01-22-2002 - Extension of Acting Personnel Director Contracti
City of West Covina
• Memorandum
AGENDA
TO: Andrew G. Pasmant, City Manager ITEM NO. K -1
and City Council
DATE January 22, 2002
FROM: Artie A. Fields, Assistant City Manager
SUBJECT: EXTENSION OF ACTING PERSONNEL DIRECTOR CONTRACT
SUMMARY: In September 2001, Kermit Francis was hired as a consultant to serve as the
Acting Personnel Director until a permanent Personnel Director could` be found.
As the recruitment for a new Personnel Director is ongoing, it is necessary to
extend the contract for the Acting Personnel Director for another five months.
DISCUSSION:
In September 2001, Ms. Carol Fox submitted her resignation as Personnel Director for the City
of West Covina. Acting City Manager, Christopher Chung, on behalf of the City of West
Covina, entered into an agreement with Kermit Francis to serve as Acting Personnel Director for
a contract period not to exceed $25,000.
According to City of West Covina's Administrative Policies, the City Manager has the authority
to enter into a contract for professional services, as long as the cost does not exceed $25,000.
The original contract with Mr. Francis was awarded at $50.58/hour, with the condition that the
cost for his services would not exceed $25,000. Since the recruitment for a new Personnel
Director is ongoing, it is anticipated that the City Manager will appoint a candidate 'within the
next few months. The costs for Mr. Francis are approaching the $25,000 threshold and it has
now become necessary to obtain the City Council's approval to extend a contract with Mr.
Francis as the Acting Personnel Director.
It is anticipated that Mr. Francis' services will be needed throughout the remainder of this fiscal
year, at a cost not to exceed an additional $45,000 or until such time that a new' Personnel
Director is hired.
FISCAL IMPACT:
With the Personnel Director vacancy, it is appropriate to pay for Mr. Francis' services out of the
Personnel Department's Full -Time Salaries Account (110-320-2560-5111). No additional
appropriation is needed. Mr. Francis' services will be paid from the salary savings generated by
the Personnel Director vacancy.
The actual fiscal impact will be based upon the appointment date of a new Personnel Director.
RECOMMENDATIONS:
It is recommended that the City Council approve and authorize the City Manager to execute an
extension to the contract with Mr. Francis to serve as the Acting Personnel Director, at a cost not
to exceed $45,000, from January 23, 2002 to June 30, 2002 or until such time that a new
Personnel Director is hired.
Prepared by:
6�;i?:�
Chris Freeland
Administrative Analyst H
by: ,V-
Artie A. Fi f ds
Assistant City Manager
Attachment
•
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into this 23rd day of January 2002, between the
CITY OF WEST COVINA, a Municipal Corporation, hereafter referred to as "City" and Mr.
Kermit Francis, hereinafter referred to as "Consultant."
WITNESSETH:
WHEREAS, the City Personnel Director vacated the position on September 12, 2001: and
WHEREAS, the City desires to retain a consultant to provide management services for the
oversight and administration of the City Personnel office while a recruitment is conducted to fill
the director's position (hereinafter referred to as "Project"); and
WHEREAS, the Consultant has met with the City to discuss the scope of services for said
Project; and
WHEREAS, the Consultant has the necessary skills and qualifications and licenses required by
law to perform the services required under this Agreement in connection with said Project; and
WHEREAS, the City desires to retain the Consultant for services hereinafter described in
connection with said Project; and
NOW, THEREFORE, it is hereby agreed by and between the parties that;
1) DEFINITIONS. As used in this Agreement, the following definitions shall be
applicable:
a. Consultant. Consultant shall mean Kermit Frances, an individual located
at 1220 Oakwood Dr., Arcadia, CA 91006.
b. City. City shall mean the City of West Covina, a Municipal Corporation,
located at 1444 West Garvey Avenue, West Covina, California 91790.
C. City Council. City Council shall mean the City Council of the City of
West Covina.
d. Services. Services shall mean the services to be performed by the
Consultant pursuant to this agreement.
e. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of
the City of West Covina.
1
2) SCOPE OF SERVICES. Consultant agrees to perform for, and furnish to the City
the Management Services described in the proposal attached hereto as Exhibit "A".
3) PAYMENT. Notwithstanding any other provisions of this Agreement, upon
satisfactory completion of the services hereinabove described in "SCOPE OF
SERVICES", the Consultant shall be compensated on a monthly basis, based upon
the actual time spent on the project at the Consultant's standard hourly rate of $50.58,
but in no event shall the total amount paid under this agreement exceed $45,000
4) TIME FOR PERFORMANCE. The Consultant agrees that he shall diligently and
responsibly pursue the performance of the services required of him by this
Agreement.
5) SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The
City may, at any time, suspend, terminate or abandon this Agreement, or any portion
hereof, by serving upon the Consultant at least five (5) days prior written notice.
Upon receipt of said notice, the Consultant shall immediately cease all work under
this Agreement, unless the notice provides otherwise. Within ten (10) days after
service of said notice, the City shall pay the Consultant for the total value of the
services rendered by the Consultant to the date that work is to be ceased pursuant to
this section.
If the City suspends, terminates or abandons a portion of this Agreement such
suspension, termination or abandonment shall not. make void or invalidate the
remainder of this Agreement. The Consultant may at any time terminate this
Agreement by serving upon the City at least five (5) days written notice.
6) INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as
to the City a wholly independent contractor. Neither the City nor any of its officers,
employees or agents shall have control over the conduct of the Consultant or any of
the Consultant' s officers, employees or agents, except as herein set forth. The
Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the
City.
7) LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of local,
State and Federal laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such" laws and
regulations. Officers and employees shall not be liable at law or in equity occasioned
by failure of the Consultant to comply with this section.
2
8) NOTICE. Whenever it shall be necessary for either party to serve notice on the other
respecting this Agreement, such notice shall be served by registered mail, postage
prepaid, return receipt requested, addressed to the City Manager of the City of West
Covina at Post Office Box 1440, West Covina, California 91793, and to the
Consultant at 1220 Oakwood Dr., Arcadia, California 91006 unless and until
different addresses may be furnished in writing by either party to the other. Notice
shall be deemed to have been served seventy-two (72) hours after the same has been
deposited in the United States Postal Service. This shall be a valid and sufficient
service of notice for all purposes.
9) -ASSIGNMENT. The Consultant shall not assign the performance of this Agreement,
nor any part thereof, nor any moneys due hereunder, without the prior written consent
of the City. Because of the personal nature of the service to be rendered pursuant to
this Agreement, only Mr. Kermit Francis shall perform the services described in the
SCOPE OF SERVICES.
10) ATTORNEY'S FEES. Should any litigation be commenced between the parties
hereto concerning the provision of this Agreement, the prevailing party in such
litigation shall be entitled to recover a reasonable sum as attorney's fees, in addition
to any other relief to which the party may be entitled in law or equity.
11)INDEMNIFICATION CLAUSE. City will indemnify, defend and hold harmless
Consultant from any claim, liability or expense arising from the Consultant's
reasonable conduct of services as described in the "Scope of Services."
12) ENTIRE AGREEMENT. This Agreement and any documents or instrument attached
hereto or referred to herein integrate all terms and conditions mentioned herein or
incidental hereto and supersede all negotiations and prior writing in respect to the
subject matter hereof. In the event of conflict between the terms, conditions, or
provisions of this Agreement and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
13) EFFECTIVE DATE AND NUMBER OF COPIES. This Agreement is made in three
(3) duplicate originals and shall be effective from and after the date it is signed by the
representatives of the City.
3
10
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide general administrative oversight of the City's Personnel Department
including but not necessarily limited to the following:
i.
• Direction and supervision of City staff within the Personnel Services Department.
• Development, direction and oversight of all City recruitments coming within the purview
of the Personnel Department.
• Provision of administrative support to the Personnel Conmussion.
• Conferring with and giving advice to the City Manager and department managers on the
handling of grievances and disciplinary actions.
• Conferring with and giving advice to the City Manager on the implementation of any
administrative studies related to any City department or unit of City organization.
• Provide advice on matters related to the City's personnel rules and regulations,
i
administrative policies, and the compensation and pay plan.
• Provide advice and counsel to the City Council, City Manager, and department managers
on any matters that fall within the purview of the Personnel Department.
• Provide other services related to the efficient administration of the City Personnel
Department as reasonably required by the City Manager.
4
CONSULTANT
By:
Kermit Francis
Interim Personnel Director
Date:
Approved as to form:
Arnold Alvarez-Glasman
City Attorney
CITY OF WEST COVINA
By:
Andrew G. Pasmant
City Manager
Date:
ATTEST:
Janet Berry
City Clerk
5