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HomeMy WebLinkAboutHR Community Services Division Director Recruitment ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND COOPERATIVE PERSONNEL SERVICES DBA CPS HR CONSULTING FOR COMMUNITY SERVICES DIVISION DIRECTOR RECRUITMENT SERVICES This Agreement is made and entered into as of 24/10/24 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and COOPERATIVE PERSONNEL SERVICES DBA CPS HR CONSULTING, a California Joint Powers Authority (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at F;xhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated September 10, 2024 ("Proposal") set forth in I-:x1ii1)it A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT a fixed fee, Rev 08.22 as further described in Exhibit A, in an amount of $27,000. CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on June 30, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. The Human Resources Director 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Pamela Derby is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. 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 parry, and the notified parry's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the parry 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. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT'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. 08.22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT'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 CONSULTANT' 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 CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08.22 3 CONSULTANT 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 CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. 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. 11. NONDISCRIMINATION. CONSULTANT 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. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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 parry. v 08 22 4 14. 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 writing 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: To CONSULTANT's Project Director: Marissa Sanchez, Human Resources Director Pamela Derby, Manager, Executive Recruitment 1400 Fifth Avenue 2450 Del Paso Road, Suite 220 San Rafael, CA 94901 Sacramento, CA 95834 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT 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. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08 22 5 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. 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, law 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 parry 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. 19. 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. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. voszz 6 [Signatures are on the followingpage.] 08.22 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: C-q� CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney �2o6erF Ensh�ii:. By: ROBERT F. EPSTEIN, City Attorney ATTEST: CONSULTANT: COOPERATIVE PERSONNEL SERA By: Name: Melissa Asher Title: Client Services Chief [If CONSULTANT is a corporation, add signature of second corporate officer] City Clerk By: Name: Title: LINDSAY LARA, City Clerk 08.22 8 EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08 22 A-1 CPS HR A=,,C0NSUffING PROPOSAL City of San Rafael Executive Recruitment Services for Community Services Division Director September 10, 2024 Submitted by: Melissa Asher Client Services Director CPS HR Consulting, 2450 Del Paso Road, Suite 220, Sacramento, CA 95834 P: (916) 471-3358, masher@cpshr.us Tax ID: 68-0067209 CPS HR CONSULTING Table of Contents Recruitment Experts............................................................................... l OurApproach........................................................................................3 Key Stakeholder Involvement................................................................. 3 City's Needs..............................................................................................3 Commitment to Communication.......................................................... 3 Aggressive, Proactive, and Robust Recruitment ............... Diversity Outreach Process..................................................................... 4 Methodology and Scope of Work.......................................................5 Phase I - Develop Candidate Profile and Recruitment Strategy ....... 5 Phase II - Aggressive, Proactive, and Robust Recruitment ................. 6 PhaseIII - Selection.................................................................................. 7 WorkPlan/Schedule..............................................................................9 Our Executive Recruiting Team..........................................................10 TeamBiographies.................................................................................. 10 Professional Fees and Guarantee.....................................................12 Professional Services.............................................................................. 12 One -Year Service Guarantee.............................................................. 12 Tax ID: 68-0067209 CPS HR CONSULTING September 10, 2024 Alissa Curtin City of San Rafael 1400 Fifth Ave, Rm 210 San Rafael, CA 94901 Submitted via email to: Alissa. Curtin@cityofsanrafael.org Subject: Executive Recruitment Services for Community Services Division Director Dear Alissa: CPS HR Consulting (CPS HR) is pleased to have the opportunity to submit a proposal to assist the City of San Rafael (City) with the recruitment of a new Community Services Division Director. We are uniquely qualified to undertake this effort as we have vast experience in assisting public agencies with executive search, screening, and placement. We understand that each agency is unique, and our extensive experience allows us to tailor our process to specifically meet your needs. Our work with local government agencies throughout the United States gives us an in-depth understanding of government operations, programs, and services. CPS HR offers a broad spectrum of human resource services while delivering personalized, results -oriented services, utilizing best practice methods of recruitment and selection strategies from our team of recruitment experts. Each recruitment is an opportunity to shape and prepare your organization for the future. We understand how important this transition is for you and are perfectly placed to assist you in this endeavor. Once this project begins, we will work with the City to tailor our process to highlight this exciting opportunity and attract the best possible candidates. It is our commitment to work in partnership with your organization to a successful result. Thank you for the opportunity to be considered for this assignment. Should you have questions or comments about the information presented in this proposal, please contact me at (916) 471- 3358 or via email at masher@cpshr.us. Sincerely, Melissa Asher Client Services Director 2450 Del Paso Road, Suite 220 Sacramento, CA 95834 www.cpshr.us Tax ID: 68-0067209 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Recruitment Experts CPS HR specializes in the recruitment and selection of key professionals for cities, counties, special districts, and non -profits. Working in partnership with the governing body or selection team, we develop customized search strategies that focus on locating and recruiting qualified candidates who match the agency's unique needs. Our wealth of recruitment experience has been gained through more than 20 years of placing top and mid -level executives in public agencies throughout the United States. ■ Unmatched Recruitment Experience for Government Agencies. CPS HR has extensive experience in recruiting executive -level professionals for public agencies across the United States. As a public agency ourselves, we understand how to work with and within government. Our understanding of public sector culture and policy uniquely sets us apart from our competitors. ■ Focus on Diversity Recruiting. In the past three years, 57% of the candidates placed by CPS HR were female, members of ethnic minorities or both. To continue this trend, CPS HR is constantly assessing the best methods for reaching the broadest network of possible candidates. To that end, we have just signed a contract with Zoom Info, a new sourcing platform, that includes a diversity sourcing filter. ■ Seasoned Executive Recruiters. Our recruiters possess a high level of expertise in recruiting and placing executive -level professionals. Our staff of experts includes an exceptional group of full-time employees as well as a full complement of subject matter experts, intermittent employees, and part-time employees with a variety of public and private sector experience. ■ Detailed Needs Assessments. We conduct a detailed needs assessment to identify 1) future organizational direction; 2) challenges facing the position; 3) the working style and organizational climate; and 4) required core and job specific competencies as well as personal and professional characteristics. ■ Success Recruiting Non -Job Seeking Talent. We recognize that the very best candidates for some types of positions may not be looking for a career change, therefore, our recruitment team takes a very aggressive approach to identify and recruit such candidates. ■ Vast Pool of Public Agency Contacts. CPS HR maintains a database of candidates and an extensive network of external resources to leverage for executive -level positions. We utilize our vast pool of public and non-profit contacts to deliver a strong list of competitive candidates who will be well prepared to assist you in the accomplishment of your specific mission and goals. CPS HR ' - CONSULTING Page 1 1 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director ■ Satisfied Clients. Our executive search client satisfaction rating averages 4.6 on a scale of 5. While many companies talk about client satisfaction, how many measure the impact of that through assessing client satisfaction by distributing written surveys and tying the results of these surveys to their performance management system? CPS HR Consulting does. A client satisfaction survey is sent at the end of every engagement requesting feedback on the quality of our staff, deliverables, and the overall consulting relationship. ■ Retention/Success Rate. Our success rate is tied to the longevity of the candidates we place, currently more than 95% of our placements are still in their position after two years. ■ Partial list of recruitments. Below is a brief listing of recent similar recruitments to show our experience with similar executive recruitments. Agency City of San Mateo Deputy Community Development Director County of Marin Homelessness and Whole Person Care Division Director City of Berkeley Director of Health, Housing and Community Services The Business, Consumer Services and Housing Agency Executive Officer, Homeless Coordinating and Financing Council City of Carson Director of Community Services City of Millbrae Community Development Director County of Santa Barbara Homeless Assistance Program Manager City of Bell Community Development Director County of Monterey, Social Services Administration Deputy Director of Social Services, Community Benefits County of Lake Deputy Community Development Director City of Tucson, AZ Housing and Community Development Director City of Santa Clarita Director of Recreation and Community Services County of Santa Barbara Director of Planning and Development City of Bakersfield Development Services Director City of Novato Community Development Director City of Oxnard Cultural and Community Affairs Director City of Gilroy Community Engagement Manager City of Gilroy Deputy Director of Community Development City of Bell Community Development Director County of Skagit, WA Director of Planning City of Morgan Hill Community Development Director City of Dixon Community Development Director City of Tucson, AZ Director of Planning and Development Services CPS HR �-- CONSULTING Page 12 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Our Approach Key Stakeholder Involvement The City Manager on behalf of the City of San Rafael must be intimately involved in the search for a new Community Services Division Director. Our approach assumes their direct participation in key phases of the search process. At the discretion of the City Manager, other key stakeholders may also be invited to provide input for the development of the candidate profile. City's Needs A critical first step in a successful executive search is for the City Manager to define the professional and personal qualities required of the Community Services Division Director. CPS HR has developed a very effective process that will permit the City Manager to clarify the preferred future direction for the City; the specific challenges the City is likely to face in achieving this future direction; the working style and organizational climate the City Manager wishes to establish with the Community Services Division Director; and ultimately, the professional and personal qualities required of the Community Services Division Director. Commitment to Communication Throughout the recruitment process, we are strongly committed to keeping you fully informed of our progress. We will collaborate with you to provide updates on the status of the recruitment via your preferred method of communication (phone conference, email, etc.). We place the highest level of importance on customer service and responding in a timely manner to all client and candidate inquiries. Our previous clients and candidates have expressed a sincere appreciation for our level of service and responsiveness to the management of the recruitment process. As a result, we have many long-term relationships with clients that have led to opportunities to assist them with multiple recruitments. CPS HR's communication continues once you have selected the new Community Services Division Director. We will contact the City Manager and the newly appointed Community Services Division Director within six months of appointment to ensure an effective transition has occurred. Aggressive, Proactive, and Robust Recruitment We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride ourselves in our efforts to reach the best available potential candidates. CPS HR CONSULTING Page 1 3 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director We use advertisements, directly email the outreach brochure, post messages and connect with potential candidates on business media such as Linkedln, and of course, pick up the phone and call qualified individuals and referral sources. Diversity Outreach Process CPS HR strives to attract the most highly qualified, diverse candidate pool possible. We are pleased that our diligent efforts have resulted in more than 57% of our executive level placements being people of color and/or female candidates within the past three years. We accomplished this by advertising with organizations like the National Forum for Black Public Administrators and the Local Government Hispanic Network in order to reach these specific population groups. We also seek candidate referrals from local subject matter experts and the national leadership of groups like Women Leading Government. By taking the time to directly contact these influential industry experts, we ensure that we capture the maximum number of distinguished candidates — particularly those who are well-known in their industries, but who may not be actively looking for a new job. Our recruitment process results in an exceptionally diverse candidate pool and a high level of client satisfaction. CPS HR "'CONSULTING Page 14 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Methodology and Scope of Work Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of a new Community Services Division Director is uniquely suited to the City's needs. Develop Candidate Profile and Recruitment Strategy Aggressive, Proactive, and Robust Recruitment Phase I: Our consultant will meet with the City Manager to ascertain the City's needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit with the City. Phase II: The recruitment process is tailored to fit the City's specific wants and needs, with targeted advertising, combined with contacts with qualified individuals from our extensive database. Phase III: The selection process is customized for the City. CPS HR will work with the City Manager to determine the process best suited to City of San Rafael. Phase I - Develop Candidate Profile and Recruitment Strategy Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 - Develop Recruitment Brochure The first step in this engagement is a thorough review of the City's needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face a new Community Services Division Director. Activities will include: ■ Identifying key priorities for the new Community Services Division Director and the conditions and challenges likely to be encountered in achieving these priorities. ■ Describing the type of working relationship the City Manager wishes to establish with the Community Services Division Director. CPS HR JAMCONSULTING Page 15 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director ■ Generating lists of specific competencies, experiences, and personal attributes needed by the new Community Services Division Director in light of the discussions above. ■ Discussing recruitment and selection strategies for the City Manager's consideration to best produce the intended results. CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria. Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review. Brochure examples are available on our website at www.cpshr.us/recruitment-solutions/executive-search. Phase II - Aggressive, Proactive, and Robust Recruitment Task 1 - Place Advertisements Task 2 - Identify and Contact Potential Candidates Task 3 - Resume Review and Screening Interviews Task 4 - City Manager Selects Finalists The recruitment process is tailored to fit the City's specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database. CPS HR will prepare, submit for your approval, and publish advertisements on professional and affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy. As a consulting firm that interacts with hundreds of public sector executives during engagements, we have a cadre of individuals who we inform of recruitments, both to increase the visibility of the opening and to attract appropriate individuals who fit the special needs of our client. Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks. CPS HR is focused on reaching a diverse candidate pool and would recommend publications/websites that are targeted to minority and female candidates. In addition to placing ads on websites aimed at minority candidates, we will contact leaders within appropriate associations to gain their insight and referrals of possible candidates. Within the past three years, more than 57% of our executive level placements have been minority and/or female candidates. CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the Community Services Division Director brochure along with a personal invitation to contact CPS HR should they have any questions about the position. CPS HR -`7 CONSULTING Page 16 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, we do not rely solely upon our current database. We also conduct research to target individuals relevant to your specific needs and expectations to ensure that we are thorough in our efforts to market this position to the appropriate audience and to garner a diverse and quality pool of candidates. We will: ■ Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment. ■ Provide guidance and resources to candidates regarding the area's cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area. ■ Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City. CPS HR will directly receive and initially screen all resumes. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's resume, and if applicable, supplemental questionnaire responses and other supporting materials. CPS HR will personally speak to selected candidates during a preliminary screening interview and will spend extensive time ascertaining each candidate's long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate's technical competence and management philosophy. We will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet research on each candidate interviewed. CPS HR will prepare a written report that summarizes the results of the recruitment process and recommends candidates for further consideration by the City Manager. Typically, the report will recommend five to eight highly qualified candidates and will include resumes and a profile on each interviewee's background. CPS HR will meet with the City Manager to review this report and to assist them in selecting a group of finalists for further evaluation. Phase III - Selection Task 1 - Design Selection Process Task 2 - Administer Selection Process Task 3 - Final Preparation for Appointment Task 4 - Contract Negotiation (if requested) CPS HR will design a draft selection process based on information gathered in Phase I. We will meet with the City to review this process and discuss the City's preferred approach in assessing CPS HR CONSULTING Page 17 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem -solving exercises. We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates. Following the completion of the selection process, CPS HR will be available to complete the following components: ■ Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort. ■ Conduct In -Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is our policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates' current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City. ■ Conduct Background Checks: Upon a conditional job offer, we will arrange for a background check of a candidate's records on driving, criminal and civil court, credit history, education, published news, and other sensitive items. Should any negative or questionable content appear during these checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full picture of the situation to the City for further review. ■ Contract Negotiation (if requested): Successful negotiations are critically important, and we are available to serve as your representative in this process. With our expertise, we can advise you regarding current approaches to various components of an employment package. We can represent your interests with regards to salary, benefits, employment agreements, housing, relocation, and other aspects, with the ultimate goal of securing your chosen candidate. CPS HR -- CONSULTING Page 1 9 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Work Plan/Schedule Timeframe Activity RECRUITMENT MATERIALS Recruitment Brochure: 9/11 ■ City submits draft brochure to CPS HR 9/13 • CPS HR submits draft pdf to City for approval ACTIVE RECRUITMENT Week of 9/16 — Marketing: Consultant posts the job opening to various websites and 10/14 publications including: Consultant sends initial e-mail blast to more than 2,500 industry professionals, referral sources, and previous candidates Week of 9/16 — Aggressive Outreach/Application Process: Consultant follows up with 10/14 targeted/qualified candidates (those who are a match to the candidate profile) to ascertain interest and encourage application. Candidates apply through the CPS HR website, receipt of applicant materials acknowledged within 24 hours. Consultant vets candidate resumes against minimum qualifications and conducts screening interviews with candidates who meet MQs. SELECTION ACTIVITIES 10/18 Client Report Meeting: The Consultant will meet with the City to review Consultant's recommendations regarding top candidates; determine the short- list candidates to be interviewed. 10/28 Semi-finalist Interviews: City conducts panel interviews with short-listed candidates and determines finalists for further consideration. Consultant prepares all materials, coordinates candidate logistics and assists with facilitation of the short-listed candidate interviews. 10/29 Finalist Interviews: City conducts interviews of finalist candidates. Following Final Reference/Background Checks: Consultant conducts reference checks and Interviews background check on the finalist candidate. CPS HR .CONSULTING Page 19 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Our Executive Recruiting Team CPS HR has assembled a strong project team with each member possessing extensive recruiting experience and a direct, in-depth understanding of local government. Your executive recruitment team will be Ms. Pamela Derby, Ms. Fatima Nukic, and Mr. Al Bonnenfant. They will work collectively to fulfill the City's needs in a timely and effective manner. We are committed to providing each of our clients the same level of service excellence, and we take great care not to take on more work than this commitment allows. We will not utilize subcontractors for these services. No staff member will be removed or replaced without the prior written concurrence of the City . Team Biographies Pamela H. Derby, Manager, Executive Recruitment Since joining CPS HR Consulting in 2003, Pam Derby has conducted a wide range of recruitments for county, city, special district and association executives including city attorney, executive director, general manager, city manager, assistant and deputy city manager, police chief, community and economic development director, human resource director, finance director, city administrator, registrar of voters, library director, and director of information technology in addition to specialized support positions. Prior to joining CPS HR, Ms. Derby served as the Aide to the Yuba County Board of Supervisors serving as the Board's liaison to County Department Heads, the community, and the media. This experience provided her with a unique perspective into the special circumstances that exist in a Board/Council-Manager relationship and a keen awareness of the inner workings of local government. She is sensitive to balance the wants of the community with the needs of the client so as to tailor a recruitment process that reaches out to the most appropriate candidates and ensures a diverse group of individuals from which to make a selection. She has successfully employed these techniques in jurisdictions ranging from under 10,000 to 10 million. Moreover, she employs a firmly -held personal philosophy that candidates must be treated with the same respect and careful consideration as her client. Fatima Nukic, Associate Executive Recruiter Fatima Nukic has over ten years of professional experience in the public sector. She has assistant on a wide range of recruitments for county, city, special district, and association executives including executive director, city attorney, police chief, human resources director, finance director, health and human services director, risk manager, environmental resources director, to name a few. Ms. Nukic is an action -oriented and results -driven leader who thrives on finding new ways to promote recruitments and finding ideal candidates. She brings an extensive background in promoting, sourcing, and social media marketing to her role as an Associate Executive Recruiter at CPS HR Consulting. CPS HR .—­— CONSULTING Page 1 10 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Al Bonnenfant, M.A., SPHR, Executive Recruiter Al Bonnenfant is a highly accomplished human resources professional with a diverse blend of management and human resources experience spanning over 30 years. His core expertise is in human resources, business development, industrial engineering and operations. Throughout his career, he has demonstrated success as a progressive partner in executing collaborative solutions, inspiring cultural change, and focusing on organizational effectiveness. A hallmark of his style is being a coalition -builder and business partner focused on the interaction between sincere relationships and the achievement of organization, employee and client goals and objectives. He has worked in almost all areas of HR, but most notably, recruiting, onboarding, succession planning, leadership development, employee relations, safety and compliance, and workers' compensation. He has applied both private and public sector experience in his roles as a Business Manager, Human Resources Business Partner, and Human Resources Director. CPS HR ,CONSULTING Page 1 11 Proposal to City of San Rafael Executive Recruitment Services for Community Services Division Director Professional Fees and Guarantee Professional Services Our professional fixed fee covers all CPS HR services and deliverables associated with Phases I, II, and III of the recruitment process. Travel expenses for candidates who are invited forward in the interview process are not included. Professional Services for Full Recruitment (Fixed Flat Fee) 1 $27,000 *Professional fees would be billed and paid monthly. One -Year Service Guarantee If the employment of the candidate selected and appointed by the City as a result of a full executive recruitment (Phases 1, 11, and 111) comes to an end before the completion of the first year of service, CPS HR will provide the City with professional services to appoint a replacement. Professional consulting services will be provided at no cost. The City would be responsible only for expenses such as re -advertising, consultant travel, additional background checks, etc. This guarantee does not apply to situations in which the successful candidate is promoted or re- assigned within the organization during the one-year period. Additionally, should the initial recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. CPS HR does not provide a guarantee for candidates placed as a result of a partial recruitment effort. CPS HR CONSULTING We thank you for your consideration of our proposal. We are committed to providing high quality and expert solutions and look forward to partnering with the City of San Rafael in this important endeavor. Mwsfa Sa;lchez Marisa Sanchez (Sep 10, 202409 19 PDT) 10/09/24 CPS HR a CONSULTING Page 1 12 Proposal for Exec Search Community Services Division Director 09-2024 Final Audit Report Created: 2024-09-10 By: alissa curtin (alissa.curdn@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA9buo4c1tRHEa-4bWjFIGWZf2gaf Qtig 2024-09-10 "Proposal for Exec Search Community Services Division Directo r 09-2024" History Document created by alissa curtin (alissa.curtin@cityofsanrafael.org) 2024-09-10 - 4:47:44 PM GMT P+ Document emailed to Marissa Sanchez (marissa.sanchez@cityofsanrafael.org) for signature 2024-09-10 - 4:47:53 PM GMT Email viewed by Marissa Sanchez (marissa.sanchez@cityofsanrafael.org) 2024-09-10 - 4:48:44 PM GMT d' Document e-signed by Marissa Sanchez (marissa.sanchez@cityofsanrafael.org) Signature Date: 2024-09-10 - 4:49:10 PM GMT - Time Source: server Agreement completed. 2024-09-10 - 4:49:10 PM GMT [a Adobe Acrobat Sign EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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 one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" 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 CONSULTANT'S policies shall be at least as broad as Rev. 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 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. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 parry. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 (3) excerpts of policy 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 CONSULTANT. 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 the CITY. P,t.x RA f q� s F 2 0 ail r WITH P` �\� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Human Resources Project Manager: Marissa Sanchez Extension: 5517 Contractor Name: CPS HR Contractor's Contact: Pamela Derby Contact's Email: pderby@cpshr.us ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to Q enter a date. b. Email contract (in Word) and attachments to City 9/16/2024 amc City Attorney Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 a. Review, revise, and comment on draft agreement 10/15/2024 and return to Project Manager 10/15/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 10/15/2024 ❑X _amc_ contractor 4 Project Manager Forward three (3) originals of final agreement to 10/15/2024 ❑x contractor for their signature amc Project Manager When necessary, contractor -signed agreement 5 Z1 N/A agendized for City Council approval * *City Council approval required for Professional ❑ Services Agreements and purchases of goods and Or services that exceed $75,000; and for Public Works Click here to Contracts that exceed $175,000 enter a date, Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager CPSHR PSA 09-2024 Full Doc Final Audit Report 2024-10-28 Created: 2024-10-21 By: alissa curtin (alissa.curtin@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAWkgVOnFIS18vgPGWEwAk9BoeOM78fxB2 "CPSHR_PSA 09-2024 Full Doc" History Document created by alissa curtin (alissa.curtin@cityofsanrafael.org) 2024-10-21 - 5:31:54 PM GMT Ey Document emailed to Melissa Asher (masher@cpshr.us) for signature 2024-10-21 - 5:32:03 PM GMT !l Email viewed by Melissa Asher (mash er@cpshr.us) 2024-10-21 - 6:12:42 PM GMT GS© Document e-signed by Melissa Asher (mash er@cpshr.us) Signature Date: 2024-10-21 - 8:13:39 PM GMT - Time Source: server 24 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-10-21 - 8:13:41 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-10-22 - 8:08:55 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-10-23 - 9:20:20 PM GMT (S@ Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-10-23 - 9:22:30 PM GMT - Time Source: server E-' Document emailed to Robert Epstein(rob.epstein@cityofsanrafael.org) for signature 2024-10-23 - 9:22:32 PM GMT Email viewed by Robert Epstein (rob.epstein@cityofsanrafael.org) 2024-10-24 - 3:19:15 PM GMT 6Q Document e-signed by Robert Epstein(rob.epstein@cityofsanrafael.org) Signature Date: 2024-10-24 - 3:19:25 PM GMT - Time Source: server a Adobe Acrobat Sign C'' Document emailed to Lindsay Lara (city.clerk@cityofsanrafae1.org) for approval 2024-10-24 - 3:19:27 PM GMT '5 Email viewed by Lindsay Lara (city.clerk@cityofsanrafael.org) 2024-10-24 - 3:21:21 PM GMT 6m Document approved by Lindsay Lara (city.clerk@cityofsanrafael.org) Approval Date: 2024-10-24 - 3:21:28 PM GMT - Time Source: server C.. Document emailed to Cristine Alilovich (cristinea@cityofsanrafael.org) for signature 2024-10-24 - 3:21:32 PM GMT 'n Email viewed by Cristine Alilovich (cristinea@cityofsanrafael.org) 2024-10-25 - 1:23:48 AM GMT It Document e-signed by Cristine Alilovich (cristinea@cityofsanrafael.org) Signature Date: 2024-10-25 - 1:24:17 AM GMT - Time Source: server P--+ Document emailed to Lindsay Lara (city.clerk@cityofsanrafael.org) for signature 2024-10-25 - 1:24:19 AM GMT � Email viewed by Lindsay Lara(city.clerk@cityofsanrafael.org) 2024-10-25 - 1:41:20 AM GMT 0a Signer Lindsay Lara (city.clerk@cityofsanrafael.org) entered name at signing as Brenna Nurmi (for) 2024-10-28 - 2:46:58 PM GMT 60 Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-10-28 - 2:47:00 PM GMT - Time Source: server Agreement completed. 2024-10-28 - 2:47:00 PM GMT [a Adobe Acrobat Sign