HomeMy WebLinkAbout1J OCRCITY COUNCIL STAFF REPORT
DATE : October 22, 2020 Consent
SUBJECT: APPROVE AN AGREEMENT WITH ALLIANCE RESOURCE
CONSULTING LLC TO PROVIDE AN EXECUTIVE RECRUITMENT
SEARCH FOR CITY MANAGER
FROM: Perry Madison, Director of Human Resources
Department of Human Resources BY:
SUMMARY
Consideration of approval of an agreement with Alliance Resource Consulting LLC, an
executive search firm , to commence a recruitment for the position of the Palm Springs
City Manager.
RECOMMENDATION:
1 APPROVE AN AGREEMENT WITH ALLIANCE RESOURCE CONSUL TING LLC
TO PROVIDE AN EXECUTIVE RECRUITMENT SEARCH FOR CITY MANAGER;
and
2 Authorize the City Manager to execute any documents necessary to effectuate the
above actions.
BUSINESS PRINCIPAL DISCLOSURE:
Alliance Resource Consulting LLC is a California Limited Liability Company and the
officers are Sherrill Marquardt (CEO), and Larry Uyeda (CFO). Sherrill Marquardt and
Larry Uyeda are sole owners of the company. A copy of the Public Integrity Disclosure
Form is included as attachment 2.
STAFF ANALYSIS :
David Ready, the current City Manager, has served the City for over 20 years and
previously provided notice of his pending retirement from City Service at the end of the
year.
2City Council Staff Report October 22, 2020 -Page 2 Alliance Resource Consulting Agreement City Council has directed City staff to begin a nationwide search for a new City Manager as soon as possible. This agreement with Alliance Resource Consulting will provide the necessary expertise and partnership to conduct a successful nationwide search. Alliance has an extensive background in executive search credentials focused on government agencies, including City Manager placements. Alliance will provide a dedicated team to engage a nationwide proactive search with an approach on outreach, diversity, and transparency to recruit highly qualified candidates for the position of City Manager. Alliance will focus on a 12-week delivery timeline. ENVIRONMENTAL IMPACT: The proposed agreements are not "projects" for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. Engagement of these lawyers is an organizational or administrative actively by the City of Palm Springs in furtherance of its police power, and will not result in a direct or indirect physical change in the environmental, per section 15378(b)(5) of the Guidelines. FISCAL IMPACT: The cost of the contract will not exceed $30,000. There are adequate funds through salary savings to cover this cost. David H. Ready, Esq., P City Manager Attachments: 1. Alliance Resource Consulting Services Agreement 2. Alliance Resource Consulting Public Integrity Disclosure Form
3CONSULTING SERVICES AGREEMENT (Executive Recruitment for City Manager by Alliance Resource Consulting LLC) THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on October 8, 2020, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Alliance Resource Consulting LLC, 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 a City Manager ("Project"). B. Consultant has submitted to City a proposal to provide an executive recruitment for a City Manager, 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 a City Manager 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. Revised: 5/1/20 55575.18165\32900156.2
41.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, pennits, 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 CONSUL TANT 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 $30,000. 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 hourly 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. 2 Revised: 5/1/20 55575. l 8165132900156.2
54. 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 October 8, 2020, and ending on September 30, 2021, 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. 3 Revised: 5/1 /20 55575. l 8165\32900156.2
65. 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: Sherrill Uyeda, Founding Partner. 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 55575.18165\32900156.2
7without 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: Sherrill Uyeda Various Administrative Title: Founding Partner Consultant assigned Administrative Staff to assist as necessary 5.6 California Labor Code Requirements. 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
8elected 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
9of 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 7 Revised: 5/1/20 55575.18165\32900156.2
10shall 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 Legal 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 perceiyed 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 55575.18165\32900156.2
1111. 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: To Consultant: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Alliance Resource Consulting LLC Attention: Sherrill Uyeda, Founding Partner Headquarters 1 Centerpointe Drive, Suite 440 La Palma, California 90623 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
1211.7 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] IO Revised: 5/1/20 55575.18165\32900156.2
13SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALLIANCE RESOURCE CONSUL TING LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. Date: /e:~ APPROVED AS TO FORM: By:Q~ ~/"> Jeffiy ~B lling~ ~ City Attorney "CITY" City of Palm Springs ATTEST By:--------------Anthony Mejia City Clerk 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. CONSULT ANT NAME: Alliance Resource Consulting LLC 1 Centerpointe Drive, Suite 440 La Palma, California 90623 Check one_ Individual _6.rtnership _ Corporation By~ a·~ By ___________ _ Sherrill Uyeda (notarized) l'h::::lrqwa-,;::U Signature (notarized) Founding Partner II Revised: 5/1/20 55575.18165\32900156.2
14CALJFO ... ALL~ ACKNOWI.EDCIIO, CMl. CODE§ 1189 F1$rSltA,.:F1sus,4--,,s: £vtt<1,(r_rit&:Sj::>tp+AQ42t!9e,e&t=1Sst11d't£ &1<1<16&0t-a>:>o~J:ar!>eeet1;1s A nal&ly public o, Olhar affica-campati~ 1hia certik:sla vaffiae mt, 1lle icfsmity of the irwhaml MIO ai!,taf the document 10 whidl 1hia cer1ificsl8 iB attached, and not 1he trulhflifna3a. ~ ar validity of tmt dDcurnant. Slate of OaMomia ) County or Sa, "-+A-a.\ o. ra,. > 0n (0lt3l?:9g.o befontma,SuJb.e Bol;.,tt-t;,',•No+a...-:y Pc.ti:,(~<:, Dsla Hant fnsart Name snd 'itle of the Offlcar peniona11y appeared Sh f' eh ht~ 11 kg, r Q c, a o. ,h J t NBlll8(B)af~ who p,uved 1D ma ~ ~ baaia of aatiafactory evidence to be the peraonc,) whDae name(f) ia/,,.. subBcribed 1D the dhin inatrumant and acknowladpd to me that ~ uacuted the same in hjlrlhermw;,,authorized ~-and that by ~llt)ff signah.l~ an the inatrument1he ~-or the entity upon beha1f of which the ~) actad. neculed the inrilrumenl. J certify under PENAL TY OF PERJURY under 1he laws of the -8ta1a of Cafifomia that the foregoing paragraph is true and carracL WITNE88 my hand and official 88Bl. -------------OPJJONAl-------------Though lhiB 88Cfian is optional. completing thie inlonndon can deter attanmbn of the document or lrtwdl/ent tNtlachment at this farm ID an uninlsnded docr.,ment Daecriptian of Attached Document Tdle or Type of Document __________ Document Data: ______ _ tbnbar of Pages: ___ Signar(at Olh• Than Named Above: _________ _ Capacily{iea) aaimad by Signar(a) Sgnar"aN:am~----------• Corponda Officer -'Tilfet,a): -----• Partner -• Umitad • General • lndividua1 • Attomay in Fact •Truataa • Gmrdian or Cc:Jn88Malor •other: ___________ _ Signer la Rap,eaantirv: ______ _ Signar"eName: _________ _ D 0aqxnlB Officer -Tftla(a): _____ _ • Partner -• Umitlld • 8enend • lndividua1 • Attomay in Fact •Trustae • Guardian or Conaamdar • Olhar: ------------Sigra-la Representing:-------.e..o.v.~. :cc:c-u.ec:uceeeccu.:w:»:iiiJWCAWli\Ji QO!V.V.--"'• S.Cl.U.<A.«occ:;ceccwa UWZMM Ct u:o.o . ..A • ..t.t 12 55575.l 8165\32900156.2 Revised: 5/1 /20
1555575.l 8165\32900156.2 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 13 Revised: 5/1/20
16ATTACHMENT 1
17Executive Recruitment Search CITY MANAGER City of Palm Springs, CA Copyright 2020ALLIANCE RESOURCE CONSULTING LLC All rights reserved. iiJaljpj;f;?;,,/j Ii 1,;;MJpjJ;f;;}ffi;jj;if$J};;f;;;}//;)~}}jj;;1)$;;;;};if)};fj8J;;;fj)j RESOURCE CONSULTl1.JG I.LC
18Executive Recruitment Search /\.1..Ll/\NC~E CITY MANAGER !:.f L. () !. • !, \ i ;. , ~ :·.J ':\I l ! ; '< · .. J ! t ( -City of Palm Springs, CA TABLE OF CONTENTS 1 Our Understanding ....................................................... 1 2 Firm Qualifications ........................................................ 1 2.1 Project Team .......................................................................... 1 2.2 Our Experience ....................................................................... 1 2.3 Advantages of Our Firm ............................................................. 2 3 Recruitment Methodology & Approach ............................... 3 3.1 Strategy Development .............................................................. 3 3.2 Active Recruitment .................................................................. 4 3.3 Candidate Evaluation ................................................................ 4 3.4 Progress Report Meeting ........................................................... 4 3.5 Preliminary Interviews .............................................................. 5 3.6 Client Interviews & Interview Books .............................................. 5 3.7 Special Assistance .................................................................... 5 4 Our Client's Role ........................................................... 6 5 Projected Timeline ........................................................ 6 6 Alliance Advantages ...................................................... 7 6.1 Technology ............................................................................ 7 6.2 Stakeholder Outreach ............................................................... 7 6.3 Diversity Outreach ................................................................... 8 6.4 Weekly Client Updates .............................................................. 8 7 Recruitment Costs ........................................................ 8 8 Alliance Summary ......................................................... 9 9 Contact Information ...................................................... 9 Appendix-A: Biographies .................................................. 11 Appendix-B: References .................................................. 12 ~ I I I
19/\ L L l /\ N C~ l~ ;u,()' 1._,, ;,,-Jq11:1'<-.;1!c 1-OUR UNDERSTANDING It is our understanding that the City of Palm Springs wishes to engage an executive search firm to assist in its City Manager recruitment. The City Manager serves as Chief Executive Officer of the City and the Executive Director of the Redevelopment Agency. He/She serves as an advisor to the City Council on policy items impacting the community and the City organization. 2 -FIRM QUALIFICATIONS 2.1 Project Team Executive Recruitment Search CITY MANAGER City of Palm Springs, CA Alliance Resource Consulting prides itself on its commitment to customer service to both the client and the candidates. In 2004, Alliance Resource Consulting acquired the national executive recruiting practice of MAXI MUS. We are committed to providing our clients with the highest caliber of service in the industry. Our team of dedicated professionals utilizes custom-built state-of-the-art technology in conducting a search. We are based out of La Palma, California. We also have consultants based in Palo Alto, California; Tallahassee, Florida and Seattle, Washington. Our current staffing is: Sherrill Uyeda -Founding Partner Cindy Krebs -National Director David McDonald -Regional Director, East Coast Sean Joyce -Regional Director, West Coast Syldy Tom -Manager Richard Kaplan -Research Consultant Sheryl Stewart -Research Consultant Linda Kann -Special Projects and Graphics Manager Sherrill Uyeda and Cindy Krebs will work on this recruitment. Biographies can be found in Appendix A and references can be found in Appendix B. 2.2 Our Experience We believe we are exceptionally well qualified to assist you. We have extensive nationwide experience recruiting executives for government agencies and special districts and have helped to place excellent people with diverse backgrounds and experiences in organizations large and small. Currently, we are recruiting for the Deputy City Manager for the City of Hermosa Beach, CA. In the past few years, we conducted the following recruitments for positions in the City Manager's office: • Deputy City Administrator -City of Issaquah, WA • Deputy City Manager -City of San Jose, CA • City Manager -City of Hawaiian Gardens, CA -1 -
20Executive Recruitment Search ALLl/\NC~~E CITY MANAGER City of Palm Springs, CA • Assistant City Manager -City of San Jose, CA • Assistant City Manager/Chief Operating Officer -City of Ventura, CA • Deputy City Manager, Administrative Services -City of Rancho Cucamonga, CA In addition, we have recently completed many other general social services recruitments for local government. Recently, we just completed the following: • Director of Human Services -Broward County, FL • Deputy Director, Department of Homelessness -City/County of San Francisco, CA • Director, Mayor's Office of Housing and Community Development -City/County of San Francisco, CA • Chief of Staff, District 7 -City of San Jose, CA Our ability to carry out the work required by your agency is enhanced by our past experience in providing similar services to others, and we expect to continue such work in the future. It should be noted that all of the recruitments listed above were completed on time and within budget. We will preserve the confidential nature of any information received from you or developed during our work on this recruitment 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 obtained, our recommendations and any written material we provide will be our best judgment based on the information available to us. 2.3 Advantages of Our Rnn Relative to your present search requirements, we believe the principal advantages in using Alliance Resource Consulting which differentiate us from other firms are: • Our track record of success in placing superior senior level executives in particularly sensitive and highly responsible/accountable positions. • Our specialization in public sector executive search on a nationwide basis. • Our extensive experience recruiting executives for government agencies and special districts. • Our PROACTIVE recruitment of candidates who may not be seeking new employment and would not normally respond to routine advertising and highly qualified candidates who might be overlooked by traditional recruiting approaches. • Our ability to develop and meet a recruitment timeline to flt your needs. • The fact that we assign two professionals to each recruitment to ensure we are always available to quickly respond to your most pressing requirements. • The quality of our work and the fact that most of our clients have retained our services on more than one engagement. • Our proven ability to identify and recommend qualified female and minority candidates. • The transparency of our recruitment process. We will prepare weekly updates for you throughout the peak of the recruiting process. • Our reputation among clients and candidates for timely communication and documentation (e.g., acknowledgement of receipt of candidate application, client status reports, candidate interviews, client meetings and candidate feedback). - 2 -
21Executive Recruitment Search ALLI/\f'..JC~E CITY MANAGER City of Palm Springs, CA • The thoroughness of our documented reference, internet and background checks. We request very specific references from candidates and supplement our reports with information gathered from available information sources such as Lexis Nexis and public records. Our ability to enhance the recruitment process through stakeholder outreach, the use of online surveys, and targeted research. • The fact that all of our graphics work is done in-house, saving our clients time and money. • Our promise to conduct the recruitment at the cost proposed. We have never charged a client more than our proposed amount. 3-RECRUITMENT METHODOLOGY &APPROACH Alliance Resource Consulting believes that we are an extension of your organization. As such, we work within your expectations and guidelines. Our objective is to find the best qualified candidates. While notices in professional journals may be helpful, many of the best candidates must be sought out and their interest encouraged. Our general familiarity with the organization, 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: • Develop the appropriate specifications for a position. • Encourage the interest of top-level people who would be reluctant to respond to advertisements. • Preserve the confidentiality of inquiries, consistent with State public disclosure and open meeting laws. • Save a considerable amount of time for client staff in developing and responding to candidates. • Protect the confidentiality of the information discussed with or received from the client. • Build consensus among those involved in the hiring process. • Independently and objectively assess the qualifications and suitability of candidates for the particular position for which we are recruiting. • Adhere to client's budget and schedule expectations. If you desire to retain us for a ful I and thorough recruitment process, we wi II do the fol lowing for your recruitment: 3.1 Strategy Development We will interview members of the Search Committee and other client contacts to obtain a detailed understanding of the position, key goals and challenges, and organizational culture. We will also discuss expectations regarding desirable training, experience and personal characteristics of candidates. In addition, should you request it, we will conduct/facilitate community outreach meetings and focus group discussions. We also have experience creating and managing community surveys, should the organization want input from its constituents. We will also gather/review relevant information about the organization, such as budgets, organization and/or department goals, organization charts, etc. Once our findings have been summarized, we will submit a Recruitment Profile with the desired qualifications and characteristics to you for approval. The Recruitment Profile that will be sent to potential candidates will include information about the organization, the job and the criteria established by you . • - 3 -
22Executive Recruitment Search Al .. L l /\ N CA E CITY MANAGER City of Palm Springs, CA 3.2 Active Reauitment Once you have approved the Recruitment Profile, we will actively seek out individuals who meet your expectations. To achieve the best response, we will take a two-prong approach to attracting candidates: 1. Direct Contact-We will mail invitations and recruitment profiles to targeted individuals in comparable organizations at the appropriate level. These invitations will be followed up with direct phone calls to potential candidates to gauge interest. 2. Advertisements -We will place job advertisements in the appropriate professional journals and on-line sites. As a matter of corporate policy, we do 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. A substantial percentage of the placements made by our firm have been minority or female candidates. Frequent communication with our clients is a hallmark of our firm. While consultants will provide regular updates on the progress of your search, you will also be able to access up-to-date 'real time' information regarding your search from our secure website. 3.3 Candidate Evaluation We will review, acknowledge and evaluate all resumes received. Candidate evaluation will begin with an analysis based upon criteria contained in the Recruitment Profile, information contained in the resumes submitted to us, and our knowledge of the people and organizations for which they work. The next phase in candidate evaluation will focus on gaining additional information from the qualified group of candidates through written supplemental information questionnaires and other resources. Telephone interviews will be conducted with the most promising candidates to gain a better understanding of their backgrounds, qualifications and interest in the position. 3.4 Progress Report Meeting After the resume deadline, we will submit to you a progress report of the leading candidates. This report will include summary resumes, supplemental information, and the original resumes of those 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, related experience and reasons for interest in the position. Any other specific information will be dictated by the criteria set forth in the Recruitment Profile. The purpose of our progress report is two-fold. It allows you an opportunity to review the candidates and choose those who you would like to invite to be interviewed for the position. It also allows us to receive feedback on the caliber of the candidates recruited. In addition, at this point we will have conducted preliminary background checks on each of the presented candidates. Of course, we are flexible and may consider other individuals as final candidates who are subsequently identified and were not included in the progress report.
23Executive Recruitment Search ALLIANC~E CITY MANAGER City of Palm Springs, CA 3.5 Preliminary Interviews We will interview (either in person or via video-conference) those candidates identified by you to be the leading candidates. We will conduct a preliminary interview with questions that focus on the selection criteria. Additionally, we will verify degrees and certifications and continue to gather information about the candidate's professional backgrounds. 3.6 Client Interviews & Interview Books We will assist you in scheduling final candidates for interview with your organization, and will send the candidates packets of information which we obtain from you should you request it (e.g., information about the organization and the geographic area, budgets, etc.). We will prepare final interview books for the selection panel. These books will include interviewing/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 also be on-site for the interview day(s). We will brief the interview panel at the start of the interviews and will facilitate the process throughout the day. After the last candidate interview, we will assist you in "debriefing" the interview panel members. As part of our process in evaluating 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. To gain a well-rounded impression of the candidates, we speak with current and prior supervisors, peers and subordinates. These references and our evaluations provide you with a frank, objective appraisal of the candidates. Once we finalize references on the top one or two candidates and conduct credit/criminal/civil litigation/motor vehicle record checks through an outside service, we will provide you with a detailed candidate evaluation report. 3.7 Special Assistance Our efforts do not conclude with 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. • Conducting a final round of reference checking with current employers (if not previously done for reasons of confidentiality). • Notifying those candidates who were not recommended for interview of the decision. Following up with the client and the selected candidate once he/she has joined the organization to ensure a smooth transition. -5 -
24Executive Recruitment Search ALLlAf'.JC~E CITY MANAGER City of Palm Springs, CA 4 -OUR CLIENT'S ROLE The client has a very important role in the recruitment process. While we may identify and recommend qualified candidates, it is the client who must make the decision about which candidate to hire. In order to insure 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 (e.g., salary, personnel issues, and other privileged information). • Supply us with the names of people you have previously interviewed/ considered for this position. • Forward us copies of the resumes you receive, to avoid duplication of effort. • Provide feedback to Alliance Resource Consulting regarding the information and recommendations provided byus. • Promptly decide upon and follow up in scheduling interviews with the most promising candidates. • Assist in providing information to candidates that will enable them to make their career decisions. • Uphold confidentiality (while respecting relevant state laws about open disclosure) to protect the integrity of the recruitment process, as well as the candidate's involvement. 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 1986 requires that all employers verify an employee's eligibility to work in the United States. Since Alliance Resource Consulting cannot serve as your agent in this matter, your hiring process should include this verification procedure. 5 -PROJECTED TIMELINE The following is a typical schedule to conduct a thorough recruitment. However, we would be pleased to modify this to meet your needs: 1stWeek 2nd -3rd Week 4th -7th Week 8th -9th Week 10th Week 11th Week Following Interviews Meet with the appropriate individuals to gather background information. Develop and obtain approval for the Recruitment Profile. Develop a list of potential candidates to target. Prepare and place advertisements, if desired. Active recruitment--solicit, receive and acknowledge resumes. Evaluate resumes and gather supplemental information. Submit progress report and meet with you to review leading candidates. Verify degrees and certifications and interview the best qualified candidates. Submit final report and initiate the interview process with you. Conduct references, credit/criminal/civil litigation/motor vehicle record checks, and assist with negotiations. - 6 -
25/\LLl/\NCl~ F.I ''.)1,h,·t ·. ·1•;ql[ 11'"'; !H" Strategic Development Active Recruitment Candidate Evaluation Progress Report Client Interviews Negotiations ..... u 0 °' .-i ..... u 0 '° N > 0 z N > 0 z °' > 0 z '° .-i > 0 z M N 6-ALLIANCE ADVANTAGES 6.1 Technology > 0 z 6 (") u (1.) 0 ~ u (1.) 0 ~ Executive Recruitment Search CITY MANAGER u (1.) 0 ~ N City of Palm Springs, CA I Alliance Resource Consulting is proud to announce the launch ofour new client/candidate management system. This cutting edge system allows candidates to upload their resumes and cover letters on our website with one quick click. (For candidates who wish to email or mail us a hard copy of their resume, we will upload the information for them.) One of the benefits of our system is that it enables our consultants to contact the applicants and clients quickly with accurate and timely information. In addition, we utilize social media to best market the recruitment. We have active accounts on Linkedln, Twitter and Facebook. The use of social media allows us to contact our network and "followers" to alert them to our recruitment announcements, informational updates and reminders. It allows us to stay one step ahead of our competitors. Alliance Resource Consulting is always searching for new ways technology can help us save our client's money. One way we do this is by using Skype or Facetime to interview out of area candidates. Our innovative ways have set us apart from our more traditional competitors. We are able to interact with our candidates swiftly and effectively. 6.2 Stakeholder Outreach Our firm has used several methods, including stakeholder meetings, community forums and surveys, for stakeholder outreach in a number of previous recruitments. For example, for the previous City of San Jose City Manager recruitment, our consultants facilitated 13 community outreach meetings where citizens were invited to attend and express their opinions about what they were looking for in city manager candidates. For the City of Alexandria's City Manager recruitment, we also met with special interest groups such as business leaders, Chamber of Commerce members and historic preservation groups. During the recruitment of the City Administrator for the City of Huntington Beach (CA), the consultants met with each councilperson, each department head, conducted an open citizen forum and a forum for a group of stakeholders comprised of two citizens recommended by each councilperson. For the City Manager recruitment conducted for the City of Moreno Valley (CA), the consultants conducted a community panel as well. Our previous experience in stakeholder outreach makes our firm very qualified to conduct the meetings with the Mayor's Office and City Council Members as well as facilitate multiple stakeholder outreach forums throughout the City that your request for proposal outlined. - 7 -
26Executive Recruitment Search 1-\. L L l /\ N C~ l~ CITY MANAGER City of Palm Springs, CA Lastly, our firm has significant experience in creating community surveys should you wish to provide this option to your community. We have utilized surveys for many of our recruitments and can prepared them in different languages, if required. The surveys can be accessed on-line, or at our office and our client's office. 6.3 Diversity Outreach Striving for diversity in our recruitments is a hallmark of our firm. We use a variety of sources for outreach to various minority communities to ensure the desired diversity of our candidate pool. In addition to our personal contacts in various minority communities, we advertise our positions in publications that target minorities in government and further publicize the position through minority organizations such as Blacks in Government and the International Hispanic Network. To ensure a diverse pool, we also create a recruiting list of qualified candidates from communities that have a comparable level of diversity as our client's community. We have created lists for comparable diversity during recruitments for the City Manager for the City of Compton (CA), the City of Tigard (OR), theAssistantCityManager/ChiefOperatingOfficerfortheCityofVentura (CA),and the Assistant City Manager for the City of Irvine, CA. The final pool for the City of Irvine included three women among the six finalists. We also collect Equal Employment Opportunity (EEO) information on our candidate pool. This information is accessible to our clients in real time on our company website. 6.4 Weekly Client Updates Our consultants provide our client contacts written recruitment updates on a weekly basis. These updates include work done that was completed during the week and what we expect to work on the following week. 7 -RECRUITMENT COSTS We propose a fixed fee of $30,000 for the work outlined above, which includes up to three main meetings: one to develop the Recruitment Profile, one to present our Progress Report, and one to attend the first round of candidate interviews. If additional on-site meetings, community meetings, or stakeholder outreach forums are required, an additional fee of $2,000 per meeting will be added. Please note that this amount does not include reimbursement of candidates who travel to be interviewed by you. Unless you notify us to the contrary, we will assume that you will handle these reimbursements directly. Our fee will be split among four equal invoices. All invoices are due and payable upon receipt. We do NOT base our fees on a percentage of the position's salary. Our billing schedule on a retained fee (and based not on an hourly rate) is as follows: 1st Billing Due after Start Meeting First Phase 2nd Billing Due upon our submittal of a Second Phase draft recruitment profile 3rd Billing Due after we meet and submit Third Phase our Progress Report to you 4th Billing Due after the client conducts interviews Fourth Phase with finalists Please note that this is a standard billing schedule and can be modined as requested. -8 -I $7,500 $7,500 $7,500 $7,500
27Executive Recruitment Search ALLl,1\.f'.JCE CITY MANAGER City of Palm Springs, CA You may discontinue this assignment at any time by written notification. In the unlikely event that this occurs, you will be billed for all expenses incurred to the date of the cancellation, and for professional 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. In the event that the Client hires, within one year of completion of this recruitment project, any candidates identified during the Progress Report as a result of Consultant's recruitment project for any position other than the City Manager, the Client agrees to pay Consultant a fee of $10,000 for each additional candidate hired. Guarantee If the selected candidate (recommended by us for hire, and excluding internal candidates) should be terminated within one year from the date of hire, we will conduct a new search at a 25-50% discount from the original fee, in addition to reimbursement for direct expenses related to the new search. 8 -ALLIANCE SUMMARY Thank you for reviewing our proposal. Shou Id you decide to retain Alliance Resource Consulting for your executive search needs, we will do the following: • Partner with you and act as an extension of your organization. • Define a recruitment strategy and timeline, develop a recruitment profile and attract/research prospective candidates. • Conduct a multi-layered candidate screening analysis on the applicants. • Communicate frequently and on-time with both the client and candidates. Our firm's motto is "the Power of Partnership" and we are committed to adding value to your organization's goals and mission. We bring an ethical, transparent and well-documented recruitment process to all our clients. 9-CONTACT INFORMATION Sherrill Uyeda Office: (562) 901-0769 x331 Fax: (562) 901-3082 Cell Phone: (310) 592-8847 E-mail: suyeda@alliancerc.com Cindy Krebs Office: (562) 901-0769 x336 Fax: (562) 901-3082 Cell Phone: (949) 212-2461 E-mail: ckrebs@alliancerc.com - 9 -
28/\LLIANC~E ALLIANCE RESOURCE CONSULTING LLC HEADQUARTERS 1 Centerpointe Drive, Suite 440 La Palma, CA 90623 TALLAHASSEE, FLORIDA SEATTLE, WASHINGTON www.allianceRC.com twitter.com/GoAllianceRC DAiiiance Resource Consulting LLC Executive Recruitment Search CITY MANAGER City of Palm Springs, CA • -10 -
29/\1-.l.l/\NC~E APPENDIX-A BIOGRAPHIES Sherrill A. Uyeda -Founding Partner Executive Recruitment Search CITY MANAGER City of Palm Springs, CA Sherrill Uyeda has over twenty years of public sector executive search experience. She began her career in executive search in 1998 and from 1999 to 2004, Ms. Uyeda was an executive search consultant with MAXI MUS, a leading government consulting firm which assists state, federal and local governments. In 2004, along with Eric J. Middleton, she founded Alliance Resource Consulting LLC. Since 2007, Ms. Uyeda has been instrumental in expanding the organization's presence to include regional offices in Palo Alto (CA), Tampa (FL) and Seattle (WA). She fosters an environment of frequent communication to both clients and candidates and transparent and ethical recruitments on a timely basis. Her leadership and collaborative skills have led to an impressive hiring and retention rate. Ms. Uyeda's track record of recruiting high-profile government executives across the nation in various industries include: city and county management, transportation, utilities, human resources, library services, building and planning, economic development and pension and retirement systems. Past clients for nationwide recruitments have included the City/County of San Francisco (CA), the County of Los Angeles (CA), Arlington County (VA), Broward County (FL), the City of Atlanta (GA), the City of Alexandria (VA), the City of Boston (MA), the City of Dallas (TX), and the City of San Jose (CA). Past retirement systems she has recruited for are: Contra Costa County Employees Retirement Association, Fresno County Employees Retirement Association, Kern County Employees Retirement Association, Marin County Employees Retirement Association, Santa Barbara County Employees Retirement System, and Sonoma County Employees Retirement Association. Additional areas of expertise include: facilitating community forums and outreach meetings, conducting multi-lingual citizen surveys and compensation and benefits negotiations. Ms. Uyeda graduated from the University of Southern California, with both a Bachelor of Arts degree in Communication Arts and Sciences and a Master of Public Administration degree. She is a member of the Society for Human Resources Management. Cindy Krebs -National Director Cindy Krebs joined Alliance Resource Consulting in 2012 after serving more than 25 years as a high level manager and principal consultant for local governments, regional agencies and special districts. The experience she gained while working in the public sector gives Ms. Krebs a unique understanding of the complexities associated with public service careers as well as a strong appreciation for people who choose to dedicate themselves to improving the communities they serve. Ms. Krebs is highly adept at working with executive management teams, Board members, and community/special interest groups. In the eight years since joining Alliance, Ms. Krebs has directed several high profile recruitments, placing 20 retirement agency executives, 46 water agency leaders, and more than 75 city/county employees spanning virtually every department and discipline. She has also helped to place individuals in unique positions at several agencies and assisted with over 100 other searches, cultivating countless professional relationships along the way. Ms. Krebs graduated from Baker University with Bachelor of Art degrees in both Communications and Spanish. She is also a graduate of CORO's Orange County Leadership program. Ms. Krebs is fluent in Spanish and proficient in French and Italian. She is a dedicated community volunteer who loves outdoor activities.
30ALl.lA['-..JC~E APPENDIX-8 REFERENCES City of Glendora, CA Name: Victoria Cross Title: Director of Human Resources & Risk Management Phone#: (626) 914-8204 City of Hermosa Beach, CA Name: Vanessa Godinez Title: Human Resources Manager Phone#: (310) 318-0202 City of Lynwood, CA Name: Cynthia Stafford Title: Director of Human Resources & Risk Management Phone#: (310) 603-0220 x 221 Executive Recruitment Search CITY MANAGER City of Palm Springs, CA • -12 -
31EXHIBIT "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 55575.18165\32900156.2 Revised: 5/1 /20
32INSURANCE 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 Scope 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 -f-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 55575.18I65\32900156.2
33contribution 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 AM. 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 pe,formed 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 5575.18165\32900156.2
34D. 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: 5/1/20 55575.18 I 65\32900 I 56.2
35ATTACHMENT 2
361. 2. 3. 4. 5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Name of Entity r/1/r~ace rk'e .s~rC<' Ci:;?rlsWlh~ UC. Address of Entity (Principle Place of Business) I c:enlerp:?tnft:. ,G}-r': .sk. 440,~ P~/ ,nc:::;;, r Ori Locai or California Address (if different than #2) State where Entity is Registered with Secretary of State ~ 90~,,,;,3 If other than California, is the Entity also reaistered in California? n Yes n No Type of Entity 0 Corporation .,0"iimited Liability Company D Partnership O Trust O Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity s2?~·11 Wrn;t r. ,t:J. ~r9t-e:?d~ ,00fficer D Director D Member D Manager [name] D General Partner D Limited Partner •Other uyedq ):3 Officer D Director D Member D Manager [name] D General Partner O Limited Partner •Other D Officer D Director D Member D Manager [name] D General Partner D Limited Partner •Other CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 09 13 18)
37I i I 7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity EXAMPLE JANEDDE 50%, ABC COMPANY, Inc. (name of owner/investor] [percentage of beneficial interest in entity and name of entitvl A. .£,h-e1A77/ I II. n14'frc,U-t:::::1rcll-"7tJ% ,:;,11,~ /k,~~ ~:;;uth~ tc~ [name of owner/investor] [percentage of beneficial interest in entity and name of entitv] 8. VY~ R'f/t'~~ ~~~ u?"~ 7. _go't, ~t-<lhrJ [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] 0. [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl E. (name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date (Revised 09 13 18) ~-CITY OF PALM SPRINGS -PUBLIC JNTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2