Contract - Roberts Consulting Group - 2020-08-27AGREEMENT FOR EXECUTIVE RECRUITMENT OF DISTRICT ENGINEER
Roberts Consulting Group, Inc.
This Agreement ("AGREEMENT") is made and effective as of August 27, 2020,
between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and Roberts
Consulting Group, Inc., a California Corporation ("CONSULTANT"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence on the date of the Notice to Proceed is
issued, and shall remain and continue in effect for approximately sixty-five (85) working
days, unless sooner terminated or extended pursuant to the provisions of this
AGREEMENT.
2. SERVICES
The SERVICES to be provided are more particularly described in the Scope of
Services attached hereto as Exhibit "A" and incorporated herein by reference.
3. PERFORMANCE
CONSULTANT shall perform all SERVICES under this AGREEMENT in a skillful
and competent manner, consistent with the standards generally recognized as being
employed by consultants in the same discipline in the State of California and consistent
with all applicable laws. CONSULTANT shall provide DISTRICT its work product in
"turnkey" form. DISTRICT reserves the right to perform reasonable testing of
CONSULTANT's work product before accepting the same. CONSULTANT shall warrant
that all services provided and equipment installed shall perform in a workmanlike
manner and be fit for its particular purpose.
4. COMPENSATION
Compensation for the SERVICES shall not exceed Twenty Five Thousand
Dollars ($25,000). The written change order requirement cannot be waived. Failure to
submit a written change order and receive written approval by the DISTRICT prior to
performing extra work shall constitute a waiver of a claim for additional time or
compensation. If the total dollar amount for advertisements exceeds $1,500, that
additional amount will be reimbursed by the District.
PSA 30U 12 10
Invoices shall be submitted to DISTRICT based on set milestones achieved.
DISTRICT shall review and pay the approved invoices in a timely manner. SERVICES
shall begin immediately and be completed within eighty-five (85) working days from the
date the Notice to Proceed was issued, unless extended by DISTRICT in writing.
5. PREVAILING WAGES
CONSULTANT understands that this job, if over One Thousand Dollars
($1,000.00) in value and not exempt, requires compliance with the prevailing wage law.
(Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to
be paid on this job from the Director of Industrial Relations. Said amounts are listed at
http://www.dir.ca.gov/dlsr/pwd/index.htm. CONSULTANT agrees to pay prevailing
wages and maintain prevailing wage records regarding those payments.
CONSULTANT is also required to comply with the apprentice requirements.
CONSULTANT shall defend, indemnify, and hold the DISTRICT, its elected officials,
officers, employees, and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
CONSULTANT recognizes that state law makes eight (8) hours a day's work, and any
worker working in excess of that time must be paid overtime. (Labor Code § 1813.)
6. INSURANCE
CONSULTANT shall, at its expense, procure and maintain for the duration of this
AGREEMENT insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of this AGREEMENT by the
CONSULTANT, its agents, representatives, employees, or subcontractors.
CONSULTANT shall also require all of its subcontractors to procure and maintain the
same insurance for the duration of this AGREEMENT. If CONSULTANT is an employer
or otherwise hires one (1) or more employees during the term of this PROJECT,
CONSULTANT shall procure and maintain workers' compensation coverage for such
employees which meets all requirements of state law (Labor Code § 1861).
At a minimum, CONSULTANT is required to submit proof of insurance in
accordance with the following standards:
Minimum Scope of Insurance: Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001,
code 1 (Hired and/or non -owned auto); and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Minimum Limits of Insurance: CONSULTANT shall maintain limits of no less
than:
2
PSA 30U 12 10
(A) General Liability. One Million Dollars ($1,000,000.00) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with general aggregate limit is used, either the general
aggregate limit shall apply separately to this AGREEMENT/location or the general
aggregate limit shall be twice the required occurrence limit.
(B) Automobile Liability. Five Hundred Thousand Dollars ($500,00.00) per
accident for bodily injury and One Hundred Thousand Dollars ($100,000.00) per
accident for property damage. In addition, CONSULTANT shall provide One Million
Dollars ($1,000,000.00) umbrella policy. CONSULTANT does not have to list DISTRICT
as additional insured on their automobile insurance.
(C) Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily
injury or disease.
Insurance Endorsements: The insurance policies shall contain the following
provisions, and a separate endorsement stating to add the following provisions to the
insurance policies shall be submitted and approved by DISTRICT:
(A) General Liability. The general liability policy shall be endorsed to state that:
(1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall
be covered as additional insureds with respect to the work or operations performed by
or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance
as respects DISTRICT, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
CONSULTANT's scheduled underlying coverage. Any insurance or self-insurance
maintained by DISTRICT, its directors, officials, officers, employees, agents, and
volunteers shall be excess of the CONSULTANT's insurance and shall not be called
upon to contribute with it in any way.
(B) Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against DISTRICT, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the CONSULTANT.
(C) All Coverage. Each insurance policy required by this AGREEMENT shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to DISTRICT, and (B) any failure to comply with reporting or
other provisions of the policies, including breaches or warranties, shall not affect
coverage provided to DISTRICT, its directors, official, officers, employees, agents, and
volunteers.
3
PSA 30U 12 10
Acceptability of Insurers: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A-:VIII, licensed to do business in California, and
satisfactory to DISTRICT.
All insurance documents must be submitted and approved by the District's Risk
Manager prior to execution of any AGREEMENT with DISTRICT.
7. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONSULTANT's services, to the fullest extent
permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless
DISTRICT and any and all of its officials, employees, and agents from and against any
and all losses, liabilities, damages, costs, and expenses, including attorney's fees and
costs to the extent the same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or
subconsultants (or any entity or individual that CONSULTANT shall bear the legal
liability thereof) in the performance of professional services under this AGREEMENT.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the fullest extent permitted by law,
CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all
of its employees, officials, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees) where the same arise out of, pertain to, relate to, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this AGREEMENT by CONSULTANT or by any individual or entity for which
CONSULTANT is legally liable, including, but not limited to, officers, agents, employees,
or subconsultants of CONSULTANT.
8. SAFETY AND SITE CONDITION CONSULTANT shall perform all operations
with due regard for safety and in strict compliance with all applicable laws relating
thereto. It shall be CONSULTANT'S responsibility to keep the site in a clean, neat and
orderly condition. It shall also be CONSULTANT'S duty to dust -palliate all working
areas and access routes, if applicable. All operations shall be conducted by
CONSULTANT so that no fire hazards are created.
9. TERMINATION
DISTRICT may terminate this AGREEMENT at any time with or without cause. If
DISTRICT terminates this AGREEMENT without cause before PROJECT completion,
CONSULTANT shall be entitled to be paid for SERVICES adequately completed prior to
the notification of termination. CONSULTANT may terminate this AGREEMENT for
cause only.
4
PSA 30U 12 10
10. MISCELLANEOUS
This AGREEMENT shall be interpreted according to the laws of the State of
California and any action arising from this AGREEMENT shall be brought in the superior
or federal district court with jurisdiction over DISTRICT.
This AGREEMENT and the attachments hereto shall contain the entire
agreement between the parties. This AGREEMENT cannot be modified except in a
writing signed by both parties. In the event of inconsistency between this AGREEMENT
and any attachment hereto, this AGREEMENT shall control in all respects.
DISTRICT shall own all work product prepared in the course of providing the
SERVICES under this AGREEMENT with the exception of references. Original notes
scribed by CONSULTANTS during reference checks will remain confidential and
maintained in CONSULTANT files. In the event of termination of this AGREEMENT,
CONSULTANT shall immediately turn all work product over to DISTRICT, with the
exception of scribed notes from references. If specialized software or computer
hardware is required to view or transmit said work product, CONSULTANT shall make
that software and hardware available to the DISTRICT at no cost during normal
business hours.
This AGREEMENT cannot be assigned without the prior written consent of the
DISTRICT.
CONSULTANT is and shall at all times remain as to DISTRICT an independent
contractor. No employee benefits shall be available to CONSULTANT in connection
with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT
as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other
compensation to CONSULTANT for performing any services hereunder for DISTRICT.
DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for
injury or sickness arising out of performing any services hereunder.
All information gained by CONSULTANT in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONSULTANT without DISTRICT's prior written authorization. CONSULTANT shall
not, without written authorization from the General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this AGREEMENT. Response to a subpoena or court order shall not
be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court
order or subpoena.
CONSULTANT warrants that the individual who has signed this AGREEMENT
has the legal power, right, and authority to make this AGREEMENT and bind the
CONSULTANT hereto. If you agree with the terms of this AGREEMENT, indicate by
signing and dating two original agreements where indicated below and return both to
the undersigned. Once the documents are fully executed, one original will be returned
to you for your records.
5
PSA 30U 12 10
Approved by.
General Manager
Approved as to Form:
Harper & Burns LLP
District Counsel
6
PSA 30U 12 10
CONSULTANT
Reviewed and Accepted by:
Signature
Name
) D
Title
? /-2-a12.Q2-0
Date
Exhibit "A"
WHY ROBERTS CONSULTING GROUP?
The primary objective of ROBERTS CONSULT NI GROUP,, 1INC. is to provide our clients with
unsurpassed excellence in executive rec irwtment. Accepting only a limited number of
recruitments, we are able to provide senior level, hands on service of the highest quality. From
ascertaining our client's needs, to identifying and recruiting qualified candidates, and extensively
verifying background information, the work is conducted by senior level consultants with
numerous years of experience and judgment. We are also skilled in assisting with the negotiation
of final offers, increasing the likelihood of successfully- hiring the desired candidate.
Our consultants have been responsible for recruiting thousands of chief executives and senior
level executives for public agencies throughout the United States. We have assisted our clients in
finding highly talented individuals with a commitment, to serving the public, and our placements
are some of the best and brightest in their fields. These individuals play a critical role in how
services are provided to the public and how local government, special district and not -for -profit
organization resources are utilized, and we take great pride in working with our clients to find the
best possible fit.
We have extensive, recent and unequalled experience recruiting chief executives and sinir
level executives for water/wastewater/sanitary agencies mi California. Our firm has
conducted recruitments for: the Engineering Manager for the Inland Empire Utilities Agency; the
Mg
Water Engineering Manager for the Anaheim Public Utilities Department; the District Manager
for the Vallejo Sanitary & Flood Control District; general Managers for Moulton Niguel Water
District, Irvine Ranch Water District, Camrosa Water District, Casitas Municipal Water District,
Central Basin Municipal Water District, Eastern Municipal Water District,, Inland Empire
Utilities Agency, James Irrigation District, Main Municipal Water District, Mojave Water
Agency, San Bernardino Valley Municipal Water District, San Gorgonio Pass Water Agency,
Sonoma County Water Agency, State Water Contractors,, Sweetwater Springs Water District, and
West Basin Municipal Water District; the President/Chief Executive Officer for the Meftopolitari,
Water District of Southern California; the Chief Executive Officer for Chino Baste. Watermaster;
Executive Directors for the Association of California Water Agencies (ACWA), California
Water Association, Regional Water Authority & Sacramento Groundwater Authority, and an
Luis & Delta -Mendota Water Authority; the Chief Operating Officer for Kem Delta Water
District; the Assistant General Manager for the. Water Replenishment District of Southern
Califomia; the Deputy General Manager for the Long Beach Water Department; dw General
Counsel for the State Water Contractors; and four senior level executives for Castaic Lake Water
Agency (now the Santa Clarita. Valley Water Agency).
Through prior firms, our consultants managedicon ducted senior level recruitments for the
following organizations (almost all of which included General Manager/chief executive
recruitments): American Water Works Association; California. Urban Water Agencies; California
Urban Water Conservation Council; Cambria Community Services District Camrosa Water
District; Castaic Lake Water Agency; Coachella Valley Water District; Contra Costa Water
District; District of Columbia Water and Sewer Authority- Dominguez S ices Corporation;
1.4
East Bay.Municipal Utility District; Eastern Municipal Water District; City of Fresno (Public
Utilities); Inland Empire Utilities Agency; Irvine Ranch Water District,- Las Nimes Municipal:
Water District; Little Blue Valley Sewer District (MO);, Livennore-irisdor Valley Water
Management Agenvy ;.Metropolitan Sewer District (014); Metropolitan Water District of
Southern California; Miami -Dade County, FL (Water and Sewer Department); Mojave Water
Agency; Monte Vista Water District; Monterey County Water Resources Agency, Monterey
Peninsula 'water ,,\Management District; Morris County Municipal Utifilles Authority (NI); Padre
Dam Municipal Water District; Rainbow Water District; Ramona Municipal Water District; City
of Richmond, VA (Director of Public Utilities); Sacramento Municipal Utility District; San
Antonio Water System (TX); South Florida Water Cana gement District; Washington Suburban
Sanitary District (MD); Tucson Water Department (AZ); Valencia Water Company; Valley of the
Moon Water District; Ventura Regional Sanitation District-, and Water Replenishment District of
Southern California.
In addition, we are familiar with your area from numerous recruitments conducted there
(e.g.,, for Orange County,, the City of IN'ew-port Beach, Irvine Ranch Water District,, Moulton
.Niguel Water District, and Laguna Woods Village, among others). We are also located nearby,
being headquartered in Southern California_
We believe the primary advantages in utilizing our firm, and what may differentiate us from,
others, include:
Ex.—r-— Nori.Robe . pioneered the field of public sector recruiting and has
mana Vird/conducted more executive recruitments in this area than, anyone else in the
business. fie was a leader in setting professional standards for the industry and, while our
thoroughness and commitment to excellence have never changed, our approaches have
evolved with the times,
Eoc_i_tsed — Accepting only a limited number of recruitments, we are able to provide senior
level, hands on service of the highest quality. From ascertaining our client's needs, to
identifying and recruiting qualified candidates, and extensively verifying background
information, the -work- is conducted by senior level consultants with numerous years of
experience and judgment,
Clients — Our consultants have worked for organizations of all sizes, both urban and rural,
and in virtually every state in the nation, including the District of Columbia. And, we have
conducted recruitments in all functional areas within the public sector. A substantial number
of our clients have hired us multiple times over a span of many years (including one
California county which hired us over 40 separate times). While at the present time our
clients are limited to California, we are capable of conducting locabIregionalstate side or
nationwide recruitments.
Parthe ' — We work in conjunction with our clients to help find the right candidates. It is
very much a team effort. We work closely with boards/councils, chief executives, department
heads and human resources executives to ensure a successful outcome. And, we
communicate regularly with our clients and candidates throughout the process.
LLdust el gions — Because of both the breadth and depth of our experience,, we have
a
garnered a network of relationships with industry leaders. We are discreet, but thorough, in
sourcing potential candidates and verifying credentials,
Aroadive —'fie do not, want to overlook candidates who are not actively seeking a new
position and may not be looking at advertisements, or who come from non-traditional
sources. We have a database of many individuals who may be a good :it, but we also do new
research for every recruitment we undertake to ensure -that we are targeting those people who
will best meet our client's needs. Not only, do we send brochures with letters inviting
potential candidates to apply, we follow up by telephone to encourage their interest and to
make sure they have a clear understanding of the opportunity. We believe that there is no
substitute for personal contact.
Con &dent 1kK — Many of the best qualified candidates are reluctant to apply :for a potential
new opportunity due to concerns about confidentiality. We place great emphasis on this with
our clients, and do everything within our ability to keep candidate names confidential, where
allowed by law.
Since the beginning, our consultants have had a commitment to diversity in
recruiting. Niorm Roberts placed the first person of color as City Manager of a large city, and
has continued to recruit and place well -qualified candidates in all areas of the -public sector.
Thorough, &_a1ua&nv — We do not ask for a blanket list of references from candidates. We
are very specific in asking for reference names to ensure that we get a complete picture about
a candidate's background. It is also important to know how and what to ask, and our
consultants have numerous years of experience in this area. Our background checks are very
thorough, including a review of news articles, degree/certification verifications and
credit/criminalkivil litigation/motor vehicle record checks.
EU — There is no one "right" candidate for any position. Our job is to identify candidates who
best match what our client is looking for, and who are available or will consider a career
change at this particular point in time. It is our mission to find someone who is a good match
with the culture of the organization.
W"hether it is delivering on time with candidates that meet the specifications
identified in the Recruitment Brochure, conducting background checks that are accurate and
thorough, or assisting with critical negotiations to hire the person desired, our consultants are
relentless in ensuring results. Our placement and retention rates are among the highest in the
industry, if not the highest.
A typical recruitment takes approximately 90 days from the first meeting with a
client until the date our client interviews leading candidates. We work with our client in
setting a schedule and meeting deadlines.
We work on a fixed fee basis, including our firm's expenses. Our clients know
exactly how much to budget and there are no conflicts of interest in assisting with
compensation negotiations.
STATEMENT OF WORK
Our objective is to find the best qualified candidates for our clients. 'W,hiie notices in professional
journals may be helpful, many of the best candidates must besought out and their interest
encouraged. Our familiarity with the Orange County area, knowledge of the field, and our
relationships with professional organizations make us well qualified to assist you.
Our clients have found that we are able to: 1) build consensus among those involved in the
hiring process; 2) develop the appropriate specifications for a position; 3) encourage the interest
of top-level people who would otherwise be reluctant to respond to an advertisement; 4) preserve
the confidentiality of: n ui:ries, consistent with State public disclosure and open meeting laws;
5) save a considerable amount of time for client staff in developing and responding to candidates;
and, 6) independently and objectively assess the qualifications and suitability of candidates -for the
particular position for whichwe are recruiting.
Both Valerie Roberts and Norm Roberts will responsible for this assignment and will
attend all meetings. Valerie Roberts -will -write the. Recruitment Brochure, write and place
advertisements, conduct research to identffy potential candidates, proactively recruit candidates,
conduct candidate interviews, conduct background investigations (including reference checking),
and oversee report preparation. Norm Roberts -will assist with research to identify . potential
candidates, proactively recruit candidates, and interview candidates. Our background information
can be found in Exhibit A and references can be found in Exhibit B.
If selected to conduct this recruitment, we will do the following:
Information GathgdU ggdAnyl sis
X
We will speak with the District Leadership Team, and other appropriate individuals to obtain
views of the position and expectations regarding desirable training, experience and personal
characteristics of candidates. We will also conduct a virtual meeting to finalize the schedule and
clarify all steps in the process. In addition, will also gather/review relevant information about the
V
District, the Department and the position.
After summarizing our findings, we will submit a draft Recruitment Brochure with the desired
qualifications and characteristics for your approval. The Recruitment Brochure thatwifl. be sent
to potential candidates will include information about the District, the Department, the job and
the criteria established by you. A sample Recruitment Brochure can be found in Exhibit C.
Once you have approved the Recruitment Brochure,, we will proactively seek out individuals with
superior qualifications and invite and encourage their interest. Our emphasis will be on
mumcipalities, special districts and private engineering firms who specialize in water and/or
-wastewater. As requested, we will focus initially at the local level and then radiate out through
Southern California before goiMg to other parts of California and nationwide, if necessary.
Advertisements will be placed online with Jobs Available, CWEA Wastewater Professional Jobs,
California Special Districts Association Career Center and Western City, as well as 'water
Environment Federation, if desired). Please be aware that we do not advertise through Linked In
and Careers in Government, as we have found that we receive numerous resumes from
candidates who are not even remotely qualified. However, we Will rely heavily, on our own
experience, research and contacts. (Note-. while you suggested development of a source list of
around 50 potential candidates, we typically target about 100 individuals.)
Potential candidates are either mailed or entailed a letter inviting them to apply, including a copy
of the Recruitment Brochure and the Supplemental Information Form (described below). We
-then follow up by phone to be sure they received the information, to answer any questions they
might have, and to encourage their interest in the position.
We will not discriminate against any applicant for employment on the basis of race, religion,
creed, age, color, marital status, sex, sexual preference, disabilities, medical condition, veteran
status or national origin.. substantial percentage of the placements made by us over the years
have been minority and/or female candidates.
InhW Screen!*ng
We will review, acknowledge and evaluate all resumes received. Initial screening will be based
upon criteria contained in the Recruitment Brochure, information contained in the resumes
submitted to us, and our 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. (Please note that we speak only with candidates who look
qualified on paper, not everyone who applies.)
Inteilm
Upon completion of our initial screening, we will assemble and submit a report of the leading
candidates. This report will include summary resumes, supplemental information, and the
i original resumes of those five or more candidates we believe 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, relevant experience and reasons for interest in the position. Any other specific
questions will be dictated by the criteria set forth in the Recruitment Brochure. (Note: This is
what we use to help determine a candidate's qualifications, writing skills and motivation for the
position. This may be what you meant in describing it as a written assignment. We would not
suggest sending a more formal "assignmenf' at this point, as we do not want to create any
barriers for potential candidates to apply. If you do want something more formal, it might be
more appropriate to request it from. the finalists as part of the interview process.)
The purpose of our interim report is to allow our client an opportunity to review the candidates
prior to the conclusion. of the search, and it allows us to receive feedback on the caliber of the
candidates recruited. In this way, you will not be surprised by the candidates, as you will have
seen their qualifications prior to the final interviews. Of course, we are flexible and may consider
other individuals as final candidates who are subsequently identified and were not included in the
interim report.
Mate
We will conduct videoconference interviews with those candidates whose qualifications most
closely match the criteria established by you. We will examine their qualifications and
achievements in view of the selection criteria. Additionally, we will verify degrees and
certifications, gather news articles via the internet, and conduct credit/civil litigation/motor
vehicle record checks through an outside service.
Page 3 of 10
As part of our process in evaluating external candidates, we make telephone reference checks. In
conducting these references., it is our practice to speak directly with individuals who are, or have
been, in a position to evaluate the candidate's performance on the job. These references and our
evaluations provide you with a frank, objective appraisal of the candidates. Follow-ing interviews
by the. District, we will conduct references for the top candidate and conduct criminal record
checks through an outside service (with the change in State law, these checks cannot be done
until after a conditional offer of employment is extended).
Please note that we do not conduct references on a candidate -until after they are interviewed by
our client and a mutual interest has been established. We take extraordinary measures to ensure
candidate confidentiality. We do not want to jeopardize anyone's current employment, nor do we
want their organization to become aware that the person is considering another position and may
present them with a counter-offer.
Client Interviewin
We will assist yau in scheduling final candidates for interviewwith your organization. In
addition, we will prepare a brief written report for those candidates most nearly meeting your
specifications, and will provide you with intervie%ving/selection tips, suggested interview
questions, and rating forms for your use. Candidates will not be ranked, for we believe it will
then be a matter of chemistry between you and the candidates. We will conduct a "briefing
session" Immediately preceding your interviews to make sure that the process flows smoothly,
and will assist you in a "debriefing" immediately following the interviews. Once we finalize
references on the top caadidate, we will provide you with a detailed, supplemental written report.
Additional Consultant Ass istan
Our efforts do not conclude with the presentation of the final report. We are committed to you
until a successful placement is made. Services that are routinely provided include.:
• Arranging the schedule of interviews and the associated logistics for final candidates.
• Advising on starting salary, fringe benefits, relocation trends and employment packages.
• Acting as a liaison between client and candidate in discussing offers and counter offers.
• Notifying unsuccessful candidates, who were :not recommended for interview, of the
decision.
THE CLIENTtS ROLE
We work in partnership with our clients in conducting a search. While we may identify, and
recommend qualified candidates,, it is the client who must make the decision about which
candidate(s) to hire. In order to ensure that the best candidates are available from which to
choose, our clients should be willing to do the following:
Clearly inform us about matters relevant to the search that you wish to keep confidential (eg.,
personnel issues and other privileged inforination).
M a �
• Supply us with the names of people you have previously interviewed/considered for this
position.
• Forward to us copies of the resumes you receive, to avoid duplication of effort.
• Provide feedback regarding the information and recommendations provided by us.
• Promptly decide -upon and follow up in scheduling interviews with the :vast promising
candidates.
Assist in providing information to candidates that will enable them to make their career
decisions.
By doing the above, we will maximize the likelihood of mutual success.
Finally, please be reminded that the United States Immigration Reform and Control Act of 1.986
requires that all employers verify an employee's eligibility to work in the United. States. Since we.
cannot serve as your agent in this matter, your hiring process should include this verification
procedure.
PROPOSED TIME SCHEDULE
The following is a typical schedule to conduct a thorough recruitment. However, we would be
pleased to discuss modifications to this to meet your needs:
I
Weeks I to 4 Speak -with the District Leadership Team and other appropriate
individuals to gather background information.
Conduct avirtual meeting to finalize the schedule and clarify all
steps in the process
Develop and obtain approval for the Recruitment Brochure.
Develop a list of potential candidates to target.
Prepare and place advertisements.
Weeks 5) to 9 Proactive recruitment —solicit, receive and acknowledge resumes.
Evaluate resumes and gather supplemental information.
Conduct preliminary telephone interviews with leading candidates.
Week 10 Submit interin report and meet/speak with you to review leading
candidates.
Weeks I I and 12 Verify degrees and certifications, gather news articles via the
internet, conduct credit/civil litigation/motor vehicle record checks,
and interview the best qualified candidates.
Week 13 Submit report on final candidates and initiate the interview process
with you.
Page 7 of 10
Following Interviews Finalize references, conduct criminal record checks, and assist with
negotiations.
]FEES AND EXPENSES
We propose a total fixed fee of $25,000 for this recruitment, which includes ourfirm's expenses
(Note: This is less than our typical fee for this type of recruitment but, given the -financial
hardships many of our clients are currently experiencing, we have discounted our fee. This
amount includes up to S 1,500 for advertising and anything over that will be invoiced separately.)
Our budget provides for the following three meetings with the client: 1) to develop the
Recruitment Brochure; 2) to present the Interim Report; and 3) to attend interviews of final
candidates. Please note that our budget does not include reimbursement of candidates who travel
to be interviewed by you. Unless you notify us to the contrary, we'W.Ill assume that you will
Dandle these reimbursements directly. We will submit three equal invoices for fees, due and
payable within 30 days. Our first billing will be upon submission of the draft Recruitment
Brochure, the second at the deadline for receipt of resumes, and the third upon presentation of
our report on the day of interviews or 90 days from the start of the recruitment, whichever
comes first).
Though we are committed to working with you until a placement is made, our fees are not
contingent upon our success in placing a candidate with your organization. However. if the
selected candidate if recommended by us for hire, and other than an internal candidate) should
be terminated within one year from the date of hire, we will redo the each for no additional
professional fee. We would, however, expect to be reimbursed for any expenses that might be
incurred.
You may discontinue this assignment at any time by written notification, in the unlikely event
that this occurs, you will be billed for fees based upon the time elapsed from the commencement
of the assignment to the date of cancellation. If a cancellation occurs Within the first 30 days of
the assignment, following either verbal 'or written authorization to proceed, one-third of the
professional fee will be due. If a cancellation occurs thereafter, the fee beyond the first one-third
will be prorated based upon the number of calendar days which have elapsed. If a cancellation
occurs after 90 days, all professional fees will be due in full.
Our ability to carry out the work required is heavily dependent on our past experience in
providing similar services to others, and we expect to continue such work in the future. We win,
however, preserve the confidential nature of any information received from you or developed
during the work in accordance with our established professional standards.
We assure you that we will devote our best efforts to carrying out the work required. The results
j
obtained, our recommendations and any written material we provide will be our best judgment
based on the infort-nation available to us and our liability, if any, shall not be greater than the
amount paid to us for the services rendered.
EXCEPTIONSUDEVIATIONS
Technicul,Exception.v
Based on our experience, having successfully recruited thousands of senior level executives for
public agencies, we would respectfully propose the following adjustments to the process you
havesswould. proposed. We wbe pleased to discuss these with. you should further clanification be
neceary�
We rely- most heavily on our experience, contacts and research to identifV potential
candidates. As such, we typically do not spend more than S-1,500 on advertising. In our
proposal, we have suggested some modifications to where we place ads, as we do not feel it is
the best use of our clients' money.
We do not interview every candidate who applies. We send a Supplemental Information
Form to everyone we invite, aswell as to anyone who applies and looks viable, based upon,
their resume andlor tour knowledge of their background. After reviewing all of this
information, we determine which candidates should be preliminarily interviewed by phone.
This beeps the cost more reasonable for our client and is a more efficient use of our time.
We agree that it is important to assess a candidate's motivation, and we do like to see their
writing skills. Rather than asking them to complete a formal ",assignment,"" we ask them to
complete a Supplemental Information Form that provides a lot of that information. It can be
difficult to attract the blest qualified candidates, and we don't want to discourage anyone from
applying. Once we get down to a final group for interview, we believe it would then be a
mare appropriate time to do this, should you so desire.
Prior to the District interviewing candidates,, we verify degrees and certifications, conduct an
Internet search of news articles, and conduct c-reditYcivil litigation/motor vehicle record
checks through an outside service by State law, criminal record checks cannot be done until
after a contingent offer is made). We do not conduct references on candidates until after your
interviews and after a mutual interest has been established. We do not want to Jjeop�rd-�iz
anyonels current employment, nor do we want their organization to become aware that the
person is considering another position and may present them with a counter-offer.
Contractual
The requests below are those that we make with all of our clients (standard agreements don't
always fit our type of work).-
■ Section 4 — Compensation — We submit invoices. based on set milestones (not rnonthly),, and
do not have hourly rates. We know what it costs to conduct a thorough reerwtmiont and the
amount of time this necessitates, and do not want to spend our time on administrative tasks.
We would rather be recruiting'
Section 6 — Insurance — We, cam` all of the coverage you desire, but our auto coverage is
through our personal insurance with USAA, along with an umbrella policy to provide the
requested limits. A sample certificate of insurance is provided in Exhibit D, along with proof`
Page 9 of 10
of auto coverage (ure cannot add the District as an additional insured :for the auto coverage).
Virtually all of our clients are public agencies, and this has never been an issue.
Section 9 — Miscellaneous — When speaking with references, welet them know that their
comments will be incorporated in a confidential write-up with those of other references, and
not attributed to a specific individual. Because of this, we have found references to be open
with us in our conversations. 'We maintain those original notes in our files, but they are not
provided to the client.
rovi
Page 10 of 10