Peckham & McKenney Inc City of Ranchd Palos Verdes
MAY 01 2017
CITY OF RANCHO PALOS VERDES
City Manager's Office CONTRACT SERVICES AGREEMENT FOR
EXECUTIVE RECRUITMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and
entered into this 14th day of April, 2017, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and Peckham & McKenny Inc., a
corporation(herein"Consultant").
WHEREAS,the City requires assistance in recruiting a Director of Public Works; and
WHEREAS, the City has consistently had difficulty in attracting a qualified pool of
candidates in the Public Works field; and
WHEREAS, the City requires an experienced executive recruiter who understands each
City's unique opportunities and challenges; and
WHEREAS, Consultant represents that it has specialized experience in recruiting and
outreach for Public Works positions; and
WHEREAS, Consultant represents that it provides like services to other local agencies in
California; and
WHEREAS, Consultant represents that it has experience in the successful recruitment of
department heads.
NOW, THEREFORE,the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.4 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a
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conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit"B" shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of twenty four thousand five hundred Dollars ($24,500.00)("Contract Sum").
2.2 Invoices. Each month Consultant shall furnish to City an original
invoice for all work performed and expenses incurred during the preceding month in a form
approved by City's Director of Finance. By submitting an invoice for payment under this
Agreement, Consultant is certifying compliance with all provisions of the Agreement. The
invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.
Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice
City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant's correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent(10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
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3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty(30)days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant's sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement,this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance(Exhibit"D").
4. COORDINATION OF WORK
4.1 Representative of Consultant. Bobbi Peckham is hereby designated as
being the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Doug Willmore [or such person as may be designated
by the City Manager] is hereby designated as being the representative the City authorized to act
in its behalf with respect to the work and services specified herein and to make all decisions in
connection therewith("Contract Officer").
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
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4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its
sole cost and expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance which shall
cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used,
either the general aggregate limit shall apply separately to this contract/location, or the general
aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including"any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
either (i) bodily injury liability limits of$100,000 per person and $300,000 per occurrence and
property damage liability limits of$150,000 per occurrence or(ii) combined single limit liability
of$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and
any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5-year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B".
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(f) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. The insurance policy must specify that where the primary insured does
not satisfy the self-insured retention, any additional insured may satisfy the self-insured
retention. All of said policies of insurance shall provide that said insurance may not be amended
or cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services
under this Agreement shall commence until the Consultant has provided the City with
Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are
approved by the City. City reserves the right to inspect complete, certified copies of and
endorsement to all required insurance policies at any time. Any failure to comply with the
reporting or other provisions of the policies including breaches or warranties shall not affect
coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated"A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the City's Risk
Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified
Parties") against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from
Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or
indemnitors' negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City's sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
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6. RECORDS,REPORTS,AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
"books and records"), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order
shall not be considered"voluntary"provided Consultant gives the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of
Consultant's conduct.
(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files,reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the "documents and materials") prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
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for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as "works
made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
"works made for hire"for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes, Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days' written notice to Consultant, except that'where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days' written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
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approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder,but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
"C". In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated(provided that the City shall use reasonable efforts to mitigate such damages),and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status,national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor in interest, in the event
of any default or breach by the City or for any amount, which may become due to the Consultant
or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer(with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the
case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72)hours from the time of mailing if mailed as provided in this Section.
8.4 Integration., Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
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any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
8.7 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees,
whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the fmancial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which(s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of "financial interest" shall be
consistent with State law and shall not include interests found to be "remote" or "noninterests"
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
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any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant's Authorized Initials 10
8.11 Corporate Authority. The persons executing this Agreement on behalf
of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[Signatures on the following page.]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
MAlet
Douglas Wilimore, City Manager
Al
VOW
E ity Clerk
CONSULTANT:
By: '
ame: Bobbi Peckham
Title:4' esident
By: f.rt ry
Name: Abe it!`-ieE�� j
Title: /,-c1.
Address: Peckham&McKenny
300 Harding Boulevard
Suite 106E
Roseville, CA 95678
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
C4Gyc4►weal t1
COUNTY OF /TN
On Ys V 2017 before me, /WF+�'n
/ P. /41p/lt,personall appeared/de.)G6( �'Pr'N,0 ; proved to me on
the sis of satisfactory evidence to be the persons) whose names(s)ere subscribed to the within instrument and
acknowledged to me that hi/they executed the same in his7 /their authorized capacity(), and that by
hisatheir signature(s) on the instrument the person‘.9), or the entity upon behalf of which the person(,$) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
KATHLEEN R. HAMMOND
(} COMM.#2171922
WITNESS my hand and official seal 04, 8. NOTARY PUBLIC-CALIFORNIA ill
ir 2-i iltV SACRAMENTO COUNTY k2
Signature://% � �/�b' '" +,�owN _COMM.EXPIRES DEC.11 2020
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
® CO ORA,T,I OFFICER (A 17c' j. Card) ' - ,�� P.
reel,lx'e... TITLE OR TYPE OF DOC I NT
TITLE(S)
❑ PARTNER(S) 0 LIMITED 1/
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01079.0001/281885.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
Sca1or aelts) Ai
COUNTY OF 1,08-41117
2 44On/ r/I Z f , 201 'before me, At, A/p e IC. 'i , efsonallly appeliaared 1%1C/1 Pm12 , proved to me on
the basis of satisfactory evidence to be the person(g) whose names s/ subscribed to the within instrument and
acknowledged to me that ta. - -y executed the same in ceihcritheir authorized capacity), and that by
/' - ' signature(%) on the instrument the persons), or the entity upon behalf of which the person) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct. i" ; ,� i(
KATHLEEN R. HAMMOND'
V. �i, comm.#2171922
WITNESS my han and officials 0 'g, NOTARY PUBLIC-CALIFORNIA C)
�=���?;f* SACRAMENTO COUNTY n
�C)FOPN COMM.EXPIRES DEC.11 2020-
Signature: / or/'
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
6
]' CORPORATE OFFICER 4t4 ci j iti)Ze /g/ffr 4.
.Dere faTITLE OR TYPE OF DOCUMENT
(T 'LE(S)
❑ PARTNER(S) ❑ LIMITED //
El GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
O GUARDIAN/CONSERVATOR
O OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01079.0001/281885.1
EXHIBIT"A"
SCOPE OF SERVICES
L Consultant will perform the following services:
A. Project Organization—Prior to beginning the recruitment process, Consultant will
schedule a conference call to discuss the recruitment process, listen to specific desires
and expectations, and respond to any questions or concerns. Consultant will discuss
expected parameters of the search,the search timeline, and schedule future meeting dates.
At this time,the City will also determine the extent of involvement of other individuals in
the search process.
B. Development of Candidate Profile—This phase provides for the development of a
detailed Candidate Profile. Consultant will meet individually and in groups with those
individuals identified in the Project Organization phase,to discuss the current and future
issues and challenges facing the City of Rancho Palos Verdes and the organization, in
particular. The desired background and experience, leadership style and personality traits,
skills and abilities of the ideal candidate will be discussed. Consultant will also discuss
expectations, goals, and objectives that will lead to the success of the new Director of
Public Works.
C. Recruitment—Advertisements will be placed in the appropriate industry publications
and websites. The marketing brochure containing the Candidate Profile will be sent
physically and electronically throughout California, and it will also be available on
Consultant's and the City's website. The main focus of our outreach will be direct phone
contact with quality potential candidates through our extensive candidate database.
Throughout this active search process, Consultant will keep City notified of the status and
share questions, concerns, and comments received from potential candidates as they
consider the opportunity. Resumes will be promptly acknowledged, and Consultant will
quickly respond to all inquiries. Following the filing date, City will be updated on the
status,the number of resumes received, and our intent for preliminary interviews.
D. Preliminary Interviews/Recommendation—As resumes are received, supplemental
questionnaires will be sent to candidates who appear to meet the candidate profile.
Following the resume filing deadline and a thorough review of the resumes and
questionnaires received, Consultant will conduct preliminary interviews with those
individuals most closely matching the candidate profile. A written recommendation of
finalists will be personally presented to City at an on-site,one-to two-hour meeting. City
will receive a full listing of all candidates who applied for the position, as well as the
cover letters, resumes, and supplemental questionnaires of the recommended group of
candidates for further consideration. Once a group of finalists has been selected, all
candidates will be notified of their status. Consultant will prepare a finalist interview
schedule and notify finalist candidates accordingly.
01079.0001/281885.1 A-1
E. Final Interviews/Selection—During this phase, finalists will be interviewed by the
City. Consultant will provide on-site advice and facilitation assistance during the fmal
interview process. Interview materials, including suggested interview questions,
evaluation and ranking sheets will be provided for the City's convenience. An orientation
session will be held with the interview panel prior to the finalist interviews, and
Consultant will work with the panel through a ranking process and discussion of the
finalists at the end of the day. Consultant will assist the City in coming to consensus on
the leading two to three finalists and will assist City in moving forward with second
interviews and next steps.
F. Qualification—Once the final candidates have been selected, Consultant will verify, at
City's discretion,professional work experience, educational histories, criminal, civil,
credit, motor vehicle records, and second "tier" references. This comprehensive process
ensures that only the most thoroughly screened candidate is hired. In addition, negotiation
assistance will be provided as requested by the City.
As part of the Services,Consultant will prepare and deliver the following tangible
work products to the City:
A. Conference call to discuss the recruitment process, expected parameters, timeline,
and future meeting dates.
B. Marketing Brochure containing the Candidate Profile based on City's desires.
C. Advertisements placed in the appropriate industry publications and websites.
D. Responses to candidates when resumes are received and supplemental
questionnaires to candidates who appear to meet the candidate profile.
E. Preliminary interviews with those individuals most closely matching the
candidate profile.
F. Written recommendation of finalists will be presented to City at an on-site one- to
two-hour meeting.
G. Orientation session and interview materials, suggested interview questions,
evaluation and ranking sheets.
H. Verification of professional and educational histories, criminal, civil, credit,
motor vehicle records, and reference checks.
H. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
01079.0001/281885.1
A. Status updates on resumes, including sharing questions, concerns, and comments
received from potential candidates as they consider the opportunity
III. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
A. Bobbi Peckham
01079.0001/281885.1
EXIT"B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
01079.0001/281885.1 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
RATE TIME SUB-BUDGET
A. Retainer _ _$8,500
B. Tasks A-F _ _$16,000
H. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed $ 24,500.00, as provided in
Section 2.1 of this Agreement.
C-i
01079.0001/281885.1
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Consultant shall provide services from April 14,2017,to October 1, 2017, unless the
City Manager informs Consultant at an earlier date that their services are no longer
needed.
IL Consultant shall deliver the following tangible work products to the City by the
dates agreed upon during Project Organization meeting described in Exhibit A:
A. Conference call to discuss the recruitment process, expected parameters, timeline,
and future meeting dates.
B. Marketing Brochure containing the Candidate Profile based on City's desires.
C. Advertisements placed in the appropriate industry publications and websites.
D. Responses to candidates when resumes are received and supplemental
questionnaires sent to candidates who appear to meet the candidate profile.
E. Status updates on resumes and interviews.
F. Preliminary interviews with those individuals most closely matching the
candidate profile.
G. Written recommendation of finalists will be presented to City at an on-site one- to
two-hour meeting.
H. Orientation session and final interview materials, suggested interview questions,
evaluation and ranking sheets.
I. Verification of professional and educational histories, criminal, civil, credit,
motor vehicle records, and reference checks.
M. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
D-1
01079.0001/281885.1