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HomeMy WebLinkAboutA8934 - PECKHAM AND MCKENNEYCONSULTING SERVICES AGREEMENT (Executive Recruitment for Director of Parks and Recreation provided by Peckham and McKenney) THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on September 1, 2021, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Peckham and McKenney, a Recruitment Agency, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a recruitment agency for an executive recruitment, for Director of Parks and Recreation ("Project"). B. Consultant has submitted to City a proposal to provide an executive recruitment for Director of Parks and Recreation, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide an executive recruitment for Director of Parks and Recreation to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "Services" or "Work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. j Revised: 5/1 /20 55575.18165\32900156.2 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $24,500. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. Revised: 5/1 /20 55575.18165\32900156.2 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of I year, commencing on September 1, 2021, and ending on August 31, 2022, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City. Revised: 5/1 /20 55575.18165\32900156.2 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Anton "Tony" Dahlerbruch, Executive Recruiter. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or their designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required, except as otherwise specified. Consultant shall perform all required Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. Consultant shall not have any authority to bind City in any manner. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel 4 Revised: 5/1 /20 5 5575. l 8165\32900156.2 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Anton "Tony" Dahlerbruch Executive Recruiter Various Administrative Consultant assigned administrative staff to assist as necessary 5.6 California Labor Code Reauirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its 5 Revised: 5/1 /20 55575.18165\32900156.2 elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies 6 Revised: 5/1 /20 55575.18165\32900156.2 of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies Revised: 5/1/20 55575.18165\32900156.2 shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 9.5 Le2al Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non -Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 8 Revised: 5/1 /20 5 55 75.18165\32900156.2 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Peckham and McKenney Attention: Anton "Tony" Dahlerbruch Executive Recruiter 300 Harding Boulevard, Suite 203D Roseville, CA 95678 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 9 Revised: 5/1 /20 55575.18165\32900156.2 11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] 10 Revised: 5/1 /20 5 5575.18165\3 2900156.2 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PECKHAM AND MCKENNEY. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs /--*-7SIC Date: Lq Z By: 91g34 Jus Clifton City Manager APPROVED AS TO FORM: ATTEST By: By: Jeftfey S ge City Attorney Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONSULTANT NAME: Peckham and McKenney Check one _ Individual _ Partnership _ Corporation 300 Harding Bo evard, Suite 203D Roseville, C 678 By By ru tive Recruiter 11 Revised: 511120 55575.1816"2900156.2 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On _ JC? � . '2-1 2.©2 I before me Sasha Sartini Notary Public, personally appeared _ZAn A ox:1. _V�rA�1eb Y I.)5� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SASHA SARTINI CONIdA, 02337900 NOTARY PUBLIC • CALIFORNIA wwr LOS ANGECES COUNTY Commission Explrea NOV 40, =24 (Seal) OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document «` J �k-) j i na Art,ree„ up a t Number of Pages Document Date Signers Other Than Named Above: 01980-2018 Bruno J. Sartini, Jr., Inc., dba The Mail Shop etc. • www.mailshopetc.com • 310-377-MAIL • 310-377-6245 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees :TM Schedule of Performance 13 Revised: 5/1 /20 55575.18165\32900156.2 MCKENNEY EXECUTIVE SEARCH August 31, 2021 Mr. Justin Clifton, City Manager c/o Stephanie George, Executive Program Administrator City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Via email to: Stephanie George Stephanie.George@12ahnspringsca.gov Dear Mr. Clifton and Ms. George, Thank you for the opportunity to submit a proposal for conducting the City of Palm Springs search for Parks and Recreation Director. We recognize the significance of this position within the community and City organization as well as the complexity managing recreation and parks. As such, Peckham & McKenney is exceptionally prepared and well -positioned to conduct this recruitment and implement the process leading to the successful placement of a candidate that "fits" the organization and working with you, the City team, community and public. Moreover, Peckham & McKenney has the experience to address the challenges presented by COVID-19, connections and resources for finding candidates, and the time to personally commit for conducting a thorough outreach and complete process. Our recruitment team provides a very unique combination of expertise and knowledge that will be essential to finding the City's next Parks and Recreation Director. I will serve as your recruiter. As a former City Manager in southern California and a total of 35-years working in city government; having served as City Manager's Department President and representative on the League of California Cities Executive Board; and as a native of southern California residing the last 30-years in the Los Angeles area, I am knowledgeable about the responsibilities of Parks and Recreation Director and personally familiar with the Coachella Valley cities/region. With a second family residence in Sun City, we are frequent visitors to the valley. Now with Peckham & McKenney, I have successfully conducted several recruitments in southern California. Peckham & McKenney, 300 Harding Boulevard, Suite 2031), Roseville, CA 95678 The attached proposal includes detailed information regarding Peckham & McKenney, the search process and timeline, cost of services, our guarantee, client references, and our team's professional backgrounds. We would be able to begin the project immediately upon executing an agreement. Uwe would be honored to have the opportunity to work with you on this important search process. Please feel free to call or email me at if you have any questions. We look forward to hearing back from you. Sincerely, /T/_ Anton "Tony" Dahlerbruch Executive Recruiter Peckham & McKenney, Inc. www.peckhamandtnckenney.com Tony(cr�,PeckhamandMckenne, 310.567.1554 (direct) 866.912.1919 (toll -free) Enclosure: City of Palm Springs Parks and Recreation Director Recruitment Proposal Attachment: Example Candidate Profile (City of Calabasas) Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 PECKHAM MCKENNEY EXECUTIVE SEARCH City of Palm Springs Recruitment Proposal for Parks and Recreation Director August 31, 2021 Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 TABLE OF CONTENTS THE FIRM 1 Peckham & McKenney, Inc. Our Reputation "All about fit" Our Commitment to the Future EXPERIENCE 3 Parks and Recreation Director (and related) Recruitments YOUR RECRUITMENT TEAM 5 Our Approach Your Team THE SEARCH PROCESS 7 THE SEARCH SCHEDULE 11 COST OF SERVICES 12 Cost of Services Additional Service Costs Process of Payment Agreement Insurance GUARANTEE AND ETHICS 14 Placement Guarantee Reopening the Recruitment Ethics CLIENT REFERENCES 15 DIVERSITY STATEMENT 16 Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 THE FERM Peckham & McKenney - Peckham & McKenney provides executive search services to local government agencies throughout the western United States and is headquartered in Roseville, California. Under the leadership of Anton "Tony" Dahlerbruch, continuing the values and principles of the firm's founders Bobbi Peckham and Phil McKenney, Peckham and McKenney has a strong and well -recognized reputation as a leader of successful local government recruitments. The team of Peckham & McKenney executive recruiters bring numerous decades of experience in local government and executive search to achieving effective placements that align each client's unique needs and interests. We are supported by administrative and research specialists, marketing and design professionals, a web technician, and distribution staff. Since 2004, Peckham & McKenney has conducted more than 650 executive level recruitments in the states of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. On behalf of elected Councils, City Managers and Department Heads throughout the West, we have successfully placed hundreds of local government professionals including City and County Managers, their Assistants, Police and Fire Chiefs, Department Heads, and mid -level Managers. In addition, Peckham & McKenney has placed hundreds of executives and organizational leaders in the areas of public safety (police and fire), community development and planning, economic development, public works and engineering, finance, human resources, city clerk, information technology, library services, parks and recreation, and community services. Peckham & McKenney was established and performs on the premise that an executive search and consulting firm must be dedicated to providing its clients and candidates with professional service, responsiveness, and a personal, hands-on approach. Our business philosophy centers upon the understanding that this is a "people" related industry and that attention to others' needs are the key to providing effective customer service. Our Reuutation -Peckham & McKenney is one of the most trusted and respected executive recruitment firms in the country. Time and again, we receive unsolicited compliments from clients and candidates relating to our integrity and high ethics. Not only are we committed to providing our clients with well -qualified candidates, but we also take pride in treating both our clients and candidates with utmost respect. This commitment has led to multi -year retainer agreements with a number of agencies, as well as numerous client and candidate testimonials to their experiences with us, which you can find on our website at www.12eckhamandmckenngy.com. City of Palm Springs Proposal for Page 1 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search 'All about fit' -We recognize that every agency and community we serve is unique, and the candidate you ultimately select must "fit." We take the time to become familiar with your community, organizational culture, and issues and challenges in order to identify and recruit the best candidates for your consideration. Nearly 89% of our placements stay in those positions for over five years, which is a testament to their "fit." City of Palm Springs Proposal for Page 2 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search EXPERIENCE With every executive search, your personal recruiter has the full backing, support and resources of the entire Peckham & McKenney team. Bringing more experience to local government executive search than any other California Recruiter, Peckham & McKenney has successfully completed recruitments in many cities since 2015 including: City of American Canyon, CA (2018) City of American Canyon, CA (2019) City of Aspen, CO (2019) City of Auburn, CA (current search) City of Azusa, CA (2018) City of Barstow, CA (2019) City of Basalt, CO (2017) City of Belmont, CA (2019) City of Big Bear Lake, CA (2019) City of Brentwood, CA (2014 and 2020) City of Brentwood, CA (2019) City of Calistoga, CA (2016) City of Camarillo, CA (2020) City of Campbell, CA (2016) City of Canby, OR (2019) City of Centennial, CO (2017) City of Duarte, CA (2020) City of Encinitas, CA (2020) City of Escondido, CA (2017) City of Flagstaff, AZ (2019) City of Fort Bragg, CA (2018) City of Galt, CA (2016 and currently) City of Gilroy, CA (2016) City of Glendale, AZ (2018) City of Glendora, CA (2018) City of Gustine, CA (2017) City of Hood River, OR (2018) City of McCall, ID (2017) City of Menlo Park, CA (2019) City of Mill Creek, WA (2019) City of Moorpark, CA (2020) Town of Moraga, CA (2018 City of Oceanside, CA (2019 City of Orinda, CA (2017 City of Pacifica, CA (2017) City of Palmdale, CA (2016 City of Petaluma, CA (2019) City of Port Townsend, WA (2019) Town of Portola Valley, CA (2016) City of Rancho Palos Verdes, CA (2020) City of Rio Rancho, NM (2019) City of San Clemente, CA (2015) City of San Marino, CA (2019) City of Santa Barbara, CA (2019) The Sea Ranch Association, CA (2020) City of Sedona, AZ (2015) City of Sierra Madre, CA (2017) City of Sonoma, CA (2017) City of South Pasadena, CA (2017) City of Sunnyvale, CA (2018) City of Telluride, CO (2018) City of Thousand Oaks, CA (2018) City of Tracy, CA (2015) City of Truckee, CA (2017) City of Turlock, CA (2018) City of Ventura, CA (2018) City of Walnut Creek, CA (2017) City of West Hollywood, CA (2019) Town of Windsor, CO (2018) Town of Winter Park, CO (2017) City of Palm Springs Proposal for Parks and Recreation Department Director by Peckham and McKenney Executive Search Page 3 of 16 Specifically, Peckham & McKenney has successfully completed the following Parks and Recreation and related recruitments: RECREATION & PARKS Anaheim, CA Bell, CA Bothell, WA Calabasas, CA Hayward Area Recreation & Park District, CA Hayward Area Recreation & Park District, CA Lafayette, CA Oxnard, CA Pacifica, CA Palo Alto, CA Piedmont, CA Pleasanton, CA Roseville, CA San Clemente, CA San Marino, CA Tracy, CA Director of Community Services Community Services Director Director of Parks & Recreation Community Services Director Parks & Facilities Maintenance Director Recreation, Arts & Community Services Director Director of Parks & Recreation Cultural & Community Services Director Director of Parks, Beaches & Recreation Community Services Director Recreation Director (2014 & 2019) Director of Parks & Community Services Parks, Recreation & Libraries Director Director of Beaches, Parks & Recreation Community Services Director Parks & Community Services Director City of Palm Springs Proposal for Parks and Recreation Department Director by Peckham and McKenney Executive Search Page 4 of 16 YOUR RECRUITMENT TEAM Our Approach When you retain Peckham & McKenney, you are guaranteed that your Recruiter is fully responsible for the success of the recruitment process. Supported by experienced administrative, research, and marketing specialists, each Peckham & McKenney Recruiter limits the number of active searches to which she/he is committed. Your Recruiter Anton (Tony) Dahlerbruch, Executive Recruiter Prior to joining Peckham & McKenney in 2019, Tony Dahlerbruch worked in local government for over 30 years. As a problem solver, Mr. Dahlerbruch worked in most every city department in Beverly Hills, California (ultimately as Deputy City Manager); Scottsdale and Phoenix, Arizona; and Rockville, Maryland, before subsequently serving a combined 12 years as City Manager in Rolling Hills and Palos Verdes Estates, California. With direct and personal experience in the diverse aspects of city services, Tony has knowledge in the many disciplines of city management including finance/budget, human resources, planning, public works, and public safety. During his city management career, he was recognized for his integrity, hard work, responsiveness, focus on service, and ethics. Mr. Dahlerbruch has additionally served in numerous leadership positions in state and national/international professional organizations. Noting his commitment to professional local government management, Tony has represented the City Managers Department of the League of California Cities as a two term Director on the League's Executive Board, President of City Managers Department of the League of California Cities, numerous League Policy Committees, and a variety of other positions over the years. He has also served as a Regional Vice President on the Executive Board of the International City/County Management Association (ICMA) and other various ICMA committees. Other professional activities have included leadership positions in the Municipal Management Assistants Association of Southern California (MMASC) and the Arizona Municipal Management Association (AMMA). Mr. Dahlerbruch holds a Bachelor of Arts in Political Science from the University of California at Santa Barbara and a Master of Public Administration from The American University in Washington, D.C. Your Team Joyce Johnson, Operations Manager Joyce Johnson joined Peckham & McKenney in 2005 and serves as the firm's Operations Manager. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment process. She oversees internal City of Palm Springs Proposal for Parks and Recreation Department Director by Peckham and McKenney Executive Search Page 5 of 16 administration of the firm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment firms. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. Ms. Johnson holds an Associate of Arts degree from American River College. Kevin Johnson, Research Assistant Kevin Johnson has been a member of the Peckham & McKenney team since 2009 and currently serves as a Research Assistant. He supports the firm's Recruiters through his research of local government agencies and networks, potential candidates, and current candidates prior to recommendation to our clients. Mr. Johnson mastered his researching abilities while obtaining a Bachelor of Arts in Economics from Willamette University. Linda Pucilowski, Graphic Designer With nearly 30 years of experience, Linda Pucilowski provides her expert design and marketing skills to Peckham & McKenney. She is the firm's "go -to" professional for all advertising and brochure design and creation. Ms. Pucilowski holds a Bachelor's degree from California State University, Sacramento. Rachel Moran, Website & Social Media Assistant Rachel Moran has been in the graphic design field since 2007 and prides herself on creating eye-catching visual art. She supports the Peckham & McKenney team by handling all website visual and technical design as well as social media. Ms. Moran graduated from the Art Institute of Houston obtaining her Bachelor's Degree in Fine Arts with a concentration in Graphic Design. City of Palm Springs Proposal for Page 6 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search THE SEARCH PROCESS A standard search process takes 12- to 14-weeks. While we will customize the search and project schedule to fit the specific interests and needs of the City of Palm Springs, the search process typically includes the following steps: Proiect Organization — Prior to beginning the recruitment, necessary documentation (contract, insurance, business license, retainer invoice, etc.) will be processed. We ask that the City identify a single point of contact that will serve as our liaison throughout the recruitment, providing necessary information to us, responding to our questions, and receiving and distributing all correspondence. A single point of contact will ensure timely and clear communication throughout the process. We will request a conference call with you and/or the appropriate City staff person(s) to discuss the process, listen to specific desires and expectations, and respond to any questions or concerns. We will discuss expected parameters of the search, the search timeline, and schedule future meeting dates. During this phase of the process, we will also discuss and determine with the City Manager the extent of involvement of other individuals in the search process and the finalist interview process. Furthermore, during this phase, we will request information relating to compensation and benefits, organization charts, and budget data. In addition, we will request high -resolution photos to be used in an attractive brochure to market the opportunity. Mr. Dahlerbruch will provide recommendations on best practices. Please note that decisions on the extent of involvement of others as well as additional components to the finalist interview process will impact the search, search timeline, and ultimately the cost of the recruitment process. Development of Candidate Profile (on -site or virtual meeting #1) — This step provides for the development of the Candidate Profile that will serve as a guide in the identification of potential candidates, outreach and recruitment efforts, screening and selection of your next Parks and Recreation Director. The Candidate Profile includes information relating to the City of Palm Springs; current and future issues and opportunities; expectations, goals, and objectives leading to the success of the new Parks and Recreation Director; and the background and experience, leadership style, skills and abilities, and personality traits of the ideal candidate. Your Recruiter, Tony Dahlerbruch, will develop this profile following individual conversations with the City Manager, as well as individual or group discussions with the City's leadership team and other individuals identified in the initial conference call (see Project Organization above). Again, these discussions may include other individuals or community stakeholders as requested by the City Manager. Based on our experience, we recommend a group meeting with the executive staff team and with the Department staff. While our proposal includes up to 2 days to City of Palm Springs Proposal for Page 7 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search develop the Candidate Profile, we are currently conducting a majority of outreach meetings via Zoom or telephonically due to COVID-19. A draft of the Candidate Profile will be provided to our point of contact for review. We ask that all revisions and corrections be provided to us in a timely manner in order to maintain the agreed - upon search timeline. Our marketing and design professional will then prepare an attractive marketing brochure incorporating the Candidate Profile. Upon completing the Candidate Profile, the brochure will be electronically distributed to identified industry professionals, posted on the Peckham & McKenney website, and provided to the City for posting. Advertisements will be placed in the appropriate industry publications and websites, and our firm will assume responsibility for presenting your opportunity in an accurate and professional manner. Social media, including LinkedIn and other platforms, will be used as appropriate. Recruitment —The main focus of our outreach will be direct phone contact with quality potential candidates. With decades of executive search experience, we have developed an extensive candidate database that is continuously updated and utilized. Our recruiting efforts will focus on direct and aggressive recruiting of individuals within the search parameters established during the Candidate Profile Development. We believe direct recruiting produces the most qualified candidates. Throughout this active search process, we will regularly update the City of the recruitment status and share questions, concerns, and comments received from potential candidates as they consider the opportunity. By doing so, we will "team" with the City to ensure that all issues and concerns of candidates are discussed and understood thereby eliminating "surprises" once the resume filing deadline has occurred. As resumes are received, they will be promptly acknowledged within 48 hours, and we will personally respond to all inquiries. Once the resume filing deadline has passed, we will update the City on the status of the recruitment, the number of resumes received, and our intent for preliminary interviews. Preliminary Interviews — Upon our review of the resumes received, supplemental questionnaires will be sent to candidates who appear to meet the Candidate Profile. In the supplemental questionnaire, applicants will be asked to address a few questions pertaining to the position that are based on information learned during Candidate Profile Development. The supplemental questionnaire is intended, in part, to ascertain the applicant's familiarity with the City and writing ability. Overall, the supplemental questionnaire is utilized to ascertain the strongest applicants for the position. Following a thorough review of the supplemental questionnaires, we will conduct preliminary interviews with the individuals that most closely align with the Candidate Profile. Internet City of Palm Springs Proposal for Page S of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search research will also be conducted so that we may probe the candidate regarding any areas of concern. Candidates will be advised of the search schedule and updated regularly as to their status. Recommendation of Candidates/Selection of Finalists (virtual meeting #2) — A bound report will be provided to the City Manager and/or the appropriate staff prior to our meeting to discuss our recommendation of leading candidates. This report will include a full listing of all candidates who applied for the position, as well as the cover letters, resumes, and supplemental questionnaires of the recommended group of candidates for further consideration. We may include a first and second tier of candidates within our recommendation. Mr. Dahlerbruch will meet with City Manager and/or appropriate staff in a one- to two-hour meeting and will provide an overview of each recommended candidate, as well as share any concerns or negative information. Once a group of finalists has been selected by the appropriate person(s), we will revisit early decisions relating to the finalist interview process. A 1 day finalist interview process is standard for initial finalist interviews (with the leading 4 to 8 candidates), however, the City may want to consider multiple interview panels, tours, meet -and -greet sessions, one-on-one interviews, presentations, or other selection options. Mr. Dahlerbruch will again provide recommendations on the finalist interview process. Peckham & McKenney will notify all candidates of their status. Those candidates selected as finalists will be notified and provided with all necessary information to attend finalist interviews with the City. We will prepare an interview schedule and confirm with our point of contact all necessary details. If necessary, finalists will make their own travel plans and reservations. It is customary that the City reimburse finalists for round-trip airfare, car rental, and lodging necessary to attend the interviews with the City. We will confirm this with the City representatives at our meeting to recommend candidates. Finalist Interview Process (on -site or virtual meeting #3) — Mr. Dahlerbruch will provide on - site facilitation during the finalist interview process. An orientation session will be held at the beginning of the process, and we will facilitate a review and discussion of the finalists at the end of the day. Interview materials, including suggested interview questions, evaluation and ranking sheets will be provided. Again, a standard finalist interview process of the leading 4 to 8 candidates is typically conducted within 1 day. Should the process desired by the City require more than one day with your recruiter, an additional fee will be charged. Oualification — Once the finalist candidate has been selected and a conditional offer has been made by the City of Palm Springs, a thorough background check will be conducted that is compliant with the Fair Credit Reporting Act and Investigative Consumer Reporting Agencies Act. Peckham & McKenney utilizes the services of Sterling Talent Solutions City of Palm Springs Proposal for Page 9 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search (www.sterlingtalentsolutions.ca), the world's largest company focused entirely on conducting background checks. This investigation will verify professional work experience; degree verification; certifications; and criminal, civil, credit, and motor vehicle records. We encourage our clients to consider further vetting the candidate through a Department of Justice LiveScan (California clients) in order to ensure that all known criminal history records (beyond seven years) are investigated. Mr. Dahlerbruch will also personally contact professional references, and a full report will be provided. This comprehensive process ensures that only the most thoroughly screened candidate is hired. In addition, negotiation assistance will be provided as requested by the City of Palm Springs. Peckham & McKenney's qualification process of internet-based research, background checking through Sterling Talent Solutions, and reference checking has proven successful for our clients through the years. In addition to relying on our services, clients are encouraged to utilize the background checking protocols they normally would use in hiring a position of this type. Enhanced reference checking and background investigation, if any, beyond the scope of this proposal is the client's responsibility. Our ultimate goal is to exceed your expectations and successfully place a candidate who "fits" your organization and community's needs now and into the future. City of Palm Springs Proposal for Page 10 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search SEARCH SCHEDULE This sample schedule anticipates a 12-week process. It can/will be tailored to achieve the interests of the City of Palm Springs relative to receiving input in preparation of the Candidate Profile and the interview process. In today's competitive recruiting environment, our goal is to make the process as efficient and effective as possible; as such, we ask that our clients work with us to identify future meeting dates that will be published within the Candidate Profile. This will ensure that the momentum of the search process is consistent and that all parties are available thereby leading to a successful result. ACTIVITY TEWE FRAME Project Organization Pre -Recruitment • Conference call discussion of recruitment process • Formalize project schedule II. Development of Candidate Profile Two Weeks • On -site or virtual meeting # 1 with the City to discuss Candidate Profile • Develop Candidate Profile/Marketing Brochure and obtain approval • Develop advertising and recruiting plan III. Recruitment Four Weeks • Advertise, network, and electronically post in appropriate platforms Electronically distribute candidate profile to identified industry professionals • Post opportunity on Peckham & McKenney website • Focused outreach to individuals within the parameters of the Candidate Profile • Respond to all inquiries and acknowledge all resumes received within 48 hours IV. Preliminary Interviews Two Weeks • Screen resumes and conduct Internet research • Identify leading candidates and request supplemental questionnaires • Review supplemental questionnaires • Conduct preliminary interviews with leading candidates V. Recommendation of Candidates/Selection of Finalists One Week • Provide digital written recommendation of candidates to the City Manager • Virtual meeting #2 to provide overview of recommended candidates • City Manager selects finalist candidates for finalist interview process • Peckham & McKenney notifies all candidates of status in recruitment process VI. Finalist Interview Process • On -site or virtual meeting #3 to facilitate finalist interviews with the City Manager • Assist City throughout process and provide recommendations • City Manager selects candidate or leading 2-3 candidates for further consideration • City conducts second interview process VII. Qualification • Conduct thorough background and reference checks on leading candidate • Provide negotiation assistance • Exceed expectations and successfully place candidate who "fits." Two Weeks One Week City of Palm Springs Proposal for Parks and Recreation Department Director by Peckham and McKenney Executive Search Page 11 of 16 COST OF SERVICES Cost of Services Peckham & McKenney is unique among recruiting firms for several reasons including having a fixed all-inclusive fee. Over years of experience, we have found that an all-inclusive fee is simpler, cost-effective, and efficient. Our fee to conduct the search process for your next Parks and Recreation Director is $24,500. Our all-inclusive fee includes professional fees and expenses (out-of-pocket costs associated with advertising, consultant travel, administrative support / printing / copying / postage / materials, telephone / technology, partial background checks on recommended candidates, and full background check on selected finalist only). The fee quoted above is for a full recruitment process as described in The Search Process, including 3 to 4 days of meetings. The first on -site or virtual meeting (1 to 2 days) is to develop the Candidate Profile; the second virtual meeting (1 day) is to provide a recommendation of candidates; and the third on -site or virtual meeting (1 day) is to facilitate finalist interviews. Additional Service Costs The following "menu" details fees for additional requested services. Some fees may be negotiated. Facilitation of Community Forum $1,500 Bilingual Community Survey & Analysis of Results $1,500 Additional meeting day (up to four days as detailed herein are included) $500 - $1,000/mtg + travel exp Each additional full background check $300/each Additional placement within organization* $5,000 (if selected within one year) *If the City of Palm Springs hires an additional candidate from among those recommended for another position within one year of the close of the recruitment, a fee of $5,000 will be charged to the City. Process of Payment One-third of the all-inclusive fee is due as a retainer upon execution of the agreement. This retainer covers upfront and necessary expenses incurred by Peckham & McKenney on the City's behalf for consultant travel and advertising. If the retainer is not received by Peckham & McKenney within 30 days of execution of the agreement, we will suspend the recruitment process until payment is received. The second third of the full payment will be invoiced one month from contract execution, and it is due within 30 days following the invoice date. The final third of the full payment will be invoiced two months from contract execution, and it is due within 30 days following the invoice date. If the City of Palm Springs requires a different payment schedule, this must be agreed upon within the contract. Peckham & McKenney expects payment of all invoices in a timely manner. City of Palm Springs Proposal for Page 12 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search Agreement Peckham & McKenney is the operating name of City Management Advisors LLC, Anton Dahlerbruch, Managing Member. Insurance City Management Advisors doing business as Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000,000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($1,000,000). Our Insurance Broker is B&B Premier Insurance Solutions, Agoura Hills, CA. Necessary insurance documentation will be provided to the City of Palm Springs in a timely manner. City of Palm Springs Proposal for Page 13 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search GUARANTEE AND ETHICS Placement Guarantee Our placement record is particularly strong in that 89% of the candidates we have placed remain in those positions for over five years. In the unlikely event, however, that a candidate recommended by our firm (external candidates only) leaves your employment for an reason within the first year of appointment (except in the event of budgetary cutbacks, promotion, position elimination, or illness/death), we agree to provide a one-time replacement at no additional charge, except expenses. Reoneninl! the Recruitment Throughout the recruitment process, all of our efforts are made to ensure a successful placement of a candidate who fits the Candidate Profile. It is extremely rare that our recruitment process fails to produce a preferred candidate in the first instance. If the search process, however, does not produce a successful placement, and there is an understanding that the City of Palm Springs and Peckham & McKenney each take responsibility for whatever errors may have been made, we will conduct a second recruitment process for the cost of expenses only (approximately $7,500). As Albert Einstein said, the definition of insanity is "doing the same thing over and over again and expecting different results." Prior to reopening the recruitment again, we will thoroughly review with the City what adjustments in approach, compensation, or other variables may be necessary to ensure a successful outcome. Ethics Time and again, we receive unsolicited comments from clients and candidates relating to our integrity and high ethics. ■ First, we believe in honesty. No client should ever appoint an individual without being fully knowledgeable of the candidate's complete background and history. Conversely, no candidate should ever enter into a new career opportunity without full disclosure of any organizational "issues." ■ We strive to keep everyone involved in a recruitment process informed of the status. Not only do we provide regular updates to our clients, but we also have a reputation for keeping our candidates posted. ■ As recruitment professionals, we do not recruit our placements -- ever. Should a placement of ours have an interest in a position for which we are recruiting, they may choose to apply. However, if they become a finalist, we ask that they speak to their supervisor to alert them of their intent. ■ During an active engagement, we do not recruit staff from our client agencies for another recruitment. Nor do we "parallel process" a candidate, thereby pitting one client against another for the same candidate. ■ We are retained only by client agencies and not by our candidates. While we have a reputation for being actively involved in the profession and providing training, workshops, and general advice to candidates, we represent only our clients. In addition, we always represent and speak of our clients in a positive manner; during the recruitment engagement as well as years after. City of Palm Springs Proposal for Page 14 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search CLIENT REFERENCES Please feel free to contact any of the following current and recent clients to inquire about their experience with Anton "Tony" Dahlerbruch. In addition, we would be pleased to furnish the client contact and phone numbers for any past clients listed in this proposal. City of Agoura Hills, CA — Community Development Director Nathan Hamburger, City Manager (818) 597-7308; nharnburger@agourahillscity.org City of Calabasas, CA — Community Services Director Kindon Meik, City Manager, or John Bingham, Administrative Services Manager (818) 224-1600; kme"cityofcalabasas.com or (818) 224-1663 jbin iam(i�cityofcalabasas.com City of Camarillo, CA — City Manager Mayor Tony Trembley and / or Members of the City Council (805) 701-9768; atrembley1956ggmail.com City of Juruna Valley, CA — Community Development Director Rod Butler, City Manager or Pat Grob, Human Resources Analyst (951) 934-8441; rbutler@jgnlpavallpy.org jurupavalley.org or (951)332-6464; pgrob@Jm=avallcy.org City of Indio, CA — Human Resources Director Scott Trujillo, Deputy City Manager (760) 391-4014; strujillogindio.org or 760-391-4015; mscott@indio.org City of Moorpark, CA — Assistant City Manager Troy Brown, City Manager (805) 517-6212; tbrown@moorparkca.gov City of Manhattan Beach, CA - Community Development Director Bruce Moe, City Manager, or Lisa Jenkins, Human Resources Director (424) 237-4268; bmoe@citymb.info or (310) 802-5252; Jenkins e,citymb.info City of San Dimas, CA — City Manager Mayor Emmett Badar, Members of the City Council and / or City Attorney Jeffrey Malawy (909) 394-6200; ebadar esandimasca.gov or (310) 801-9529; jmalawy@—awattorneys.com City of San Marino, CA - Finance Director and Community Services Director Dr. Marcella Marlowe, City Manager (626) 300-0700; mmarlowe@cityofsanmarino.org City of Santa Barbara, CA — Economic Development Manager, Finance Director, Community Development Director, and Information Technology Director Paul Casey, City Administrator, or Wendy Levy, Human Resources Manager (805) 564-5301; pcaseygsantabarbaraca.gov or (805) 564-5313; wlM a,santabarbara.gov City of Westlake Village, CA — Planning Director Josephine Wilson, Administrative Services Director, or Rob de Geus, City Manager (818) 402-5591; Josephinetg'�,wlv.oM or (818) 706.1613; Robka ylv.org City of Palm Springs Proposal for Page 15 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search DIVERSITY STATEMENT Peckham & McKenney is committed to diversity in its broadest possible definition in every aspect of each executive recruitment our firm provides. We take pride in the placement of women and applicants of diversity, and are known for long, successful tenures of candidates selected by the agency. In the last 5 years, 53% of Peckham & McKenney placements are women and people of color. Peckham & McKenney does not discriminate on the basis of race, color, religion, creed, sex/gender, national origin/ancestry, disability, pregnancy, sexual orientation (including transgender status), marriage or family status, military status, or age. We are fully compliant with all applicable federal and state employment laws and regulations in all of our recruitments. For over 30 years, founder Bobbi Peckham has been a champion of women seeking executive leadership positions within local government. Through leadership positions in organizations, as a speaker at conferences, and in professional roles in city management, other members of our recruitment team additionally have a history of promoting diversity in local government positions. With our diverse team of Recruiters, Peckham & McKenney goes to great lengths to support, promote and advocate for diversity in the recruitment and hiring processes. In addition to all other outreach methods, our firm utilizes the Local Government Hispanic Network (LGHN), National Forum of Black Public Administrators (NFBPA), and Women Leading Government (WLG) to advertise searches, as well as the National Diversity Network, which ensures placement of your opportunity with the following online venues: • African American Job Network • Asian Job Network • Disability Job Network • Latino Job Network • LGBT Job Network • Retirement Job Network • Veteran Job Network • Women's Job Network City of Palm Springs Proposal for Page 16 of 16 Parks and Recreation Department Director by Peckham and McKenney Executive Search LAW PECKHAM THE COMMUNITY Situated approximately 25 miles west of downtown Los Angeles (8 miles east of the Ventura County line), the City of Calabasas (approximately 24,000 population) is located in western Los Angeles County in the foothills of the Santa Monica Mountains National Recreation Area and adjacent to the San Fernando Valley. While the newest city in Los Angeles County, the first recorded occupation in the area was by Chumash Native Americans who settled along the banks of Calabasas Creek during the mid-1800s. Today, neighboring communities include Agoura Hills, Malibu, Westlake Village, and Hidden Hills. The City's distinctive character is in part derived from its natural environment, oak - studded hillsides, and sprawling open space. Other notable characteristics include its physical diversity, small town atmosphere, and active population. Old Town Calabasas, representing a combination of the old west and modern day, features retail shops, fine restaurants, and the historic Leonis Adobe, one of the oldest buildings in the Los Angeles area. Calabasas is primarily a residential community recognized as one of the most desirable communities in the region to live; the community is distinguished by its privacy, neighborhood events, excellent school district, and quality public services. Calabasas is approximately 13.75 square miles, situated in the Las Virgenes Valley, with primary access to the community is from the Ventura Freeway (101) or by Malibu Canyon Road from Pacific Coast Highway (1). To learn more about the City of Calabasas, please visit: www.cityofcalabasas.com. THE ORGANIZATION The City of Calabasas is a General Law city and operates under a Council -Manager form of government. The City Council consists of 5 members that are elected at -large and serve staggered 4 year terms. The Mayor and Mayor Pro Tern are selected by the members of the City Council for a 1 year term. The City Council appoints the City Manager and the City Attorney. While the City Council retains authority over the management of the City, the City Manager oversees daily functions and ensures that directions and priorities of the City Council are achieved. The City of Calabasas is known for providing its residents and business community with high level and quality public service. Continuity in elected and appointed officials, prudent fiscal management, friendly business environment, collaboration with the school district, committed and dedicated professional staff, and an engaged electorate contribute to Calabasas' stellar and distinguished reputation. The 2020/21 operating budget is approximately $50 million and comprised of 71 full time and 90 hourly employees within the departments of City Manager's Office, City Clerk, Administrative Services, Community Development, Community Services, Finance, Communications, Public Safety, Public Works, and Library. The position of Community Services Director is a key member of the executive team and priority role for providing parks, recreation and senior programs, community events, and managing the operations and maintenance of all recreation facilities and parks. The Community Services Department is responsible for delivering sports, education, culture, entertainment, recreation and other leisure activities for all age groups throughout the community. Information on the City of Calabasas' facilities, parks, recreation, and events can be found at https://www.cityofcalabasas. com/government/community-services. The Community Services Department ---- -r In ---- -- ---1 ---A I -- - - Hills/Calabasas Community Center, Calabasas Senior Center, Calabasas Tennis & Swim Center, Juan Bautista de Anza Park, Creekside Park & Preschool, and Headwaters Corner Interpretive Center. The Department annual budget is approximately $7 million. THE POSITION The ideal candidate is an innovative, engaging, friendly, life-long learner, participatory, and collaborative leader. The successful candidate must thrive in an active and responsive service -oriented organization, enjoy and be effective working with people, is hands-on as well as big picture oriented, and committed to public service. The Community Services Director will be responsible for continuing the City's well-known events, programs and services, as well as contribute fresh, innovative additions for programing that is in alignment with community interests and consistent with the City's traditions and character. The ideal candidate will be well -versed in best practices, have business acumen to recognize the benefits of budget and programming decisions, welcome new ideas, embrace transparency in operations and communications, and be experienced in all aspects of municipal community services operations including recreation services, parks maintenance, budgeting, and contract management. In collaboration and partnership with the City Manager, the Community Services Director communicates with elected and appointed officials and serves as the primary liaison and support to the Parks, Recreation and Education Commission, Senior Advisory Committee, Arts Council and Las Virgenes Unified School District. The successful applicant for the position will be expected to: • Lead positive change, training and development of the staff and department to achieve and model excellence in customer service and responsiveness. • Apply thoughtful judgement to both solve and improve operations at parks, recreation, programs, staffing, and department operations. • Develop and implement an internal and external comprehensive strategy for the long-term sustainability and continuity of programs and services. • Be fiscally responsible and experienced in addressing budget and staffing matters. • Embrace openness, honesty, transparency, and professional ethics. • Work closely with internal and external stakeholders, partners, agencies, and others to achieve goals. • Navigate through complicated situations and balance competing interests to build consensus. • Institute an organizational culture that embraces service, accountability, performance metrics, participation, communication, teamwork, and outcomes. • Model a working style that embraces challenges and obstacles, brings forward solutions and achieves excellence. • Successfully re-establishpre-COVID-19 programs and services, and experienced in the start-up of new and existing facilities. • Facilitate the completion of capital improvement projects. A combination of education, local government experience and training that demonstrates supervisory and programming knowledge, skills, and abilities maybe considered as qualifications for the position. A typical background is a Bachelor's degree from an accredited college or university with major work in parks and recreation management, public administration, or a closely related field or equivalent and 5 years of full time experience in the administration and management of parks, recreation, and community services programs with a public agency. THE COMPENSATION The annual salary range for the Community Services Director is $146,526 to $182,990, and appointment within the range will be dependent upon the qualifications and experience of the selected candidate. The City also offers a competitive benefits package, as follows: RETIREMENT: The City contracts with the California Public Employees Retirement System (Ca1PERS) to provide retirement benefits. New Ca1PERS members are provided a 2% @ 62 benefit formula with a required 6.75% employee contribution. Classic Ca1PERS members are provided a 2% @ 55 benefit formula, with the City paying the employee contribution. The City does not participate in Social Security, but employees must be enrolled in the Medicare portion. MEDICAL, DENTAL, VISION, INSURANCE LONG- AND SHORT-TERM DISABILITY INSURANCE, AND LIFE INSURANCE: The City has a cafeteria health plan that contracts with Ca1PERS to offer medical insurance for employees plus their qualified dependents. Health premiums are covered 100% up to the PERS Choice health plan level with any remaining funds not used for health benefits provided to the employee directly as cash. Available plans and rates can be viewed on the Ca1PERS Health website. The City contracts with Delta Dental for dental coverage and covers 100% of premiums for employees, plus their qualified dependents. `Ihe City contracts with VSP for vision coverage and covers 100% of premiums for employees, plus their qualified dependents. The City provides both short and long term disability insurance for employees in a benefit amount of to 66% of the employee's salary. The City provides life insurance for employees in an amount equal to three times the employee's annual salary, up to a maximum of $350,000. ADMINISTRATIVE LEAVE: 72 hours for Director positions. VACATION: 80 and up to 176 hours of annual vacation time accrual based on years of service. SICK LEAVE: 96 hours of sick leave are accrued annually. HOLIDAYS: 11.5 holidays annually. BEREAVEMENT LEAVE: In the event of a death in the employee's immediate family, the employee will be eligible for up to five work days of paid leave for bereavement. AUTOMOBILE ALLOWANCE: $3,000 annually. WORK SCHEDULE: City Hall hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Other benefits offered by the City of Calabasas include a computer loan program, employee assistance program, fitness membership, recreation program discounts, and flexible spending accounts. THE RECRUITMENT PROCESS If you are passionate about this opportunity, we invite you to apply, even if your resume is not traditional! To apply for this exciting career opportunity, Please visit our website at: Peckham & McKenney www.peckhamandmckenney.com Resumes are acknowledged within two business days. We are pleased to answer questions about this exciting opportunity and the recruitment process; do not hesitate to contact Tony Dahlerbruch at (310) 567-1554 or (866) 912-1919. MCKENNEY EXECUTIVE SEARCH www.peckhamandmckenney.com EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self -Insured Retentions, and Severability of Interests (Separation of Insureds) 14 Revised: 5/1 /20 55575.18165\32900156.2 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of Services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; D. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 15 Revised: 5/1 /20 55575.18165\32900156.2 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's Services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 16 Revised: 5/1 /20 5 55 75.18165\32900156.2 D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Consultant guarantees payment of all deductibles and self -insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 17 Revised: 511 /20 55575.18165\32900156.2