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HomeMy WebLinkAbout*AGMT - Shannon Associates Inc. • 01r16/1996 21:56_ 4939857 �� CITY OF SEAL BEA PAGE 02 " • '. Illo to v cro tr)le.:, . eezy »'2 za9C4. ace..e-uazt.4 t.caJ PROFESSIONAL SERVICES AGREEMENT CITY OF SEAL BEACH CITY MANAGER RECRUITMENT A. Services To Be Provided by Contractor: Shannon Associates, Inc. ( "Contractor") agrees to provide the following services to the City of Seal Beach in conjunction with the recruitment of a City Manager: 1. Establish job requirements 2. Prepare recruitment brochure and place advertising 3. Recruit aggressively A. Identify and contact referral sources B. Identify and contact potential candidates 4. Conduct Preliminary Screening A. Conduct the initial resume screening B. Conduct preliminary interviews 5. Prepare a report summarizing the results of the recruitment process and assist the City in the selection of finalists 6. Design the selection process 7. Administer the selection process 8. Perform reference checks B. Compensation: For professional services provided under this Agreement the City of Seal Beach agrees to compensate Shannon Associates, Inc. an amount not to exceed $18,000 plus reimbursement of directly related expenses for such items as travel, advertising, long - distance telephone, printing, and postage / delivery charges. Expenses will be reimbursed at actual cost. Contractor estimates that expenses will be in the $6,000 - $8,000 range. Contractor shall seek and obtain prior written authorization by the City for expenses in excess of $8,000. Professional fees and reimbursable expense will be billed and paid monthly. C. Independent Contractor: Contractor shall perform all services required herein as an Independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner or employer of Contractor in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Contractor. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Contractor nor any of Contractor's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Contractor nor any of its employees shall be paid by City any wage or C:1 My Documents \FORMSIContract - City Manager Recrultment,doc 1 LW109-13 -00 ,,,- , 01/16/1996 21:56 4939857 CITY OF SEAL BE PAGE 03 Contract - City Manager Recruitment Shannon & Associates and City of Seal Beach overtime benefit. City is under no obligation to withhold State and Federal tax deductions from Contractor's compensation. D. Prohibition Against Subcontractlria: Contractor shall not contract with any other entity to perform in whole or In part the services required hereunder without the express written approval of City, E. Insurance: The amounts and levels of insurance required shall be as follows: General Liability (including premises and operations, contractual liability, personal injury, independent contractors liability): One Million Dollars ($1,000,000.00) Single Limit, per occurrence. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. Automobile Liability (including owned, non- owned, and hired autos): One Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury and property damage. Workers compensation and,,, mplover's Liability: One Million Dollars ($1,000,000.00) per occurrence for injuries Incurred in providing services under this Agreement (if Contractor is required to have per the laws of California). F. Indemnification: Contractor shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, claims, demands, judgements, attomey's fees, costs, damage to persons or property, penalties, obligations, expenses or Liabilities that may be asserted or claimed by any person or entity arising out of the acts, errors, or omissions of Contractor, its employees, agents, representatives or subcontractors In the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel; provided, however, that the Contractor shall not be required to indemnify, defend or hold harmless City or City Personnel against claims arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith: A. Contractor shall defend, with Counsel acceptable to City, any action or actions filed in connection with any such claimed damage, injury, penalty, obligation or liability, and shall pay all costs and expenses, including attorney's fees, incurred therewith. B. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such claimed damage, Contract - City Manager !Recruitment 2 . . ' 01/16/1996 21:56 4939857 CITY OF SEAL BE• PAGE 04 Contract - City Manager Recruitment • Shannon & Associates and City of Seal Beach injury, penalty, obligation or liability, Contractor shall defend City and pay to City any and all costs and expenses incurred by City in such action or proceeding, together with reasonable attorney's fees and expert witness fees. This Agreement is effective upon commencement of work and shall continue until all services are completed. CITY OF SEAL BEACH SHANNON ASSOCIATES, INC. i/ NA t. .r�: NAME:c . r/ TITLE: TITLE: f 3 c�► g DATE: 9 - - DO DATE: c l -- a a - a o 6 0 APPROVED AS TO FORM: Contractor Information Richards, Watso & Gershon Address for Notices and Payments: 4 024... 14 - - 44...: Quinn Barrow City Attorney Attn: Telephone Number: FAX Number: Contract - City Manager Recruitment 3 : ACORD CERTIFICA �� OF LIABILITY INSU R�CE o9iisii 00 PRODUCER (916)286 - 5960 FAX THIS CERTIFICATE IS MED AS A MATTER OF INFORMATION Sacramento Valley Ins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Division of PAU (Lic #0132491) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 13792 Sacramento, CA 95853 INSURERS AFFORDING COVERAGE INSURED Shannon Associates Inc INSURERA Hartford Accident and Indemnit 750 University Avenue, Suite 1 INSURERB Sacramento, CA 95825 INSURER C: INSURER D• I INSURER E. COVERAGES 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY 575BAGK255653 08/06/2000 08/06/2001 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 300,000 CLAIMS MADE © OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ Excluded n POLICY n 218T- n LOC AUTOMOBILE LIABILITY 575BAGK255653 08/06/2000 08/06/2001 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY A U T O OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ n OCCUR n CLAIMS MADE AGGREGATE _ $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I ORY LA ITS I Fa EMPLOYERS' LIABILITY E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Evidence of Insurance * *Except 10 Days Notice for Non - Payment of Premium ** CERTIFICATE HOLDER 1 I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Seal Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 211 8th St. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 -S (7/97) © ACORD CORPORATION 1988