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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