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HomeMy WebLinkAboutC-2872(A) - Executive Search Services for Police ChiefCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 ctlol ;4 q Z �ywC C T0: FINANCE DIRECTOR �/ ! - / - / FROM: CITY CLERK DATE: February 9, 1993 SUBJECT: Contract No. C- 2872(A) Description of Contract Professional Services Agreement (for Police Chief Executive Search Services) Effective date of Contract February 9, 1993 Authorized by Minute Action, approved on February 8, 1993 Contract with Ralph Andersen & Associates Address 1446 Ethan Way, Suite 101 Sacramento CA 95825 Amount of Contract (See Agreement) "W� cf� Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach City -`t Newport Beach* NO. BA- 021 City --%f AMENDMENT 1992 -93 AMOUNT: S13,tx)o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Budget Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations RX from unappropriated surplus fund balance 12 —Z JL EXPLANATION: Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No e This budget amendment is requested to provide for the following: To Appropriate $13,000 for professional services in connection with the recruitment for the Chief of Police. Professional services will be rendered by Ralf Andersen & Associates and paid for from the Personnel, Services Prof Tech Budget. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 3605 REVENUE APPROPRIATIONS (3601) Fund Account 010 5901 Description Budget Fund Balance Control Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 0400 Personnel Account Number 8080 Professional Technical Services Division Number Project Number Division Number Account Number Project Number Signed: Signed: Signed: Director City Manager City Council Approval: City Clerk Amount Debit Credit $13,000.00 Automa6'c Da e D e Date � (A • PROFESSIONAL SERVICES AGREEMENT zY72- (f/) This Agreement is made by and between the City of Newport Beach ( "the City "), and Ralph Andersen & Associates ( "the Consultant "). 1. Project Enggpement. The City agrees to engage the Consultant to perform those services described below, for completion of the project described as follows: Police Chief Recruitment Services (the "Project "). 2. Services. The Consultant agrees to perform certain services necessary for completion of the Project, which services shall include, without limitation, the following: a. Define recruitment process b. Conduct position analysis c. Confirm recruitment process d. Plan and execute advertising campaign e. Undertake candidate sourcing and outreach L Acknowledge and screen resumes g. Conduct screening interviews with potential finalists h. Complete detailed professional reference evaluations i. Prepare and present recruitment report j. Coordinate and confirm final qualifications appraisal and testing k. Provide final interview assistance 1. Presentation of candidates m. Complete follow -up correspondence. A complete description of the services to be provided are contained in a proposal from the Consultant to the City, dated January 14, 1993, which is incorporated herein by reference. 3. Relationship. The Consultant is an independent contractor and is not to be considered an agent or employee of the City. s Fthnn Way. Suite 101 Oncrnm Pnto CA C19825 L-016) 929-5575 :.. ioi Rl mo_omc 0 Professional Services Agreement Police Chief Recruitment Services Page 2 f 4. Compensation. As full compensation for the Consultant's professional services performed hereunder, the City shall pay the Consultant the fixed amount of $9,500 (Nine Thousand Five Hundred Dollars) ( "professional services fee "). 5. Fxpense Reimbursement. The Consultant shall be entitled for the reimbursement of expenses from the City for such expenses as advertising, travel, printing and binding, postage and delivery, and clerical and long - distance telephone charges. The Consultant shall provide the City with a listing of expenses by category of expense as a part of monthly billings. Expense reimbursement shall not exceed $3,500 (Three Thousand Five Hundred) dollars without the prior written approval of the City. 6. Compensation for Additional Services. In the event the City requires services in addition to those described in Paragraph 2, the Consultant shall be compensated at the Consultant's standard hourly rates for professional services, plus reimbursement of expenses. 7. Method of Payment. Progress payment of the Consultant's professional services fee shall be made on a monthly basis by the City upon receipt of billings from the Consultant. 8. Term. The term of this agreement shall commence on February 3, 1993, at which time the Consultant shall begin work on the Project and shall continue, subject to the termination provisions of Paragraph 9, until the date that the Consultant completes the Project. The time of completion of the Project is estimated to be 12 (Twelve) weeks. 9. Termination. This agreement may be terminated: (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional service fees and for expense reimbursement to the date of termination. Professional Services Agreement Police Chief Recruitment Services Page 3 10. Insurance The Consultant shall maintain in force during the term of the agreement, Comprehensive General Liability Insurance with the Extended Liability Endorsement, including Personal Injury; Commercial Umbrella Liability; Automobile Liability Insurance, including Non -Owned and Hired Liability; and Workers' Compensation and Employers' Liability Insurance. Such insurance shall be in amounts reasonably satisfactory to the City. 11. Hold Harmless. The Consultant shall be responsible for its acts of negligence, and the City shall be responsible for its acts of negligence. The Consultant agrees to indemnify and hold the City harmless from any and all claims, demands, actions and causes of action to the extent caused by the negligent acts of the Consultant, its officers, agents and employees, by reason of the performance of this agreement. This indemnity shall not be construed to require indemnification of others. 12. Miscellaneous. a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. C. This agreement shall be modified only by a written agreement duly executed by the City and the Consultant. d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e. This agreement shall be governed by and construed in accordance with the laws of the State of California. f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such 11 Professional Services Agreement Police Chief Recruitment Services Page 4 0 party's address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. APPROVED: Dated: ` /J 1993 RALPH ANDERSEN & ASSOCIATES By Title��CEU 1446 Ethan Way, Suite 101 Sacramento, California 95825 Dated: /9 1993 CITY OF NEWPORT BEACH By Title 3300 Newport Boulev6rd Newport Beach, California 92663 RAA /41591 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 6, 1991 (714) 6443005 SUBJECT: Contract No. C -2872 Description of Contract Professional Services Agreement: Executive Search Services Effective date of Contract August 8 1991 Authorized by Minute Action, approved on July 22, 1991 Contract with James W. Morrison, Senior Vice President Address Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento CA 95825 Amount of Contract (See Agreement) Z�" 4�q 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach TO: 40.16UF SUBJ: F3(a) CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM July 17, 1991 Mayor and Members of the City Council Robert H. Burnham Professional Services Agreement; C —2,�7Z Executive Search Services 7 7 1991 I have attached a copy of a proposed contract between the City and Ralph Andersen regarding the search for a new City Manager. The Agreement calls for a flat fee of $13,500.00 for professional services. The City is required to reimburse the Consultant for out -of- pocket expenses with City Manager review and approval required if total expenses exceed $6,000.00. Recommendation: It is recommended the City Council authorize the Mayor and City Clerk to execute the proposed Professional Services Agreement. Robert H. Burnham City Attorney RHB:kmc ov E E PROFESSIONAL SERVICES AGREEMENT EXECUTIVE SEARCH SERVICES 0 - 7 ,F,7L THIS AGREEMENT is made by and between the CITY OF NEWPORT BEACH ( "the City "), and RALPH ANDERSEN & ASSOCIATES ( "the Consultant "). 1. Search Engagement. The City agrees to engage the Consultant to perform those services described below, for completion of the project described as follows: City Manager Executive Search Services ( "the Search "). 2. Services. The Consultant agrees to perform certain services necessary for the completion of the Search, which services shall include, without limitation, the following: a. Position Analysis b. Advertising Campaign C. Candidate Identification d. Resume Review and Screening e. Reference Checks f. Preliminary Interviews g. Detailed Background Checks h. Recruitment Report i. Client /Finalist Interviews j. Final Interview Assistance k. Follow -up Correspondence A complete description of contained in a proposal from the 27., 1991, which is incorporated the services to be provided are Consultant to the City, dated June herein by reference. Relationship. The Consultant is an independent contractor and is not to be considered an agent or employee of the City. 4. Compensation. As full compensation for the Consultant's professional services performed hereunder, the City shall pay the Consultant the fixed amount of $13,500 (Thirteen Thousand Five Hundred Dollars) ( "Professional Services Fee "). 5. Expense Reimbursement. The Consultant shall be entitled for the reimbursement of expenses from the City for such expenses as travel, printing and binding, postage and delivery, and clerical and long- distance telephone charges. The Consultant shall provide the City with a listing of expenses by category of expense as a part of monthly billings. Expense reimbursement in excess of $6,000.00 (Six Thousand Dollars) total requires City Manager review and approval. 6. Compensation for Additional Services. In the event the City requires services in addition to those described in Paragraph 0 0 2, the Consultant shall be compensated at the Consultant's standard hourly rates for professional services, plus reimbursement of expenses. 7. Method of Payment. Progress payment of the Consultant's Professional Services Fee shall be made on a monthly basis by Vie City upon receipt of billings from the Consultant. (� 8. Term. The term of this Agreement shall commence on at which time the Consultant shall begin work on th Sea ch and shall continue, subject to the termination provisions of Paragraph 9, until the date that the Consultant completes the Search. The time of completion of the Search is estimated to be 60 to 90 days (sixty to ninety) from project initiation as described in Paragraph 2(a). 9. Termination. This Agreement may be terminated: (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 (ten) days' prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for Professional Service Fees and for expense reimbursement to the date of termination based upon Consultant's standard hourly rates provided, however, fees for services shall not exceed the amount specified in Paragraph 4. 10. Insurance. The Consultant shall maintain in force during the term of the Agreement, Comprehensive General Liability Insurance with the Extended Liability Endorsement, including Personal Injury, Commercial Umbrella Liability, Automobile Liability Insurance, including Non -Owned and Hired Liability, and Worker's Compensation and Employers' Liability Insurance. Such insurance shall be in amounts reasonably satisfactory to the City. 11. Hold Harmless. The Consultant shall be responsible for its acts of negligence, and the city shall be responsible for its acts of negligence. The Consultant agrees to indemnify and hold the City harmless from any and all claims, demands, actions and causes of action to the extent caused by the negligent acts of the Consultant, its officers, agents and employees, by reason of the performance of this Agreement. This indemnity shall not be construed to require indemnification of others. 12. Miscellaneous. a. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. 2 • 0 b. Neither this Agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. C. This Agreement shall be modified only by a written agreement duly executed by the City and the Consultant. d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e. This Agreement shall be governed by and construed in accordance with the laws of the State of California. f. All notices required or permitted under this Agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party's address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. APPROVED: Dated: 1991 Dated: 1991 ATTEST: i kmc /prfsvcs.agt 3 RALPH ANDERSEN & ASSOCIATES By Ti Ethan Way, Suite 101 mento, California 95825 CITY OF NEWPORT BEACH By, Title ^�- a -y.- -- 3300 Newport Boulevard Newport Beach, California 92659 i • (A 0 R a I p h A n d e r s e n 8 A s s o c i a t e s August 1, 1991 Mr. Robert H. Burnham City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, California 92659 -1768 Dear Mr. Burnham: ,1 �p RECEI tl ED AUG 5 1991 CITY ATTORNEY CITY OF NEWPORT BEACH Enclosed are two executed copies of the revised Professional Services Agreement related to the City Manager Executive Recruitment Services Ralph Andersen & Associates will provide the City. I took the liberty of inserting August 8, 1991 as the project commencement date in Section 8 of the agreement. This is the date that I will start to meet with members of the City Council to develop a profile for the position. Please ask the City Clerk to return a copy of the document to me after it has been signed. Thank you for your assistance in this matter. f James W. Morrison Senior Vice President Enclosure S a c r a m e n t o • D a I I a s N e w p o r t B e a c h