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CM Executive Recruitment for Public Works DirectorAGREEMENT FOR PROFESSIONAL SERVICES FOR EXECUTIVE RECRUITMENT SERVICES FOR PUBLIC WORKS DIRECTOR This Agreement is made and entered into this 25" day of March, 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and W. BROWN CREATIVE PARTNERS (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City desires expert services for the promotion, recruitment and selection process associated with the key executive position of Director of Public Works; and WHEREAS, W. Brown Creative Partners brings extensive experience in local government and executive search, including recruitment for the County of Marin, among many other California counties and cities. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows. I _ PROJECT COORDINATION. A. CITY'S Project Manager. The City Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Wendi Brown is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. ?. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "1" attached and incorporated herein. L -f 3 - In 15 C DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit" I " attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "1" attached and incorporated herein, in a total amount not to exceed $19,900.00 including reimbursement of expenses. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. The term of this Agreement shall be for (6) months commencing on March 25, 2016 and ending on October 24, 2016. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of (6) months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. Unless CITY terminates for cause related to CONTRACTOR'S performance of services or compensation payable hereunder, upon termination CONTRACTOR shall be paid for all services rendered prior to termination. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. l 0. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person. CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance cmerage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option. the deductibles or self- insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT NIANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and f3 xcerpts of policv language or specific endorsements evidencing, the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations tinder this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City indemnitees. the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Ci% it Code Section 3782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. i?. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 1 COMPLIANCE WITH ALL LAWS.. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in wrttmg and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Jim Schutz City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: Wendi Brown President W. Brown Creative Partners 2691 Elliott Avenue Medford, Oregon 97501 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement. CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17, ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, lav or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. ?I. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF. the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL 11V1 JIM SCHUTZ, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN ,City ttor CONTRACTOR By: Name: 1;'v�C�CtJv1�� Title: Exhi bl+ PROPOSAL p W. BROWN CREATIVE PARTNERS Executive Search Services for City of San Rafae�, California Public Works Director March 15, 2016 TABLE OF CONTENTS PAGE I. WBCP CAPABILITIES & RECRUITMENT STRATEGY 1 - 4 II. CONSULTANT'S RESUME III. PROJECT TIMELINE P, 6 IV. PROFESSIONAL FEES, EXPENSES & GUARANTEE 7 V. SUPPORTING DOCUMENTS (Samples of Work) 8 0 WBCP I. WBCP CAPABILITIES Recruiting Services You Can Rely On. WBCP provides a comprehensive recruiting package using recruitment best practices, integrated marketing and communications strategies and established connections and resources, to target specific audiences, bring in ideal candidates and strengthen your employer of choice brand. RECRUITMENT STRATEGY The executive search strategy that follows describes four phases of WBCP's recruitment process. PHASE Client & Stakeholder Interviews It is highly recommended that Client and/or Search Committee, and other stakeholders identified by the Client, be involved in the initial and final phases of this recruitment. These are critical phases with regards to obtaining a clear sense of the priorities for this recruitment and the selection of the ideal candidate. WBCP will meet with various stakeholders as warranted by the Client and the level of the position in the organization. These meetings will allow WBCP an opportunity to gather information, gain knowledge about the organization, community and unique aspects of the recruitment to design the ideal candidate profile, marketing materials, and marketing plan. Feedback Outcome / Timeline Development Following the Client/stakeholder meetings, WBCP will develop a detailed timeline for the recruitment, which will be customized for this recruitment after Phase I. The timeline and ad plan will be reviewed and approved by the Client prior to execution. O WBCP Creative Development Immediately following the Client feedback activities, WBCP will draft the competencies for the recruitment and recruitment brochure copy for the Client's review. This information will summarize what was learned from Client related interviews. PHASE II Marketing Strategy and Implementation WBCP will execute a customized marketing plan, which could include the following and will be customized based on information gathered in Phase I: Online Advertising — Including associations, public sector and diversity job boards targeted to our ideal candidate. Specifically for this recruitment we will also consider public works specific job boards and lists. i= -Direct Mail Advertising — including WBCP's current database of potential applicants, public sector lists, and current information technology networks. Head Hunting WBCP will contact individuals targeted and generate new contacts through referrals made by respected sources. WBCP is also a Linkedln Recruiter and has access to over 107 million Linkedln users in the US; 350 million users globally. WBCP will access potential Linkedln candidates via detailed search options to identify ideal background, geographic location, technical expertise and experience. Hours WBCP invests the necessary time to generate outstanding candidates, and deliver excellent customer service, and will not limit our time to specific hours on this project. O Z WBCP Communication with Clien' Depending upon the wishes of the Client, WBCP can provide regular updates on the progress of the search. While some clients prefer not to hear from us until the recruitment is closed, other clients desire weekly e-mail or phone call updates. We tailor our communications in accordance with individual client needs. PHASE III Resume Assessment WBCP will review resumes as they are received, a final detailed review of each resume and any supplemental documentation submitted will be conducted immediately following the closing date of the recruitment. Those candidates determined to be the most highly qualified will be selected for a screening interview. Screening Interviews WBCP does not restrict the number of candidates to be screened. Rather, we interview every candidate who meets our Client's criteria and frequently this group amounts to 15 - 20 candidates, or on average 20% of the applicant pool. Report to Cliei Following the completion of the screening interviews, WBCP will develop a report of our recommended short list candidates. This report will include: resumes, cover letters and a one-page profile summary of candidate's professional history, including a brief overview of WBCP's assessment and the results of their phone interview. To determine candidates we will invite to interview, WBCP will meet with the selection committee/hiring authority. In this meeting we will review the results of the recruitment, discuss recommended candidates, determine which candidates will be invited to interview, and review the recruitment plan for the final stages of the selection process. O 3 WBCP Communication with Candidates Throughout the entire recruitment, WBCP will take responsibility for communicating with the applicants/candidates during each phase of the search process. In addition, the Client should refer any inquiries from potential or existing applicants directly to WBCP during the engagement. PHASE IV Jon Process WBCP will design and administer an appropriate final selection process based on the needs of the Client. WBCP will facilitate the invitation and coordination of these meetings/interviews. WBCP provides additional assessment tools/recommendations such as interview questions, writing and presentation exercises, problem solving scenarios, etc. We will tailor assessments to best meet the Client's needs. WBCP will facilitate interviews and panel deliberation. Background & References Following the interviews and the Client's top candidate(s) selection, WBCP will assist the Client with facilitating a thorough background and reference check. A typical approach includes a review of federal, state and local criminal background check and academic verification by a licensed background agency. Reference checks are conducted over the phone by a WBCP senior consultant and a final report is provided to the Client. Negotiations Once the client reviews and is comfortable with the findings in the reports, WBCP is available to assist with negotiations on compensation, benefits, start date and other transition details. 4 WBCP II. CONSULTANT'S RESUME WENDI BROWN — EXECUTIVE SEARCH PROFESSIONAL W. BROWN CREATIVE PARTNERS — WBCP I OFFICES IN OREGON AND CALIFORNIA 2004 — Present President and Founder of WBCP, an executive search, marketing and branding firm with clients in OR and CA Manager and lead consultant overseeing executive search services for nonprofit and public sector organizations; Use marketing and recruiting concepts to return excellent results for hard -to -fill, management and executive management positions; Lead consultant overseeing client relations, project management and recruiting consulting services; Direct project teams, production and creative marketing and branding projects; Track and manage marketing and search results; Design workforce plans, assess skill and talent gaps. CITIES OF: Irvine I Grants Pass Ashland I Central Point I COUNTIES OF: Jackson I Marin I Contra Costa I Napa I Solano I Santa Barbara San Luis Obispo NONPROFIT/PRIVATE: First 5 Bay Area and various First 5 County Commissions (Santa Clara, Santa Barbara, Fresno) I Fresno Community Food Bank I First 5 Association of California I Futures Without Violence I Latino Public Broadcasting I Radio Bilingiie I CDS Publications I Gold Coast Health Plans I Central California Truck and Trailer I and more COUNTY OF ORANGE I COUNTY EXECUTIVE OFFICE, HUMAN RESOURCES, SANTA ANA, CA 1998-2004 Human Resources Consultant; Human Resources Manager; Specialist Rapid progression of position titles and responsibilities implementing countywide initiatives affecting 24 decentralized dept., serving 17,000 employees, at the second largest county in California Effective utilization of communications, marketing, networking tools to improve recruitment strategies; Manage executive and management recruitments; Lead internal recruitment consultant for 24 decentralized departments supporting hard -to -fill and management recruitments; Train internal recruiters to improve results and efficiencies; Committee member changing 25 year old Countywide selection rules; Produced recruitment newsletters; Lead team member who designed and implemented countywide recruiter competency based training model and recruiter assessment tool; Implemented communications campaign for new performance incentive program; Coordinated 17,000 employees/managers and internal trainers on new performance management system within 12 months. CANON BUSINESS MACHINES I COSTA MESA, CA 1997-1998 Marketing Coordinator ) Interface with Engineers and R&D for new product launch; Design and produce creative comps for product packaging and promotional insert materials; Create user documentation for various products in English and other languages; Network a relationship between Canon and an ISP to provide international internet access through a new product package insert. HOMELIFE REALTY SERVICES, INC. I NEWPORT BEACH, CA 1993-1995 Office and Franchise Marketing Manager ( Guide, train and support 55 franchises with over 500 agents in effective application of corporate marketing tools/strategies for business development and sales growth; Create several marketing communication tools; Cultivate and manage media relationships; Public relations campaigns. HAWKINS ADVERTISING & PUBLIC RELATIONS I NEWPORT BEACH, CA 1991-1993 Client Relations and Account Manager ) Managed account relationships, budgets, billing, advertising, media relations and ad placement for ad agency's clients which included Oscar Mayer, Nestles, ARA Cory, Remedy Temps, etc.; Planned and coordinated market research projects and system upgrades; organizational efficiencies. EDUCATION Master's in Management I Southern Oregon University I Oregon (candidate) Bachelors of Science I Business Administration I Marketing emphasis I Colorado Technical University, Colorado I Summa cum Laude 5 III. PROJECT TIMELINE Below is a sample of an executive search timeline (may vary with client and position and client's desired timeline) Timeline Week of Recruitment Elements • Secure services with search firm, W. Brown Creative Partners (WBCP) • WBCP: review search parameters and recruiting processes with Client Week 1 • Interview with hiring authority and other stakeholders for competencies • Identification of advertising venues and ideal candidate prospects • Calls, meetings, or coordination with other stakeholders for information gathering • Develop and approvals: recruitment process, deadlines, ad plan and strategy, recruitment Week 1- 2 timeline and brochure • Print coordination (if applicable) • OPEN RECRUITMENT: Client approves/modifies advertising plan, marketing strategy, and recruitment timeline; • Finalize competencies and creative copy (brochure), for Client approval Week 2 - 3 • Implement marketing plan and direct mail (if applicable) • Secure panel member calendars • Timeline may be extended if direct mail piece is included (i.e., print/postage) • Finalize: panel members and interview logistics and invitations to panel members Week 4- 6 • Receive applications —Collect and source applicants will continue until recruitment closes • CLOSE RECRUITMENT AND ADVERTISING • Conduct initial phone screen to identify short list of candidates Week 7 - 8 • Preliminary check on short list candidates (Google search) • Candidate profiles developed and short list recommendations to client; Contractor will meet with client for short list selection • SHORT LIST MEETING - Client confirms selection of candidates to be advanced to panel interviews Week 9 -10 • Finalize questions, presentation, in -basket (as determined) • Coordinate invitations with selected top candidates (short list) • Produce panel interview packets • WBCP facilitates interview process. A sample process includes the following: • Day 1: Panel Interviews Conducted Week 10 - 11 • Day 2: 2nd Interviews with Executive Leaders • 3rd interviews may be scheduled as needed with Boards/Commissions, etc. • As needed schedule staff and/or community discussions/meetings • WBCP conducts background and reference checks (backgrounds may be conducted by Client if 5 days current contract exists) • WBCP conducts full reference checks for candidate(s) selected for Board/Commission interviews; or when Client is interested in making an offer • Hire date to accommodate possible candidate relocation • Hire Negotiations Client (WBCP available to assist in process) conducts offer and facilitates salary negotiations with preferred candidate O 6 WBCP IV. PROFESSIONAL FEES & EXPENSES The total fee for professional consulting for this search is $16,500 (which reflects a $1,000 new client discount). This includes all work outlined in Phases I — IV in the proposal's scope of work, not including expenses. Consulting fees will be billed in thirds at the beginning, middle (short list selection), and end of the recruitment process. Expenses will not to exceed $3,400 and include advertising, brochure design, panel packet content, delivery charges, fees for background checks, and consultant travel expenses (including 2 trips to San Rafael for the short list selection meeting and final interviews). These expenses do not include print or postage for brochure, as it is unlikely this will be needed as part of the advertising plan. Once we have conducted Phase I of the recruitment, we will provide an itemized list of advertising and marketing expenses for client approval. NOTE: To date WBCP has never exceeded proposed expenses and regularly comeS well within the maximum proposed amount. We are mindful and good stewards of public funds and negotiate discounts and use affordable options whenever available; we are cost efficient during all phases of the recruitment process. Guarantee (1) We guarantee successful placement, and will provide continued consulting services (however, client will pay for any additional direct cost expenses) until we are successful. (2) If a candidate selected and appointed by the Client terminates employment for any reason before the completion of the first year of service, WBCP will provide the Client with the necessary consulting services required to secure a replacement. Professional consulting fees to replace this candidate will be free of charge plus additional expenses; at that time expenses will be billed and reimbursed monthly. 7 V. SUPPORTING INFORMATION / DOCUMENTATION WBCP has been in business since 2004 and licensed as a business operating in Medford, Oregon since 2005*with regional satellite offices located in the Northern and Southern California. WBCP has been hiring public sector and nonprofit professionals since 1999 and currently supports a client base of public sector and nonprofit organizations across California and Oregon. A. Employment Opportunity WBCP is committed to providing equal employment opportunity to all applicants and employees in accordance with all applicable equal opportunity and affirmative action laws, directives and regulations of Federal, State and Local governing bodies. In keeping with this commitment, WBCP will recruit, hire, train and promote into all job levels the most qualified individuals without regard to race, color, creed, religion, sex, national origin, ancestry, marital status, status with regard to public assistance, disability, age, sexual orientation preference, military status, or status as a special disabled or veteran. WBCP will base all of its employment decisions on job-related standards and its commitment to equal employment opportunity. WBCP will ensure that all human resources matters are administered accordingly. WBCP will commit meaningful time and resources toward the achievement of its equal opportunity and affirmative action goals. B. Insurance WBCP has $2,000,000 liability insurance, and $2,000,000 errors and omission insurance and will provide necessary certificate(s) to the Client upon request. C. Recruitment Samples (provided as separate attachments) CLIENT APPROVAL SIGNATURE O WBCP DATE E 9BROWEN OP ID: PS DATE (MMMDNYYY) CERTIFICATE OF LIABILITY INSURANCE I 03/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 541-779-4232 NAMTACT E: 1231Royal Ave. Fax: 541-772.3963 PHONEc„,o. I FAX Eat): Not: Medford, OR 97504 E-MAIL ADDRESS: Hart Insurance I Medford INSURER(S) AFFORDING COVERAGE I NAIC # I INSURER A. The Hartford Ins Co 22357 INSURED Wendi Brown DBA: I INSURER B: United States Liability Ins 125895 W Brown Creative Partners 2691 Elliot Ave I INSURER C Medford, OR 97501INSURER D INSURER E: INSURER F : I 4 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE Jr4RR wvn POLICY EFF POUCY EXP POLICY NUMBER (MMIDD/YYYYI (MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OC URRENCE 3 2,000,000 A COMMERCIAL GENERAL LIABILITY X UAMAGE IURENTED 52SBANN6796 05104/2015 05/04/2016 I PREMISES (Ea occurrence) 3 1,000,000 - I CLAIMS -MADE X OCCUR I MED EXP (Any one person) 3 10,000 X Business Owners_ I PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG S 4,000,0001 I PR F � LOC $ POLICY I AUTOMOBILE LIABILITY I (Ea COMBINED LIMIT ,2,000,000 1 2,000,000 ANY AUTO 52SBANN6796 0510412015 06/04/2016 I BODILY INJURY (Per person) S ALL OWNED SCHEDULED AUTOS AUTOS Ix BODILY INJURY (Par accident) 13 HIRED AUTOS X AUTO NED PROPERTY DAMAGE 1 (Per accident) 3 3 UMBRELLA LUAB OCCUR EACH OCCURRENCE $ EXCESS LWB CLAIMS -MADE H I AGGREGATE $ DED I I RETENTIONS Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Ya WCYTATU- OT 1 - - ANY PROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) I E L DISEASE - EA EMPLOYEE $ If yes, describe under I DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $ B Errors & Omissions SP01SA3948 05/04/2015 05/04/2016 IE&O 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of San Rafael, its officers, agents, employees and volunteers are included as additional insureds per form # CG3261 10/05 as per contract. Coverage is Primary and Non -Contributory. CERTIFICATE HOLDER CITYSAI City of San Rafael 1400 5th Ave San Rafael, CA 94901 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRES TATIVE HartInsurancnI edf f A I�•f!/©19188-2010 ACORD RATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 32 61 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): City of San Rafael Location(s) Of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sion applies: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury"property damage" occurring after, caused by your ongoing operations for the addi- tional insured(s) at the location(s) designated 1. All work, including materials, parts or equip - above and only to the extent that such "bodily inju- ment furnished in connection with such work, ry', "property damage" or "personal and advertis- on the project (other than service, maintenance ing injury" is caused by your negligence or the neg- or repairs) to be performed by or on behalf of ligence of those performing operations on your the additional insured(s) at the location of the behalf. covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 32 61 10 05 © ISO Properties, Inc., 2005 Page 1 of 1 13 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLFreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. , A J r � Completion Step Responsible Description I 1 Department City Attorney Review, rev1i§e, and comment onraft agreement. Niob EY I Date 2 Contracting Department Forward final agreement to ontractor for their signature. Obtain at least two signed 30/1 originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval II� necessary (as defined by City Attorney/City Iv Ordinance*). 4 City Attorney Review and approve form of agreement; �'Qt bonds, and insurance certificates and endorsements. 5 City :Manager / Mayor / or Agreement executed by Council authorized Department bead official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. ver �1 To be completed by Contracting Department: Project Manager: CA_fcqAjYU CJOV&Project Name: nmi ac. r, Agendized for City Council Meeting of (if necessary): FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.