Loading...
HomeMy WebLinkAbout05564 - ROBERTS CONSULTING GROUP FINANCE DIRECTOR RECRUITMENT DOCUMENT TRACKING Page: 1 Report: One Document Detail 0411 6/2 0 0 9 Condition: Document Number a5564, Document# Description Approval Date Expiration Date Closed Date A5564 Executive Search-Finance Director 10/07/2007 01/06/2003 Company Name: Roberts Consulting Group Address: , Group: ADMINISTRATION C ntr�act—Amt. Total Paid Balance Service: In File $24,900,00 $24,900,00 xRef: TROY BLITZLAFF (760) 323-8202 Ins. Status: EXPIRED-Letter Printed 04/02/2009 bocutmeatTracking Items: Due Completed Tracking Amount Amount Cade Item Description Date Date Date Added P�yi kdh under$25 CM may auth 10/07/2007 $24,900.00 kdh distrib to Marilynn W IN FILE 10/08/2007 x * " END OF REPORT * * * * * * i i CONSULTING SERVICES AGREEMENT Roberts Consulting Group, Inc. THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this 6"' day of September, 2007, by and between the City of Palm Springs, a California charter city and municipal corporation("City"), and Roberts Consulting Group, Inc., a California Corporation("Consultant"). RECITALS A. City needs to conduct an employee recruitment to fill the soon to be vacant position of Director of Finance and Treasurer("Project"). B. Consultant is an experienced executive recruiter having managed or conducted in excess of 3,000 senior level recruitments for public agencies throughout the United States, C. Consultant has submitted a proposal dated August 2, 2007 to conduct an extensive recruitment and assessment of potential candidates for this position. D. Based on the Consultant's experience, qualifications, and reputation, City has .determined that Consultant is qualified to conduct an executive recruitment and desires to retain Consultant for the Project. NOW,THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide all labor and materials necessary to complete the Project as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement,the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules, and regulations promulgated thereunder. 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 Revised:101112007 0P[G!NP,L n?�C) i 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 tinder 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 perfonmance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. 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. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A," which total amount shall not exceed $24,900. 3.2 Method of Payment. Consultant shall be paid in three (3) equal installments as set forth in Exhibit "A", Consultant shall submit to City an invoice, in the form approved by City's finance director, for services rendered. City shall make a good faith effort to pay Consultant 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, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terns of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; 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.opriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:10/1/2007 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten(10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain 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, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in fall force and effect for a period of one hundred twenty (120) days, commencing on September 6, 2007, and ending on January 6, 2008, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Norm Roberts, Principal. 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 hereunder. 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 his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder 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. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be as or transferred, voluntarily or by operation of law,without the prior written approval of City. 3 Revised:101112007 i 5.4 Independent_Contractor. 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 herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor 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. 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference. 7. 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 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, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees,representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. 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 hereunder. S. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require, 8.2 Records. 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 and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its fall rights or 4 Revised: 10/1/2007 ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 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 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 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 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 and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 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 and the exercise by either party of one or more of such rights or remedies 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 patty. 9.4 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. 9.5 'Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that 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 hereunder except such as may be specifically approved by 5 Revised, 10/1/2007 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 thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITSC 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 atnount which may become due to the Consultant or its successor,or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status,disability, sexual orientation,national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either parry 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. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant; Roberts Consulting Group,Inc. Attention: Valerie Roberts,President 41905 Boardwalk, Suite T-345 Palm Desert,California 92211 11.2 Integrated A reement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. 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 hereunder. 6 Revised: 10/1/2007 i 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this j Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] i I I 7 Revised:10/112007 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: \o•�. David H. Ready, JD City Manager — ` ATTEST APPROVEDAS TO FOM es Thompson, B . ' iL�✓ ity Clerk 1 /a8 Po b 7 i , roue: "CONSULTANT" Roberts Consulting Group Inc. Date: l 0l2- I b 7 By : (/ ✓°'���. 1 c- r�� President Date: / b/ z I 0 7 Secretary APPROVED BY CITY MANAGER 8 Revised:10/1/2007 �JYJ�.`r Y �� IyIY r..in tii.. u 1 6+uh'�ninw�wwr.wnnnr.r�mrurw��..�..����.� rvJ EXMBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 9 Revised:9/26/2007 RoBiERTs CONSUL-rING GRo'%rP hT,C I August 2,2007 VIA F'EDE i CO1VF'1"1J�'1VTTAJ Mr. David Ready City Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear David: Iu response to your request,R013ERTS CONSULTING GROUP,INC. is pleased to submit this proposal to assist the City of Palm Springs in recruiting and evaluating candidates for the position of Director of Finance and Treasurer. In this proposal we outline our general understanding of your requirements and present the process we propose to conduct this recruitment, It is a process we have successfully utilized for more than 20 years. However,if you desire some modification,we would be pleased to discuss this with you. We look forward with great interest to working with you on this very important assignment. Sincerely, e;Z c� Valerie S. Roberts President VSR/sf I' i i 41905 Boardwalk, Suite 7-345, Palm Desert, CA 92211 'ral: (760) 200-4343 Fax: (760) 200-4395 Email:robertsrcg@msn.com � TABLE OF CONTENTS Why ROBERTS CONSULTING GROUP? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Statement of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Client's Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Proposed Time Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Fees and Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Exhibit A—Biography for Dorman C.Roberts Exhibit B—Biography for Valerie S. Roberts WHY ROBERTS CONSULTING GROUP? The primary objective of ROBERTS CONSULTING GVOUP,INC. is to provide our clients with unsurpassed excellence in executive recruitment. Accepting only a limited number of recruitments,we are able to provide senior level,hands on service of the highest quality. I^rom ascertaining our client's needs,to identifying and recruiting uao lifted candidates,and extensively verifying background information,the work is conducted by senior level consultants with numerous years of experience and judgment. We are also skilled in negotiating final offers, increasing the likelihood of successfully hiring the desired candidate. Norm Roberts pioneered the field of public sector recruitment more than.30 years ago. Dud rig his career,he has managed/conducted in excess of 3,000 senior level recruitments. I have over 20 years of executive recruitment experience,having co-founded and managed Norman Roberts &Associates, Inc.,then the largest search firm in the U.S. specializing in public sector recruitment. The majority of our clients have hired us on numerous occasions,including one California county having hired us more than 40 separate times. Our firm has extensive experience recruiting senior level finance executives. For example, during the past three years we recruited the Chief Financial Officer for Orange County, two Board Members for the Governmental Accounting Standards Board(GASB),the Deputy General Manager(Finance and Administration)for the Long Beach Water Department,both the City Controller and the Treasury Operations Officer--Investments for the City of Long Beach,the Budget Officer for the City of Pomona, and both the Auditor-Controller and Independent Budget Analyst for the City of San Diego(another candidate of ours for the position of Independent Budget Analyst was subsequently hired by the Mayor as the Chief Financial Officer for the City of San Diego). Previously,Norm Roberts managed and/or conducted senior level finance recruitments for: the Financial Accounting Foundation (this includes all current Board Members for the Governmental Accounting Standards Board and one Board Member for the Financial Accounting Standards Board); the counties of Broward (FL),Los Angeles,Monterey, San Diego and San Mateo; the cities of Beverly hills,Burbank, Cincinnati(OH), Corpus Christi(TX),El Paso (TX' , Gardena, Glendale and Palo Alto, among others; Alameda Corridor Transportation Authority, State of California(Auditor-General),California Franchise Tax Board,Central Ohio Transit Authority, District of Columbia Water and Sewer Authority,East Bay Municipal Utility District, Government Finance Officers Association,Los Angeles County Transportation Commission,Los Angeles County+ University of Southern California Medical Center,Los Angeles Department of Water and Power,Metropolitan Water District of Southern California, and the Port of Oakland, among others. Finally,Norm Roberts has conducted numerous recruitments in Riverside County. We are currently conducting a senior level recruitment for Riverside County and recently completed three other recruitments for the County. In addition,we recruited the President(CEO for the Palm Springs Desert Resorts Convention and Visitors Authority. Prior clients in Riverside County have included: the cities of Palm Springs,Desert Hot Springs,Hemet,Moreno Valley,Norco,Palm Desert,Perris,Redlands,Riverside and San Jacinto;the Agua Caliente Tribal Council;Eastern Municipal Water District; Inland Empire Economic Partnership; Inland Empire Utilities Agency; and Riverside County Transportation Commission. We believe the primary advantages in utilizing our firm, and what may differentiate us from others,include our: ■ Proactive recruitment of candidates who may not be seeking new positions and would not normally respond to routine advertising,or who may come from non-traditional sources. ■ Familiarity with Palm Springs from prior recruitments conducted for the City,as well as from being headquartered in the Coachella Valley, ■ Track record of success in placing senior level executives in particularly sensitive and highly responsible/accountable positions. ■ Quality of our work—indicative of this is the fact that,over the years,most of our clients have utilized our services on more than one occasion,and many have hired us numerous times. ■ Proven ability to identify and recommend qualified female and minority candidates. ■ Ability to conduct a recruitment in a timely and complete manner. ■ Thoroughness in conducting reference and background checks—we are very specific in the reference names we request from candidates. Norm Roberts will be the on-site person responsible for this assignment and will be assisted by me. Our biographies can be found in Exhibits A and B. STATEMENT OF WORK Our objective is to find the best qualified candidates for our clients. While notices in professional journals may be helpful,many of the best candidates must be sought out and their interest encouraged. Our knowledge of the field and our relationships with professional organizations make us well qualified to assist you. Page 2 of 7 Our clients have found that we are able to: 1)develop the appropriate specifications for a position;2)encourage the interest of top-level people who would otherwise be reluctant to respond to an advertisement; 3)preserve the confidentiality of inquiries,consistent with State public disclosure and open meeting laws;4)save a considerable amount of time for client staff in developing and responding to candidates;and 5)independently and objectively assess the qualifications and suitability of candidates for the particular position for which we are recruiting. If selected to conduct this recruitment,we will do the following: Infurmadon Gathering andAnalysis We will meet with you and other appropriate individuals to obtain views of the position and expectations regarding desirable training,experience and personal characteristics of candidates. We will also gather/review relevant information about the City and the position, such as budgets, organization charts,etc. After summarizing our findings,we will submit a draft Recruitment Brochure with the desired qualifications and characteristics for your approval. The Recruitment Brochure that will be sent to potential candidates will include information about the City, the job and the criteria established by you. Candidate Recruitment/Oatreach Once you have approved the Recruitment Brochure,we will proactively seek out individuals with superior qualifications and invite and encourage their interest. Announcements can be placed on- line and in professional journals. However,we will rely heavily on our own experience and contacts. We will not discriminate against any applicant for employment on the basis of race,religion, creed,age,color,marital status, sex, sexual preference, disabilities,medical condition,veteran status or national origin. A substantial percentage of the placements made by us over the years have been minority and/or female candidates. Inidai Screening We will review,acknowledge and evaluate all resumes received. Initial screening will be based upon criteria contained in the Recruitment Brochure,information contained in the resumes submitted to us,and our knowledge of the people and organizations in which they work. Telephone screening will be conducted with the most promising candidates to gain a better understanding of their backgrounds. Page 3 of 7 Interim Reorting Upon completion of our initial screening,we will assemble and submit a report:of the leading candidates. This report will include summary resumes,supplemental information, and the 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 Brochure. The purpose of our interim report is to allow our client an opportunity to review the candidates prior to the conclusion of the search,and it allows us to receive feedback on the caliber of the candidates recruited. In this way, you will not be surprised by the candidates,as you will have seen their qualifications prior to the final interviews. Of course, we are flexible and may consider other individuals as final candidates who are subsequently identified and were not included in the interim report. Candidate Assessment We will interview(either in person of via video-conference)those candidates whose qualifications most closely match the criteria established by you. We will examine their qualifications and achievements in view of the selection criteria. Additionally,we will verify degrees and certifications and gather newspaper articles via the Internet. 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. These references and our evaluations provide you with a frank,objective appraisal of the candidates. We will conduct preliminary references on candidates to be interviewed, and will finalize these for the top one or two candidates. Client.raterviewine 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(e.g, information about the organization and the geographic area,budgets,etc.). We will prepare a brief written report for those candidates most nearly meeting your specifications,and will provide you with intexvievrxng/selection tips,suggested interview questions,and rating forms for your use. Candidates will not be ranked,for we believe it will then be a matter of chemistry between you and the candidates. We will conduct a"briefing session"immediately preceding your interviews to make sure that the process flows smoothly, and will assist you in a"debriefing"immediately following the interviews. Once we finalize references on the top 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, supplemental written report. Page 4 of 7 Additional ConsaltawAssistance Our efforts do not conclude with the presentation of the final report. We are committed to you until a successful placement is made. Services that are routinely provided include: ■ Arranging the schedule of interviews and the associated logistics for final candidates. • Advising on starting salary,fringe benefits,relocation trends and employment packages. ■ Acting as a liaison between client and candidate in discussing offers and counter offers. ■ Conducting a final round of reference checking with current employers(if not previously done for reasons of confidentiality). Notifying uusuccessful candidates,who were not recommended for interview, of the decision. THE CMNT'S ROLE We work in partnership with our clients in conducting a search. While we may identify and recommend qualified candidates, it is the client who must make the decision about which candidate(s)to hire. In order to 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 to us copies of the resumes you receive,to avoid duplication of effort. ■ Provide feedback regarding the information and recommendations provided by us. • Promptly decide upon and follow up in scheduling interviews with the most promising candidates. ■ Assist in providing information to candidates that will enable them to make their career decisions. By doing the above,we will maximize the likelihood of mutual success. Finally,please be reminded that the United States Immigration Reform and Control Act of 1986 requites that all employers verify an employee's eligibility to work in the United States. Since we cannot serve as your agent in this matter,your hiring process should include this verification procedure. Page 5 of 7 PROPOSED TIME SCHEDULE The following is a typical,schedule to conduct a thorough recruitment. However,we would be pleased to modify this to meet your needs: Weeks 1 to 4 Meet with you and other appropriate individuals to gather background information. Develop and obtain approval for the Recruitment Brochure. Develop a list of potential candidates to target. Prepare and place advertisements. Weeks 5 to 8 Proactive recruitment—solicit,receive and acknowledge resumes. Week 9 Evaluate resumes and gather supplemental information. Week 10 Submit interim report and meet with you to review leading candidates. Weeks 11 and 12 Verify degrees and certifications,conduct preliminary references and interview the best qualified candidates. Week 13 Submit report on final candidates and initiate the interview process with you. Following Interviews Finalize references, conduct credit/criminal/civil litigation/motor vehicle record checks, and assist with negotiations. PEES AND EXPENSES We propose a total fixed fee of$24,900 for this recruitment,which includes our firm's expenses. Our budget provides for the following meetings with the client: 1)to develop the Recruitment Brochure;2)to present the Interim Report; and 3)to attend interviews of final candidates. Please note that our budget does not include reimbursement of candidates who travel to be interviewed by you. Unless you notify us to the contrary,we will assume that you will handle these reimbursements directly. We w91 submit three equal invoices for fees, due and payable within 30 days. Our first billing will be upon submission of the draft Recruitment Brochure,the second at the deadline for receipt of resumes,and the third upon presentation of our report on the day of interviews. Though we are committed to working with you until a placement is made, our fees are not contingent upon our success in placing a candidate with your organization. And,in the event that more than one executive is hired in connection with work performed by us (i.e.,for another position within your organization), a negotiated fee will be due for each executive hired. Page 6 of 7 You may discontinue this assignment at any time by written notification. In the unlikely event that this occurs,you will be billed for fees based upon the time elapsed from the commencement of the assignment to the date of cancellation. If 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 Bull. Our ability to catty out the work required is heavily dependent on our past experience in providing similar services to others, and we expect to continue such work in the future. We will, however,preserve the confidential nature of any information received from you or developed during the work in accordance with our established professional standards. We assure you that we will devote our best efforts to carrying out the work required. The results obtained, our recommendations and any written material we provide will be.our best judgment based on the information available to us and our liability, if any, shall not be greater than the amount paid to us for the services rendered. ACCEPTANCE If this proposal meets with your approval,please sign below as written authorization to proceed. ACCEPTED FOR THE CITY OF PALM SPRINGS, CA Name: Title: Signature: Date: Page 7 of 7 . .... . .. . ..... .. . . .. . . .. EXHIBIT A NORMAN C.ROBERTS Norman Roberts pioneered the field of public sector recruitment over 30 years ago. During his career,he has managed more than 3,000 senior level recruitments. In addition,he has also provided other management consulting services for numerous local governments. Mr.Roberts co-founded ROBERTS CONSULTING GROUP,INC. in March 2003 to provide consulting services to local governments. Previously,he co-founded and,for 11 years,served as President of Norman.Roberts &Associates, Inc., then the largest search firm in the U.S. specializing in public sector recruitment. He became a Vice President with Maximus,Inc.when the firm was acquired in April 1999,and continued in that role until March 2003. Prior to establishing Norman Roberts&Associates in 1988,Mr. Roberts was a Senior Vice President of Korn/Ferry International(KFI). He joined l(Fl in 1976 and was founder and manager of the firm's national public sector,not-for-profit, education and healthcare executive search practices.Among the many placements made by Mr.Roberts was the President of the Los Angeles Olympic Organizing Committee, Mr.Peter Ueberroth. Mr.Roberts was previously employed for five years by Arthur D. Little,Inc. (ADL), where he conducted general consulting assignments and recruited executives for local governments and associations. Before joining ADL,Mr.Roberts was a senior consultant with Peat,Marwick, Mitchell&Co., during which time he managed several major consulting engagements to provide management assistance to public agencies. For three years before this,he was a senior member of the Executive Director's staff of a federally funded program with a$60 million annual budget. Previously,he was Assistant City Administrator of the City of Lomita. He began his career as a staff assistant to the City of Los Angeles' Board of Public Works. Mr.Roberts received a Bachelor of Arts degree in Political Science from the University of California,Los Angeles(UCLA),and a Master's degree in Public Administration from the University of Southern California(USC). In the book The Career Makers,which profiles the top 150 executive recruiters in the nation,Mr. Roberts was ranked as the leading recruiter for both Government Agencies/Municipalities and Engineering. He was among the top ten for Transportation, MIS/Computer Operations, and Women/Handicapped/Minorities, as well as being named a leader in several other areas, including Associations/Societies/Non-Profit Organizations,Health Services/hospitals,Universities/Colleges/Schools, Public Relations/Government Affairs,Legal,Law/Accounting/Consulting Firms, Construction and Retail. Mr.Roberts is a Past President of both the Los Angeles and San Francisco chapters of the American Society for Public Administration(ASPA) and,in I988, he received the Will Baughman Award for distinguished service to ASPA. He was an Advisory Board Member and Past President of the California Executive Recruiters Association(CERA), and a member of the International City/County Management Association(ICMA), Western Governmental Research Association(WGRA)and the International Personnel Management Association(IPMA). He is currently on the Advisory Board for the School of Public Policy,Planning and Development at the University of Southern California,and is a member of the Government Finance Officers Association(GOA). He also served on the Board of Children's Institute International and is a Past President. Mr.Roberts has authored numerous articles and spoken before national organizations on the subject of personnel issues. EXHIBIT B VALERIE S.ROBERTS Valerie Roberts is co-founder and President of ROBERTS CONSULTING GROUP, INC.The firm was formed in March 2003 to provide consulting services to local govemmeats. In 1988,she was co-foundcr and Executive Vice President of Norman Roberts &Associates, Inc.,then the largest executive search firm in the U.S. specializing in public sector recruitment. She had management responsibility for all recruitments conducted by the firm, including developing systems,reviewing all consultant work,and marketing. Maximus,Inc. subsequently acquired Norman Roberts &Associates, and she continued with them until March 2003_ Previously, Ms. Roberts held the position of Assistant to the President of the Arden Group,a$360 million holding company with interests in supermarkets and telecommunications. Prior to joining Arden, Ms. Roberts spent five years as a management consultant with Management Systems Consulting Corporation and Theodore Barry&Associates, specializing in management development, strategic planning and organizational development. While in graduate school,Ms.Roberts was a Young Presidents' Organization(YPO) intern with Korn/Ferry International and then continued with them as an Associate. She worked on executive search assignments in the areas of financial services,public sector and within the general practice. Ms.Roberts received a Bachelor of Arts degree from Colorado Women's College(now a part of the University of Denver),where she was valedictorian and graduated summa cum laude. She earned a Master of Business Administration degree from the University of California,Los Angeles ((JCLA),with emphasis in finance and strategic planning, and is a member of Beta Gamma Sigma. Ms.Roberts was a member of the California Executive Recruiters Association,and was active in fundraising efforts sponsored by the Board of Governors of Cedars-Sinai Medical Center and the California Special Olympics. She was also on the Steering Committee for Big Sunday(a Los Angeles county-wide effort to promote volunteerism). Currently, she serves on the Board of two charitable foundations. She is also a member of the International Guild of Miniature Artisans. 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) 10 Revised!9126/2007 Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City, 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 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 extension thereof, and 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. A. Minimum Scone of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. 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; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. �p_,.,, ,:..1.:7:«.. r,.._..,.,, 4. 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$1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City,its elected officials, officers, employees, agents, and volunteers. B.— Erren—im4- 41ni i rage. Arco ra[le __« ..haI4 .Ise insumee in the-aixiOUFA fe": 4 by this Agreefftent-4"evef elai.._.. ..,..ade ,;thia.*a_ e-yyear9-4 1 I Revised:9/26/2007 it aWi" T*%-iFaaee$&wmge w:ai. ate`�"r�ni�Cnzzux�vrugakvklC'A '00 '"'eFa W'V'k1:11-kIl@71'1'eI-e6k).�'pa � prey-id e i-ai-cvisk 4fll3k}}{+_r&N'e5P_ C. Stifficiency of Insurers. Insurance required herein sball 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 13++, Class VII,or better,unless otherwise acceptable to the City. D. 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: 1. "The City of Palm Springs, its offcials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No.—" or 'for any and all workperformed with the City"may be included in this statement)- 2. "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). 3. "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. 4. 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. 12 Revised:9/26/2007 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 conunencemeat of work shall not waive the Consultant's obligation to provide them. E. Deductibles and Self-Insured Retentions_ Any deductibles or self-insured retentions must be declared to and approved by the City prior to colmnencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, 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, F. 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. 13 Revised:9/26/2007