HomeMy WebLinkAbout04773 - DMG MAXIMUS AIRPORT DIRECTOR AVIATION RECRUITMENT Maximus, Inc
Dir of Aviation Recruitment
CITY OF PALM SPRINGS AGREEMENT #4773
CM signed 9-23-03
CONTRACT SERVICES AGREEMENT FOR
Executive Recruitment Services for Director of Aviation
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered
into this 15`h day of August, 2003, by and between the CITY OF PALM SPRINGS, a municipal
corporation (herein "City") and Maximus, Inc. (herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor
warrants that all work and services set forth in the Scope of Services will be performed in a
competent and professional manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of
the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions in Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Twenty-Five Thousand Dollars ($25,000.00) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, in any month in which Contractor wishes to receive payment, no later
than the tenth (101h) day of such month, Contractor shall submit to the City in the form approved
by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. City shall pay Contractor for all expenses stated thereon which are approved by City
pursuant to this Agreement no later than the last working day of the month.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Norm Roberts and Eric Middleton are
hereby designated as being the principal and representative of Contractor authorized to act in
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0,`;'sECl1'd''aLL BID
its behalf with respect to the work and services specified herein and make all decisions in
connection therewith. Contractor reserves the right to change such principal and representatives
at its discretion after receiving written approval from the City.
3.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, by either party without the
prior written approval of the other. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth. Contractor
shall perform all services required herein as an independent contractor of City and shall remain
under only such obligations as are consistent with that role. 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.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit
of at least $1,000,000 bodily injury and property damage including coverages for
contractual liability, personal injury, independent contractors, broad form property
damage, products and completed operations. The Commercial General Liability Policy
shall name the City of Palm Springs as an additional insured in accordance with
standard ISO additional insured endorsement form CG2010(1185) or equivalent
language.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000 employer's
liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the
amount of$1,000,000 bodily injury and property damage. Said policy shall include
coverage for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit B.
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All of the above policies of insurance shall be primary insurance. (Reference Section 4.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may
have against the City, its officers, employees and agents, and their respective insurers. In the
event any of said policies of insurance are canceled, the Contractor shall, prior to the
cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the
Contract Officer. No work or services under this Agreement shall commence until the
Contractor has provided the City with Certificates of Insurance, endorsements or appropriate
insurance binders evidencing the above insurance coverages and said Certificates of Insurance,
endorsements or binders are approved by the City.
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same polices of insurance that the Contractor is
required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, including paying any legal costs, attorneys' fees, or
paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any
person, firm or entity arising out of the negligent performance of the work or services of
Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising
from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, but excluding such claims or liabilities to the extent caused by the negligence or
willful misconduct of the City.
4.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bond shall be unconditional and remain in force
during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement.
4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "A" or better in the most recent edition of Best's Key Rating Guide or in the
Federal Register, unless such requirements are waived by the City Manager or designee of the
City Manager due to unique circumstances. In the event the City Manager determines that the
work or services to be performed under this Agreement creates an increased or decreased risk
of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and
the performance bond required by this Section 4 may be changed accordingly upon receipt of
written notice from the City Manager or designee; provided that the Contractor shall have the
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right to appeal a determination of increased coverage by the City Manager to the City Council of
City within ten (10) days of receipt of notice from the City Manager.
5.0 TERM
5.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
5.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D", if any, and incorporated herein by this reference. When requested by the
Contractor, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days
cumulatively. City shall not unreasonably deny any such request for extension.
5.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without
the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental
agency, including the City, if the Contractor shall within ten (10) days of the commencement of
such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer
shall ascertain the facts and the extent of delay, and extend the time for performing the services
for the period of the enforced delay when and if in the reasonable judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and conclusive
upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages
against the City for any delay in the performance of this Agreement, however caused,
Contractor's sole remedy being extension of the Agreement pursuant to this Section.
5.4 Term. Unless earlier terminated in accordance with Section 6.6 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding One Hundred Twenty (120) days from the date hereof, except as otherwise
provided in the Schedule of Performance (Exhibit "D").
6.0 ENFORCEMENT OF AGREEMENT
6.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county. Contractor covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
6.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party, in writing, of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an
immediate danger to the health, safety and general welfare, such immediate action may be
necessary. Compliance with the provisions of this Section shall be a condition precedent to
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termination of this Agreement for cause and to any legal action, and such compliance shall not
be a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit City's or the Contractor's right to terminate this
Agreement without cause pursuant to Section 6.6.
6.3 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
6.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by the other party.
6.5 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
6.6 Termination Prior to Expiration Of Term. Subject to Section 6.2, this
Section shall govern any termination of this Agreement except as specifically provided in the
following Section for termination for cause. The City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60)
days written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Contractor may determine. Upon receipt of
any notice of termination, Contractor shall immediately cease all services hereunder except as
may be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to
the effective date of the notice of termination and for any services authorized by the Contract
Officer thereafter in accordance with the Schedule of Compensation or as may be approved by
the Contract Officer, except as provided in Section 6.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of
the work product actually produced hereunder. In the event of termination without cause
pursuant to this Section, the terminating party need not provide the non-terminating party with
the opportunity to cure pursuant to Section 6.2.
6.7 Termination for Default of Contractor. If termination is due to the failure of
the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 6.2, take over the work and prosecute the same to completion by contract
or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that the
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to the Contractor for the purpose of set-off or partial payment of the amounts owed
the City as previously stated.
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6.8 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's
fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on commencement of such
action and shall be enforceable whether or not such action is prosecuted to judgment.
7.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that
it has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement.
7.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin, or ancestry.
8.0 MISCELLANEOUS PROVISIONS
8.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
8.3 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
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understandings, if any, between the parties, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
8.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
8.5 Corporate Authority; The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
[SIGNATURE BLOCK ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above
CITY OF PALM SPRINGS
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City Clerk C f r ager
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APPROVED AS TO FORM:
BY Cit& ey
CONTRACTOR: Check one:_Individual_Partnership KCorporation
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Signature (notarized) Signa urre'' (notarized)
Name: non T Brown Name: livid ry-a Vl Li S
Title: Divisic)n PrPsidPnt Title: SC.0 MIA fN
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following: Chairman of the Board,President one of the following:Secretary,Chief Financial Officer or
or any Vice President) any Assistant Treasurer)
State of__JD_lyl� = Stateof ✓1141414 s
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lalowrr to me (or proved to me on the basis of satisfactory known to me (or proved to me on the basis of satisfactory
evidence)to be the persons)whose name(s)is/are subscribed evidence)to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that to the within instrument and acknowledged to me that
Ire/she/they executed the same in Iris/her/their authorized he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures) oil the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary yp ,z_� 1 .,f Notary
Signature: G'CCc.2�,�!=,�.e^_^, f `'.`�'C;F.�^ Signature:
Notary Seal: Notary Seal:
In and for the State of Ohio
My Commission Expires Feb.25,2008
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Maximus, Inc.
11419 Sunset Hills Rd., Reston, VA 20190
EXHIBIT"A"
SCOPE OF WORK
Contractor is to provide the following executive recruitment services for the Director of Aviation
position for the City of Palm Springs.
Organizational 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 and review relevant updated information about the City and the City's Airport,
such as budgets, organization charts, etc.
Submit a Recruitment Profile with the desired qualifications and characteristics for City
approval. The Recruitment Profile sent to the potential candidates will include
information about the City, the Department, the job and the criteria established by the
City.
Conduct an informal salary survey of surrounding and like cities for positions having a
similar scope of responsibilities as the City's Director of Aviation position.
Recruitment
Contractor shall utilize it's experience, contacts and file data to actively seek out, on a
statewide basis, individuals with Superior qualifications and invite and encourage their
interest in the City's Director of Aviation position.
There will be no discrimination against any applicant for employment on the basis of
race, religion, creed, age, color, marital status, sex, sexual preference, disability, medical
condition, veteran status or national origin.
Preliminary Screening
Review, acknowledge and evaluate all resumes received. Preliminary screening will be
based upon criteria contained in the Recruitment Profile, information contained in the
resumes submitted and knowledge of the people and organizations in which they work.
Telephone screening will be conducted with the most promising candidates to gain a
better understanding of their backgrounds.
Progress Reporting
Upon completion of the preliminary screening, assemble and submit a progress report of
the leading candidates to the City. The report will include summary resumes,
supplemental information and the original resumes of those candidates believed to be
best qualified for the position. Supplemental information on a candidate typically
includes: the size of the organization for which the person works, reporting relationships,
budget responsibility, the number of people supervised, related experience and reasons
for interest in the position. Any other specific information will be dictated by the criteria
set forth in the Recruitment Profile.
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The purpose of the progress report is to allow the City an opportunity to review the
candidates prior to the conclusion of the search and allows feedback on the caliber of
the candidates recruited.
Candidate Evaluation
Interview (either in person or via video-conference) those candidates whose
qualifications most closely match the criteria established by the City. Examine
candidate's qualifications and achievements in view of the selection criteria. Verify
degrees and certifications and gather newspaper articles via the Internet.
Conduct telephone reference checks by speaking directly with individuals who are, or
have been, in a position to evaluate the candidate's performance on the job. Conduct
preliminary references on candidates to be interviewed and finalize for the top one or
two candidates.
Final Reporting and Client Interviews
Assist in scheduling final candidates for interviews with the City and send candidates
packets of information obtained from the City.
Prepare a brief written report for candidates most nearly meeting the City's
specifications, provide interviewing/selection tips, suggest interview questions, and
rating forms for use by the City. Conduct a "briefing session" immediately preceding the
interviews to ensure that the process flows smoothly and assist the City in a "debriefing"
immediately following the interviews. Conduct credit/criminal/civil litigation/motor vehicle
record checks on final candidates and provide supplemental written report.
Additional Assistance
Additional services to be provided include:
• Arranging the schedule of interviews and the associated logistics for final candidates;
• Providing advice on starting salary, fringe benefits, relocation trends and employment
packages;
• Acting as a liaison between the City and the candidate in discussing offers and counter
offers.
• Conducting a final round of reference checking with current employers; and
• Notifying unsuccessful candidates, who were not recommended for interview of the
decision.
Tasks that the City will perform in conjunction with the efforts of the Contractor include:
• Inform Contractor about matters relevant to the search that should be kept confidential.
• Provide the Contractor with names of people the City has previously interviewed and/or
considered for this position.
• Provide Contractor with copies of resumes the City receives in this effort.
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EXHIBIT °C"
SCHEDULE OF COMPENSATION
Total compensation for all services and expenses shall not exceed $25,000.00.
Compensation for the services to be provided shall be a $17,500 flat fee for recruitment services
with a $7,500.00 allowance for reimbursable expenses for a nationwide search.
Contractor shall submit invoices to the City and City shall pay Contractor pursuant to Section
2.2 of this Agreement. Contractor agrees to work with City until its services culminate in
recruiting, for full-time employment at the City, a Director of Aviation that meets the City's
approval and qualifications. Pursuant to such agreement, Contractor specifically acknowledges
and agrees that should it fail to find a candidate for Director of Aviation that meets the
qualifications and approval of the City within the Term or within the contract sum set forth at
Section 2.1, or should any candidate referred by Contractor and approved by the City leave the
City's employ within six (6) months of the date of hire, Contractor agrees to perform a new
search, at no additional fee to the City, to recruit a candidate for Director of Aviation meeting the
approval and qualifications of the City. Any expenses incurred by Contractor in performing a
new search shall be payable to Contractor, subject to the terms set forth immediately below,
except that such new search shall be subject to a new cap of Seven Thousand Five Hundred
Dollars ($7,500).
Expenses: Within the time set forth at Section 2.2, City shall reimburse Contractor the actual
and allocated expenses incurred by Contractor for travel, advertising, sourcing, background
checks, printing, photocopying, postage and delivery, and telephone charges incurred in
connection with the services provided by it under this Agreement in an amount not to exceed
Seven Thousand Five Hundred Dollars ($7,500)for a nationwide search, provided Contractor
first submits an invoice specifically and adequately describing each expense and the City
approves such expense in its sole discretion. Contractor shall be required to produce to City,
upon City's request therefor, any receipt or other evidence of expenses listed in any invoice
provided by Contractor to City.
Additional Services: In the event the City requires services in addition to those set forth in this
Agreement, Contractor shall be compensated, pursuant to invoices delivered to City in
accordance with Section 2.2 of this Agreement, at a rate to be negotiated by, and subject to the
approval of, the parties, plus expenses, as set forth in this Exhibit "C". In the event that City
hires, within one (1) year of the completion of Contractor's services, any candidate identified as
a result of Contractor's recruitment services hereunder for any position other than Director of
Aviation, the City agrees to pay Contractor a fee of Seven Thousand Five Hundred Dollars
($7,500) for each candidate hired, provided, however, that City had not identified such
candidate prior to receiving information of that candidate from Contractor. For purposes of this
paragraph, "candidate" is defined to include any and all individuals about whom information of
any sort was provided by Contractor in writing to the City in the course of Contractor's services
under the Agreement. The parties agree that the obligations set forth in this paragraph shall
survive the termination of this Agreement.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Time is of the essence of this agreement. CONTRACTOR shall perform all services hereunder
as expeditiously as is consistent with professional skill and care, as well as the orderly progress
of the Project work so as not to be the cause, in whole or in part, of delays in the completion of
the Project or in the achievement of any Project milestones, as provided herein. Specifically,
CONTRACTOR shall perform its Services so as to allow for the full and adequate completion of
the Project within One Hundred and Twenty (120) days of receipt of a notice to proceed. If at
any time it appears that the project cannot be completed by the date specified, CONTRACTOR
shall notify CITY of that fact and provide an estimate of the time when the project will be
completed. If CONTRACTOR has been the sole source of delay, and if completion of the
project would be expedited by use of other or additional consulting services, CITY may use the
retained amounts for the purpose and shall be relieved of paying such retention to
CONTRACTOR. If the CONTRACTOR's work is not satisfactory, CITY has the right to take
appropriate action, including but not limited to: (1) meeting with the CONTRACTOR to review
the quality of the work and resolve matters of concern; (2) requiring the CONTRACTOR to
perform the work at no additional fee until it is satisfactory to a reasonable standard; (3)
suspending the delivery of further work to the CONTRACTOR for an indefinite time; or (4)
terminating the Agreement as set forth in Section 6.7.
Project Schedule
Contractor proposes the following schedule:
Week 1 Meet with City staff to discuss recruitment and gather background
information on position.
Week 2—4 Develop and obtain approval for the recruitment profile. Develop a list of
potential candidates to target. Prepare and place advertisement, if
desired.
Week 5 — 8 Active recruitment—solicit, receive and acknowledge resumes.
Week 9 Evaluate resumes and gather supplemental information.
Week 10 Submit progress report and meet with City to review candidates.
Week 11 — 12 Verify degrees and certifications. Conduct preliminary references and
interview candidates.
Week 13 Submit final report and initiate interview process with City.
Week 14-16 City interviews selected candidates and makes final decision.
-13-
07110103
,RGDucEe THIS CERTIFIOATE IS
ISSUED AS A MATTER OF INFORMATION
CONFERSMARSH USA INC. ONLY AND NO RIGHTS UPON THE CERTIFICATE
CERTIFICATE DOES NOT AMEND, EXTEND OR
SUITE q00 ALTER THE r AFFORDED BY THE POLICIES BELOW.
Nirs AFFORDING COVERAGE
COMPANY
500625-OPRDF A FEDERAL INSURANCE CO IONLY.
COMPANY
NAAXIVUS, INC.,AND ALLSURSIDIARIES B ATLANTIC MUTUAL INSURANCE COMPANY
11419 SUNSET HILLS ROAD
RFSTON, VA 20190 COMPANY
C EXECUTIVE RISKSPECIALTY INS Co
COMPANY
41YE D Q" t,",.",,.?!. '"T —
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTNTHSTANDING 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 CONDITCNS OF SUCH POLICIES AGGREGATE LIMITS SH04N MAY HAVE BEEN REDUCED BYPAID CLAIMS.
COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTRDATE jMMiDD") DATE(MMIDDfYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
X COMIIERCIAL GENERAL LI ABILITY 3537-42-97 34/OV03 04101104 PRODUCTS-COMP/OP AGG $ 2,000,000
CLAMSMIN)E IX]OCCUR PERSONA_4 AOV INJURY 1,000,000
OkA,%ER S&OONTRACTOR'SPROT I EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE $ 1,000,000
MED EXF(Anym.per.m) $ 10'000
AU OMOBILELIABILITY COMBINED SNQUE LIMIT $ 1,000,000
A Arvy AUTO 74978992(AOS) 04101 M3 04/0110A
A x ALL 01 AUTO. 74978993(TX) 04101103 04/01I04 BODILY INJURY $
A SCHEDULED AUTOS 74978994(VA) 04101103 04101/04 Pupersm)
X HIRED AIJ70S RODILYINJURY $
�i X NON.OkqN5D AUTOS, (Pa amd.t)
PROP-RTYDAMASE $
�GARAGE LIABILITY _AUTO ONLY-EA ACCIDENT
i
ANY PU70 OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE $ 6,000p000
;A UMBRELLA FORM 7977-OS-65 04toll03 04101104 AGGREGATE $ 5'000,000
N OTHER THAN UMBRELLA FORM $
EMPLOYERS'LIABILITY K I WO STATIJ- OTRH UY TS e
TORYUMITS ER 'I'll",nw „k
400-63-13-82 (01R.W) 04/01103 04/01/04 EACH ACCIDENT $ 1 000,000
THE PROPRET0511
?ARTNr=R�FXECUTIVF INCL 400-53-13-83 (ADS) 04/01103 04101104 DISEASE-POLICY LIMIT
OFFICERS ffir EXCL DISEASE-EACH EMPLOYEE
iUIKImK
PROFESSIONAL LIAR 8165-7146 05/01104 1,00()'000
i,ESCRIPTION OF OF ERATIONSILOCAT(ONSIVEHICLE&SPECIAL ITEMS
CITY OF PALM SPRINGS IS INCLUDED AS AN ADDITIONAL INSURED WITH REGARD TO GENERAL LIABILITY AS REQUIRED BY CONTRACT WITH
I HE NAMED INSURED
NCE.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL
CITY OF PALM SPRINGS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT,
ATTN: PATRICIA A.SANDERS
0 FFICE OF THE CITY CLERK BUT FAILURE TO MAIL SUCH N0710E SHALL IMPOSE NO OBLIGATION OR LIADIIJTYOF
P D. BOX 2743 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
PALM SPRINGS,CA 92263-2743 1AINC.
Ttmothy M.Sasser
l6c"
gal
641
MARSH USA INC
I 25E 23rd STREET, NW
S LITE 400 E
TUASHINGTON, DC 20037
A,ttn PATTY MUNIZ 2022637600 GoMpffiy
IF
3 00625-OPROF-ONLY-
NMAXIMUS, INC.,AND ALL SUBSIDIARIES
1 1419 SUNSET HILLS ROAD
FZESTON,VA 20190
H
INSURED: MAXIMUS,INC.AND ALL SUBSIDIARIES
POLICY NUMBER,3537-42-97 COMMERCIAL GENERAL LIABILITY CGL FORM#80 02 2305(EQUIVALENT TO CGL FORM#CG 20 In 03 97)
EFFECTIVIElEXPIRATION DATES 411103-4/1/04
NAME OF COMPANY: FEDERAL INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ ITCAREFULLY
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS.SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF PALM SPRINGS,ITS CITY COUNCIL,COMMISSIONS,OFFICERS AND EMPLOYEES
(Ifnoentry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement
Who Is An Insured(Section 11)s amended to indudeasan insured the person or organization shown in the Schedule,but only with respect to liability arising
out of your ongoing operations performed for that insured
The coverage provided by this endorsement is primary insurance over any other insurance.
CITY OF PALM SPRINGS
ATTN PATRICIA A. SANDERS
OFFICE OF THE CITY CLERK
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Timothy M Sasser