Loading...
HomeMy WebLinkAboutPeckham & McKenney - City Administrator RecruitmentAGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this day of Qctober, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Peckham & McKenney, having a principal place of business at 300 Harding Boulevard, Suite 106E, Roseville, CA 95678. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 5. 2015 and will continue in effect through June 30, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article. 5, Section D of this Agreement shall- terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2.' INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT.' 'Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, .medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific. Services CONSULTANT agrees to: Perform the services as .outlined in Exhibit "A" ( "Specific Provisions') and Exhibit "B" ("Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4835- 22874MM a AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this bah day of October, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Peckham & McKenney, having a principal place of business at 300 Harding Boulevard, Suite 106E, Roseville, CA 95678. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 5, 2015 and will continue in effect through June 30, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as . outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4835 - 2267 -03610 LAC104706083 -1- _ ACi2EMNIENT FOR SERVICES (Fu cont-m, om S5,C - CONSULTAXI) 111-tFs AG.rtFEN1.; NT rude 0%is e..,y o f o--,- r., bye peer,: CM': City of GiL- oy.l�:Yi g a paincipAplace ofb=,r.. e 73) 56 Rosary S Gilroy, C{ 1ifomm CONSULTANT: P. { ' �� °' � l:u a pci„ a] paw of b t % at i ardin( ulcvw -d_ Suite E Ro-%mi ��.%6U, ARTICLE, 1. TERM OF AGREE- ,NtFjN'T 'i".rai.s Avccm= will become effoc-,i lc or t0 kg 5 t7r' znd wV1.6 continue it Oka Livough Stare 3( 201 izrjl s temir .ved in aearda,�� with 6c, pm- i= of d.rdcie 7 of this Agrow.at. Any lapse in insurance cox . ,,c tai mquimd by Artiolc 5. Sion D of dis ten niwe th s Agr=mcni rej sd � ofany o 1� pcw.. s on rated- � .. In:ti�tl... ARTICLE 2. IN.DEPENI)FliNT Ctyi\ tA(71`OR SSTkTUS 1" is thc v(prm ir,Xntion oti for panics that CONSULTAW is am LrAc dert con?mdr urn! not wn rriployce, *drat, joist t it<. r oT pa ftrr of C:I'TY. Not hills in th.,s A&-=rxcmt allt be imc rctcd or corstrucd as ermating or ab"; ,4xirg t rcle£:vab of employes and ptoyce bc,r. CITE'' ar d CONSU LTAN7 cc any far -. e or azent of GONSULTANM .' h tics cknowledge that CONSULTANT is ro: LEI' cmploytix fc- rate ca* re �i R:t?x . pOcpasea. CONSULTANrr shall cot be cmddcd to any of L%c rigs or scrim a ordW to CMI'S t —mi�`oy*,c i^alL-dic& wi6w limitation, disabitity w ur. pio)r t iP4=drer., b�� �g cnett �. CONISUl�i`�r�.Pt t' slla?t retalu tl:e rift t to p otm: otly rri< ; t°te term of {- kRT1CLI;.: 3. SERVICES °i O tit t'I~R!°ORMP) BY CO 'NSULTA;` Y A. Spec:if c Secriccx COa~SULTAIv F agr to: perfsrm t-re 3)L-, pi a as,oudirA in Exhibit 'A" C'Spoiic T1r1'vi iylv;;,$) 1r,4 Fshjblt "-B*' (.. pe of ;s�x`i<: ` fA, within V tirre pciods dr.:a ijn.. 1�. 1ietlar�d arf I'rtcie�tirt� C�['"'V�C1" 4 CONSLA,"l N'T slWl det nh-me the nict: cA, dct' i ^g and rmua of p forms' ,-t : abovo- w,rib, v-zr- is N, . CITY StAll l haw no : g, ! to, and A 11 t, crir.,1jol L'� r t �� car dct�a.r =.c t-v n-,cl ";od �iC l�k >sc pLtdr�Si t.��a NSUL.i ANA 'S /..�'ft�r��.+�^''.1�.RN:L.J - ... -.e. .._..♦ r..,...... �.. e.- s, u ._.n..a...w...�....=w.:�uneea�. iw.r.�....a.�e......+- r.. —r +�.� C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. .CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of `York CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $26,000.00. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835-2267-03610 -- - LAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any Jhjury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267 -03610 _3 _ LAC104706083 including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion 'of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: i CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; O CITY. will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; 9 CITY will not withhold state or federal income tax from payment to CONSULTANT; 9 CITY will not make disability insurance contributions on behalf of CONSULTANT; e CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4835- 2267- 0361u1 LAM04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business / Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default.in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835 - 2267 -0361v1 _5_ LAC104706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. 'CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition .against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 4835 - 2267 -0361v1 LAC104706083 _6_ C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this . Agreement has any pecuniary interest in the `business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or'degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such ;other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835 - 2267 -03610 LAC104706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: BOBBI PECKHAM CITY OF GILROY By: By: Name: Bobbi Peckham Name: Edward Tewes Title: President Title: Interim Citv Administrator Social Security or Taxpayer Identification Number 4835- 2267 -03610 L 0/04706083 -�- H. GoYeraWg Law and Yentm This Agmvnmu *hail be VD*wuod by aai econsn^ -od in accord&= with the laws of dw Santa of Cxlife m> witbawt recd to the coollits of Lro-s prov�,iskw of any jmisdiodoa. The eatclWvt j indict and veatSw with respom to say arx'3 all dapAes ariu:g herrunder dull be in stft tad faiersl cowu locatfld is Santa Gala Casty, Cali.60C.Ria. +�1 Any ootite to bo Sim homer by cithcr pony to d�o otber may be effrctad ddw by pe vwW deli-my hs %W4ictg or by crail. registavd or ccrtifi4 Page pMaid with ante receipt rtq=ted. Msiltd notices "I be ad&cs3ed to the pw-e cs at the Wrenn o"Ming is EtWMI •A ". Section Y.H. bW etch Party may aAwV tte address by wiittoa aothx in sceosdsoce with t'i:is paragmpL Notices de#iymd paicully will be doeowd ddkeared as of wftw receipt; rrid wd= will be dcarted dcliv cred as of d= (d) d&ys after mWtictg. J. PudalIaValidlty i f any provision in this Agraw=t is hdd by a cowt of o=poted jurisdiction to be iav" v*W or v=k=C ebWa, tine rwiskittg pirovisiom will r-cw&Aim ooMw in M form wig being in3palrod or i nvatid*ed in any way. K. 71M of the Essence All dames and acs referred to in this Agrcanm, vv of t*.e mence. I.. Waiver CONSULTANT qTm that waiver by CITY of any one ot more of (be coaditioos of pe:famance wdear *leis Agreement :hail not be cor,Ar,wd as waivcr(s) of any other oocbditioan of pexfo[II arm taxer this Apt eai. Eatcated at CtUroy, Caltfortx. on the use arA y-zt first abo%,c wYittm . CONSULTANT: BOBBI PECKHA.M�._- ____m... o_ SocAl Secutity or Tnxpa ldcratific4osn Numbw ► -.l /sal i' C W: MY OF GILROY b j ~�•3.J '1• t�i'a Approved as to Fo -^pity Attorney 4835 - 2267 -0361 v1 LAC104706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit `B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Bobbi Peckham, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of .a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, LeeAnn McPhillips shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835 - 2267 -03610 LAC%04706083 - l' Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior. to incurring or billing of direct ° expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform' the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT .shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY.OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver. of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and 'CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267 -0361v1 _2_ LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings; plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835-2267-03610 LACT4706083 -� - H. NOTICES. Notices are to be sent as follows: CITY: LeeAnn McPhillips, Human Resources Department City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Bobbi Peckham Peckham & McKenney, Inc. 300 Harding Boulevard, Suite 106E Roseville, CA 95678 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve r ` federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267 -03610 - 1AM04706083 -4- EXHIBIT "B" SCOPE OF SERVICES See Attached for Scope of Servcies to be provided under this Agreement. 4835- 2267- 0361v1 LAM04706083 P E ; KHA a �. September 10, 2015 Ms. LeeAnn McPhillips Human Resources Director City of Gilroy Via !eeann.mcphillins 2,ci.�irov.ca.uw Dear Ms. McPhillips: Thank you for the opportunity to express our interest in once again assisting the City of Gilroy and the Mayor and City Council in the recruitment of the next City Manager. It is our understanding that the City is interested in a full recruitment and outreach process leading to the successful placement of a quality candidate that "fits" the organization and community. We are fully prepared to team with the Mayor and City Council in order to ensure this outcome. Bringing over 30 years of experience in local government and executive search as well as having conducted the prior search process, I would serve as the City's Recruiter. I have personally conducted hundreds of searches for City Managers, County Administrators, City Attorneys, and other Council -and Beard- appointed positions throughout the Western United States. In fact, within the past five years alone, I have conducted a total of 32 .City b[anager searches including the California cities of Arroyo Grande, Brentwood, Palmdale, Santa Clara, and Tracy, among others. Once again, thank you for this opportunity. We would be honored to work with the City of Gilroy in representing this opportunity to potential candidates. Sincerely, Bobbi C. Peckham, President bobbi;li :: ckhamandmckenmev.com (916) 730 -2014 (cetl) Peckham & blcKenney, Inc. w,.z .v.peckh_a<nandncke�nev.com 300 Hardin? Boulevard, Suite 106E Roseville, CA 93673 (366) 912 -1919 (toll -free); (916) 771 -7501 (fax) Item X.B. City Admin. Recruitment -: TABLE OF CONTENTS QUALIFICATIONS .1 KEY PERSONNEL 3 PROJECT WORKMAN 5 PROJECT SCHEDULE 7 REFERENCES 8 COST PROPOSAL. AND INSURANCE 9 PLACEMENT GUARANTEE AND ETHICS 10 EXECUTIVE SEARCHES (CouncWBoar&Aaaointed Placements) 11 Item X.B. City AOmin. Recruitment QUALIFICATIONS Peckham & McKenney provides Executive Search services to local government agencies throughout the Western United States and is headquartered in Roseville, California. The firm was established as a partnership in June 2004 and incorporated in 2014 by Bobbi Peckham and Phil McKenney, who serve as the firm's Recruiters and bring over 60 years combined experience in local government and executive search. Ms. Peckham serves as the firm's President and majority owner. Phil McKenney serves as the Chief Operating Officer and SeretaryiTreasurer. Either of the firm's principals may be reached toll free at (866) 912 -1919. Most importantly, we are not a "recruitment mill." Peckham & bicKenney was established on the premise that an executive search and consulting firm must be dedicated to providing its clients and candidates with professional service, as well as a personal, hands -on approach- Our business philosophy center upon the understanding that this is a "people" related industry and drat attention to others' needs is the key to providing effective customer service. Not only are we committed to providing our clients with well- qualified candidates, but we also take pride in treating both our clients and candidates with utmost respect. This commitment has lead to multi-year retainer agreements with a number of agencies, as-well as numerous client and candidate testimonials to their experiences with us. We invite you to visit our web site at w -h a.Peck;,am.And%[cKernev_com. Citv Manager Recruitment Experience (2010 - Present) Bringing over 50 years' combined experience in local government and executive search, we have conducted hundreds of searches for City Managers, County Administrator, City Attorneys, and other Council- and Board - appointed positions throughout the Western United States. Within the past five years, we placed a total of 33 City Managers with California cities. Of those 34 individuals placed, only 5. have left for retirement or other career opportunities. A comprehensive list of these placements follows: City of American Canyon, CA Dana Shigley 2011 - Present City of Anderson, CA Jeff Kiser 2012 - Present City of Antioch, CA Steve Duran 2013 - Present City of Arroyo Grande, CA Dianne Thompson 2015 (recently appointed) City of Auburn, CA Tim Rundel 2014 - Present City of Bell, CA (the reborn ciC,) Doug W'illmore 2011 -2015 City of Belmont, CA Greg Scolds 2010 - Present City of Belvedere, CA Mary Nddan 2012 - Present City of Benicia, CA Brad Kilger 2010 - Present City of Brentwood, CA Gus Vina 2013 - Present City of Burbank, CA tilark Scott 2012 - Present City of Burlingame, CA Lisa Goldman 2012 — Present City of Campbell, CA Maj�k Linder 2 011 — Present City of Carmel -by- the -Sea Jason Stillwell 2011 -2014 City of Cupertino, CA David Brandt 2012 - Present City of Encinitas, CA Gus Vina 2010-2015 City of Eureka, CA Greg Sparks 2013 - Present City of Exeter, CA Randy Groom. 2010 - Present City of Hu�hson, CA Bryan �V niremyer 2010-2013 City of Indian Wells, CA Wadd McKinney 2013 - Present City of La Palma, CA Ellett Volmert 2012 - Present City of La Quinta, CA Frank Spevacek ?012 - Present City of Mill Valley, CA J m McCan�r 2010 - Present To.vn ofMoraga, CA Jill Kiemach 2010 - Present Item X.B. -City Admin. Recruitment City of Palmdale, CA David Childs 2011— 2015 (retired) City of Palmdale, CA Jim Purtee 2015 (recently appointed) City of Palos Verdes Estates, CA TonyDahlerbrueh 2013 - Present City of Piedmont, CA Paul Benoit 2013 — Present City of San Clemente, CA Jatnes Makshaaoff 20I4 - Present. City of Santa Clara, CA Julio Fuentes 2012.— Present City of Tracy, CA Troy Brown 2014 — Present City of Tulare, CA Don Dorman 2010 -Present . City of Waterford, CA Tim Ogden 2010 - Present City of West Sacramento, CA Martin Tuttle 2012 — Present Town of Woodside, CA Kevin Bryant 20 11 — Present 2 Item X.B. City Admin. Recruitment KEY PERSONNEL Given the extent of her experience and industry knowledge, Bobbi Peckham will serve as the City of Gilroy's Recruiter on the search for the next City Manager. Ms. Peckham will be supported by all members of the firm's professional and experienced support staff: Profiles follow. Bobbi C. Peckham Bobbi Peckham has one of the strongest reputations throughout the West Coast as a leading local government Recruiter with over 30 years of experience in local goverment and executive search. She is frequently sought out and retained due to her high ethics, integrity, hands -on customer service, and unique ability to identify candidates that "fit" her client agencies and communities. Ms. Peckham began her career in the City Manager's office for the City of Naperville, IL, the fastest growing community in the country at the time. Ms. Peckham was then recruited to join the Executive Search practice of a leading California recruitment firm. Later, she played an integral role in creating. a. national search business for what became the largest recruitment practice serving local government in the country. Here; she became Regional Director overseeing Northern California and a nine -state region. In 2004, Ms. Peckham formed her own search firm in partnership with Phil McKenney. Ms. Peckham has personally conducted hundreds of. national searches throughout the Western United States. She has extensive experience working with City Councils, Executive Boards, and local government administrators, listening to and understanding their needs, in executive level placements. Ms. Peckham received a Bachelor of Science degree in Organizational Behavior from the University of San Francisco. She is a contributing member of the International City/County Management Association, Cal -ICMA; and sha'is.actvely involved in Women Leading Government and the Municipal Management Associations of Northern & Southern California. Ms. Peckham serves on the Planning Committee for the annual Women's Leadership Summit, at which she coordinates and leads the highly regarded Executive Roundtable Discussions with over 30 female local government leaders. In addition, Ms. Peckham was instrumental in writing the ICMA's Job Hunting Handbook. Phil McKenney Phil McKenney has over 35 years' management experience and is very familiar with local government agencies, Having 'red a county organization and having worked with numerous city governments and special districts. Mr. McKenmey began his career in the resort and hospitality industry and, served as General Manager for Mattakesett Properties on the island of Martha's Vineyard. He then relocated to Keystone Resort in Colorado, which is now, acknowledged as a premiere all- season resort with special recognition for its level of guest services. Mr. McKenaey later took over the he of the 5�,,,..,,it County Chamber of Commerce as their Executive Director. This hybrid - Chamber was the only countywide organization responsible for marketing all of Summit County, Colorado, home to Breckenridge, Keystone, and Copper Mountain resorts. Through his leadership and collaborative style, and working. with the cities and county within Summit County, he led the Chamber to being a readily recognized and well- . respected organization within Colorado and the Western United States. Mr.. McKenney was then selected by Placer County, California to lead the merger of the North Lake Tahoe Chamber of Commerce and the North Tahoe Visitors and Convention Bureau into the North Lake Tahoe Resort Association. As Executive Director of this new county organization, he represented the Tourism industry for all of North Lake Tahoe. The Resort Association is now a proactive, nationally recognized organization whose model of governance is being replicated in numerous resort communities across the western United States. Mr. McKemey joined Ms. Peckham in executive recruitment in January 2003 and has since conducted hundreds of national recruitments throughout the Western states, including Colorado, Arizona, Idaho, Wyoming, Oregon, and 3 Item X.B. City Admin. Recruitment California. Mr. McKenney has an undergraduate degree in Recreation from Slippery Rock State College.as well as a Master of Business Administration from the University of Denver. Joke Johnson Joyce Johnson joined Peckham & McKenney in 2005 and serves as the firm's• Office Manager. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. She oversees internal administration of the firm as well as directing contract administrative support in the areas of advertising and design; web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment firms. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment. process. Ms. Johnson holds an Associate of Arts degree from American River College. Cathy West - Packard Cathy has provided her design and marketing skills to Peckham & McKenney Recruiters for over 25 years. She is firm's m's "go -to" professional for all advertising and brochure design and creation. Rebecca Bach Rebecca joined Peckham & McKenney in 2012 and currently serves in the areas of social media, administrative support, research, and special projects. Rebecca has served in a number of administrative roles for agencies within the United States as well as in New Zealand, where she served as office manager for a non - profit organization. Rebecca has 10 years' experience working with both the everyday tasks that it takes to tun an office as well as overseeing the financial departments of several companies/organizations. Kevin Johnson Kevin has been a member of the team since 2009 and currently serves as a Research Assistant. He supports the firm's Recruiters through his research of local government agencies and networks, potential candidates, and current candidates prior to recommendation to our clients. Kevin mastered his researching. abilities while obtaining a Bachelor of Arts in Economics from Willamette University. Bradley Frank The newest member of the Peckham & McKenney team, Bradley holds the official title of Technology Guru as he expertly oversees the firm's web site as well as responding to all technology questions from the firm's principals. He is currently studying Material Sciences & Engineering at the University of California, Merced. 0 Item X .-B. City Admin. Recruitment PROJECT WORK PLAN While it is our intent to customize the search and project schedule to fit the City's specific needs, the search process typically includes the following key actions:. Project Organization.— Pri or to beginning the City Manager search, Ms. Peckham will discuss with the City the recruitment process, listen to specific desires and expectations of the Council, and respond to any questions or concerns. We will discuss expected parameters of the search, the search timeline, and schedule future meeting dates. At this time, the Mayor and City Council will determine the extent of involvement of any other individuals, such as community representatives,. labor,, and executive management team members. DevetoDment of .Candidate Profile fon -site #1l — This phase provides for the development of a detailed Candidate Profile and may require two full days to complete, depending upon the involvement of other individuals (as above). Ms.. Peckham will meet individually with the Mayor and members of the City Council to discuss the current and future issues and challenges facing the City of Gilroy. The desired background and experience, leadership style and personality traits, skills and abilities of the ideal candidate will be discussed. We will also discuss expectations, goals, and objectives that will lead to the success of the new City Manager. Typically, we devote significant time to this phase of the recruitment in order to become fully knowledgeable of the organization, community, and desired profile of your next City Manager. We encourage our clients to allow us to meet with staff, the executive management team, Commission members, labor representatives, community business leaders, residents, and others.. These may one - on-one meetings, small group discussions, or larger public forums, depending upon the appropriate style and venue desired by the City. Electronic survey tools may also be utilized to provide input opportunities to the community on a broader scale. Recruitment — Advertisements will be placed in the appropriate national, industry publications and websites, and our firm will assume responsibility foe presenting your opportunity in an accurate and professional manner. Full information on the position will be posted on our firm's web site as well as the City's site. In addition, as attractive brochure willbe. prepared to market the organization and position to potential candidates. This brochure will be mailed to up to 500 industry professionals across the country, and it will also be available on our firm's web site. Copies of the brochure will also be made available to the City. The main focus of our outreach, however, will be direct phone contact with quality potential candidates. With over 27 years of executive search experience, we have developed an extensive candidate database that is continuously utilized and updated In addition, we continually refine our database by attending the annual League of California Cities City Manager Department Meeting, reinforcing long - standing relationships with potential candidates and establishing new ones. Our recruiting efforts will focus on direct and aggressive recruiting of individuals within the search parameters established during the Candidate Profile Development phase. We believe direct recruiting produces the most qualified candidates. We have significant success in the placement of individuals with diverse cultural backgrounds. In fact 36 % of our placements over the past 10 years have been women and/or ethnically diverse candidates. We strive to recruit and present to our clients a candidate pool that reflects the unique diversity of the communities that we serve. One method of doing so is by utilizing a variety of professional associations and web sites in posting various career opportunities. Throughout this active search process, we will regularly notify the City of the status and share questions,,concerns,.and comments received from potential candidates as they consider the opportunity. By doing so, we will "team" with the City to ensure that all issues and concerns of candidates are discussed and understood thereby eliminating "surprises" once the resume filing deadline has occurred. Item X3. City Atlmin. Recruitment As resumes are received, they will be promptly acknowledged, and we will personally respond to all inquiries. Once the resume filing deadline has passed, the City will be once again updated on the status of the recruitment, the number of resumes received, and our intent for preliminary interviews. Preliminary Interviews — 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, Ms. Peckham will conduct preliminary interviews with those individuals most closely matching the candidate profile. Preliminary reference and background (credit and criminal) checks will be conducted. Since 2004, we have conducted background investigations through SterlingBackCheck, which is the largest background checking company in the world, established in 1975. Recommendation of Finalists (on-site 42) — A written recommendation of finalists will be personally presented to the Mayor and City Council by Ms. Peckham in a one - to two-hour meeting. The Council 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 forfiuther consideration. Once a group'of finalists has been selected by the Mayor and Council, all candidates will be notified of their status. We will prepare a finalist interview schedule and notify finalist candidates accordingly. If necessary, finalists will make their own travel.plans:ancl reservations. It is customary that the City reimburse finalists for to trip airfare; carrental,. and lodging necessary to attend the interviews with the Mayor and City CounciL We will confirm this with the City at our meeting to recommend finalists. Final Interviews /Selection (on -site #3 and #4, if necessary) — During this phase, finalists will be interviewed by the City Council as well as others identified early in the search process (Project Organization step). Ms. Peckham will provide on -site advice and facilitation assistance during the final 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 those involved prior to the finalist interviews, and we will work with the Council and.other-panels through a ranking process and discussion of the finalists at the end of the day. Ms. Peckham will assist the City Council is coming to consensus on the leading two to three finalists for further consideration, and we will provide recommendations on next steps, including additional meetings or social engagement with each finalist to Ieaia more of the 'fit" they may bring. In the past, our clients have chosen to conduct subsequent interviews, roundtable discussions, meals, or receptions with these finalists. NU. Peckham will provide the City Council with recommendations and options for this process. Qualification — Once the final candidate has been selected by the Council, our firm will verify, again through SterlingBackCheck, professional work experience; degree verification; and criminal, civil, credit, and motor vehicle records a and industry- standard seven years). Second "tier" references will also be contacted. This comprehensive process ensures that only the most thoroughly screened candidate is hired. In addition, negotiation assistance and the execution of an employment agreement will be provided as requested by the Mayor and City Council. Our ultimate goal is to exceed your expectations and successfully place a candidate who "fits" your organization's and community's needs now and into the future. R -Item KB. City-Admin., Recruitment I. PROJECT SCHEDULE ACTIVITY Project Organization , • Meeting with City to discuss recruitment process • Formalize project schedule TIME FRAME Pre - Recruitment H. Development of Candidate Profile Two Weeks • On -site, individual meetings with Mayor and City Council members • Meetings with other identified individuals according to Project Organization step • Development Candidate Profile/Marketing Brochure and obtain approval from City • Develop advertising and recruiting plan lII. Recruitment Six Weeks • Advertise, network, and electronically post in appropriate venues • Send marketing brochure to 500 industry professionals • Post opportunity on firm's web site as well as City's' site • Search for / identify /recruit individuals within the parameters of the Candidate Profile • Respond to all inquiries and acknowledge all resumes received IV. Preliminary Interviews/Recommendation Three Weeks • Review candidates' resumes and supplemental questionnaires • Conduct preliminary interviews with leading candidates Conduct fast -tier reference checks and credit/criminal checks • Present written recommendation of finalists to Mayor and City Council • Notify all candidates of search status V. Final Interviews/Selection Two Weeks • Schedule finalist candidate interviews • Design process and facilitate finalist interviews with City Council • Assist City throughout process and provide recommendations • City Council selects candidate or leading 2 -3 candidates for fiuther consideration • Council conducts second interview process. VI. Qualification One Week • Conduct thorough background checks and second "tier" references • Negotiation assistance • Exceed expectations and successfully place candidate who "fits." 7 Item X.B. City Admin. Recruitment _ _- REFERENCES Please feel free to contact any of the followin,g current and recent clients to kxpire about their experience with Bobbi Peckham as their Recruiter. In addition, we would be pleased to f rrtdish the client contact and phone numbers for any past clients of Ms. Peckham or Mr. McKenney listed in the Attachment. Citv of Auburm CA - City Manager (2014) Bridget Powers, Mayor; Keith Nesbitt, Vice Mavor; or Tim Rundel, City Manager (530) 8234211; trur_'elaaubt.-mcasov Citv of Brentwood. CA - City Mana?er (2015) Bob Taylor, ifayor, or Gus Vina, City Manager (925) 516- 5140; bravlorl-ci.br=twoodcagov City of Burbank. CA -City Manager (2013). Emily Gabel- Luddy, Council member, or Mark Scott, City Manager (213) 230 -5784; e-_1udd­,a'w1.com Citv of Escondido. CA - Assistant Citv Mana?er (2015) Clay Phillips, City Manager (760) 839 4577;. Lthillinsraci.escondido.rs.us City of Indian Wells. CA - City Manager (2013 ) Wade McKinney, City Nlanager (760) 346 -2489; wckirsttiindian;�zl!s.com Citv of Palmdale. CA - Citv Manager (2011 and 2015) James Ledford, Nlayor (661) 26 7-5 1 DO Citv of Palos Verdes Estates. CA - City Manager (2013) Jim Goodhart, Mayor; or Tony Dahterbruch, City Manager (310) 378 -0383; i �{�aa ^, ave;tates.ary Citv of San Clemente. CA - City Manazer (2014). Assistant Citv '-%tanaaer (2013) and- .Community Development Director (2015) Sam Penrod, Human Resources Manager (949) 361 -3321; gent � crsan- cE,;,.ente.or� Cirv.of Santa Clara. CA - Citv Manager (2013) Jamie Matthews, Nfayor; Julio Fuentes, City Manager (408) 483 -7713; fizbrow-n a-;a:itaclaraca.eo� Citv of Tracy. CA - City Manager (2011) and assistant City iNIana?er (current) Brent Ives, former Mayor, (209) 740 -6779; Troy Brown, City Manager, (935) 321 -5631; Trov.browni'a ci_tracv.caus 8 -Item X.B. City Admin. Recruitment COST PROPOSAL & 1NSIJRANCE Professional Fee The professional fee for the recruitment of the City Manager is $18,500. One -third of this fee is due upon execution of the agreement. The remainder of the fee will be divided and billed in two separate, monthly invoices. Expenses The City will also be responsible for reimbursement of expenses not to exceed $7,500. Expenses include out -of - pocket costs associated with consultant travel, advertising, support/printing/copying/postage/materials, and background checks (partial checks on recommended candidates; full background check on the selected candidate). Additional expenses incurred due to requested additional meetings as well as full background checks on more than one candidate will be negotiated and billed accordingly. Insurance Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000;000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($1,000,000). Our Insurance Broker is Wells Fargo Insurance, Inc., Charlotte, NC, and our coverage is provided by Sentinel Insurance Company and The Hartford. 0 Item X.B. City Admin. Recruitment PLACEMENT GUARANTEE AND ETHICS Our placement record is particularly strong in that 87% of the candidates we have placed within the past five years continue in those positions today. In the unlikely event, however, that a candidate_ recruited and recommended by our firm leaves your employment for any reason within the fast year (except in the event of budgetary cutbacks, promotion, or position elimination), we agree to provide a one -time replacement at no additional charge, except expenses. Time and. again, we receive unsolicited comments from clients and candidates relating to our integrity and high ethics. • First, we be in honesty. No client should ever appoint an individual without being fully knowledgeable of the candidate's complete background and history. Conversely, no candidate should ever enter into a. new career opportunity without full disclosure of any organizational "issues." • We strive to keep everyone involved in a recruitment process informed of the status. Not only do .we provide regular updates to our clients, but we also have a reputation for keeping our candidates posted, even to the extent of informing them as to who was eventually selected. • As recruitment professionals, we do not recruit our placements -- ever. Should a placement of ours have an interest in a position for which we are recruiting, they may choose to apply. However, if they become a finalist, we ask that they speak to their supervisor (Council member or Manager) to alert them of their intent. • We do not recruit staff from our clients for another recruitment during an active engagement. • We do not "parallel process" a candidate, thereby pitting one client against another for the same candidate. ■ _ We are retained only by client agencies and not by our candidates. While we have a reputation for being actively involved in the profession and providing training, workshops, and general advice to candidates, we represent only our clients. In addition, we always represent and speak of our client in a. positive manner, during the recruitment engagement as well as years after. ■ We do not misrepresent our client list.. Only those searches that Bobbi Peckham or Phil McKenney personally conducted appear on our list; rather than those conducted by other Recruiters while with other executive search firms. 10 Item X.B. City Admin, Recruitment PECKHAM & MCKENNEY EXECUTIVE SEARCHES (Counc"oard Anoointed) City /County Manaser, Executive Director, and Related Alameda County Waste Mgt. Authority American Canyon, City of American Water Works Assoc., CA/NV Section Anderson, City of Antioch, City of Arroyo Grande, City of Arvada, CO, City of Ashland, OR, City of Atherton, City of Auburn, City. of Baldwin Park, City of Bell, City of Belmont, City of Belvedere; City of Benicia, City of Big Bear Lake, City of Big Bear Lake, City of Big Bear Lake, City of Btentwood; City of . Buellton, City of Burbank, City of Burlingame, City of California Water Pollution Control Association Calistoga, City of Campbell, City of Carlsbad, City of Carmel -by- the -Sea, City of Corvallis, OR, City of Cupertino, City of Daly City, City of Del Mar, City of Delano, City of Douglas County, CO Douglas County, NV Douglas County, NV Durango, CO, City of Eagle County., CO El Dorado Hills Community Services District, CA Encinitas, City of Escondido, City of Eureka, City of Exeter, City of Foothills Park & Recreation District, Littleton, CO Fort Lupton, CO, City of Fremont, City of Garfield County, CO Gilroy, City of Gilroy, City of Glendora, City of Grand Junction, CO, City of Greeley, CO, City of 11 Item X.B.: City Admin. Recruitment. Executive Director City Manager Executive Director City Manager City Manager City Manager Deputy City Manager City Administrator (2002 and 200.5) Assistant City Manager City Manager Chief Executive Officer City Manager City Manager City Manager City Manager City Manager (1995, 2001 and 2006) General Manager, Dept of Water & Power Asst General Mgr., Dept of Water& Power City Manager City Manager City Manager City Manager Association Manager City Manager City Manager Assistant. City Manager City Administrator City Manager City Manager Assistant City Manager City Manager City Manager Deputy County Manager County Manager Assk County Manager City Manager County Manager General Manager City Manager Assistant City Manager CP City Manager City Administrator Executive Director City Administrator Assistant City Manager County Manager City Administrator Assistant City Administrator City Manager City Manager (2001 and 2006) City Manager Hayward; City of Hayward, City of Hesperia, City of Hughson, City of Indian Wells, City of Indio, City of Incline Village General Improvement District, N V Ketchum, City of ID King City, City of La Plata County, CO La Quinta, CA La Palma, CA Laramie, WY, City of Mammoth Lakes, Town of Manitou Springs Chamber of Commerce, Visitors Bureau &•Office of Economic Development, CO Martinez, City of Midpeninsula Regional Open Space District Midpeninsula Regional Open Space District .Mill Valley,,.City.of. Milpitas, City-of Monte Vista Water District Moraga, Town of Mountain House Community Svcs. District, CA Mountain Village, CO, Town of Norco, City . of North Lake Tahoe Public Utility District North Lake Tahoe Resort Association Novato, City of Orange County Fire Authority Pacifica,. City of Palmdale, City of Palo Alto, City of Palos Verdes Estates, City of Park City Municipal Corporation, UT PARSAC Piedmont, City of Pleasant Hill,. City of Point Arena, City.of Porterville, City of Public Agency Risk Sharing Authority of CA [rancho Murieta CSD, CA Redding, City of Redlands, City of Redwood City, City of Rohnert Park, City of Sacramento, CA, Crocker Art Museum San Clemente, City of San Clemente, City of San Jacinto, City of San Jose, City of San Mateo, County of San Rafael, City of Santa Clara, City of Santa Clan Co. Open Space Authority Sea Ranch Association, CA 12 Item X.B. City Admin. Recruitment_ City Manager Assistant City Manager City Manager City Manager City Manager City Manager General Manager City Administrator City Manager County Manager City Manager City Manager City Manager Town Manager Chief Operating Officer City Manager General Manager Assistant General Manager (2 Posts) City Manager City Manager General Manager Town Manager General Manager Town Manager City Manager General Manager (2004 and 2007) Executive Director City Manager Assistant Chief; Business Services Assistant City Manager City Manager Assistant City Manager City Manager 2007 and 2013 City Manager General Manager City Administrator City Manager City Manager Deputy City Manager General Manager General Manager City Manager City Manager City Manager City Manager Executive Director City Manager Assistant City Manager City Manager Executive Director, Historical Museum County Manager Assistant City Manager (2008 and 20 15) City Manager General Manager Community Manager Sedona, AZ, City of Snowmass ViIlage, CO, Town of Solana Beach, City of St. Helena, City of Steamboat Springs, CO, City of Steamboat Springs Chamber Resort Assoc., CO Teton County, WY Tracy, City of Tracy, City of Truckee, Town of Ttilare, City of . Tulare Co. Economic Development Corporation Washington County, OR Waterford, City of West.Sacramento, City of Windsor, CO, Town of Winter Park, CO, Town of Woodside, Town of Yakima Regional. Clean Air Authority, WA Yolo, County of My AttorneylLe2al Counsel Antioch, City of Archuleta County, CO Ashland, OR, City of Brisbane, City of Burlingame, City of Eureka, City of Garfield County, CO Hayward, City of Mesa County, CO Midpeninsula Regional Open Space District, CA Milpitas, City of Mountain Village, CO, Town of Pleasanton, City of Redding, City of Richmond, City of San Bruno; City of Simi Valley, City of South Lake Tahoe, City of Yolo County, CA 13 Item X.B. City Admin. Recruitment City Manager Town Manager City Manager City Manager City Manager Executive Vice President County Administrator City Manager Assistant City Manager Town Manager City Manager (2005 and 2011). President Director of Health & Human Services City Administrator City Manager Town Manager Town Manager Town Manager Executive Director /Air Pollution Contl Officer County Administrator City Attorriey County Attorney City Attorney City Attomey City Attorney City Attomey " County Attomey City Attorney County Attorney General Counsel Assistant City Attomey Town Attorney City Attomey Assistant City Attomey City Attomey City Attomey City Attorney City Attorney County Counsel EXHIBIT "C" MILESTONE SCHEDULE See attached Project Schedule for milestones associated with the work under this Agreement. 4835- 2267 -0361 v 1 _ 1 LAC104706083 PROJECT SCHEDULE ACTIVITY TIME FRAIbIE I. Project Organization Pre- Recruitment • Meeting with City to discuss recruitment process • Formalize project schedule 11. Development of Candidate Profile Two Weeks • On -site, individual meetings with Mayor and City Council members • Meetings with other identified individuals according to Project Organization.step • Development Candidate Profile/Marketing Brochure and obtain approval from City • Develop advertising and recruiting plan M. Recruitment Six Weeks • Advertise, network, and electronically post in appropriate venues • Send marketing brochure to 500 industry professionals • Post opportunity on firm's web site as well as City's site • Search for / identify /recruit individuals within the parameters of the Candidate Profile • Respond to all inquiries and acknowledge all resumes received IV. Preliminary Interviews/Recommendation Three Weeks • Review candidates' resumes and supplemental questionnaires • Conduct preliminary interviews with leading candidates o Conduct fast -tier reference checks and credit/criminal checks • Present written recommendation of finalists to Mayor and City Council • Notify all candidates of search status V: Final Interviews/Selection Two Weeks • Schedule finalist candidate interviews • Design process and facilitate finalist interviews with City Council • Assist City throughout process and provide recommendations • City Council selects candidate or leading 2 -3 candidates for further consideration • Council conducts second interview process. VI. Qualification One Week • Conduct thorough background checks and second "tier" references • Negotiation assistance • Exceed expectations and successfully place candidate who "fits." 7 Item X.B. City Admin. Recruitment -= EXHIBIT "D" PAYMENT .SCHEDULE See attached Cost Proposal for payment schedule and terms. 4835 - 2267 -0361v1 7 LAC104706083 _. COST PROPOSAL & INSURANCE Professional Fee The professional fee for the recruitment of the City Manager is $18,500. One -third of this fee is due upon execution of the agreement. The remainder of the fee will be divided and billed in two separate, monthly invoices. Expenses The City will also be responsible for reimbursement of expenses not to exceed $7,500. Expenses include out-of-pocket costs associated with consultant travel, advertising, support/ printing /copying/postage/materials, and background checks (partial checks on recommended candidates; full background check on the selected candidate). Additional expenses incurred due to requested additional meetings as well as full background checks on more than one candidate will be negotiated and billed accordingly. Insurance Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000;000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($I,000,000). Our Insurance Broker is Wells Fargo Insurance, Inc., Charlotte, NC, and our coverage is provided by Sentinel Insurance Company and The Hartford. Item X.S City Admin. Recruitment PECKHAM -01 LARO ACOA ® �� CERTIFICATE OF LIABILITY INSURANCE 71T0128/201 E.(MMIDD/YYYY) 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wells Fargo Insurance, Inc. 600 South Highway 169 Saint Louis Park, MN 55426 -1205 NAME: Wells Fargo Insurance Inc. PHONE FAX AIC. Ext :866.294.8458 A/c No): 866.407.7326 ` ADDRESS: businessinsurance welisfar o.com INSURER(S) AFFORDING COVERAGE NAIC p 7/23/2015 INSURERA:Sentinel Insurance Company, Ltd 11000 $ 2,000,00. INSURED Phil McKenney & Bobbi C. Peckham DBA Peckham & INSURER B :HISCOX Insurance Company Ltd. $ 1,000,000 INSURER C: MED EXP (Any one person) McKenney 300 Harding Blvd Ste 106e Roseville, CA 95678 INSURER 0: INSURER E : $ Excluded_ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY 1 JECT F7 LOC OTHER: INSURER F: $ 4,000,00 PRODUCTS - COMP /OP AGG COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE J= ADDLSUBR POLICY NUMBER MM /DDY EFF MM /DD EXP LIMITS A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE FK OCCUR 41SBAAX2578 7/23/2015 7123/2016 EACH OCCURRENCE $ 2,000,00. DAMAGE TO RFNTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ Excluded_ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY 1 JECT F7 LOC OTHER: GENERAL AGGREGATE $ 4,000,00 PRODUCTS - COMP /OP AGG $ 4,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 41SBAAX2578 7/23/2015 7/2312016 Ea accidenntSINGLE LIMIT $ 2,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) DESCRIPTIONOF OPERATIONS below N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ _ B Professional Liability MPL143040815 3/4/2015 3/4/2016 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may attached If more space is required) City of Gilroy, CA LeeAnn McPhillips 7351 Rosanna St. Gilroy, CA 95020- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICYHOLDER COPY NF P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10 -26 -2015 CITY OF GILROY, CA NF 7351 ROSANNA ST GILROY CA 95020 -6141 GROUP: POLICY NUMBER: 9103671 -2015 CERTIFICATE ID: 30 CERTIFICATE EXPIRES: 06 -24 -2016 06 -24- 2015/06 -24 -2016 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MCKENNEY, ROBERT PHIL SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - PECKHAM, ROBERTA PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06 -24 -2015 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PECKHAM & MCKENNEY, INC. NF 300 HARDING BLVD., 106 E ROSEVILLE CA 95678 [P1A,HO] IREV.7 -20141 PRINTED : 10 -26 -2015 FEBRUARY 2, 2016 CITY OF GILROY, CA 7351 ROSANNA ST GILROY CA 95020 -6141 IN REPLY REFER TO: CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ---------------------- CANCELLATION WITHDRAWAL NOTICE ------------------------ - - - - -- RE: CERTIFICATE DATED OCTOBER 26, 2015 THE CANCELLATION HAS BEEN WITHDRAWN FOR THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW. THIS LETTER SUPERSEDES THE NOTICE OF CANCELLATION SENT TO YOU ON JANUARY 13, 2016. THIS EMPLOYER'S WORKERS' COMPENSATION INSURANCE COVERAGE CONTINUED UNINTERRUPTED. EMPLOYER: PECKHAM & MCKENNEY, INC. 300 HARDING BLVD., 106 E ROSEVILLE, CA.95678 POLICY 9103671 -15 CUSTOMER SERVICE REPRESENTATIVE CUSTOMER SERVICE CENTER (88`8) 782 -8338 5860 Owens Dr Pleasanton, CA 94588 -3900 Mailing Address: P.O. Box 8192 • Pleasanton, CA 94588 -9682 SCIF 19102