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HomeMy WebLinkAbout09791ORDINANCE NO. 9791 AN EMERGENCY ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ENSCICON CORPORATION, A COLORADO CORPORATION, TO PROVIDE DIRECT HIRE SERVICES WITH RESPECT TO FILLING THE DIRECTOR OF PUBLIC WORKS POSITION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Direct Hire Service Agreement (“Agreement”), between the City of Pueblo and Enscicon Corporation, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney is hereby approved. SECTION 2. Funding for this agreement will come from salary savings from the 2020 Public Works budget. SECTION 3. The Mayor is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Agreement, to implement the policies and procedures described therein. SECTION 5. Adoption of this Ordinance is necessary on an emergency basis, pursuant to Section 3- 20 of the City Charter, for the following reasons: The Director of Public Works position is an essential position to the operation of the City of Pueblo. The current incumbent will be retiring effective November 30, 2020. The City has conducted several recruitments over the last year for other engineering position vacancies and have had very few qualified applicants respond, even after advertising on multiple websites and other social media outlets. This position is expected to be an even greater challenge to fill because it has a minimum qualification requirement for the incumbent to hold and maintain a Professional Engineering License. Because of the significance of this particular vacancy and the short-time frame to get the position filled before the current incumbent retires, it is in the City’s best interest to engage an outside agency to immediately assist in recruiting qualified potential applicants to help fill this position in a timely manner. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 13, 2020. Final adoption of Ordinance by City Council on October 13, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 15, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Marisa Pacheco, Director of Human Resources SUBJECT: AN EMERGENCY ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ENSCICON CORPORATION, A COLORADO CORPORATION, TO PROVIDE DIRECT HIRE SERVICES WITH RESPECT TO FILLING THE DIRECTOR OF PUBLIC WORKS POSITION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUMMARY: The proposed Ordinance approves an Agreement between the City of Pueblo (“City”), and Enscicon Corporation for candidate recruitment services related to filling to Director of Public Works position. PREVIOUS COUNCIL ACTION: Not applicable. BACKGROUND: The Director of Public Works position is an essential position to the operation of the City of Pueblo. The current incumbent will be retiring effective November 30, 2020. The City has conducted several recruitments over the last year for other engineering position vacancies and have had very few qualified applicants respond, even after advertising on multiple websites and other social media outlets. This position is expected to be an even greater challenge to fill because it has a minimum qualification requirement for the incumbent to hold and maintain a Professional Engineering License. Because of the significance of this particular vacancy and the short-time frame to get the position filled before the current incumbent retires, it is in the City’s best interest to engage an outside agency to assist in recruiting qualified potential applicants to help fill this position in a timely manner. FINANCIAL IMPLICATIONS: There is only a fee for this contract if the City ultimately hires a candidate that was referred by Enscicon Corporation for this vacancy. In that case, the fee for said referral is $25,000. This potential cost will be paid for out of the 2020 Public Works budget from salary savings. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: Recruit for this position without any assistance for an outside agency by using social media and other advertisement opportunities only. RECOMMENDATION: Pass and approve the proposed Ordinance. Attachments: Agreement ENSCICON ENGINEERING RELATIONSHIPS DIRECT HIRE SERVICES AGREEMENT This Direct Hire Services Agreement("Agreement"), is entered into on October 5,2020(the"Effective Date"), by and between The City of Pueblo Colorado,with an office located at 301 West B Street,Pueblo,CO 81003,and a contact e-mail address of bbatchelder@pueblo.us(hereinafter,"Client");and ENSCICON CORPORATION,a Colorado Corporation with an office located at 2420 W.26th Ave.,Suite 500D, Denver,Colorado,and a contact e-mail address of mccaber@enscicon.com (hereinafter, "Enscicon"). Enscicon and Client, in consideration of the mutual undertakings contained in this Agreement,agree as follows: I. SCOPE OF SERVICES Enscicon will present candidates for direct hire by Client for the provided that Client gives Enscicon written notice of the position of Director of Public Works. Based upon Client's termination and reasons for termination within five(5) independent review and analysis, Client will hire candidates it business days of the hired candidate's last day of employment determines to be suitable. Each candidate hired will be an and has timely paid the Client Fee.This replacement guarantee employee of Client and will work under the sole management does not apply if the hired candidate is laid off due to and direction of Client. In no event shall the candidate be downsizing,economic reasons,or lack of work.This deemed an employee of Enscicon. Client is solely responsible replacement guarantee must be applied within 12 months of for obtaining any work permits,or licenses,and for payment of the hired candidate's termination and holds no cash value. the hired-candidate's wages,expenses, benefits,workers compensation premiums,withholding of all taxes,and all IV. PREVIOUS KNOWLEDGE employer responsibilities.Client is solely responsible for Once Enscicon presents a candidate's name or resume to checking references and confirming the accuracy of resumes. Client,Client is precluded from claiming previous knowledge of Any background checks,documents,or information provided this candidate unless it notifies Enscicon in writing of its by Enscicon are made at Client's request and expense and are previous knowledge within 3 business days of Enscicon's not intended to be an exhaustive check of employment, referral. "Previous knowledge" means Client can demonstrate education or other background information. Enscicon does not that it had contact with and received the resume of,the make any warranties to Client concerning the candidates, candidate within the last 3 months. If Client demonstrates his/her background,or his/her suitability for work or for Client. previous knowledge of a candidate, no Client Fee is earned. II. FEES AND PAYMENT V. TERM;TERMINATION;SURVIVAL Should Client decide to hire a candidate referred by Enscicon This Agreement shall remain in effect for a period of two(2) within eighteen months of the candidate being submitted by years as of the Effective Date. Either party may terminate this Enscicon,Client shall pay Enscicon twenty-five thousand dollars Agreement with 30 days written notice to the other party.The ($25,000)("Client Fee").The Client Fee shall be considered parties'obligations herein survive the expiration or termination earned upon the candidate's start date with Client. Payment of this Agreement. shall be due within 30 days of the candidate's start date. If Enscicon does not receive payment within 30 days of start date, VI. ARBITRATION REQUIREMENT the Guarantee policy described in section III below is null and The Parties agree that any and all claims, breaches, or disputes void. Payments and/or invoices not paid timely will be subject related to or arising from in any way this Agreement shall be to interest at 10%per month,compounded monthly,computed settled by binding arbitration with a former state or federal from the initial due date.Client agrees to pay reasonable judge who,along with the parties,will follow the Colorado Rules collection and attorneys'fees, including costs,incurred by of Evidence and the Colorado Rules of Civil Procedure. Enscicon in collecting the Client Fees or otherwise arising out of or relating to this Agreement. If as a result of this Search VII. INTEGRATION;AMENDMENT;GOVERNING LAW; Project, Enscicon fulfills additional positions within The City of FORUM SELECTION; INTERPRETATION; Pueblo Colorado,the contingency search will be calculated at COUNTERPARTS;JURY WAIVER twenty-two percent(22%)of the hired candidate's base salary. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof,and supersedes any III. GUARANTEE other prior direct hire service agreements. No oral or other If,within the first one-hundred and twenty(120)calendar days written understandings or agreements exist between the of the candidate's start date,Client terminates the hired parties relating to the subject matter of this Agreement.This candidate for cause,or the hired candidate terminates Agreement cannot be modified except by written agreement employment with Client without cause, Enscicon will assist signed by both parties. This Agreement will be governed by the Client in seeking a replacement candidate for the same role, laws of Colorado without regard for conflicts of laws,and any dispute related to this agreement shall be brought in a court of competent jurisdiction within the City and Court of Denver, State of Colorado,and the parties agree and consent to venue and jurisdiction in that court.The language used in this Agreement was chosen by the parties and will be construed according to the plain meaning of its terms.This Agreement may be executed in one or more counterparts,each of which will be deemed an original but all of which together will constitute one and the same instrument. Facsimile signatures are valid to the same extent as original signatures. Client hereby waives any right to a trial by jury in any legal proceeding arising out of this Agreement. XI. RESERVED. XXI. WAIVER;SEVERABILITY The failure of either party to insist upon the strict performance of the terms and conditions of this Agreement will not constitute a waiver or relinquishment of the right to thereafter enforce any such term or condition,and it will continue in full force and effect. If a court of competent jurisdiction makes a CITY OF PUEBLO COLORADO final determination that any provision of this Agreement is invalid or unenforceable,the remaining terms and provisions remain unimpaired. Sign: X.444.0•ASCootsrl XXII. LITIGATION EXPENSE;COLLECTION COSTS J�, wn The prevailing party in any legal action arising out of or related Print Name: /41 Graceyor to this Contract will be entitled to recover from the other party its costs and expenses incurred in the action, including its reasonable attorneys' and experts' fees and expenses. If both Title: parties are awarded a judgment in any dollar amount,the court shall determine the prevailing party taking into consideration the merits of the claims asserted by each party, the amount of ENSCICON CORPORATION the judgment received by each party, and the relative equities between the parties. If Client fails to pay any amounts owed to ENSCICON when due, ENSCICON will be entitled to recover from Sign: Client all costs of collection(regardless of whether a legal action is filed), in addition to the amount owed to ENSCICON. Print Name: Ryan McCabe Title: President