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HomeMy WebLinkAbout24-Human Resources '-'''''-",' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: SEPTEMBER 9, 2008 Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACTING CITY MANAGER EXECUTE A SERVICES AGREEMENT WITH ALLIANCE RESOURCE CONSULTING TO CONDUCT RECRUITMENT FOR THE POSITION OF CITY MANAGER. From: LINN LIVINGSTON Dept: HUMAN RESOURCES M/CC Meeting Date: Sept. 15, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. ~~ rY~ S",""Me >\) Contact person: Linn Livinqston Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $24,500 Source: (Acct. No.) 001-092-5502 (Acct. Description) General Gov1. Fund Finance: Council Notes: Agenda Item No. {J L.{ HR! Agenda ltems:SR.ARC.2008 'T' ~x I CITY OF SAN BERNAR~INO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Acting City Manager to execute a Services Agreement with Alliance Resource Consulting to conduct recruitment for the position of City Manager. Backl!:round: Following the announcement of Fred Wilson's resignation the Human Resources staff contacted several exeCUl1ve search firms with experience recruiting Executive Managers, and asked them to submit proposals if they were interested in conducting our recruitment for City Manager. Six (6) proposals were received (see Attachment "A") from Alliance Resource Consulting, CPS, Management Partners, Peckham & McKenney. Ralph Anderson and Roberts Consulting Group. Following review of the six (6) proposals by the City Manager, Assistant City Manager, and the Human Resources Director, staff is recommending the selection of Alliance Resource Consulting. Alliance Resource Consulting is well qualified to conduct the City Manager Recruitment. Eric Middleton, the firm's Managing Partner, has extensive expertise working with counties, cities, special districts and other organizations and will lead this effort. His experience includes conducting recruitments for professionals and executives in a variety of public sector fields including executive management. He has worked with large complex cities and counties such as Long Beach and Los Angeles, CA, and was retained by the City of San Jose in their successful search for City Manager. Human Resources staff contacted several client references and received positive comments regarding the work done by Mr. Middleton. Alliance Resource Consulting will manage all steps in the recruitment process, including meeting with the Mayor and Council Members individually to develop the candidate profile, designing an advertising campaign, recruitment brochure, screening candidates, conducting personal interviews with top candidates and developing the final selection process. They emphasize throughout the proposal that they will adopt an approach that fits the City's needs, and that they will work closely with the Mayor, Common Council, and staff to facilitate a process that brings about consensus regarding the final candIdates. Alliance Resource Consulting is based in Long Beach, which will provide us greater access to the recruiter. The firm is available to begin as soon as an agreement is issued. The proposed consulting fee is $17,000 plus expenses, which are estimated at $7,500. The total proposed cost is estimated at $24,500. The proposal includes a recommended timeline that covers thirteen (13) weeks. Based on the extenSIve experience and responsiveness of the proposal submitted by Alliance Resource Consulting, it is recommended that the Mayor and Common Council select Alliance Resource Consulting and direct staff to negotiate and issue an agreement with them for recruitment of the City Manager. FINANCIAL IMPACT The cost of these services is $24,500, which is available in the General Government Fund Account No. 001-092-5502. Recommendation: Adopt Resolution. HRJ Agenda ltems:SR.ARC.2008 ;< I u ~ '< '~. - co.!i <:> ~ <:> '" N&, - Q = '" ~j:l., e"Cl .~ QJ =;: '" .- ~ e ~,Q '" := ~'J'J OJI.... ~ Q = ~ ~ '" :;; ~ ~e ;::: e UJ3 E = E -; ";::; - - " '" 0... 0 ...",U '" '" "'- - " ='t:l " .- "''t:l " = = " "'U '" '" "..c "'- ;.. = _0 o ~ ~ ~=~ Q#.- .- ",-U e': ~ ~ r......c "''''- o '" C~~ Zr.~ '" '" '" = e " I";l '" '" r. 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"' " >< M "' -" " " ~ N - "' ~ " ~ '<t - -< U .S" ::;; o o ~ "' " ~ bO <= ..:: ::3< ....JU <= " ~ " "0 <= -< ~ " ~ bO .S - :; "' <= o U "' 1l g .t:> 0 o ... ~o Resolution No 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH ALLIANCE RESOURCE CONSULTING TO CONDUCT RECRUITMENT FOR THE POSITION OF CITY MANAGER. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: The Acting City Manager of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a Services Agreement with Alliance 9 Resource Consulting to conduct recruitment for the position of City Manager, a copy of which 10 is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 11 set forth at length. 12 SECTION 2: The authorization to execute the above mentioned agreement is rescinded 13 14 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 15 resolution. 16 /II 17 1/1 18 /II 19 /II 20 /II 21 1/1 22 1/1 23 /II 24 1/1 4tJ4 25 /II OQ-/5-0g 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH ALLIANCE RESOURCE CONSULTING TO CONDUCT RECRUITMENT FOR THE POSITION OF CITY MANAGER. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 the Common Council of the City of San Bernardino at a meeting thereof, , 2008, by the following vote, to wit: AYES NA YES ABSTAIN ABSENT Rachel G. Clark, City Clerk 18 The foregoing resolution IS hereby approved this day of 19 ,2008. 20 21 22 PatrickJ.Morris,Mayor City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 .f~ By: genda Items:Reso.ARC.2008 EXHIBIT "A" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of September, 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and ALLIANCE RESOURCE CONSULTING, a Delaware limited liability company ("CONSULTANT"). A. WITNESSETH: WHEREAS, CITY proposes to have CONSULTANT perform the servIces described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for professional services as described in the Scope of Services, attached hereto as Exhibit "1"; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the professional services described in the Scope of Services attached hereto as Exhibit "I" and incorporated herein by this reference ("Services"). If a conflict arises between the Scope of Services document and this Professional Services Agreement (hereinafter "Agreement"), the terms ofthe Agreement shall govern. 1.2. Professional Practices. All Services to be provided by CONSULTANT pursuant 2 to this Agreement shall be provided by skilled personnel and in a manner consistent with the 3 standards of care, diligence and skill ordinarily exercised by professional consultants in similar 4 fields and circumstances in accordance with sound professional practices. CONSULTANT 5 also warrants that it is familiar with all laws that may affect its performance of this Agreement 6 and shall advise CITY of any changes in any laws that may affect CONSULTANT's 7 performance of this Agreement if the CONSULT ANT has actual knowledge of such changes. 8 CONSULTANT and the CITY each represent that no CITY employee will provide any 9 Services under this Agreement. 10 1.3. Warranty. CONSULTANT warrants that it shall perform the Services required 11 by this Agreement in compliance with all applicable Federal and California employment laws 12 including, but not limited to, those laws related to minimum hours and wages; occupational 13 health and safety; fair employment and employment practices; workers' compensation insurance 14 and safety in employment; and all other Federal, State and local laws and ordinances applicable 15 to the services required under this Agreement. CONSULTANT shall indemnify and hold 16 harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and 17 judgments of every nature and description including reasonable attorneys' fees and costs, or 18 recovered against CITY to the extent arising from CONSULTANT's violation of any such 19 applicable law. 20 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not 21 engage Ill, nor permit its officers, employees or agents to engage in, discrimination in 22 employment of persons because of their race, religion, color, national origin, ancestry, age, 23 mental or physical disability, medical condition, marital status, sexual gender or sexual 24 orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation 25 of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 2 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter 2 into agreements with other consultants for services similar to the Services that are subject to this 3 Agreement or may have its own employees perform services similar to those services 4 contemplated by this Agreement. 5 1.6. Delegation and Assignment. This is a personal service contract, and the duties 6 set forth herein shall not be delegated or assigned to any person or entity without the prior 7 written consent of CITY, which consent shall not be unreasonably withheld or delayed. 8 CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other 9 personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost 10 and expense. 11 1.7 Duty of LoyaltylConflict of Interest. The CONSULTANT understands and 12 agrees that as the CITY's consultant, CONSULTANT shall maintain a fiduciary duty and a duty 13 of loyalty to the CITY in performing CONSULTANT's obligations under this Agreement. 14 CONSULTANT, in performing its obligations under this Agreement, is governed by 15 California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, 16 California Code of Regulations Section 18700 et seq. 17 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during 18 the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 19 of the City of San Bernardino Municipal Code and any and all other licenses, permits, 20 qualifications, insurance and approvals of whatever nature that are legally required of 21 CONSULTANT to practice its profession, skill or business. 22 23 2.0. COMPENSATION AND BILLING 24 2.1. Compensation. Except as provided herein, CONSULTANT compensation shall 25 be as set forth in Exhibit" I". 3 2.2. Additional Services. CONSULTANT shall not receive compensation for any 2 services provided outside the scope of services specified in the Exhibit "1" unless the CITY, 3 prior to CONSULT ANT performing the additional services, approves such additional services 4 in writing. It is specifically understood that oral requests and/or approvals of such additional 5 services or additional compensation shall be barred and are unenforceable. 6 2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval. 7 Said invoice shall be based on the total of all CONSULTANT's services which have been 8 performed in accordance with the terms of this Agreement during the period covered by such 9 invoice. CITY shall pay CONSULTANT's invoice within thirty (30) days from the date CITY 10 receives said invoice. The invoice shall describe in detail, the services performed and the 11 associated time for completion. Any additional services approved and performed pursuant to 12 this Agreement shall be designated as "Additional Services" and shall identify the number of the 13 authorized change order, where applicable, on all inyoices. 14 2.4. Performance Standard Guarantees. The CONSULTANT has a one-year 15 placement guarantee. Should the CITY terminate the placement, or should the placement leave 16 the organization within one year of hire, CONSULTANT will conduct another recruitment at no 17 additional professional fee. 18 2.5. Records and Audits. Records of CONSULTANT's Services directly relating to 19 this Agreement shall be maintained in accordance with generally recognized accounting 20 principles and shall be made available to CITY for inspection and/or audit at mutually 21 convenient times for a period of three (3) years from the Effective Date. Any such inspection 22 shall be conducted at the CITY's expense, during normal business hours and upon reasonable 23 prior written notice to CONSULT ANT. Such audit shall also be subject to the execution of a 24 confidentiality agreement regarding inadvertent access to confidential information not related to 25 the CITY 4 3.0. TERM AND NOTIFICATION. 2 3.1. Term. This Agreement shall commence on the Effective Date and continue until 3 the recruitment is completed unless the Agreement is previously terminated as provided for 4 herein. 5 3.2. Termination. CITY or CONSULTANT may terminate the Services provided 6 under Section 1.1 ofthis Agreement upon thirty (30) days written notice to the other party. In 7 the event of termination, CONSULTANT shall be paid the reasonable value of Services 8 rendered to the date of termination. 9 3.3. Documents. In the event of an early termination of this Agreement, all 10 documents prepared by CONSULTANT in its performance of this Agreement including, but not 11 limited to, finished or unfinished background investigations, shall be delivered to the CITY 12 within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. 13 Any use of uncompleted documents without specific written authorization from 14 CONSULTANT shall be at CITY's sole risk and without liability or legal expense to 15 CONSULTANT. 16 17 4.0. INSURANCE 18 4.1. Scope and Limits of Insurance. CONSULTANT shall obtain and maintain 19 during the term ofthis Agreement all ofthe following insurance coverages: 20 (a) Commercial general liability, including premises-operations, 21 productslcompleted operations, broad form property damage, blanket 22 contractual liability, independent contractors, personal injury with a 23 policy limit of One Million Dollars ($1,000,000.00), combined single 24 25 (b) limits, per occurrence and aggregate. Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. 5 (c) Workers' compensation insurance as required by the State of California. 2 4.2. Endorsements. The commercial general liability insurance policy shall contain 3 or be endorsed, using general policy endorsements, to contain the following provisions: 4 (a) Additional insureds: "The City of San Bernardino and its elected and 5 appointed boards, officers, and employees are additional insureds with 6 respect to their vicarious liability arising out of CONSULTANT'S 7 performance of the Services hereunder." 8 (b) Other insurance: "Any other insurance maintained by the City of San 9 Bernardino shall be excess and not contributing with the insurance to provided by this policy with respect to claims arising solely and directly 11 from CONSULT ANT's provision of the Services." 12 4.3. Certificates ofInsurance. CONSULTANT shall provide to CITY certificates of 13 insurance showing the insurance coverages and required endorsements described above, prior 14 to performing any services under this Agreement. 15 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, 16 the indemnification provision contained in this Agreement, or the extent to which 17 CONSULTANT may be held responsible for payments of damages to persons or property. 18 4.5. Notice of Cancellation: CONSULTANT shall provide the CITY thirty (30) days 19 prior written notice of cancellation of or a material change in any of the required coverages. 20 21 5.0. GENERAL PROVISIONS 22 5.1. Entire Agreement: This Agreement, together with the Exhibit attached hereto 23 constitutes the entire Agreement between the parties with respect to any matter referenced 24 herein and supersedes any and all other prior writings and oral negotiations. This Agreement 25 may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including the exhibit to this Agreement. 6 5.2. Notices. Any notices, documents, correspondence or other communications 2 concerning this Agreement or the work hereunder may be provided by personal delivery, 3 deemed served or delivered: a) at the time of delivery if such communication is sent by personal 4 delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 5 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such 6 communication is sent through regular United States mail. 7 IF TO CONSULT ANT: IF TO CITY: 8 Eric Middleton, Managing Partner Alliance Resource Consulting One World Trade Center, Suite 1155 Long Beach, CA 90831 Telephone: (562) 901-0769 Fax: (562) 901-3082 Linn Livingston, Human Resources Director City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5161 Fax: (909) 384-5397 9 10 11 12 5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection 13 with this Agreement, the prevailing party shall be entitled to recover from the opposing party all 14 costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the 15 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, 16 conditions, or provisions hereof. The costs, salary and expenses ofthe City Attorney and 17 members of his office in enforcing this contract on behalf ofthe CITY shall be considered as 18 "attorneys' fees" for the purposes of this Agreement. 19 5.4. Governing Law. This Agreement shall be governed by and construed under the 20 laws ofthe State of California without giving effect to that body oflaws pertaining to conflict of 21 laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto 22 agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San 23 Bernardino County, California. 24 5.5. Assignment: CONSULT ANT shall not voluntarily or by operation oflaw 25 assign, transfer, sublet or encumber all or any part of CONSULT ANT's interest in this 7 Agreement to an unrelated third party without CITY's prior written consent, which consent shall 2 not be unreasonably withheld or delayed. Any attempted assignment, transfer, subletting or 3 encumbrance shall be void and shall constitute a breach ofthis Agreement and cause for 4 termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall 5 release CONSULTANT of CONSULTANT's obligation to perform ail other obligations to be 6 performed by CONSULTANT hereunder for the term of this Agreement. 7 5.6. Indemnification and Hold Hannless. CONSULTANT shall protect, defend, 8 indemnify and hold harmless CITY and its elected and appointed officials, boards, 9 commissions, officers and employees from any and all claims, losses, demands, suits, 10 administrative actions, penalties, liabilities and expenses, including reasonable attorneys' fees, 11 damage to property or injuries to or death of any person or persons or damages of any nature 12 including, but not limited to, all civil claims or workers' compensation claims to the extent 13 directly arising from or in CONSULTANT's negligent or wrongful acts or omissions in 14 connection with the performance under this Agreement. 15 5.7. Independent Contractor. CONSULTANT, at all times while performing under 16 this Agreement, is and shall be acting as an independent contractor and not as an agent or 17 employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any 18 and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social 19 Security, State Disability Insurance Compensation, Unemployment Compensation, and other 20 payroll deductions for CONSULT ANT and its officers, agents, and employees, and all 21 business licenses, if any are required, in connection with the Services to be performed 22 hereunder. Neither CONSULTANT nor its officers, agents and employees shall be entitled to 23 receive any benefits which employees of CITY are entitled to receive and shall not be entitled to 24 workers' compensation insurance, unemployment compensation, medical insurance, life 25 insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement 8 does not create the relationship of agent, servant, employee partnership or joint venture between 2 the CITY and CONSULTANT. 3 5.8. Conflict ofInterest Disclosure: CONSULTANT or its employee may be subject 4 to the proyisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires 5 such persons to disclose financial interests that may be materially affected by the work 6 performed under this Agreement, and (2) prohibits such persons from making or participating in 7 making decisions that will have a foreseeable financial affect on such interest. 8 CONSULTANT shall conform to all requirements of the Act. Failure to do so 9 constitutes a material breach and is grounds for termination of the Agreement by CITY. 10 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and 11 results under this Agreement. CONSULTANT, when requested, shall furnish clarification 12 and/or explanation as may be required by the CITY's representatiye, regarding any services 13 rendered under this Agreement at no additional cost to CITY. In the event that an error or 14 omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to 15 CITY, proyide all other CONSULTANT professional services necessary to rectify and correct 16 the matter to the sole satisfaction of CITY and to participate in any meeting required with 17 regard to the correction. CONSULTANT will assume the information supplied by the CITY, (or 18 on its behalf by third parties) is accurate and complete. CONSULTANT'S responsibilities (and 19 associated compensation) do not include independent yerification ofrequired information. 20 Problems with information quality and/or delays in providing such information may result in a 21 delay in the performance ofthe Services or an increase in fees. 22 5.10. Prohibited Employment. CONSULTANT shall not employ any current 23 employee of CITY to perform the work under this Agreement while this Agreement is in effect. 24 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation 25 and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 9 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole 2 benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental 3 beneficiaries of this Agreement and no third party shall haye any right in, under or to this 4 Agreement. 5 5.13. Headings Paragraphs and subparagraph headings contained in this Agreement 6 are included solely for convenience and are not intended to modify, explain or to be a full or 7 accurate description of the content thereof and shall not in any way affect the meaning or 8 interpretation of this Agreement. 9 5.14. Amendments. Only a writing executed by all of the parties hereto or their 10 respectiye successors and assigns may amend this Agreement. 11 5.15. Waiver. The delay or failure of either party at any time to require performance 12 or compliance by the other of any of its obligations or agreements shall in no way be deemed a 13 waiver of those rights to require such performance or compliance. No waiver of any provision 14 of this Agreement shall be effectiye unless in writing and signed by a duly authorized 15 representative of the party against whom enforcement of a waiver is sought. The waiver of any 16 right or remedy with respect to any occurrence or eyent shall not be deemed a waiyer of any 17 right or remedy with respect to any other occurrence or event, nor shall any waiyer constitute a 18 continuing waiyer. 19 5.16. Severability. If any provision of this Agreement is determined by a court of 20 competent jurisdiction to be invalid or unenforceable for any reason, such determination shall 21 not affect the validity or enforceability of the remaining terms and provisions hereof or of the 22 offending provision in any other circumstance, and the remaining provisions of this Agreement 23 shall remain in full force and effect. 24 5.17. Counterparts: This Agreement may be executed in one or more counterparts, 25 each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 10 5.18. Corporate Authority. The persons executing this Agreement on behalf of the 2 parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said 3 parties and that by doing so, the parties hereto are formally bound to the provisions of this 4 Agreement. 5 II I 6 III 7 11/ 8 11/ 9 /11 10 /11 11 11/ 12 11/ 13 14 11/ 15 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 III 21 11/ 22 11/ 23 11/ 24 11/ 25 11/ 11 1 IN WITNESS WHEREOF, the parties hereto haye executed this Agreement on the day 2 d date first above shown. 3 TTEST: 4 5 CITY OF SAN BERNARDINO Municipal Corporation and Charter City 6 achel Clark, City Clerk 7 Lori Sassoon, Acting City Manager CONSULTANT: By: 8 9 10 11 pproyed as to form: 12 13 14 15 16 17 18 RlAgenda Items: ARC.200S-Services Agreement Between City of San Bernardino and Alliance Resource Consultants for Executive 19 ecruitment and Services: City Manager-September 2008 20 21 22 23 24 25 26 27 28 12 EXHIBIT "1" ~ ALLIANCE RESOURCE CONSULTING LLC THE POWER OF PARTNERSHIP EXECUTIVE RECRUITMENT SERVICES CITY MANAGER CITY OF SAN BERNARDINO, CA TABLE OF CONTENTS PRO POSAL SUMMARY ......................................................1 Q1}ALIFICATIONS OF THE FIRM............................... 2 PRO POSAL.............................................................................4 THE RECRUITMENT PROCESS.................................... 6 OUR CLIENT'S ROLE ......................................................10 TIME FRAME .......................................................................11 ALLIANCE INNOYATIONS..........................................12 RECRUITMENT COSTS. ................................................14 PROPOSAL SUMMARY Alliance Resource Consulting is cornmitted to providing our clients with the highest caliber of service in the industry. Our team of dedicated professionals utilizes state-of-the-art technology in conducting a search. We are based out of Long Beach, California and are the only firm in California to provide California clients unlimited on-site client meetings. Our current staffing is: Eric Middleton, Managing Partner Sherrill Uyeda, Senior Partner (Palo Alto, CA) Steye Holloway, Chief Financial Officer Revlynn Lawson, Manager (Austin, TX) Nicholas Mesic, Senior Consultant Gisela Garcia McLean, Consultant Syldy Tom, Consultant Richard Kaplan, Research Consultant Eric Middleton will haye final responsibility for all work on this engagement and will be assisted by Nicholas Mesic. This recruitment will be conducted out of our headquarters at One World Trade Center, Suite 1155, Long Beach, CA 90831. This proposal will highlight our background, qualifications, rnethodology, innoyative techniques, and professional service fee with regard to the City of San Bernardino's City Manager recruitment. -1- O!IALIFICATIONS OF THE FIRM We believe we are exceptionally well qualified to assist you. We have extensive nationwide experience recruiting City and County Managers, as well as experience in the northern California. Currently, we are recruiting the City Manager for the City of Gaithersburg (MD) and the City Administrator for the City of Huntington Beach (CA). In the last six rnonths to two years, we have completed the following City/County Manager recruitments: Butte County, CA City of Carlsbad, CA City of Compton, CA City of Concord, CA City of Dallas, TX City of Hesperia, CA City of Hillsboro, OR City of Inglewood, CA City of Irvine, CA City of La Palma, CA City of Monterey Park, CA Los Angeles County, CA City of Long Beach, CA City of Placentia, CA City of San Jose, CA Washoe County, NV Chief Administratiye Officer City Manager City Manager Assistant City Manager Assistant City Manager City Manager City Manager City Manager Assistant City Manager City Manager City Manager Chief Administratiye Officer City Manager City Administrator City Manager Assistant County Manager Our ability to carry out the work required is heayily dependent on our past experience in proYiding similar seryices to others, and we expect to continue such work in the future. It should be noted that all of these recruitrnents were completed on time and within budget. Each search ranged from four to fiye rnonths in duration. -2- We will preserve the confidential nature of any inforrnation receiyed from you or developed during the work in accordance with our established professional standards. We assure you that we will deyote our best efforts to carrying out the work required. The results obtained, our recornmendations and any written material we provide will be our best judgment based on the information available to us and our liability, if any, shall not be greater than the arnount paid to us for the services rendered. If selected, we would be pleased to proYide you with our Agreement for Professional Services. -3- PROPOSAL It is our understanding that the City wishes to conduct a thorough executive recruitment for the position of City Manager. Relative to your present search requirements, we belieye the principal adyantages in using our firm and what may differentiate us frorn others are: >- Our specialization in public sector executive search on a nationwide basis; >- Our proactiye recruitrnent of candidates who rnay not be seeking new employrnent and would not normally respond to routine advertising, or who rnay corne frorn non-traditional sources; >- Our extensive experience recruiting City Managers and other chief executiyes; >- Our ability to capitalize on an established network of the most respected executives in the nation; >- Our track record of success in placing senior level executiyes in particularly sensitive and highly responsible/accountable positions; >- The quality of our work-indicatiye of this is the fact that rnost of our clients have utilized our services on more than one occasion, and many have hired our consultants from 5-to-25 times; >- Our team is skilled in the latest techniques to identify prospective candidates and, as a search progresses, to assist in gathering background information on leading candidates; >- Our proven ability to identify and recomrnend qualified female and minority candidates; >- Our ability to conduct your assignment in a timely and complete manner; >- Our close proxirnity to you with our office based out of Long Beach; -4- ~ Our reputation among clients and candidates for communication (e.g., acknowledgment of resumes, regular reports to the client, face-to-face interviews with candidates); and ~ The thoroughness of our docurnented reference and background checks. We do not merely ask for "fiye work related references." Rather, we request very specific references frorn candidates and supplement our reports with information gathered from available information sources (e.g., Lexis-Nexis, the internet, newspapers and blogs). -5- THE RECRUITMENT PROCESS Our objectiye is always to find the best qualified candidates. We believe that, although notices in professional journals may be helpful, rnany of the best candidates must be sought out and their interest encouraged. Our general farniliarity with the City, knowledge of the field and our relationships with professional organizations make us well qualified to assist you. Our clients have found that we are able to: ~ Build consensus among those inyolved in the hiring process. ~ Develop the appropriate specifications for a position. ~ Encourage the interest of top-level people who would otherwise be reluctant to respond to an adyertisement. ~ Preserve the confidentiality of inquiries, consistent with State public disclosure and open meeting laws. ~ Save a considerable arnount of time for client staff in deyeloping and responding to candidates. ~ Independently and objectively assess the qualifications and suitability of candidates for the particular position for which we are recruiting. If our proposal is accepted, we will do the following: Organization and Position Analysis We will interyiew the appropriate indiyiduals to determine views of the position and expectations regarding desirable training, experience and personal characteristics of candidates. In addition, should you request it, we will conduct/facilitate community outreach meetings and focus group discussions. - 6- We also have experience creating and managing cornmunity surveys, should the City want input from its constituents. We will also gather/review releyant information about the City, such as budgets, organization charts, etc. Once our findings haye been surnmarized, we will subrnit a Recruitrnent Profile with the desired qualifications and characteristics for your approval. The Recruitrnent Profile that will be sent to potential candidates will include inforrnation about the City, the job and the criteria established by you. Sarnple Recruitment Profiles are enclosed. Recruitment Once you have approved the Recruitrnent Profile, we will actiyely seek out individuals with superior qualifications and inyite and encourage their interest. Announcements can be placed on-line and in professional journals. However, we will rely heayily on our own experience, contacts and file data. As a matter of corporate policy, we will not discriminate against any applicant for ernployment on the basis of race, religion, creed, age, color, rnarital status, sex, sexual preference, disabilities, rnedical condition, yeteran status or national origin. A substantial percentage of the placements rnade by our firm have been rninority or female candidates. Frequent comrnunication with our clients is a hallrnark of our firrn. While consultants will provide regular updates on the progress of your search, you will also be able to access up-to-date 'real time' information regarding your search from our secure website. Preliminary Screening We will reyiew, acknowledge and eyaluate all resumes receiyed. Preliminary screening will be based upon criteria contained in the Recruitrnent Profile, inforrnation contained in the resumes subrnitted to us, and our knowledge of the people and organizations in which they work. Telephone screening will be conducted with the most prornising candidates to gain a better understanding of their backgrounds. -7- Progress Reporting Upon cornpletion of our preliminary screening, we will assemble and submit a progress report of the leading candidates to you. This report will include summary resurnes, supplemental information, and the original resumes of those candidates we belieye to be best qualified for the position. Supplemental inforrnation on a candidate typically includes: the size of the organization for which the person works, reporting relationships, budget responsibility, the number of people supervised, related experience and reasons for interest in the position. Any other specific information will be dictated by the criteria set forth in the Recruitment Profile. The purpose of our progress report is two-fold. It allows you an opportunity to reyiew the candidates prior to the conclusion of the search and allows us to receive feedback on the caliber of the candidates recruited. In this way, you will not be surprised by the candidates, as you will haye seen their qualifications prior to the final interyiews. Of course, we are flexible and may consider other individuals as final candidates who are subsequently identified and were not included in the progress report. Candidate Evaluation We will interyiew (either in person or via video-conference) those candidates whose qualifications most closely rnatch the criteria established by you. We will exarnine their qualifications and achievements in yiew of the selection criteria. Additionally, we will verify degrees and certifications and gather newspaper articles via the Internet. As part of our process in eyaluating candidates, we make telephone reference checks. In conducting these references, it is our practice to speak directly with individuals who are, or have been, in a position to evaluate the candidate's performance on the job. These references and our evaluations proYide you with a frank, objective appraisal of the candidates. We will conduct prelirninary references on candidates to be interviewed, and will finalize these for the top one or two candidates. - 8- Final Reporting/Client Interviews We will assist you in scheduling final candidates for interview with your organization, and will send the candidates packets of inforrnation which we obtain from you (e.g., information about the organization and the geographic area, budgets, etc.). We will prepare a brief written report for those candidates most nearly rneeting your specifications, and will provide you with interviewing/selection tips, suggested interview questions, and rating forms for your use. Candidates will not be ranked, for we believe it will then be a matter of chemistry between you and the candidates. We will conduct a "briefing session" imrnediately preceding your interviews to make sure that the process flows smoothly, and will assist you in a "debriefing" irnrnediately following the interviews. Once we finalize references on the top one or two candidates, and conduct credit/criminal/civil litigation/motor vehicle record checks through an outside seryice, we will provide you with a detailed, supplemental written report. Special Assistance Our efforts do not conclude with presentation of the final report. We are comrnitted to you until a successful placement is made. Services that are routinely proYided include: ~ Arranging the schedule of interviews and the associated logistics for final candidates; ~ Advising on starting salary, fringe benefits, relocation trends and employment packages; ~ Acting as a liaison between client and candidate in discussing offers and counter offers; ~ Conducting a final round of reference checking with current employers (if not preYiously done for reasons of confidentiality); and ~ Notifying unsuccessful candidates, who were not recomrnended for interview, of the decision. - 9- OUR CLIENT'S ROLE The client has a very irnportant role in the recruitment process. While we rnay identify and recornmend qualified candidates, it is the client who must rnake the decision about which candidate to hire. In order to insure that the best candidates are ayailable from which to choose, our clients should be willing to do the following: ~ Clearly inform us about rnatters relevant to the search that you wish to keep confidential (e.g., salary, personnel issues, and other privileged information); ~ Supply us with the narnes of people you have previously interviewed/ considered for this position; ~ Forward to us copies of the resurnes you receive, to avoid duplication of effort; ~ Provide feedback to Alliance Resource Consulting regarding the information and recomrnendations proYided by us; ~ Promptly decide upon and follow up in scheduling interviews with the most promising candidates; and ~ Assist in providing information to candidates that will enable them to make their career decisions. By doing the above, we will maximize the likelihood of mutual success. Finally, please be reminded that the United States Imrnigration Reform and Control Act of 1986 requires that all employers yerify an ernployee's eligibility to work in the United States. Since Alliance Resource Consulting cannot serye as your agent in this rnatter, your hiring process should include this verification procedure. -10- TIME FRAME The following is a typical schedule to conduct a thorough recruitrnent. Howeyer, we would be pleased to modify this to rneet your needs: 1" week Meet with the appropriate indiyiduals to gather background information. 2nd to 4th week Deyelop and obtain approyal for the Recruitrnent Profile. Deyelop a list of potential candidates to target. Prepare and place advertisernents, if desired. 5th to 8'h week Actiye recruitment-solicit, receiye and acknowledge resurnes. 9'h week Evaluate resumes and gather supplemental information. lO'h week Submit progress report and rneet with you to review leading candidates. 11 th to 12'h week Verify degrees and certifications, conduct preliminary references and interview the best qualified candidates. 13'h week Subrnit final report and initiate the interview process with you. Following Interyiews Finalize references, conduct credit/criminal/civil litigation/motor vehicle record checks, and assist with negotiations. -11- ALLIANCE INNOVATIONS Technology Alliance Resource Consulting is the only firrn to utilize a custorn-built "online" client/candidate managernent systern. This custom system allows candidates to input their resumes and cover letters on our website. (For candidates who wish to email or mail us a hard copy of their resume, we will input the information for thern.) One of the benefits of our system is that our consultants are able to access this information regardless of where they are staffed. In addition, our client contact is assigned a username and password and is able to check the latest applicant list in real-time. Diversity Striving for diversity in our recruitrnents is a hallrnark of our firm. We use a variety of sources for outreach to various minority communities to ensure the desired diversity of our candidate pool. In addition to our personal contacts in various minority communities, we advertise our positions in publications that target minorities in goyernrnent and further publicize the position through minority organizations such as Blacks in Government and the IHM. To ensure a diyerse pool, we also create a recruiting list of qualified candidates frorn communities that have a comparable level of diversity as our client's community. Recently, we created lists for comparable diversity during recruitments for the City Administrator for the City of Inglewood (CA), the Assistant City Manager for the City of Irvine (CA), the City Manager for the City of Calexico (CA), and the City Manager for the City of Marina (CA). The final pool for the City of lryine included three women among the six finalists. We also collect Equal Ernployrnent Opportunity (EEO) information on our candidate pooL This inforrnation is accessible to our clients in real tirne on our cornpany website. Our firm is illustrative of the diyersity that we strive to bring to our recruitrnents. Our staff of -12- consultants includes two Asian Arnerican women, a Mexican American woman, and an African Arnerican woman. Stakeholder Outreach Our firm has used seyeral methods, including stakeholder meetings, cornrnunity forums and surveys, for stakeholder outreach in a nurnber of previous recruitments. For example, for the City of San Jose City Manager recruitment, our consultants facilitated 13 community outreach rneetings where citizens were inyited to attend and express their opinions about what they were looking for in city manager candidates. For the City of Alexandria's City Manager recruitment, we also rnet with special interest groups such as business leaders, Charnber of Cornrnerce rnembers and historic preseryation groups. During the recruitment of the City Adrninistrator for the City of Huntington Beach (CA), our lead consultant met with each council person, each department head, conducted an open citizen forum and a forum for a group of stakeholders cornprised of two citizens recommended by each councilperson. For the City Manager recruitment conducted for the City of Duarte (CA), our consultants conducted a community panel as well. Our previous experience in stakeholder outreach makes our firm yery qualified to conduct the meetings with the Mayor's Office and City Council Members as well as facilitate multiple stakeholder outreach forums throughout the City that your request for proposal outlined. Lastly, our firm has significant experience in creating citizen surveys should you wish to provide this option to your cornmunity. We have utilized suryeys for many of our city rnanager recruitments. Last year, for the first tirne, we proYided a suryey to our client's citizens in three different languages. The surveys can be accessed on-line, or at our office and our client's office. -13- RECRUITMENT COSTS As a local client, our budget provides for unlimited rneetings with you. The three major client meetings will be: one to develop the Recruitment Profile, one to present our Progress Report, and one to attend interyiews of final candidates. We propose a fixed fee of $17,000 for the work outlined above. In addition, we are reimbursed for expenses such as for adyertising, trayel, interYiewing, sourcing, support seryices, background checks and other related iterns, as well as allocated costs such as telephone, postage and photocopying. These expenses will not exceed $7,500 for a statewide search. All costs and expenses are billed after they are incurred and they are itemized. Please note that this amount for expenses does not include reimbursernent of candidates who travel to be interviewed by you. Unless you notify us to the contrary, we will assume that you will handle these reirnbursernents directly. We will submit three equal monthly invoices for fees, plus an amount for expenses, due and payable upon receipt. Our standard billing schedule on a retained professional fee (and based not on an hourly rate) is as follows: 1st Billing Due upon our submittal of a draft recruitment rofile Due after we rneet and submit our Pro ress Re ort to ou Due after the City conducts interviews with finalists First third of work corn leted Second third of work corn leted Last third of work corn leted 2nd Billing 3,d Billing Please note that this is a standard billing schedule and can be modified as requested. We are committed to working with you until a placement is rnade, however, if the selected candidate (if recornmended by us for hire, and other than an internal candidate) should be terminated within one year frorn the date of hire, we will redo the search for no additional -14- professional fee. Naturally, we would expect to be reimbursed for any expenses that rnight be incurred. You rnay discontinue this assignment at any tirne by written notification. In the unlikely eyent that this occurs, you will be billed for all expenses incurred to the date of the cancellation, and for professional fees based upon the tirne elapsed from the cornrnencement of the assignrnent to the date of cancellation. If a cancellation occurs within the first 30 days of the assignrnent, following either verbal or written authorization to proceed, one-third of the professional fee will be due. If a cancellation occurs thereafter, the fee beyond the first one-third will be prorated based upon the nurnber of calendar days which haye elapsed. If a cancellation occurs after 90 days, all professional fees will be due in full. In addition, Alliance Resource Consulting has a one-year placernent guarantee. Should the City terrninate our placement, or should our placement leaye your organization within one year of hire, we will conduct another recruitment at no additional professional fee. Howeyer, we would expect to be reimbursed for any expenses that rnight be incurred. -15-