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HomeMy WebLinkAboutCC Resolution 12140 (Employment Agr.; HR Director)RESOLUTION NO. 12140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AN AGREEMENT WITH LESLIE LOOMIS TO PROVIDE HUMAN RESOURCES MANAGER SERVICES THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Leslie Loomis to provide human resources manager services, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 6th day of November, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk WACity Managers- WorkFile\Council Material\Resolutions\2006\Loomis Reso.doc iHi itfa�._� AGREEMENT FOR: Executive Recruitment Services for Human Resources Manager This Agreement is made and entered into this 2,5! day of October, 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Leslie Loomis, Human Resources Consultant (hereinafter "CONTRACTOR"). A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager, Ken Nordhoff, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Leslie Loomis is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. �•1�y�I�Y•7�•Z•1� : _ • ; CONTRACTOR shall perform the Human Resources Manager duties and/or provide services as described in Exhibit "g" attached and incorporated herein. �Bill gImrolas] �'ii CITY shall cooperate with CONTRACTOR in her performance under this agreement and shall compensate CONTRACTOR as provided herein. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR at a rate of $120 per hour, inclusive of expenses, in amount NOT to exceed $45,000, including the cost of local business license taxes as described in Section 20. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. The term of this Agreement shall commence upon the date of execution of this agreement and shall end on June 30, 2007. 6. IFRMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. ►I Eel► OVA -191 Q IN Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 2 1 ► :G► A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 3 8. PROJECT MANAGER and the City Attorney shall approve the insurance as to form and sufficiency. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. Is INI -910 OIIaCoUVII[6IPI CONTRACTOR shall indemnify, release, defend and hold harmless CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. or-AMISO&VA"WW"TA on CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, and other entities in the Franchisors' Group, their officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 4 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Ken Nordhoff, City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560 TO CONTRACTOR: Leslie Loomis 904 Blandford Blvd. Redwood City, CA 94062 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. MA I c I ►-3& ►9u A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 5 E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 568-78-4298 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. The laws of the State of California shall govern this Agreement. E. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL. CONTRACTOR By:n� ���tiuil City Manager Name: Title:�- ATTEST: City Clerk APPROVED AS TO FORM: City Attorney WACity Managers- WorkFileWgreements & Contracts\06\Loomis - Interim HR Manager.doc 1 EXHIBIT "A" City of San Rafael Job Class Specification Job Title: Human Resources Manager DEFINITION: To plan, organize, direct and review centralized human resources and risk management services; provide for adequate and qualified personnel to meet current and future City employment needs; insure opportunities exist for employees to develop and perform to the maximum of their potential. DISTINGUISHING CHARACTERISTICS: This is an exempt, mid -management level position in the Department of Management Services. Under general direction of the Assistant City Manager, the Human Resources Manager exercises considerable independent judgment in planning, overseeing, and reviewing major functional areas of the Department. SUPERVISION EXERCISED: Administrative direction provided by the Assistant City Manager. Responsibilities include the direct supervision of professional, technical and support services personnel. ESSENTIAL AND IMPORTANT DUTIES: • Develop and recommend objectives, policies, programs and procedures that maintain a creative and results oriented division; • Coordinates and administers the City's worker's compensation program and the City's liability claims. • Identifies, selects, implements, and monitors programs designed to reduce frequency and severity of loss to City personnel and property. • Coordinates worksite inspections and corrective actions to ensure safe working conditions for employees and compliance with state and federal health and safety regulations. • Advises City departments on identification, evaluation, elimination, or reduction of risks & liability. Acts as liaison to consulting agencies retained to provide medical, legal, investigative or vocational rehabilitation services. • Manage the recruitment/ examination and selection of personnel including making recommendations on staffing and recruitment needs. • Manage/ administer the City's employee benefits programs. • Maintain and administer a performance based, job related classification and compensation program. • Counsel Managers, supervisors and employees in handling performance evaluations, discipline, interpersonal problems. • Oversee the preparation of reports and analyses for the City Manager and departments; and respond to requests from, and make verbal presentations to: City Officials and Departments; and represent the Department of Management Services before the City Council. • Research contract language and other related assistance to Assistant City Manager in preparation for and during employee labor (contract) negotiations. LESLIE LOOMIS 904 Blandford Boulevard Redwood City, CA 94062 (650) 339-1626 OBJECTIVE: Interim Human Resource Director position for a local government agency. EDUCATON: Master of Public Administration, USC Bachelor of Science, Human Development, UCDavis WORK EXPERIENCE: Human Resources Consultant: March 2005 -Present As a consultant worked for the cities of San Mateo, Dublin, Millbrae, Alameda, Hillsborough, and Atherton conducting investigations, writing policies, providing benefit administration support, conducting succession planning programs and performing a variety of other human resources related special projects. Director of Human Resources, City of Palo Alto April 2002 -January 2005 Responsible for day-to-day function of the Human Resources Department which included recruitment and retention, benefit administration, labor relations, employee development, workers compensation and safety compliance and administering discipline and grievance hearings. The City had 1100 full-time and 350 part-time employees and the human resources department had 14 full-time staff members. Director of Human Resources, City of San Carlos February 1998 -April 2002 Responsible for administering and overseeing the human resources function for the City. Served as the first Human Resources Director and developed the department into a full service operation which included labor relations, employee development, workers compensation and safety administration, recruitment and retention, policy development, employee incentive programs, quality of life programs, and the California Healthy City program. Personnel Analyst, City of Redwood City 1984-1988 Director of Administration, California Bankers Association 1981-1984 PROFESSIONAL ORGANIZATIONS • Past President, Personnel and Employee Relations Committee, League of California Cities — 2004-05 • Past President, NORCAL (Northern California Human Resources Directors) — 2002 • Past Chair of Cities Group JPA (Workers Compensation and Safety) — 1996, 1998, 2000 • Past President of Employee Relations Service Board • Graduate of IGMT 0 MMANC — Region One