior written consent of the
City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
11. Entire Agreement & Modification.
This Agreement shall constitute the entire Agreement between the parties with respect to
the subject matter hereof, supersede all prior or contemporaneous Agreements or
communications (oral or written), and may not be modified except by a Agreement in
writing dated subsequent to the Effective Date and signed on behalf of both parties by
their respective authorized representatives.
12. Applicable Law.
The contracting parties agree that any adjudication of this Agreement will be determined
according to the laws of the State of California.
13. Termination.
Either part}' may terminate this Agreement with or without cause by providing notice at
least 30 days prior to the effective date of termination.
14. Attorneys' Fees.
if either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in
such litigatioa shall be entitled to have and recover from the losing Party all of its
attorney's fees and other costs incurred in connection with such action.
A. Traub Associates City of Seal Beach
by Norm A. Traub, President
Dated: ~~ ~~ ~ 9
Approved as to Form:
By:
Quinn Barrow, City Attorney
by City Manager Da~zd Carmany
Dated:
Attest:
B v:
Linda Devine, City Clerk
IU24341.2