In addition to providing a full range of municipal services, San Jose operates the SJC international airport, and a library system with 24 branches. The City also oversees convention, cultural, and hospitality facilities that include the San Jose McEnery Convention Center, the Center for the Performing Arts, California Theater, Mexican Heritage Plaza, and the SAP Center San Jose - home of the National Hockey League's San Jose Sharks.
The City's operations are supported by 6,592 full-time equivalent positions and a total budget of approximately $5.3 billion for the 2022-2023 fiscal year. San Jose is dedicated to maintaining the highest fiscal integrity and earning high credit ratings to ensure consistent delivery of quality services to the community.
Extensive information regarding San Jose can be found on the City's website at www.sanjoseca,gov and https://www,sanjoseca, gov /your-government/departments-offices/office-of-the-citymanager /budget/bud get-documents. 162
Division Manager - Airport Capital Improvement Program - Public Works
PUBLIC WORKS DEPARTMENT
The Public Works Department provides a wide array of services that are integral to the successful planning, operations, maintenance and economic development of the City of San Jose, delivered in an exceptional manner. The Department consists of staff that provide design review, permit approval, construction management and inspection of various projects, including roadways, parks, libraries, fire stations, utility infrastructure and private development. The Department of Public Works is guided by the City's values:
C!IY Of- .
SANJQSE
CAPJ'li\l. OF SILICON VAi.i F.Y
Mission Statement:
To provide excellent service in
building a smart and sustainable
community, maintaining and
managing the City's assets, and
serving the animal care needs of
the community.
Vision Statement:
Building the best public facilities
through collaboration and
innovation.
Public Works is one of the largest Departments in the City of San Jose and consists of a staff of 624 with an annual operating budget of $154 million. The Department has a wide range of responsibilities, including a primary role in the development and implementation of the City's $3.3 billion capital improvement program, management of the City's fleet and facilities assets, and planning and construction of the San Jose International Airport facilities.
Public Works is focused on creating greater opportunities for San Jose residents by addressing service needs, streamlining service delivery methods, and partnering with entities both within and outside of the City organization. Public Works is organized into functional Divisions:
• Administrative Services Division • Development Services • Facilities Management • Animal Care & Services • Engineering Services • Fleet Management • City Facilities Architectural Services • Equality Assurance • Transportation and Hydraulics Services • PW Airport CIP
The Department is a primary leader within the City's Capital Improvement Program (CIP), with a focus on voter-approved improvements projects such as the $650 million Measure T Program along with Airport CIP, which the new Division Manager will administer.
Page4
163
Division Manager - Airport Capital Improvement Program - Public Works SAN JOSE Ml NETA INTERNATIONAL AIRPORT {SJC)
San Jose Mineta International Airport (SJC) is a self-supporting enterprise owned and operated by the City of San Jose. Fueled by a culture of innovation, SJ) is the Bay Area's easiest and most dependable airport due to its medium size, simple layout, temperate SJC SAN JOSE MINETA #, INTERNATIONAL AIRPORT
climate, and inland location. SJC is a convenient gateway to Northern California and the Silicon Valley region, providing nonstop service across North America and to Europe and Asia.
SJC serves 13 million passengers annually. SJC is the nation's fastest growing airport and emerged from the pandemic distinguished as the first US Airport to receive accreditation by the Global Bio-risk Advisory Council (GBAC) for its commitment to the highest levels of safety and cleanliness.
SJC is less than four miles from the city center. The location near downtown is convenient, yet future expansion opportunities provide unique challenges. Providing capital project programs for the Airport can be demanding due to Federal Aviation Administration (FAA) grant approvals and timelines.
The Airport Director was named one of the top 100 most powerful influencers in Silicon Valley recently. New Look Same Simple Airport I San Jose lnternatjonal {f):ysanjose.com)
THE DIVISION MANAGER POSITION
The former incumbent in this position was recently promoted to the Deputy Director's role. The new Division Manager will report directly to the Deputy Director of Public Works and will manage a growing team of nine (9) skilled engineers, architects, and analysts. The successful candidate will be a registered professional engineering and/or architect. The Division Manager is responsible for assisting in the planning, organizing, directing and coordinating operational and administrative service functions within the Division and assisting executive and senior management in the formulation and implementation of department policies and procedures. The Division Manager is responsible for overseeing of total project management: from forecasting, planning, design, engineering, bidding, and construction management through to ribbon cuttings. The Division Manager position performs work of considerable difficulty including:
1. Hiring and retaining staff to assist on-time delivery of projects that meet budget will be key. DEi sensitivity and implementation practices are required
2. Lead and manage the Training and Development team to create consistent project management practices and improvement in our contractor outreach program
3. Leadership, coordination, and enhancement for airport capital activities between the Airport Board, the Public Works departmental divisions, elected officials, other stakeholders, and the public, using the City's values as a guide
4. Leading the majority of the $650 million Measure T Program which builds projects to improve Disaster Preparedness, Public Safety, and Infrastructure. The latest status report can be found here.
5. Building capital infrastructure in partnership with and creating opportunities for small and local businesses to participate in public works projects. Design/build methodology is often used while guiding contractors and the overall team.
6. Directing special Airport strategic planning programs
7. Presents reports and information to the City Council, boards, committees, and other divisions or departments as necessary
8. Represents the Department of Public Works in a variety of airport interdepartmental and intergovernmental matters
9. Maintain compliance with all applicable regulations and to use sound airport engineering principles to achieve team effectiveness in project delivery
Note:
This recruitment may be used to fill multiple positions in this, or other divisions or departments. If you are interested in employment in this classification, you should ~ to ensure you are considered for additional related opportunities that may utilize the applicants from this recruitment.
JOB DESCRIPTION
CAPITAL IMPROVEMENT
-- PRO_GBAM (~IP}
164
Division Manager - Airport Capital Improvement Program - Public Works -
. . r _.
THE IDEAL CANDIDATE
The ideal Division Manager will be experienced in bringing capital projects from start to finish, will be a fast learner, nimble, diplomatic, and have a demonstrated capability of working with multiple stakeholders. The ideal person will also enjoy working with a multitude of stakeholders as partners in the delivery of airport capital improvements that will return foreverlasting credit to the new Division Director's capabilities and career.
An in-depth knowledge of employing airport industry standard specifications, municipal codes, and engineering principles is desired. Identifying opportunities to streamline the project planning, design, and management processes will be a mark of their success. A strong focus on customer service and partnering with other departments and agencies is essential.
The Division Manager will need to balance the demands of quality, speed, and cost with regard to the development and rapid implementation of the Airport's Capital Improvement Program. The customary process is to deploy design/build methods and needs appropriate leadership. The Department's priority of "Building our City together with our Community" by focusing on promoting local worker and local/small business participation on our projects must be a priority for the selected candidate.
Leadership and interpersonal skills include the ability to manage nine (9) professionals and multiple consultants to troubleshoot problems and work toward mutually beneficial solutions. Listening and writing well, being thoughtful, diligent, and strategic are essential. A politically astute individual is desired who will possess the talent for listening to and balancing various perspectives in developing the most effective and efficient solution. Effective cooperation with the Departments of Airport, Environmental Services, Fire, and Transportation, elected officials, and community stakeholders is paramount.
165
Division Manager - Airport Capital Improvement Program - Public Works
COMPETENCIES
The ideal candidate will possess the following competencies, as demonstrated through their employment history:
Job Expertise: Demonstrates knowledge of, and experience with, applicable professional/technical principles and practices, citywide and departmental procedures/policies, and federal and state rules and regulations --including knowledge or experience related to:
• Experience in large capital project budget preparation and administration • California Environmental Quality Act (CEQA) or comparable requirements • Experience in human resource management, including employee recruitment, retention, and organizational development • Design/Build capital project delivery
• Design, review, and construction of public infrastructure, such as airport/airfield and/or public roads and facilities • Understanding the use of engineering or architecture technology Supervision: Sets effective long and short-term goals based on a good understanding of management practices; establishes realistic priorities within available resources; provides motivational support; empowers others; assigns decisionmaking and work functions to others in an appropriate manner to maximize organizational and individual effectiveness.
Communication Skills: Communicates and listens effectively and responds in a timely, effective, positive and respectful manner; written reports and correspondence are accurate, complete, current; well-organized, legible, concise, neat, and in proper grammatical form. Ability to effectively present ideas orally and in writing.
Management: Evaluates priorities to ensure that the "true" top priorities are handled satisfactorily; sets clear goals for the employees and the work unit.
Political Skills: In taking action, demonstrates an understanding and consideration of how their actions will impact stakeholders and affected areas in the organization.
Problem Solving: Approaches a situation or problem by defining the problem or issue; determines the significance of problem(s); collects information; uses logic and intuition to arrive at decisions or solutions to problems that achieve the desired outcome.
Customer Service: Approaches problem-solving by focusing on customers first; advocates for customer results point of view; demonstrates the ability to anticipate customers' needs and deliver services effectively and efficiently in a timely, accurate, respectful and friendly manner.
Conflict Management: Uses appropriate interpersonal styles and methods to resolve conflict that arises from the varying opinions on project issues/outcomes.
Fiscal Management: Understands the relationship of the budget and resources to the strategic plan; complies with administrative controls over funds, contracts, and procurements.
Teamwork/ Interpersonal Skills: Uses efficient and cost-effective approaches to integrate technology into the workplace and improve program effectiveness. Use of diversity, equity, and inclusive principles required.
166
Division Manager - Airport Capital Improvement Program - Public Works Page8
REQUIRED EDUCATION AND EXPERIENCE
• Education: Bachelor's degree in engineering, architecture, or a similar field. • Experience: Six (6) years of progressively responsible professional experience in managing public infrastructure engineering, capital project delivery, program administration or equivalent
• Supervision: Three (3) years of supervisory experience. • Licenses or Certificates: Positions require being a registered professional engineer or architect and being capable of securing a valid CA driver's license • Employment Eligibility: Federal law requires all employees to provide verification of their eligibility to work in this country. Please be informed that the City of San Jose will not prepare or file a labor condition application with the Department of Labor.
• Vaccinations: Pursuant to the City's Covid-19 Mandatory Vaccination Policy. the City of San Jose requires all new hires to provide proof of Covid-19 vaccination as a condition of employment absent a documented medical and/ or religious exemption.
PREFERENCES
• Knowledge and familiarity with Federal Aviation Administration (FAA) policies related to grants and airport construction and project management
• Management experience in an equivalent major division within a City • Master's degree in a related field
■
167
Division Manager - Airport Capital Improvement Program - Public Works
COMPENSATION AND BENEFITS
The salary range is $117,868 to 186,574, DOQ/E, including five percent (5%) on-going non-pensionable pay. The City also provides an excellent array of benefits, including:
Retirement - Competitive defined benefit retirement plan with full reciprocity with Cal PERS; defined contribution plan available as an option.
Health Insurance - The City contributes 85 percent towards the premium of the lowest cost non-deductible plan. There are several plan options.
Dental Insurance - The City contributes 100 percent of the premium of the lowest priced plan for dental coverage.
Personal Time - Vacation is accrued initially at the rate of three weeks per year with amounts increasing up to five weeks after 15 years of service. Executive Leave of 40 hours is granted annually and depending upon success in the Management Performance Program could increase to up to 80 hours. Sick Leave is accrued at the rate of approximately 8 hours per month.
• Holidays - The City observes 15 paid holidays annually. • Deferred Compensation - The City offers an optional 457 Plan. • Flexible Spending Accounts - The City participates in Dependent Care Assistance and Medical Reimbursement Programs.
• Insurance - The City provides a term life policy equal to two times annual salary. Long-term disability and AD&D plans are optional.
• Employee Assistance Program - The City provides a comprehensive range of services through the EAP. • Remote Work - Some remote work flexibility is available yet three days minimum are currently required in the office.
Page9
168
Division Manager - Airport Capital Improvement Program - Public Works
APPLICATION AND SELECTION PROCESS
Deadline is April 10, 2023. Apply online at www.GovHRJobs. i;QIIL. Submit a cover letter, resume, answers to the
questions at application link, and three (3) work-related references (who will not be contacted without prior notice).
Save the possible interview dates: May 16th (virtual) and May 25th & 26th (in-person). Contact rcotton@govhrusa.
com for questions.
The selection process will consist of an evaluation of the applicant's training and experience based on the candidate's credentials and responses to the Job Specific Questions below at the application link, restated below.
City of San Jose is an equal opportunity employer. Federal law requires all employees to provide verification of their eligibility to work in this country. Please be informed that the City of San Jose will not sponsor, represent, or sign any documents related to visa applications/transfers for H1-B or any other type of visa that requires an employee application.
EEOC. For more information on employee benefits, visit the City's benefits website.
Online Questions
Do you have a bachelor's degree? If yes, please indicate the field of study and the college or university from
which you obtained your degree.
Do you have six (6) years of progressively responsible
professional experience in managing public
infrastructure engineering, land use permitting, capital project delivery, program administration or equivalent? If so, describe your experience.
Do you have at least three (3) years of experience
supervising or leading staff or project teams? If so,
describe your experience.
Provide the licensure number(s) for their registered
professional engineer or architecture license.
There is a 4,000-character limit for each response.
Cover letter directions
Describe how your education and experience makes you
the best candidate for this position, please be sure to include any experience in the following areas:
• Managing and delivering capital projects
• Budget planning and monitoring of various
programs and projects
• Leading a work unit to achieve a common goal
• Having knowledge and experience related to an
airport capital improvement program or similar
industrial facility
Your cover letter should be one to two pages. This
response will also be used to evaluate your written
communication skills.
Candidates whose backgrounds best match the position
will be invited to advance in the selection process.
169
THIS PAGE IS INTENTIONALLY LEFT BLANK
170
~ RAFTELIS
City of Los Banos
Public Works Director/City Engineer, Assistant
Public Works Director, and Public Works
Operations Manager Recruitment Services
PROPOSAL/ SEPTEMBER 27, 2023
171
~ RAFTELIS
September 27, 2023
Ms. Lucy Mallonee, MMC, City Clerk/Human Resources Director City of Los Banos, 520 J Street, Los Banos, CA 93635
Subject: Proposal for Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager Recruitment Services
Dear Ms. Mallonee:
We are pleased to submit this proposal for executive search services. Our focus has always been to help local government and utility clients solve their financial, organizational, and technology challenges. We are dedicated to providing management consulting services, including executive search, to local governments and the utility industry.
The Novak Consulting Group (TNCG) and Raftelis have always shared a focus on delivering lasting solutions for local government agencies. In January 2020, TNCG joined Raftelis. Today, we provide our clients with wideranging capabilities and resources in financial, management, technology, and communications consulting for all areas oflocal government. Our clients now have the expertise of more than 160 of the country's leading local government consultants. We know that our combined capabilities and resources will provide added value to our clients.
Our project team for the City of Los Banos (City) comprises skilled professionals, seasoned in local government management with search experience across the country. Our team has completed over 350 searches, and we have had significant success in identifying and retaining ideal candidates who meet each organization's unique set of needs and expectations. We have extensive experience recruiting for utilities positions, including Public Works Directors, as well as a widespread network within the public utilities industry. We are confident our approach will result in a successful leader for the organization. Our mission is to strengthen communities, and we do this by helping them find the best leaders to help move their organizations forward.
We look forward to the opportunity to serve the City of Los Banos. If you have any questions, please contact Catherine Tuck Parrish, our executive search practice leader, using the following contact information:
Catherine Tuck Parrish, Vice President
Phone: 240.832.1778 / Email: [email protected]
Sincerely,
;;;~;.oA1 .. J,_
Julia Novak
Executive Vice President
19 Garfield Place, Suite 500, Cincinnati, OH 45202
www.raftells.com
172
RAFTELIS
CHARITABLE
GIFT FUND
Making our world better
The Raftelis Charitable Gift Fund allocates
profits, encourages employee contributions,
and recognizes time to charitable
organizations that support:
• Access to clean water and
conservation
• Affordability
• Science, technology, and leadership
Raftelis is investing in improved
telecommunication technologies to reduce
the firm's number one source of carbon
emissions-travel.
s
Diversity and inclusion
are an integral part of
Raftelis' core values.
We are committed to doing our part to fight
prejudice, racism, and discrimination by
becoming more informed, disengaging with
business partners that do not share this
commitment, and encouraging our
employees to use their skills to work toward
a more just society that has no barriers to
opportunity.
Table of
Contents
Firm Overview .......................................... 1 References ............................................... 3 Recruitment Team ................................... 5
Project Approach .................................. 12
Cost Proposal ........................................ 17 Appendix A: Recent Experience .......... 18
Appendix B: Sample Work ................... 24
173
FIRM OVERVIEW
WhoWeAre
RAFTELIS AND THE NOVAK CONSULTING GROUP,
HELPING LOCAL GOVERNMENTS AND UTILITIES THRIVE
RAFTELIS 1
Local government and utility leaders partner with Raftelis to transform their organizations by enhancing performance, planning for the future, identifying top talent, improving their financial condition, and telling their story. We've helped more than 600 organizations in the last year alone. We provide trusted advice, and our experts include former municipal and utility leaders with decades of hands-on experience running successful organizations. People who lead local governments and utilities are innovators--constantly seeking ways to provide better service to the communities that rely on them. Raftelis provides management consulting expertise and insights that help bring about the change that our clients seek.
TNCG is Now Raftelis
The Novak Consulting Group (TNCG) and Raftelis have always shared a focus on delivering lasting solutions for local government agencies. In January 2020, TNCG joined Raftelis. Today, we provide our clients with wideranging capabilities and resources in financial, management, technology, and communications consulting for all areas oflocal government. Our clients now have the expertise of more than 160 of the country's leading local government and utility consultants, who have decades of experience. We know that our combined capabilities and resources will provide added value to our clients, and we're excited about what we can accomplish together.
We believe that Raftelis is the right.fit for this project. We provide several key factors that will benefit the City and help to make this project a success.
RESOURCES & EXPERTISE: This engagement will require the resources necessary to effectively recruit for your unique position and the skillsets to complete all of the required components. With more than 160 consultants, Raftelis has one of the largest local government management and financial consulting practices in the nation. Our depth ofresources will allow us to provide the City with the technical expertise necessary to meet your objectives. In addition to having many of the industry's leading management and financial consultants, we also have experts in key related areas, like stakeholder engagement and data analytics, to provide additional insights as needed.
DECADES OF COLLECTIVE EXPERIENCE: Our associates and subject matter experts have decades of experience in strengthening local municipalities and nonprofit organizations. They've served in a wide range of positions, from city manager to public works director to chief of police.
PERSONAL SERVICE FROM SENIOR-LEVEL CONSULTANTS: You appreciate it when deadlines are met, phone calls are returned, and your challenges are given in-depth, out-of-the-box thinking. While other firms may assign your business to junior-level people, our approach provides exceptional service from senior-level consultants.
NICHE EXPERTISE: Our expertise lies in strengthening public-sector organizations. We're consulting specialists rather than generalists, focusing our strengths to do a highly effective job for a specific group of clients. 174
RAFTELIS 2
Firm Capabilities
rri 0
FINANCE: Meet your goals while maintaining a
financially sustainable organization
• Rate, charge, and fee studies
• Financial and capital planning
• Cost of service and cost allocation
• Customer assistance programs
• Affordability analysis
• Utility valuation
• Budget development
• Financial condition assessments
• Debt issuance support
• Economic feasibility and analysis
e
COMMUNICATION: Communicate strategically
to build an informed, supportive community
• Strategic communication planning
• Public involvement and community outreach
• Public meeting facilitation
• Graphic design and marketing materials
• Media and spokesperson training
• Risk and crisis communication
• Social media strategy
• Visual facilitation
• Virtual engagement
STRATEGIC PLANNING: Set the direction for
the future of your organization and community
• Organization, department, and community-based
strategic planning
• Effective Board I Commission I Council
governance
• Retreat planning and facilitation
ORGANIZATION: Plan for long-term
sustainability and operate with maximum
efficiency
• Organizational and operational assessments
• Stormwater utility development and implementation
support
• Performance measurement
• Staffing analysis
• Organizational climate and culture
• Asset management and operations
• Regional collaboration and service sharing
• Process improvement
TECHNOLOGY: Use your data and technology
to improve experience and gain valuable insights
• Billing, permitting, and customer information audits
• Business process development
• Data management, analytics, and visualization
• Performance measurement and dashboarding
• Software solutions
• Website development
• Information technology assessments and strategic
planning
• Customer management assessments and
optimization
• CIS selection and implementation
• AMR/ AMI feasibility studies
• Mobile workforce management
• Meter data management
• CMMS selection and implementation
• GIS optimization services
• Fleet management systems
fr
EXECUTIVE RECRUITMENT: Identify top
talent to lead local governments and utilities
175
RAFTELIS 3
REFERENCES
References
Raftelis is uniquely positioned to perform this recruitment because of our knowledge of local government and our extensive network across the nation. Our clients tell us we are more than just consultants-we are trusted advisors.
The following table lists a few comparable recruitments we have conducted and references for each of them. For each of these recruitments, we engaged in a full-service search process, customized to the needs of the organization, to fill these positions. Our team worked with elected officials, appointed leaders, and key staff to understand the needs of the organization and the traits of the ideal candidate for the position, and, using this feedback, developed a position profile, recruitment materials, and timeline. Our team advertised the position, actively recruited candidates, and screened applicants against the position profile. The candidates who best fit the profile were interviewed, and the most promising candidates were presented to the organization, who decided, with the help of our team, which candidates will move forward to semi-final and then final interviews. Our team facilitated the interviews and, once the final candidate was chosen, our team assisted with salary and contract negotiations.
Client
City of Beaverton, Oregon
• City Manager (2021)
• Information Technology and Services Director (2023)
• Interim City Manager (2020)
• Finance Director (2022)
• Public Works Director (2023)
City of Boulder, Colorado
•
•
•
•
•
•
•
•
•
•
•
City Attorney (2021)
Chief Building Official (2023)
City Manager (2020)
Chief Human Resources Officer (2022)
HRIS Manager (2020)
Human Resources Senior Manager (2020)
Human Resources Director (2017)
Independent Police Monitor (2020, 2023)
Director of Planning and Development Services (2020,
2022)
Total Rewards Senior Manager (2020)
Utilities Engineering Manager (2021)
Reference
Patricia Anderson Wieck, Director of Human
Resources
(503) 526-2522
[email protected]
Jenny Haruyama, City Manager
(503) 526-2372
[email protected]
P.O. Box 4755
Beaverton, OR 97076
Nuria Rivera-Vandermyde, City Manager
(303) 441-3090
[email protected]
Chris Meschuk, Deputy City Manager
(303) 441-3388
[email protected]
Aimee Kane, Equity Program Manager
(303) 441-4235
[email protected]
Chris Douville, Deputy Director of Operations
(303) 441-7409
[email protected]
1777 Broadway
Boulder, CO 80302
176
City of Fort Collins, Colorado
• Assistant City Manager (2023)
• Chief Sustainability Officer (2023)
• Community Development and Neighborhood Services
Director (2020)
• Community Services Director (2021)
• Deputy City Attorney (2023)
• Deputy City Manager (2020, 2022)
• Environmental Services Director (2021)
• Natural Areas Director (2021)
• Recreation Director (2021)
• Utilities Executive Director (2021)
SIMILAR RECRUITMENTS
RAFTELIS 4
Teresa Roche, Chief Human Resources Officer
215 North Mason Street, 2nd Floor
Fort Collins, CO 80524
(970) 221-6535
[email protected]
Catherine MacGowan, HR Partner
215 North Mason Street
Fort Collins, CO 80524
(970) 221-6819
[email protected]
Dean Klingner, Deputy Director, Planning,
Development & Transportation
281 College Avenue
Fort Collins, CO 80524
(970) 221-6511
dk:[email protected]
Raftelis offers a deep understanding of all of the elements of utility operation, gained through our work with more than 1,000 drinking water, clean water, storm.water, and solid waste utilities throughout North America. We are able to help leverage this extensive utility knowledge with our recruitment knowledge and tap client networks across the country. Our executive practice lead has worked in cities and counties that provided water, wastewater, solid waste, and electric utility services. In addition, as recruiters, we have worked with regional utility providers and understand the differences among different stakeholder groups. We have successfully recruited for the following 17 positions within Public Works and Utilities.
• City of Abilene, TX: City Engineer
• City of Baltimore, MD: Solid Waste Bureau Head
• City of Beaverton, OR: Public Works Director
• City of Boulder, CO: Utilities Engineering Manager
• City of Camden, SC: Public Utilities Director
• City of Cedar Rapids, IA: Public Works Director
• City of Cedar Rapids, IA: Utilities Director
• City of Fort Collins, CO: Utilities Executive Director • City of Gaithersburg, MD: Public Works Director
• City of Hood River, OR: Public Works Director
• City of Lafayette, CO: Deputy Public Works Director
• City of Newberg, OR: Public Works Director
• City of Newport News, VA: Engineering Director
• City of Yuma, AZ: Engineering Director
• Harrisonburg-Rockingham Regional Sewer Authority (HRRSA), VA: Executive Director • Livingston County Water and Sewer Authority (LCWSA), NY: Executive Director • Sewerage and Water Board of New Orleans, LA: Utility Human Resources Administrator 177
RAFTELIS 5
RECRUITMENT TEAM
Recruitment Team
WE HAVE DEVELOPED A TEAM OF CONSULTANTS WHO SPECIALIZE
IN THE SPECIFIC ELEMENTS THAT WILL BE CRITICAL TO THE
SUCCESS OF THE CITY'S RECRUITMENT.
Our team includes senior-level professionals to provide experienced project leadership with support from talented consultant staff. This close-knit group has frequently collaborated on similar successful recruitments, providing the City with confidence in our capabilities. On the following pages, we have included resumes for each of our recruiting team members. 178
Catherine Tuck Parrish
PROJECT DIRECTOR/LEAD RECRUITER
Vice President - Executive Search
PROFILE
Catherine has 30 years of management experience working for local governments of all sizes, nonprofit organizations, and associations. She leads the firm's executive search practice and has conducted over 160 searches for manager/ administrator; police chief; fire chief; directors of public works, planning, economic development, finance, human resources, and human services; and many other key positions in local governments across the country.
In addition to executive recruitment, she has facilitated numerous governing body workshops, staff retreats, and strategic planning sessions.
Her work as a consultant includes project management and contributions to several local government projects such as process improvement studies, departmental assessments, planning and permitting process reviews, and policy development.
Catherine's most recent local government experience was as deputy city manager in Rockville, Maryland, where she oversaw parks and recreation, human resources, information technology, finance, neighborhood resources (citizen engagement), communications, customer service, and intergovernmental functions. She also served as acting city manager in Rockville for nearly a year. Before joining the City of Rockville, Catherine served as assistant to the county executive in Fairfax County, Virginia, working on change management issues, including a new pay system, employee surveys, implementation plans, and internal communication improvements. Catherine also served as an ethics advisor at the International City /County Management Association (ICMA), counseling elected officials and citizen groups regarding employment agreements, form of government issues, and recruitment. Additionally, she worked for the city of Denton, Texas.
She chaired the ICMA's Acting Manager Task Force, which produced a handbook for interim managers. She also led the Maryland City/County Management Association (MCCMA) as president and vice president. She served as president, vice president, and secretary of the Metropolitan Association of Local Government Assistants in the Washington, D.C.
RAFTELIS 6
SpeclaltlN
• Executive search
• Strategic planning
• Facilitation
• Strategy development and
implementation
• Community engagement
• Employee engagement
Pro,-.lonal History
• Raftelis: Vice President (2021-
present); Senior Manager (2020-
2021 ); Executive Search Practice
Leader, The Novak Consulting Group
(2010-2020)
• Management Partners: Senior
Manager (2009-2010)
• City of Rockville, Maryland: Deputy
City Manager/Acting City Manager/
Assistant City Manager (2001-2009)
• Fairfax County, Virginia: Assistant to
the County Executive (1998 -2001)
• ICMA: Ethics Advisor/ Senior Local
Government Programs Manager
(1994-1998)
• City of Denton. Texas: Administrative
Assistant to the City Manager (1990-
1994)
l!clucatlon
• Master of Public Administration -
University of Kansas (1990)
• Bachelor of Arts in Communication
Studies/Personnel Administration -
University of Kansas (1988)
Pr~lonal Membershlpa
• International City/County Management
Association (ICMA)
• Engaging Local Government Leaders
(ELGL)
• Maryland City/County Management
Association (MCCMA)
metro area. Catherine has spoken at national and state conferences on a variety of topics, including recruitment trends, civility, effective councils, ethics, forms of government, human resources, long-term financial planning, budget strategies, developing high performing organizations, and leadership. She has also spoken at the National League of Cities' Leadership Training Institute on recruiting and evaluating the CEO. She is a certified instructor of the Myers-Briggs Type Indicator instrument.
179
Heather Gantz
RECRUITER
Senior Manager
PROFILE
Heather has over 20 years ofleadership experience in recruiting, talent acquisition, and executive search, with the last 13 years focused on local government. She leads executive searches for the firm, where she is known for her thoroughness as well as engendering trusting relationships with both the client and candidate while providing exceptional customer service throughout the process.
Heather has conducted over 65 searches in the public sector. She has delivered positive search outcomes for dozens of high profile public organizations and is an expert at guiding strategy and tailoring outreach to find even the most niche candidates. Heather has successfully recruited for city and county managers and administrators, deputy and assistant managers, human resources, finance , community and economic development, public safety, parks and recreation, public works, and many more local government professionals. In addition, she has led numerous executive-level searches in the social/nonprofit sector and recruited leadership positions for technology, creative, accounting, and finance professionals in the private sector.
In addition to executive recruitment, Heather has experience supporting organizational effectiveness. She is known for providing effective leadership development and contributing to employee growth and development initiatives. Heather has advised individuals and small groups on career RAFTELIS 7
SpeclllfflN
• Executive Search
• Leadership Development
• Employee Growth and Development
• Innovation
• Facilitation
• Project Management
• Community Engagement
• Diversity of Thought
ProfNelonal History
• Raftelis: Senior Manager (2022-
present); Manager (2020- 2021)
• Waldron: Director (2007-2020)
• Private Sector Recruiter (1996-
2007)
l!ducatlon
• Bachelor of Arts in Business
Management - University of Phoenix
(2000)
Profeaslonal Memberships
• Engaging Local Government
Leaders (ELGL)
transition and job search strategies. Topics include knowledge and skill assessment, resume development, Linkedin, networking, interview preparation, and salary and offer negotiation. Heather has also completed several leadership evaluations and performance reviews for local government leaders.
Heather has a passion for supporting diversity and innovation in the public sector. She served as an early Advisory Board Member for ELG L and remains an active and involved member in support of their mission of engaging the brightest minds in local government. In addition, Heather has served as a recurring speaker and presenter at the Northwest Women's Leadership Academy (NWWLA) in support of advancing women into leadership roles from a variety of backgrounds in local government.
180
Pamela J. Wideman
RECRUITER
Senior Manager
PROFILE
Pamela has over 25 years of experience in leading local government teams, with the last 10 years in executive leadership with the City of Charlotte. She is adept at forging creative solutions to government and community issues at the local level, with service to the community as the foundation of her leadership style. She is known for her thoroughness as well as engendering trusting relationships with elected officials, executive leadership across public, private, and non-profit organizations, and residents, all while providing exceptional customer service throughout the process.
Pamela most recently served as the Director of the City of Charlotte's Housing & Neighborhood Services Department, leading a team of over 200 staff across five key divisions. Pamela shaped Charlotte's affordable housing landscape and managed the oversight of millions of public dollars. She helped create and preserve over 5,000 affordable housing units, created and successfully deployed COVID-19 Pandemic relief programs for rent, mortgage, utility, and deposit assistance to keep vulnerable residents housed during the pandemic, developed a new local rental subsidy program, and managed over $68 million in homelessness support and prevention.
During her work there, Pamela hired numerous staff members for her Department and participated on executive search panels for positions both with the City of Charlotte as well as with other municipalities and organizations. Pamela is a highly sought after speaker for her expertise in affordable housing and has spoken on numerous panels across the country.
Pamela strongly believes that "service is the rent we pay for living on this earth" and is often asked to share her public sector experiences with students, professional trade organizations, and local municipalities.
Pamela has a passion for developing and implementing solutions that serve the community. She served as an early Advisory Member for the Greenlight Fund in Charlotte, and on the Mayors and CEOs Committee for U.S.
Housing Investment. Pamela was awarded the Master of Public Administration Alumna of the Year and received a Leadership in Black Excellence from her alma mater, the University ofNorth CarolinaCharlotte. She was also recognized as a Women's In Leadership Champion RAFTELIS 8
Speclaltles
• Executive Level Management
• Hiring and Recruitment
• Affordable Housing Expertise
• Community Development Policy and
Program Development
• Team Development & Leadership
• Consensus Building
• Community Engagement
• Budget Management
Prafeulonal History
• Raftelis: Manager (2021 - Present)
• City of Charlotte: Director of
Housing & Neighborhood Services
(2017-2021)
• City of Charlotte: Housing &
Neighborhood Services Deputy
Director (2008- 2016)
• City of Charlotte: Housing &
Neighborhood Services Supervisor
(2006 - 2008)
• City of Charlotte: Budget Analyst
(2003 - 2006)
Bducatlon
• Harvard Kennedy School -Senior
Executives in State and Local
Government (2015)
• UNG-Chapel Hill - Municipal
Administration (2007)
• University of North Carolina at
Charlotte- Master's in Public
Administration (2006)
• Belmont Abbey College -Bachelor of
Arts in Business Administration
(1999)
Profeulonal llllembenlllps
• International City/County Managers
Association
• Urban Land Institute
• National Forum for Black Public
Administrators
by the Charlotte Chapter of the Urban Land Institute. Additionally, she was recognized as one of the top 10 "Behind the Scenes" newsmakers by the Charlotte Business Journal in both 2017 and 2020. She currently serves on the Board of Directors for the United Way of Greater Charlotte and the Children and Family Services Center. She is a member of the International City/ County Management Association and the National Forum for Black Public Administrators.
181
Robert Colichio
RECRUITMENT SPECIALIST
Senior Consultant
PROFILE
Robert has over seven years in full lifecycle recruiting, sourcing, interviewing, and professional coaching. As a recruiter Robert has engaged in searches within both the public and social sector. He has successfully worked on recruitments for city and county managers and administrators, deputy and assistant managers, and various director and managerial roles in human resources, finance, community and economic development, public safety, parks and recreation, and public works.
In addition to executive recruiting, Robert has over eight years of combined experience in professional development, career coaching, and career transition management. With over 500 clients served leading and coaching them through complicated organizational change ranging from individual executive employees transitions to large reductions in force. Work with these clients often included one-on-one coaching over the course of multiple months. Robert additionally hosted and development multiple large group workshops for companies. He further has extensive and diverse project management experience including technology changes and implementations.
Robert has a Master of Business Administration degree with an emphasis in organizational behavior and a Bachelor of Science in Business Administration with dual concentrations in operational management and marketing with a . . . mmor m economics.
RAFTELIS 9
Speclaltles
• Executive search
• Project management
• Facilitation
• Employee growth and development
• Data analysis
ProfNslonal History
• Raftelis: Consultant (2021-present)
• Waldron: Senior Consultant and
Coach (2013-2021)
• Portland State University: Graduate
Teaching Assistant (2010-2012)
• Private Sector Consultant: Strategic
Planning and Marketing
Development (2008-2012)
• Skanska USA: Project and Client
Relations Coordinator (2006-2008)
l!ducatlon
• Master of Business Administration in
Organizational Behavior - Portland
State University, School of Business
(2012)
• Bachelor of Science in Business
Administration - University of
Oregon, Lundquist College of
Business (2006)
Professlonal Memberships
• SHRM/PHRMA
182
Kelsey Batt
RECRUITMENT SPECIALIST
Associate Consultant
PROFILE
Before joining Raftelis as a recruitment specialist in 2021, Kelsey earned her bachelor's degree in Professional Writing and Creative Writing from Purdue University in West Lafayette, Indiana.
During her time as a student, Kelsey worked at the Purdue Writing Lab as an undergraduate tutor where she paired with over 1,000 undergraduate and graduate students to help develop positive relationships with both writing and the English language. She also competed on the women's Track and Cross-Country teams while at Purdue.
She has previously worked as a copywriter at Sweetwater Sound where she developed the company's first Copy Style Guide and proposed several researched marketing strategies, focusing on inclusion amidst gender inequality in the music industry. Her ideas can be seen implemented throughout their current sales website and internally. Kelsey also has experience in marketing from her time at SDI Innovations where she was responsible for producing and editing social media and blog content. Kelsey enjoys consuming and contributing to the world of journalism, having worked as a student journalist at the Purdue Exponent for several years.
RAFTELIS 10
Speclaltl-
• Executive search
• Recruiting
• Editing
Professional History
• Raftelis: Associate Consultant
(2021-present)
• The Purdue Writing Lab & Purdue
OWL (2017-2021)
l!ducatlon
• Bachelor of Arts, School of Liberal
Arts - Purdue University, West
Lafayette, IN (2021)
183
Alexa Worrell
RECRUITMENT SPECIALIST
Associate Consultant
PROFILE
In May 2022, Alexa joined Raftelis as a recruitment specialist, having completed an internship with the firm's Executive Recruitment Team where she supported numerous search activities.
Prior to Raftelis, Alexa worked as a Talent Generalist Intern at Textron Specialized Vehicles, where she developed a comprehensive leave process guide to ensure more consistent application of the company's policies; researched human resource procedures, policies, and applicable employment laws; and marketed and facilitated an informational event for employees to set up banking needs.
Through her prior work as a Receptionist/HR Assistant, Alexa developed her interviewing and recruiting skills and gained experience in redesigning training manuals for various roles to enhance training processes for future hires.
During her time as a student, Alexa served as recruitment chair of her sorority, where she recruited a new incoming class of over 30 members while also developing positive relationships with the new class and the established members in the chapter. She also assisted with facilitating monthly business development events as a member coordinator for the Advancing Women in Entrepreneurship Business Club.
Alexa earned her bachelor's degree in Sociology and Human Capital Leadership and Management from Miami University in Oxford, Ohio.
RAFTELIS 11
Speclalt._
• Executive search
• Recruiting
• Relationship building
Professional History
• Raflelis: Associate Consultant (2022-
present)
• Textron Specialized Vehicles: Talent
Generalist (2021-2021)
l!ducatlon
• Bachelor of Arts, School of Liberal
Arts - Miami University, Oxford, OH
(2021)
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RAFTELIS 12
PROJECT APPROACH
Executive Search Strategy
When organizations need to fill key positions, they turn to Raftelis and benefit from this guiding principle: meaningful hiring involves finding the right employee and preparing them for ongoing success. Our approach to executive search services comprises three key phases.
Inquiring, Understanding, and Defining
Each of our clients has a unique culture and set of objectives. Because selecting the right individual is critical to success, we begin our relationship by conducting a needs assessment to identify the specific benchmarks the search must accomplish. We will identify qualifications and requirements as well as map out the new hire's first-year goals, so both our client and the employee remain on the same track for success. We will build an accurate position profile, thus ensuring we attract the right people for the position.
Candidate Search and Evaluation
To reach the right candidates, Raftelis customizes each search process to fit the client's needs. Often, the professionals who best fit an open position are already employed and not searching for a traditional job posting. So, we leverage our extensive, diverse professional network to attract the best talent nationwide. We have been successful in identifying a candidate pool that is racially, ethnically, and gender diverse. We are committed to helping local government leadership positions reflect the communities they serve. We work closely with several organizations that support this goal, and we advertise in national publications that target people of color and women, including the National Forum of Black Public Administrators (NFBPA), Local Government Hispanic Network, and the League of Women in Government. We
intentionally seek well-qualified women and people of color, so our clients have excellent choices. Once the right candidates are found, we help manage the hiring process from interviews to background checks. Our in-depth service empowers clients to achieve their goals at every step.
Supporting Success
21%
*****
of our recruitments
resulted in the hiring of
women
of our recruitments
resulted in the hiring of
people of color
We support the top candidate's long-term success by creating a goals-driven work plan actionable from day one.
Many firms focus solely on finding qualified applicants, leaving the client on their own once the position is filled.
Our team, however, uses the objectives gathered during the inquiry stage to prepare new hires for their first year.
We take a tailored, goals-based approach to each recruitment. By looking beyond the hiring process, our holistic view ensures that each candidate will fit the role as well as the organization. In the end, we are not just looking for a successful professional; we are finding the right employee to be successful in their new position long after they are hired.
185
RAFTELIS 13
Work Plan
THE FOLLOWING PROVIDES A DETAILED DESCRIPTION OF OUR WORK PLAN FOR
THE PUBLIC WORKS DIRECTOR/CITY ENGINEER, ASSISTANT PUBLIC WORKS DIRECTOR, AND PUBLIC WORKS OPERATIONS MANAGER RECRUITMENT.
Activity 1 - Develop Candidate Profile
We will begin this engagement by developing a clear picture of the ideal candidate for each position. We will first meet with City Manager to discuss the recruitment timeline and process for each position. We will also facilitate three meetings to gather input from the direct reports of each position and other key staff. We will discuss not just the technical skills needed for each position, but what makes for the right organizational fit in terms of traits and experiences. All meetings will be virtual, except for the final interviews, which will be in person.
Based on the information learned from our meetings, we will develop a recruitment plan for each position that includes California and the nation. We will prepare a position profile for each position that is unique to the City of Los Banos. The profiles will identify the organization's needs, the strategic challenges of each position, and the personal and professional characteristics of the ideal candidate for each position. This document drives the recruitment. It focuses our efforts on the most capable candidates, and it helps us to persuade candidates to pursue each position. We will develop a recruitment brochure for advertising each position which includes the position profile, as well as information on the organization, the City, and the community. We will work with the City to eliminate barriers to underrepresented groups, including years of service, levels of education, and other strict requirements that might eliminate someone who can do the job.
We will also develop first-year organizational goals for the successful candidate for each position. These goals will ensure that the applicants know what will be expected of them should they be hired, the City has thought about what it wants each person to accomplish in the first year, and the successful candidates can hit the ground running with a work plan. Once drafted, we will review each recruitment plan, position profile, and first-year goals with the hiring manager. Modifications will be made as necessary before recruitments begin.
DELIVERABLES:
• Detailed recruitment process documents, including recruitment plans, position profiles, recruitment brochures, and first-year goals
Activity 2 - Conduct Outreach and Initial Screening
As part of the recruitment plan, we will identify key states and metro areas to focus our targeted recruitment. We will prepare and place advertisements in state and national publications and websites to attract candidates from throughout the United States. While this will be a national search, we will target our efforts to those key areas identified in each recruitment plan. We understand the importance of having a diverse applicant pool, so our recruitment strategy includes a robust outreach strategy to identify and attract well-qualified individuals from underrepresented groups and encouraging them to apply. In our outreach, we ensure we place job postings in places that target women, minorities, and other underrepresented groups. We also utilize our networks across the country to find and attract well-qualified candidates from a variety of backgrounds to apply and be considered. In addition, our recruiters have participated in conferences like NFBPA and Engaging Local Government Leaders (ELGL) for 186
RAFTELIS 14
networking, a Diversity, Equity, and Inclusion cohort through International City /County Management Association, and several leadership academies for women in local government in different states.
We will place job postings with American Public Works Association (APW A), state and regional chapters of the APWA in California and other targeted states, Western City, California League of Cities and other targeted states, and other places as identified in the recruitment plan. We also recommend national organizations such as ELGL, NFBP A, and Local Government Hispanic Network to attract underrepresented groups and provide a more diverse applicant pool. We will also reach out to historically black colleges and universities and other targeted alumni networks that have graduates from diverse backgrounds and ask them to share our postings.
As soon as the advertisements are completed, we will begin the process of actively and aggressively marketing each position and identifying qualified candidates for assessment. We will pinpoint individuals and jurisdictions to reach out to directly through phone and email. We will also utilize social media (Linkedin, Twitter, and Facebook) to broaden our reach. We have found that this combination of outreach is an effective way to reach top applicants, especially those who are not currently in the job market but may be willing to consider a move to an excellent organization like the City of Los Banos.
We will reach out to the applicants in our extensive database as well as the prospective candidates we have targeted in previous recruitments for similar jurisdictions. We will also develop a list of additional candidates to pursue based on the City's unique needs. Our outreach includes seeking well-qualified women, people of color, and individuals from other underrepresented groups and encouraging them to apply.
As applications are received, we will acknowledge each one and keep applicants aware of the status of the process.
We will screen each applicant against each position profile and first-year goals. We will conduct interviews via phone or videoconference with those who most closely meet each profile to learn more about their interest, qualifications, and experience for this position. A written summary of these candidates will be prepared and shared with the City. We will then meet with the City to review the entire list (if desired) as well as the most qualified candidates who have the requisite skills, experiences, and traits needed for success in each position. Based on the City's direction, we will finalize a list of candidates to invite for in-person interviews.
DELIVERABLES
• Placement of ads and job postings
• Targeted outreach to passive candidates
• Candidate review materials including screening results and internet search Activity 3 - Support Interviews and Selection
Each person you wish to interview will then be contacted again by our recruitment team. We will plan and facilitate a multi-step interview process specific to each position and advise the City Manager on interview strategies and questions for candidates in each recruitment. The process could include writing exercises, presentations, panel interviews, tours, and a department director or key staff meet-and-greet. A book that contains customized interview questions and information about each of the candidates invited to interview will be provided to those involved in the interview process for each recruitment. We will also facilitate pre- and post-interview briefings.
We will coordinate the logistics of the process and provide the candidates with the details along with any travel policy requirements or other information. We will also work with a City contact to ensure a suitable venue is arranged for the interviews. Expenses for the candidates will be borne and reimbursed directly by the City. 187
RAi'TELIS 15
The City will select each top candidate. We can help make a well-informed choice by framing what we have learned about the candidates in the context of each position and its requirements. We will speak with candidates' references to confirm the strength of their credentials. We will also conduct a media check to review published information found in search engines, online publications, and social media. Reference and background checks will be performed on the top candidates, including but not limited to education, credentials, employment history, criminal background check, civil litigation check, and credit history. We will advise the City Manager of the results.
We also can assist in negotiating each employment offer. We will provide information about best practices in salary and total compensation, and we will have obtained information on the candidate's salary. We will keep candidates apprised of their status and release them at the appropriate time.
DELIVERABLES
• Interview book materials including references and background checks Proposed Schedule
Included below is a draft timeline. We expect to review this with the City during Activity 1 and adjust it as necessary as we develop the recruitment plan for each position.
Activity 1 - Develop
Candidate Profile
Activity 2 - Conduct
Outreach and Initial
Screening
Activity 3 - Support
Interviews and Selection
e In-Person Meetings
e Web Meetings
Deliverables
SEP OCT NOV DEC
188
RAFTELIS 16
CURRENT ENGAGEMENTS
We currently are working on a total of 36 recruitments. We are currently working with the following organizations:
• Buncombe County, NC • City of High Point, NC
• City of Alexandria, VA • City of Hillsboro, OR
• City of Baltimore, MD • Clean Water Services, OR
• City of Beaverton, OR • General Board of Church and Society (UMC) • City of Bothell, WA • Loudoun County, VA
• City of Boulder, CO • Multnomah County, OR
• City of Cedar Rapids, IA • Nashville Metro Water Services, TN • City of Chesapeake, VA • Prince William County, VA
• City of Fairfax, VA • Sewerage and Water Board of New Orleans, LA • City of Fort Collins, CO • Town of Leesburg, VA
• City of Fredericksburg, VA • Washington County, OR
SUFFICIENT TIME AND ATTENTION
With the current and anticipated workload of the individuals assigned to this project, we have the availability to provide the requested services in a timely and efficient manner to meet the scheduling requirements and objectives of the City. As a rule, Raftelis operates at a company-wide project utilization of approximately 65% to 75%. This level of utilization, which we expect to continue through the proposed timeline of this project, will provide the project team with ample time to allocate to the City's engagement. Raftelis actively manages the distribution of our staff hours to ensure we allocate the necessary resources to meet the needs of each of our clients. Recruiters and Recruitment Specialists participate in a weekly conference call to review the number of consulting hours required to meet the needs of our clients during the upcoming and future weeks. This weekly meeting allows our Recruiters to deploy the Recruitment Specialists in a flexible manner that ensures suitable time will be devoted to each client. We have three senior Recruiters who carry out our searches with the rest of our team. We have not had any turnovers in our Recruiters. We have recruitments spread out in such a way to ensure that each client receives the attention to meet their needs, and that sufficient time and attention is also allocated to applicants and prospective applicants, allowing us to provide high-quality service to clients, applicants, and potential applicants. 189
RAFTELIS 17
COST PROPOSAL
Cost Proposal
The total fixed fee to complete each recruitment, as outlined in this proposal, is $34,500. This includes all professional fees and expenses for Raftelis. This cost is based upon conducting all of the initial planning meetings for each recruitment at the same time.
We estimate the following additional costs to the City, which would be billed at cost.
Advertising
Background checks
Finalists' interview travel
Approximately $2,000-$2,500
Estimated at $175-$500/finalist
Borne and reimbursed directly to the finalists by the City Advertising and background checks are invoiced as completed. The fixed fee will be invoiced as follows:
Activity 1 - $7,843
Activity 2 - $15,818
Activity 3 - $10,839
After delivery of the recruitment documents
• Recruitment plan
• Recruitment brochure
• First-year goals
After the candidate review
After the interviews are completed
We bill the client at the conclusion of each activity. We also bill for the advertising and the background checks when each of those processes has been completed. We expect payment within 30 days.
Within six (6) months of the final interview process, should an additional candidate be hired by the City from the pool of candidates presented by Raftelis for this project, the additional fee shall be $15,000.
SERVICE GUARANTEE
We also offer coaching and management team retreats to ensure a smooth onboarding for new leadership hires.
These are for additional fees that we could be happy to provide.
If coaching is desired by the City, we will offer the following one-year guarantee to the City at no additional cost:
In the event that, within the first twelve (12) months after the start date, the placed candidate leaves employment with the City for any reason other than death, health, or separation initiated by the City without cause, Raftelis will conduct a replacement search for the position without charging a Professional Services Fee. The cost to the City would be the project expenses related to the replacement search. Within the guarantee period, Raftelis must be notified in writing of a separation within 30 days of its effective date.
If coaching or a management team retreat is not desired by the City, then the cost for a one-year guarantee is $7,000.
190
APPENDIX Ac RECENT EXPERIENCE
Appendix A: Recent
Experience
RAFTELIS 18
191
RAFTELIS 19
Recent Executive Search Experience
Cllent Position Cllent Position
AZ Central Arizona General Manager co Fort Collins Environmental Services Director Project AZ Clarkdale Town Manager co Fort Collins Natural Areas Director AZ Cottonwood City Attorney co Fort Collins Recreation Director AZ Cottonwood City Manager co Fort Collins Utilities Executive Director AZ Oro Valley Chief Financial Officer Health District of co Northern Larimer Executive Director
County
AZ Oro Valley Police Chief
co Jefferson County County Manager
AZ Payson Town Manager co Lafayette City Administrator
AZ Peoria Human Resources Director co Louisville City Manager AZ Scottsdale Economic Development Director co Louisville Director of Parks and Recreation AZ Yuma City Administrator
co Louisville Director of Planning and Building Safety
AZ Yuma Engineering Director
co Louisville Human Resources Director
AZ Yuma Finance Director
co Loveland Budget Manager•
AZ Yuma Planning and Neighborhood
Services Director co Loveland Chief Financial Officer•
co Aspen Community Development Director co Loveland City Clerk• co Boulder Chief Building Official co Loveland Economic Development Director• co Boulder Chief Human Resources Officer co Northglenn Human Resources Director co Boulder City Attorney co Pueblo West District Manager Metropolitan District co Boulder City Manager co Summit County ACM • Administrative Services co Boulder HRIS Manager co Summit County ACM • Human Services co Boulder Human Resources Director co summit County ACM • Public Works co Boulder Human Resources Senior Manager co Summit County County Manager co Boulder Independent Police Monitor co Summit County Interim County Manager co Boulder Planning and Development co Summit County Human Resources Director Services Director co Boulder Total Rewards Senior Manager co Westminster Parks, Recreation, and Library Director co Boulder Utlllties Engineering Manager CT Greenwich Town Administrator co Denver Independent Monitor CT Mansfield Town Manager co Fort Collins Assistant City Manager CT Meriden City Manager co Fort Collins Deputy City Manager CT Windsor Police Chief co Fort Collins Chief Sustalnablllty Officer DE Kent County County Engineer/Public Works Director co Fort Collins Community Services Director OE Lewes Municipal Planning and Development Officer
co Fort Collins Community Development and
Neighborhood Services Director
192
RAFTELIS 20
Client Position Cllent Position
DE Milford City Manager MD Charles County Engineer IV'
DE Milton Town Manager MD Gaithersburg City Manager
DE Rehoboth Beach City Manager MD Gaithersburg Director of Finance and Administration IA Cedar Rapids Utilities Director MD Gaithersburg Engineering Services Division Chief IA Cedar Rapids City Attorney MD Gaithersburg Finance Director IA Cedar Rapids Finance Director MD Gaithersburg Public Works Director IA Cedar Rapids Human Resources Director MD Gaithersburg Public Works and Engineering Director IA Cedar Rapids IT Director MD Gaithersburg Director of Information Technology IA Cedar Rapids Public works Director MD Garrett Park Town Manager IL Peoria County Director, Animal Protection Services MD La Plata Planning Director IN Bloomington Traffic and Transportation Engineer MD La Plata Police Chief KS Baldwin City City Administrative Officer MD La Plata Town Manager KS Edgerton Buildlng Inspector MD La Plata Town Treasurer KS Edgerton Community Development Director MD Maryland Munlclpal Executive Director/CEO League KS Johnson County Human Resources Director MD Mount Rainier City Manager KS Merriam Finance Director MD New Carrollton City Administrative Officer KS Olathe Director of Economy MD Ocean Pines General Manager Association KS Tonganoxie City Manager MD Riverdale Park Town Manager LA Orleans Parish Chief Operations Officer MD Riverdale Park Police Chief School Board LA sewerage & Water Chief ot Communications MD Rockvllle City Attorney Board of New Orleans LA Sewerage & Water Deputy General MD Rockville City Manager Board of New Orleans Superintendent for Operations LA Sewerage & Water General Superintedent MD Rockville Community Planning and Development Board of New Orleans Services Director
LA Sewerage & Water Utility Human Resources Director MD St. Michaels Town Administrator Board of New Orleans MD Aberdeen Director of APG Privatization MD Sykesville Town Manager MD Aberdeen Police Chief MD Takoma Park City Manager
MD Aberdeen Public Works Director MD Takoma Park Deputy City ManagerMD Baltimore Solid Waste Bureau Head MD Westminster Finance Director MD Berwyn Heights Code Supervisor MD Westminster Human Resources Director MD Berwyn Heights Town Administrator Ml Novi Assistant City Manager MD Cambridge City Manager Ml Novi Finance Director
MD Charles County Director of Community Services• Ml Rochester HIiis Chief Flnancial Officer 193
RAFTELIS 21
Client Position Client Position
MN Rochester General Manager OH HIiiiard Deputy Police Chief Public Utilities MO Chesterfield City Administrator OH HIiiiard Police Chief MO Clayton City Manager OH Hudson City Manager
MO Lee's Summit Human Resources Director OH Cleveland Heights City Manager MT Helena City Manager OH Cleveland Heights Finance Director NC Greensboro Parks and Recreation Director OH Dayton Financial Officer NC Guilford County Assistant County Manager
for Strong Communities
OH Dublin Director of Public Service
Assistant County Manager OH Dublin Deputy City Manager/ NC Guilford County for Successful People Chief Operations Officer NC Guilford County Building Inspections Services Director OH Granville VIiiage Manager NC Guilford County County Attorney OH Hilliard City Manager NC Guilford County Communications and OH Hudson City Manager Public Relations Director
OH Jackson Township Township Administrator
NC Guilford County Deputy Finance Director
OH Miami Township Township Administrator
NC Guilford County Equity and Inclusion Manager
OH Moraine City Manager
NC Guilford County MWBD Program Director
OH Oberlin Fire Chief
NC Guilford County Public Relations Director
OH Oberlin Police Chief
NC Guilford County Security Director
OH Portsmouth City Manager
NC High Point Assistant City Manager
OH Prairie Township Township Administrator
NC High Point Planning Director
OH Sandusky City Manager
NC Matthews Assistant Town Manager
Solid Waste Authority
NC Rolesville Human Resources Director OH of Central Ohio Director of Administration (SWACO)
NC Winston-Salem Police Chief OH The Port • an Ohio General Counsel Port Authority NH Keene City Manager OH The Port • an Ohio Industrial Development Manager Port Authority NH Hanover Town Manager OH The Port • an Ohio Vice President of Communications Port Authority and Marketing
NM Las Cruces City Manager OH The Port • an Ohio Vice President of Economic Equity Port Authority NY Batavia City Manager OH Union County County Administrator Livingston County
NY Water and Sewer Executive Director OH Upper Arlington Assistant City Manager• Authority (LCWSA)
NY Oneonta City Manager OH Upper Arlington Police Chief OH Centerville City Manager OH Washington Township Assistant Fire Chief OH Delaware County Director of Economic Development OH Washington Township Township Administrator Delaware County OH West Chester Township Administrator OH Transit District Executive Director Township 194
RAFTELIS 22
Client Position Cllent Position
OH Westervllle City Manager OR Tigard IT Director
OH Westervllle Deputy Director of Planning and OR Tualatin City Attorney Development OH Westerville Finance Director OR Tualatin Hills Park & Chief Financial Officer Recreation District OH Worthington Assistant Fire Chief OR Tualatin Hills Park & City Attorney Recreation District OH Wyoming OR Tualatin Hills Park & District Finance Director City Manager Recreation District OR Beaverton City Manager OR Washington County County Administrator OR Beaverton Finance Director OR Washington County Interim County Administrator OR Beaverton Interim City Manager OR Washington County Chief Financial Officer OR Beaverton Police Chief OR Washington County County Counsel OR Beaverton Public Works Director OR Washington County Assistant County Administrators OR Clean Water Services Chief Utility Operations Officer PA Breakneck Creek Manager Regional Authority OR Confederated Tribes Grant Program Manager PA Carllsle Borough Police Chief of Grand Ronder
OR Confederated Tribes Tribal Civil Engineer of Grand Ronder PA Farrell City Manager
OR Gresham SC Mount Pleasant General Manager City Manager Waterworks OR Gresham Police Chief TX Abilene City Engineer
OR Hillsboro Employee and Labor Relations Manager TX Abilene Library Director OR HIiisboro Library Director TX Lancaster Assistant City Manager OR Lake Oswego City Attorney TX Lancaster Finance Director OR Lane County Public Works Director TX University Park Human Resources Director OR Metro Plannlng, Development, VA Albemarle County Chief Financial Officer and Research Director
OR Multnomah County
VA Albemarle County County Attorney Transportation Director OR Newberg Assistant City Manager VA Albemarle County Deputy Director of Community Development
OR Newburg Police Chief VA Albemarle County Police Chief OR Newberg Public Works Director VA Albemarle County DEi Director OR Salem City Manager VA Albemarle County Deputy Chief Financial Officer OR Scappoose Finance Administrator VA Albemarle County Diversity, Equity, and Inclusion Director OR Sunrise Water Finance Director VA Albemarle County Human Resources Director Authority
OR Tigard Assistant City Manager VA Alexandria Controller OR Tigard Finance Director VA Arlington County Central Library Services Division Chier OR Tigard Human Resources Director
195
RAFTELIS 23
Cllent Position Cllent Position
VA Arllngton County Housing Director• VA Loudoun County Parks, Recreation, and Community Services Director
VA Ashland Town Manager VA Loudoun County Planning and Zoning Director VA Bedford County County Administrator VA Loudoun County Systemwlde Fire Chie,f VA Bedford County Deputy Fire Chief" VA Loudoun County Community Corrections Director VA Bedford County Finance Director VA Newport News Engineering Director VA Chesapeake Chief Information Officer VA Newport News Waterworks Director VA Fairfax City Manager VA Newport News Human Resources Director VA Fairfax Police Chief VA Prince William County Deputy County Executive for Public Safety
VA Fairfax County County Executive
VA Prince WIiiiam County Fire and Rescue System Chief
VA Fairfax County Deputy County Executive
VA Suffolk Human Resources Director
VA Fauquier County County Administrator
VA Virginia Retirement Human Resources Director System
VA Harrisonburg City Manager VA Warrenton Town Manager
VA Harrisonburg Human Resources Director
WA Bothell City Manager
VA Harrisonburg Pollce Chief
WA Bothell Community Development Director
Harrisonburg•
VA Rockingham Regional Executive Director WA Bothell Finance Director Sewer Authority
(HRRSA) WA Camas City Administrator
VA Leesburg Town Attorney Central Pierce Fire WA and Rescue Fire Chief VA Leesburg Planning and Zoning Director
WA Sammamish Publlc Works Director
VA Loudoun County Animal Services Director
WA Shoreline Administrative Services Director
VA Loudoun County Assistant County Administrator
WA Shorellne City Manager
VA Loudoun County Assistant Director of Human Resources Human Resources and Organlzatlonal WA Shoreline Development Director VA Loudoun County Chief Financial Officer VA Loudoun County County Attorney WA Shoreline Human Resources Director WA Spokane Regional Community Health Director
VA Loudoun County Economic Development Director Health District WA Spokane Regional Deputy Administrative Officer
VA Loudoun County Famlly Services Director Health District WA Spokane Regional Health Officer
VA Loudoun County Finance Director Health District
WA Spokane Regional Human Resources Manager Housing and Community Health District VA Loudoun County Development Director Central Brown County WI Water Authority Manager VA Loudoun County Information Technology Director
WI Mequon City Administrator
VA Loudoun County Mapping and Geographic Information
Director WV Morgantown City Manager
VA Loudoun County Mental Health, Substance Abuse, and
Developmental services Director
196
RAFTELIS 24
APPENDIX B: SAMPLE WORK
AppendixB:
Sample Work
197
~ Beaverton ~
CITY OF BEAVERTON
Public Works Director
198
The Position
The City of Beaverton is looking for its next Public Works Director to provide exemplary leadership, ongoing oversight, and direction to the Public Works Department. Serving as an integral member of the city's Executive Leadership Team, the Public Works Director acts as an advisor to the City Manager, City Council, and staff while guiding the department through long-range planning, project implementation, and everyday maintenance and operations of the city's infrastructure.
The Public Works Director currently reports to an Assistant City Manager and manages the development and implementation of the Public Works Department strategy, including the city's Capital Improvement Plan. The Director collaborates across the organization to create project and operational work plans focused on both process and outcomes to facilitate and complete Council priorities. It is through this lens that the Director develops and manages the departmental budget and establishes ongoing performance standards. The Public Works Director also maintains the city's American Public Works Association (APWA) accreditation.
The Public Works Director serves as the official appointee to inter-agency groups involving capital improvement projects, transportation, water/storm drainage, sanitary/sewer, and water system operations and maintenance.
In addition, the Director actively serves on various committees related to the Willamette Water Supply System, Willamette Intake Facility, and the Joint Water Commission (JWC). Working directly with the community, the Public Works Director establishes cooperative working relationships and liaises with neighborhood, development, and business communities to promote high-quality projects and services. The Director provides advice on priorities and collaborates to advance and protect the interests of the city and the community in all matters.
The Public Works Director brings a high level of integrity and builds trust and respect while leading and empowering staff. The Director routinely promotes the organizational values of workplace diversity, equity, and inclusion and creates a culture that supports employee growth and development. The Director provides direction to eight direct reports, including two Public Works Managers, Public Utilities Manager, Water General Manager, City Engineer, Management Analyst, and Office Support Supervisor, and remains a visible leader to all public works staff to ensure city goals and objectives are achieved.
199
The Priorities
Internal
• Collaborate to drive operational excellence through stability and consistency in systems, policies, and procedures.
Work to streamline processes, identify opportunities for efficiency, leverage technology, simplify decision-making, and drive uniformity and equity in operations.
• Ensure continued internal connectivity and integration between Engineering and Operations. Remove barriers to collaboration and build shared knowledge and more resounding support for cross-departmental collaboration. • Continue the organizational restructuring, including the structure of the newly created Water Division, to align public works services with the changes in government services and the growing needs of the community. Thoughtfully identify opportunities and implement changes that create a unified vision and an organizational culture built on trust and transparency.
• Advocate for staff and effectively leverage the talents of the team . Create purposeful opportunities for employee development, training, and succession planning with a continued focus on providing high-quality services. • Engage as an active member of the Executive Leadership Team. Effectively partner with colleagues and work across departments to advance Council goals and city priorities in alignment with organizational values and diversity, equity, and inclusion initiatives.
• Collaborate with colleagues on the creation of a Capital Improvement Program (CIP) prioritization process that emphasizes community engagement to inform project selection. • Establish a standard process for community engagement that includes broad interaction and proactive communication for both CIP projects and operation and maintenance activities. Ensure alignment with city goals; diversity, equity, and inclusion initiatives; and climate action plans .
External
• Provide leadership to the $1.6 Billion Willamette Water Supply Project. Continue to partner with the City of Hillsboro and Tualatin Valley Water District to design, build, and operate the system providing additional resilient water to the region.
• Support ongoing collaboration with developers on the Purple Pipe project to supply treated stormwater for irrigation. Ensure the construction of the stormwater re-use treatment plan, pump station, and distribution system remains on track and within budget.
• Lead the renegotiation of the intergovernmental agreement with Clean Water Services supporting the National Pollutant Discharge Elimination System. Represent the City of Beaverton on policy issues related to operations and maintenance, design and development standards, processes and procedures, and rates, fees, and charges. • Manage the ongoing withdrawal from Tualatin Valley Water District in support of providing city water service to Beaverton residents. Collaborate with the District and consultant team to ensure the success of the transition program.
• Collaborate to ensure the continued implementation of the water capacity improvement projects through the Water Infrastructure Finance and Innovation Act. Manage the $81 Million awarded to enhance the reliability and resiliency of the water system to meet the current and future needs of the growing community. • Develop and maintain positive relationships with Tualatin Valley Water District, Clean Water Services, Joint Water Commission, Tualatin Hills Park and Recreation District, Beaverton School District, Tualatin Valley Fire and Rescue, Washington County, Metro, Oregon Department of Transportation, and TriMet. Effectively partner, identify ongoing opportunities to collaborate, and continue to engage in transparent communication. 200
The Successful Candidate
The next Public Works Director is a visionary and
collaborative leader who is energized by the opportunity to continue driving change and transformation within
the department while continuing to provide high-quality services to the Beaverton community. The Director, who
embodies the values of a change agent, has a strong
background in strategic planning and execution and
embraces aligning public works initiatives with larger
organizational goals. With an eye on process improvement and innovation, the successful candidate brings a modern perspective and new ideas to Public Works projects and
initiatives. Through a forward-thinking approach, the
Director embraces change and transformation to support
a shared vision. The ideal candidate easily identifies trends and problems hindering progress and develops and
implements best practices to drive necessary change.
A mature leader and advocate for the team and city,
the Public Works Director successfully navigates the
political, administrative, and technical aspects of the position and understands the importance of maintaining existing infrastructure while designing and building necessary improvements and planning for future growth. The Director multi-tasks with ease, shifting gears quickly to prioritize and balance workloads and resource needs to meet project demands. The successful candidate is a highly effective communicator, provides transparency in interactions, and works to ensure routine communication throughout the organization. A champion of diversity, equity, and inclusion, the Public Works Director is committed to ensuring policies, programs, and practices are free from institutional and systemic racism.
An approachable leader, the Public Works Director models behaviors expected throughout the organization and actively promotes an environment respectful of living and working in a multicultural society. With a commitment to customer service and engagement, the successful candidate is team-oriented, establishes clear expectations, and provides transparent communication while effectively delegating and holding others accountable. The Director is a visible leader known for actively supporting staff and removing barriers to enable success while maintaining a commitment to high-quality work. The ideal candidate employs a leadership style that invites participation, supports collaboration, and gathers input from the talented Public Works team.
A natural convener and collaborator, the ideal candidate recognizes the importance of relationships and partnerships at all levels. Leading with humility, the Director successfully engages with different audiences, values diversity of thought, and uses that information to drive consensus and inform decision-making. A resilient and calm leader, the successful candidate has a background in community outreach and engagement and understands the importance of providing the community with accurate and timely information and being accessible, responsive, and transparent. 201
Qualifications
Ten or more years of progressively responsible experience in related public works operations and maintenance in a multi-faceted organization, including at least five years in a senior leadership role, is required. Thorough knowledge of modern principles and practices of public works administration is essential. An understanding of and appreciation for engineering and the collaboration with public works is ideal. Experience working directly with an elected body, ideally in a council-manager form of government, is desired. Prior experience in change management with the ability to leverage best practices in a growing community is ideal.
A bachelor's degree, preferably in business administration, public administration, management, urban planning, or equivalent field, or an equivalent combination of education and experience enabling the successful candidate to perform the essential functions of the position is required. A master's degree is desired.
Beaverton is a diverse city, boasting a large population of qualified persons, including women, veterans, Black, Indigenous, people of color, persons with disabilities, generational groups, persons who speak many languages, and of diverse national origins. A commitment to supporting the diversity of the Beaverton community is essential to success.
It is widely stated-and supported by studies-that candidates, especially women, are less likely to apply for a job unless they believe they meet 100% of the hiring criteria. The city's talent acquisition goals include hiring the candidate who is best able to meet the performance objectives of the role. We, therefore, encourage persons with non-traditional skill sets and experiences to apply, even if you believe you do not meet 100% of the qualifications and hiring criteria described.
City Charter Change
On January 1, 2021, the City of Beaverton transitioned from a mayor-council form of government to a council-manager form. Beaverton voters approved the new City Charter in May of 2020. Under this new form of government, City Council consists of a Mayor and six Councilors, all of whom are elected at-large on a nonpartisan basis to four-year terms. The Mayor is the full-time political and ceremonial head of the city and presides over Council meetings. The City Manager is appointed by Council and charged with overseeing all city operations except for the City Attorney's Office, the Municipal Court Judges, and the City Auditor.
Beaverton employs 636 talented and dedicated
employees. Currently, eight departments are
responsible for the wide variety of public services
within the city: City Attorney's Office, Community
Development, Finance, Human Resources, Library,
Community Services and Engagement, Police, and
Public Works. A citywide organizational assessment
was recently completed and the Public Works Director
will report directly to the Assistant City Manager once an Assistant City Manager is appointed.
Beaverton has a 2021-2022 budget of $441.4 Million
that reflects the priorities of the City Council. The city is committed to meeting its goals by embracing its
community vision; advancing diversity, equity, and
inclusion; proactively responding to climate change;
and striving for fiscal sustainability. The city's eight strategic goals for FY22/23 are:
• A Welcoming Community
• Good Government
• Safety
• Housing
• Economic Prosperity
• Quality Infrastructure
• Environmental Sustainability
• Community Wellness and Fun
202
Public Works Department
Accredited by the American Public Works Association,
the Public Works Department oversees the day-to-day
maintenance and operations of the city and undertakes
large capital improvement projects. With an operating
budget of $67 Million and a capital budget of $91 Million, the dedicated staff of 126 is spread across seven different portfolios. Within each portfolio, there are individual programs that provide specific services to the community.
Administration
The Administration portfolio provides leadership and
support to the Public Works Department. The staff
promotes department, citywide, and City Council goals
and cultivates and maintains strong partnerships with all city departments, intergovernmental organizations, and
community groups to deliver high-quality services.
Engineering
The Engineering portfolio delivers high-quality project management, engineering, CADD design, land surveying,
and administrative services in support of implementing the Capital Improvement Plan. The staff also provides technical support and advice to the Public Works and Community Development Departments.
Fleet
The Fleet portfolio provides high-quality and efficient vehicle maintenance, repair, and procurement services to achieve high standards for vehicle reliability, appearance, longevity, and performance. As the city continues to pursue electrification, the Public Works garage currently maintains 47 hybrid/electric vehicles, 191 light and medium-duty vehicles, 126 heavy-duty vehicles, and 210 pieces of small equipment.
Landscape, Urban Forestry, and Traffic
The Landscape team provides consistently high-quality landscape maintenance to more than 131 acres of city-owned rights-of-way and properties, including City Hall, Library, Activities Center, Community Center, City Park, Lombard Plaza, water facilities buildings, as well as various wetlands, pedestrian paths, and storm drainage channels. The Urban Forestry team provides care and maintenance for the city's urban forest, enhancing the health of existing resources while encouraging conservation and preservation. The Traffic team inspects, maintains, and updates signal timing and progression plans on the city's 127 traffic signals, including coordination with the Oregon Department of Transportation (ODOT) and Washington County Land Use and Transportation (LUT) on signals under their jurisdictions.
Storm and Sewer
The Storm team operates approximately 254 miles of stormwater collection mains that reduce flooding and enhance water quality through targeted maintenance. The Sewer Team operates about 280 miles of wastewater collection conveyance system that functions reliably, is routinely subject to preventive maintenance inspections and repairs, and satisfies all the requirements of the Clean Water Act and Municipal Code.
Street and Construction
The Street and Construction portfolio maintains about 226 miles of roadway to a high standard, free of hazards, pavement failures, and other defects. The city uses a pavement management system to identify areas in need of rehabilitation at appropriate times to minimize costs and maximize pavement life. The average pavement condition index for the city is 73.
Water
The Water portfolio consists of two programs that maintain the water distribution system and water system quality.
The water distribution program ensures public health protection by providing a safe, uninterrupted supply of drinking water through 298 miles of water mains and includes the replacement of aging components. The water quality program is responsible for the operation and maintenance of water supply infrastructure. It performs all required water quality testing and monitoring for reporting to EPA and/or its primacy agency. 203
The Beaverton Community
Located in the heart of the Tualatin Valley, midway between Mt. Hood and the Oregon coast, Beaverton combines the best of a big city and the peaceful surroundings of a small town. Just seven miles west of downtown Portland, Beaverton is Oregon's sixth-largest city and the second-largest incorporated city in Washington County.
Beaverton is home to 97,500 people of all ages and backgrounds and is one of the most diverse cities in Oregon. One in three residents identifies as a person of color, roughly 20 percent were born outside of the U.S., and more than 100 languages are spoken in the Beaverton School District. This richness of cultural diversity is what makes Beaverton such a vibrant city.
Filled with eclectic charm, downtown Beaverton is a collection of mid-century shop fronts, turn-of-the-century landmarks, and the latest in mixed-use development. A new center for the arts with a large performing space recently opened and opportunities for shopping, entertainment, and exploration abound beyond the city's core.
Through a partnership with Tualatin Hills Park and Recreation District, Beaverton residents enjoy many outdoor activities. With more than 100 parks encompassing 1,000 acres, every home in Beaverton is within a half-mile of a park.
The city has 30 miles of hiking trails and a 25-mile network of bike paths. Within an hour's drive, there are many more natural areas and opportunities for recreation, including ski slopes to the East and ocean beaches to the West.
Beaverton's neighborhoods offer more opportunities for neighbors to have fun and make a greater impact on the community. Along tree-lined streets, neighbors are often out jogging, biking, dog-walking, and enjoying everything the city has to offer. From outdoor concerts to art, multicultural festivals, and celebrations, Beaverton's annual events help bring the community together.
Beaverton has a long history of thoughtful planning, addressing housing, transportation, economic development, diversity, equity, inclusion, and justice, among many others. The Beaverton community vision project won awards for community outreach and substance and continues to be integral to the development of Council priorities. Beaverton is proud that its residents and businesses take advantage of many well-designed means to interact with the city.
Welcoming residents and v isitors from everywhere, Beaverton is eager to share all that makes it the best in Oregon.
J1
Compensation
The fu ll salary range is $128,480 - $172,169 with an expected hiring range of $156,179 - $172,169 depending on qualifications. The City of Beaverton provides a generous benefits package. Learn more about our options and employee-based benefits here.
How to Apply
Applications will be accepted electronically by Raftelis at raftelis.hire.trakstar.com. Applicants complete a brief online form and are prompted to provide a cover letter and resume. Open until filled with ongoing review of applications.
The City of Beaverton is an equal opportunity employer and does not discriminate on the basis of age, sex, marital status, race, color, creed, mental or physical disability, religion, national origin, familial status, sexual orientation, gender identity, or source of income in the admission or access to, or employment in, its programs or activities. The City of Beaverton recognizes the significant contributions of veterans in protecting the libertiBs our residents enjoy. The city complies with Oregon's Veterans' Preference Law.
Questions
For more information or questions regarding the City of Beaverton or the Public Works Director position, please contact Heather Gantz at hgantz,@raftelis.com or Robert Colichio at rcolichjor<ilraftelis.com. 204
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CEDAR, RAPIDS
City of Five Seasons"
CITY OF CEDAR RAPIDS
Public Works Director
205
The Position
The City of Cedar Rapids, Iowa, seeks a strong customer-focused, team-focused, strategic leader to serve as the next Public Works Director. Demonstrating both technical and interpersonal competence, the next Director will lead the Public Works Department by balancing a strong operational focus and long-term strategic approach to the City's assets.
The Public Works Director provides leadership and direction to an integrated and collaborative team of professionals with the full range of Public Works services through six main sections: Engineering, Traffic, Streets, Real Estate and Right of Way, Sewer, and Administration. Public Works includes design and construction of city and private development projects, engineering, operation, and maintenance of traffic control projects, maintenance and rehabilitation of streets and winter maintenance, securing property interest for City projects, right of way oversight, and the disposition of City assets.
The Director is responsible for planning and implementing programs for the community and working collaboratively with regional, state, and federal agencies. The Director works very closely with the City Manager and Deputy City Manager on developing the City's capital improvement budget, executing capital improvement plans, assisting in securing the necessary funding and resources for projects, and reviewing all work activities to ensure efficient and safe operations and conformance with established state, county, and city standards, regulations, and policies.
The Public Works Department is responsible for the community's infrastructure, including streets, bridges, traffic signals and traffic flow, storm sewer/stormwater, and flood control operations. Reviewing private development projects for compliance with the City's standards and development and implementation of significant departmental policies are a!so part of the Public Works Director's purview. The Director manages the development and implementation of the Public Works Department strategy, collaborating with the Division Leaders to create subsequent work plans, goals, objectives, pol icies, and priorities for each area. Direct Reports for the Public Works Director include the following positions: City Engineer, City Traffic Engineer, Real Estate Services Manager, Sewer Operations Manager, Streets Operations Manager, Public Works Program Coordinator, and Administrative Assistant. 206
The Priorities
• Develop strong working relationships with the City
Manager, Deputy City Manager, Senior Leadership Team,
Public Works Department staff, and other key staff
members; spend time learning operating systems and work practices and meeting with key staff.
• Meet with the Public Works staff across all levels of the organization to develop sound working relationships
and trust; develop an ongoing, regular meeting schedule and communication system and focus on collaboration
of scheduling project work to ensure proper use of City resources and increased understanding of City project
interconnectedness.
• Work with Public Works, Communications Team, and
City Manager's Office staff to develop and implement a
consistent approach to community engagement on capital
projects to increase organizational credibility and value-add with residents.
• Collaborate with the Army Corps of Engineers and other flood control stakeholders to continue the flood control system project to protect the City from future flooding. • Communicate needs for ongoing street systems
improvements through the Paving for Progress Program
funded through the local option sales tax.
Develop the Public Works Department budget, short and
long-term capital plan working with key departmental
staff. Develop a systematic approach to ensuring funds
are dedicated and explicitly programmed for crucial maintenance and lifecycle costs of existing and older assets in addition to new projects/assets. Identify future infrastructure needs and expenses for the five growth areas in EnvisionCR.
• Work with the City Manager's Office and departmental staff to assess the future operational space and maintenance needs of the Public Works Department; develop a short-term and long-term plan to address these needs. • Manage the Public Works accreditation process to submit for approval by December 2021. • Continue efforts for the Public Works Department to engage in organizational health initiatives that improve city processes through integration and collaboration.
The Successful Candidate
The Public Works Director possesses strong leadership skills and the ability to connect with staff, elected officials, and the growing community to effectively drive change. The Public Works Director is committed to organizational maturity and embraces the ongoing process of developing employees, updating procedures, and increasing capabilities and technology readiness to deliver excellence in our services. With an eye on process improvement and innovation, the Director brings a fresh perspective and a modern approach to public works projects and initiatives. This person values creativity and embraces alternative methods and new approaches to problem-solving.
Thorough knowledge of equipment, facilities, materials, methods, and procedures used in the design, operations, and maintenance of transportation systems, stormwater treatment, storage, and distribution systems is essential. With a background in one or more traditional public works disciplines, construction, and/or engineering, the Public Works Director brings experience working on a wide variety of projects and fully understands the project's lifecycle. The Director has exceptional financial acumen and readily communicates the cost and budget implications of ongoing infrastructure needs while articulating why improvements are needed for community members. A successful track record of strategic planning and vision for future growth is essential. Experience with departmental accreditation is a plus.
An effective leader, the Public Works Director models behaviors expected throughout the organization, including collaboration, a commitment to high-quality work, and sound customer service. The successful candidate is teamoriented, establishes clear expectations, effectively delegates, and holds others accountable. The Public Works Director is known for supporting staff and removing barriers to enable success. The ideal candidate employs a leadership style that invites participation and gathers input from the talented Public Works team. In addition, the successful candidate enjoys being an essential and active member of the management team. 207
Qualifications
Minimum requirements include a bachelor's degree in civil engineering or a related field, and seven to nine years of experience managing infrastructure design and engineering activities. In addition, significant experience with organizational leadership, managing large operational and capital budgets, traffic engineering and transportation policy development, planning, and implementation in an organization similar to Cedar Rapids is required.
Preferred qualifications include Professional Engineering (PE) Licensure, a master's degree, and experience in at least one Public Works Department service area other than transportation. Additional preferred qualifications include a background in municipal finance and budgeting, expenditure tracking, bonding, connection charges, utility rate setting, capital improvement programming, and project management. Experience within a city, county, or regional office or firm that does considerable work for local government agencies is preferred. Knowledge or understanding of State of Iowa laws and regulations relating to municipal public works is also preferred.
All City Directors are required to live within the Cedar Rapids city limits within a reasonable timeframe after appointment. This will be discussed at the offer stage.
Inside the City of Cedar Rapids
Since 2006, the City of Cedar Rapids has operated under the council-manager form of government. The elected body appoints a City Manager to oversee the day-to-day administrative operations of city government. The Cedar Rapids City Council consists of eight Council members and the Mayor. The Mayor and three Council members are elected at large, with the remaining five members elected from one of the City's five districts. All members of the Council, including the Mayor, are elected to four-year terms.
The organization consists of the following departments: Building Services, Community Development, Finance, Fire, Human Resources, Parks and Recreation, Police, Public Works, and Utilities. Each department reports to the City Manager, the Deputy City Manager, and the Finance Director.
The FY 2021 expenditure budget is $600 Million, of which $142.2 Million is appropriated to the General Fund.
Approximately 1300 employees encompass the City's workforce in FY 2022.
Vision Statement
"Cedar Rapids, a vibrant urban hometown - a beacon for people and businesses invested in building a greater community now and for the next generation."
Core Values
We Serve Enthusiastically
We have a people-first attitude, we take the initiative, and we go the extra mile.
We Find a Way
We are problem solvers, we listen and learn, and we explore creative alternatives.
We Team Up
We are open and approachable, we value relationships, and we assume the best in others.
Awards and Recognition
• 14th best-run city in America in 2020 (WalletHub)
• #2 most recession-resistant city in 2020 (SmartAsset) • 11th best American city to live in after the pandemic (Business Insider) • #1 best place in America for children for five years in a row (SmartAsset) • 18th safest city in America in 2019 (WalletHub)
• 12th best city to buy a house in America in 2019 (Niche) • 16th most livable mid-sized city in America in 2019 (SmartAsset) • Top 100 best places to live in 2019 (Money.com)
• 2020 most caring city in Iowa (lnsurify)
• 8th best city for living the American dream in 2019 (SmartAsset) 208
Inside The Public Works Department
The Public Works Department maintains the City's infrastructure to support the growing community. With a staff of over 180 employees and a budget of $7.6 Million, the department is responsible for six sections:
• Engineering: design and construction of city projects and inspection of private development projects. • Traffic: engineering, operation, and maintenance of all traffic control on the City's transportation network. • Streets: maintenance and rehabilitation of streets and winter maintenance and snow removal. • Real Estate and Right of Way: securing property interest for City projects, right of way use oversight, and the disposition of City assets.
• Sewer: operation, maintenance, and regulation compliance of all sanitary sewers and storm water conveyance systems within the City.
• Administration: planning and directing all operations of the Public Works Department, including asset management, budget, customer service, and training.
Public Works Department Statistics
• The Public Works Department currently maintains over 640 centerline street miles (almost 2K lane miles). • The Public Works Department completes over 7K work orders annually. • The Engineering Division oversees the design and construction of projects with a total construction cost of over $60M each year.
• During a typical winter, which averages 32 inches of snow, over 9K tons of salt improve roadway conditions during snow and ice events.
• The Traffic Division maintains over 1.8M linear feet of pavement markings and symbols each year and 40K traffic signs. The City also supports more than 200 signals, flashers, and other electronic traffic control devices. • The City has 80 miles of off and on-street bicycle facilities throughout the City and into the County and earned Bronze status as a Bicycle Friendly Community. The City added 5-miles in FY 2020 and expects to add 7-miles in FY 2021.
• In FY 2020, the City issued over 3K right of way permits. In FY 2020, the City completed 207 partial and total acquisitions required for the City's public improvement projects. • On a rotational basis, streets mow the quadrants of town using routing similar to the sweeping program. • Two mowing rotations of right of way are completed each month, including City-owned properties. • In FY 2020, Streets completed 20 projects amid a pandemic that changed operations to allow workers to report to work safely.
Recent Accomplishments
• Paving for Progress construction included approximately ten-lane miles of roadway improvements to complete 25 projects (Streets Division completed 19 of the 25).
• The Traffic division converted SOOK linear feet (25%) to a durable pavement marking material with a 2 to 5- year service life in FY 2020.
• Real Estate and Right of Way acquired property approval on three projects with USACE in FY 2020 for flood control construction to begin.
• Dedicated staff to the August 2020 derecho cleanup, traffic control, and opened streets to emergency access. 209
The Community
Situated on the banks of the Cedar River in eastern Iowa, Cedar Rapids is a thriving Midwestern community rich in history, art, and culture. As Iowa's second-largest city, Cedar Rapids is a central economic hub and enjoys a diverse, stable business environment. The community is affordable, inclusive, and safe - the qualities often cited as the reasons Cedar Rapids is one of the nation's best places to live, work, and raise a family. Cedar Rapids has something for everyone with ample parkland and green space, a large variety of nightlife and restaurant options, and a year-round calendar of exciting events.
There is never a shortage of th ings to do in Cedar Rapids. The City's expansive park and trail system span more than 4,170 acres of land and green space, and the Cedar River provides a wide range of water recreation opportunities.
Cedar Rapids even has a small island on the Cedar River. Mays Island houses the Linn County District Court and Correctional Center, the Veterans Memorial Building and Coliseum, and two small parks. Downtown Cedar Rapids is a shopping and dining destination, and the nearby Veterans Memorial Stadium is home to Minor League Baseball 's Cedar Rapids Kernels, a Minnesota Twins affiliate team.
For those seeking culture and history, the National Czech and Slovak Museum and Library, African American Museum of Iowa, and historic Paramount Theatre are sure to please. The Czech Village/New Bohemia District, located in the heart of Cedar Rapids, celebrates the community's distinct Czech heritage. Home to the most extensive collection of Grant Wood paintings in the world at the Cedar Rapids Museum of Art and the Brucemore mansion - Iowa's only National Trust Historic Site - Cedar Rapids has unique offerings that can 't be topped.
Cedar Rapids boasts a large and diverse tax base due to its substantial commercial, health care, food processing, manufacturing, telecommunication, and aerospace companies. The City's largest employers include Collins Aerospace Transamerica, St. Luke's Hospital, and Cedar Rapids Community School District. Other sizeable industrial uti lity users include International Paper, lngredion, ADM , JRS Pharma, Cargill, and Dupont. General Mills and Quaker Oats also have plants here.
The Cedar Rapids Community School District serves most students in the community, with portions of the City served by the Linn-Mar Community School District and the Col lege Community School District. Higher education opportunities are available at one of the two private liberal arts universities in Cedar Rapids - Coe College and Mt.
Mercy University. Kirkwood Community College is in Cedar Rapids and the University of Iowa is located less than 30 miles south of the City.
Every year the Cedar Rapids community experiences the wonders of changing seasons in typical Midwestern fashion.
Some say that taking the time to appreciate everyday beauty extends life, almost like an extra season is added to every year. Cedar Rapids offers a unique balance of big city amenities without all the typical hassles and headaches of a large city. This extra time afforded to residents and visitors is why Cedar Rapids is known as "The City of Five Seasons." This fifth season affords residents time to enjoy all other seasons and to enjoy life.
Quick Facts
• Population: 134,268 (2021)
• Median Household Income: $58,511
• Median Home Value: $141,800
• Median Age: 36.3
All demographic information was sourced from the U.S. Census Bureau. 210
Compensation
The full pay range for the Public Works Director is $130,641.92 - $182,898.69. The hiring range is $130,641 .92 - $156,591.02, depending on qualifications, with an excellent benefits package. Learn more about our options and employee-based benefits here.
How to Apply
Applications will be accepted electronically by The Novak Consulting Group at thenovakconsultinqgrouo.com.
Applicants complete a brief online form and are prompted to provide a cover letter and resume. Apply immediately, but applications will be accepted through September 9, 2021.
Questions
Please direct questions to Catherine Tuck Parrish at [email protected] or 513-221-0500. 211
A PART OF
~ RAFTELIS
City of Cedar Rapids
FIRST-YEAR GOALS FOR THE PUBLIC WORKS DIRECTOR
1. Develop strong working relationships with the City Manager, Deputy City Manager, Senior Leadership Team, Public Works Department staff, and other key staff members; spend time learning operating systems and work practices and meeting with key staff.
2. Meet with the Public Works staff across all levels of the organization to develop sound working relationships and trust; develop an ongoing, regular meeting schedule and communication system.
Continue PW management team meetings and hold all-staff meetings; visit worksites and staff in the field to learn directly about projects and operational issues.
3. Work closely with other City departments to collaborate in scheduling project work to ensure proper use of City resources and increased understanding of City project interconnectedness.
4. Continue ongoing labor-management meetings and partner with Human Resources and labor leaders to solve organizational issues early. Continue the Organizational Health initiatives, which include cross-departmental collaboration and encourage Public Works staff participation.
5. Work with Public Works, Communications Team, and City Manager's Office staff to develop and implement a consistent approach to community engagement on capital projects to increase organizational credibility and value-add with residents.
6. Collaborate with internal project manager, the Army Corps of Engineers, and impacted parties to continue the City's flood control system projects to protect the City from future flooding.
7. Monitor the progress on the Paving for Progress (ongoing street systems improvements) and continue to advocate for the need for this project in the future renewal of this local option sales tax.
8. Develop the Public Works Department budget, short and long-term capital plan working with key departmental staff. Develop a systematic approach to ensuring funds are dedicated and explicitly programmed for crucial maintenance and life-cycle costs of existing and older assets in addition to new projects/ assets. Identify future infrastructure needs and expenses for the five growth areas in Envision CR.
9. Work with the City Manager's Office and departmental staff to assess the future operational space and maintenance needs of the Public Works Department; develop a short-term and long-term plan to address these needs.
10. Manage the Public Works accreditation process to submit for approval by December 2021.
Trusted Advisors Transforming Communities
212
City of Los Banos
Response to the Req nest for Proposal
Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager Recruitment Services
Prepared By:
Netsynk Inc.
September 27, 2023
213
Subject: Request for Proposal
Dear Lucy,
Cover Letter
City of Los Banos seeks to obtain qualified and competent executive personnel to fill in the specific job positions. Based on your request, we would like to provide our proposal for your review.
Netsynk is excited to announce that we would like to participate in RFP process for City Los Banos.
Netsynk has reviewed the scope of services as mentioned in RFP and our attached proposal shares all the details required and ensures our commitment towards providing all the services as described in the "Scope of Services" of the RFP
Our robust recruitment model ensures that our clients are able to find the "Right Fit" for their open needs. Netsynk has provided resources to our clients by sourcing hard-to-find and niche skills. We proactively create a database of resources that helps us to forecast and create internal capabilities within defined skill sets. Clients benefit tremendously by using this data to assess project and financial viability as well as future skill set availability.
We are excited to share our passion by participating in this RFP process with City of Los Banos and look forward to the opportunity to work as your partner and achieve success together.
Thank you for your time and consideration.
Regards,
Savio Pais
President
Netsynk Inc.
214
A.Firm Background and Experience
I Firm Background
Netsynk Inc. is a leading professional staffing services company headquattered in Bolingbrook, IL. Our organization was incorporated in the state of I1linois in the year 2019 and has been in existence for over four years as a staffing services company. They are certified by Chicago Minority Supplier Diversity Council, an affiliate of NMSDC. Our services to our clients include contract, permanent, executive search and statement of work (SOW) in industries such as Communication, Media, Technology, Manufacturing, Life Sciences, Government, etc. We have provided skills in General Administration, Customer Service, Sales and Marketing, Engineering, Clinical and Technology.
B. Netsynk, being headquartered in Bolingbrook, IL can service our clients in over 50 states (at a national level). Netsynk has successfully helped companies to identify, attract, and recruit talented professionals with diverse and niche skill sets. Our experienced recruiters with domain knowledge are not only technically skilled but are also able to source and recruit talent from a huge database pool. Netsynk has the ability to work on high demanding, tough skills as and when required by a client.
Netsynk can provide the client help during peak demand periods, such as during elections, staffing shortages or vacation of regular employees. This can be done without the commitment of hiring.
All the provided candidates are available for a maximum of 40 hours per week or up to a maximum of 2080 hours within a I-year calendar period. Netsynk will work with the client to establish the work hours of temporary staff. The client can indicate the work hours of the temporary staff.
Netsynk understands that work hours may vary based on the workload, time of the year and/or budget conditions. Netsynk has the ability to provide bilingual resources as and when required by the client.
II Experience with Similar Recruitments
Netsynk has over 3 years of experience working with top Fortune lO00 clients; supporting their needs. The founders of Netsynk have over 20+ years of experience working with leading staffing companies and supporting clients with high volume and demand. With a strength of over IO+ talent professionals with over 2.5 years of experience in sourcing and recruitment; Netsynk can recruit any tough to find or demanding skills. Netsynk has experience successfully staffing resources as a sub-contractor for an implementation partner, on a government project.
III Brief Resumes oflndividual Assigned to this Project 1) Chandni Singh (Team Lead)
Linkedin Profile: https://www.linkedin.com/in/chandni-singh-8a9a5b2 l 2 Email: [email protected]
Phone:6284937348
215
SUMMARY:
As a seasoned senior recruiter, my professional expertise lies in identifying and securing exceptional talent for a variety of roles within organizations. I am adept at sourcing and screening candidates and managing the end-to-end recruitment process with a keen focus on providing positive candidate experience. In addition, I have a proven track record of developing and implementing successful recruitment strategies that attract and retain top-tier candidates. My ability to build strong relationships with both candidates and hiring managers has been key in ensuring successful placements and a satisfied workforce. My skills also include conducting effective interviews, negotiating job offers, and providing guidance on job descriptions and salary ranges. I collaborate .closely with hiring managers to understand their staffing needs and align recruitment efforts with company objectives. Overall, my passion for recruiting, combined with my extensive experience and skillset, make me an ideal candidate for any organization seeking to elevate its talent acquisition efforts.
WORK EXPERIENCE:
Team Leadl Netsynk Inc. June 2023 - present
• Lead a team of recruiters, coordinators, or other staff members, ensuring their productivity and performance. • Provide guidance, mentorship, and training to team members to enhance their skills and professional development. • Build and maintain strong relationships with clients, understanding their hiring needs and requirements. • Collaborate with clients to develop staffing strategies, ensuring the right candidates are sourced and placed. • Conduct client meetings, providing updates on candidate pipelines, performance metrics. • Address client concerns or issues promptly and professionally, ensuring high levels of client satisfaction. • Oversee the end-to-end recruitment process, including job posting, candidate sourcing, screening, and selection. Senior Recruiter! Netsynk Inc. Jan 2023 - May 2023 As a senior recruiter, I have been responsible for a variety of critical functions within the recruitment process, including: • Developing and implementing recruitment strategies to attract top talent • Sourcing, screening, and assessing candidates to ensure a high-quality candidate pool • Conducting phone and in-person interviews to evaluate candidates' skills, experience, and fit • Managing the entire recruitment process, from posting job ads to extending offers and negotiating salaries • Collaborating with hiring managers to understand staffing needs and provide guidance on job descriptions and requirements • Building and maintaining relationships with candidates and hiring managers to ensure a positive recruitment expenence
Associate Recruiter! Netsynk Inc.Jan 2 0 2 2 -Dec 2 0 2 3 • Source and identify potential candidates for job openings using various job portals and databases. • Screen resumes and applications for minimum qualifications and experience and determine which candidates should be moved forward in the recruitment process. • Maintain accurate and up-to-date candidate and job data in the applicant tracking system (A TS) or other recruitment software. • Post job openings on job portals and other relevant websites, and ensure postings are optimized for maximum visibility and candidate engagement. • Monitor job portals for new 216
candidates and respond to inquiries and applications in a timely manner. • Assist with scheduling interviews and coordinating communication between candidates, hiring managers, and other stakeholders. • Conduct initial phone screens with candidates to assess their qualifications and interest in the position. • Assist with reference and background checks as needed. • Collaborate with other members of the recruitment team to continuously improve recruitment processes and strategies. • Stay up to date on industry trends and best practices related to recruitment and job portals.
Internship Production Intern I Magnatek Enterprise Dec 2020 - Jan 2021 Responsibilities:
• Assist in the preparation and operation of equipment used in the manufacturing process, such as mixers, reactors, and filling machines. • Help monitor and control the manufacturing process to ensure compliance with safety and quality standards. • Complete production records and batch documentation accurately and in a timely manner. • Assist with inventory management and ordering of raw materials and supplies. • Participate in cleaning and sanitization of manufacturing areas and equipment. • Attend production team meetings and communicate any issues or concerns related to the manufacturing process. • Learning experiences: • Gained an understanding of the principles and regulations governing pharmaceutical manufacturing, such as current good manufacturing practices (cGMP). • Learned how to operate and maintain equipment used in the production of pharmaceuticals, including mixers, reactors, and filling machines. • Became familiar with the various stages of the manufacturing process, from formulation development to packaging and labeling. • Developed skills in documentation and record-keeping, such as completing batch records and maintaining accurate inventory records. • Acquired knowledge of quality control and assurance processes, such as testing and analysis of raw materials and finished products.
EDUCATION:
2017 - 2021 Bachelors of Pharmacy at Lovely Professional University 2017 Class 12th Kendriya Vidyalaya Sangathan 2015
Class l 0th Kendriya Vidyalaya Sangathan
PUBLICATIONS:
Published a review article "Multiple target-based combination therapy for the treatment of Parkinson's disease "under APJHS.
WORKSHOP/ SEMINAR/ GUEST LECTURE ATTENDED:
• Attended the 106th Indian Science Congress, " based on the theme of Future India: Science & Technology", LPU, January 2019.
• Attended a conference named Phytocon which focused on Commercialization of Herbal Products, LPU, April 2018 • Attended a conference on Ayurveda, Agriculture and Pharmaceutical Science held at LPU, October 2018.
217
• Attended a workshop organized by Vivel, titled Vive) Ab Samjhauta Nahin know your rights held at LPU, November 2019. • Attended 2nd International Conference of pharmacy (ICP-2019) Theme: pharmacy realigning the focus on health, LPU, September 2019. • Attended a webinar named Eat Healthy to Fight COVID in August, 2020.
Skills:
• Communication skills
• Relationship-building skills
• Time management and organization skills
• Problem-solving and critical thinking skills
• Technical skills
• Sales skills
• Attention to detail
2)Soju Zacharia (Recruiter)
Linkedln Profile: https://www.linkedin.com/i n/so ju-zacharia-a4a53b26b/ Email: [email protected]
Phone:6304547166
OVERVIEW:
As a seasoned Associate recruiter, my professional expertise lies in identifying and securing exceptional talent for a variety of roles within organizations. I am adapting at sourcing and screening candidates and managing the end-to-end recruitment process with a keen focus on providing a positive candidate experience. In addition, I have a proven track record of developing and implementing successful recruitment strategies that attract and retain top-tier candidates. My ability to build strong relationships with both candidates and hiring managers has been key in ensuring successful placements and a satisfied workforce. My skills also include conducting effective interviews, negotiating job offers, and providing guidance on job descriptions and salary ranges. I collaborate closely with hiring managers to understand their staffing needs and align recruitment efforts with company objectives. Overall, my passion for recruiting, combined with my extensive experience and skillset, make me an ideal candidate for any organization seeking to elevate its talent acquisition efforts.
EXPERIENCE:
Netsynk INC. Feb 2023- present Associate Recruiter
218
• Source and identify potential candidates for job openings using various job portals and databases. • Screen resumes and applications for minimum qualifications and experience and determine which should be moved forward in the recruitment process. • Maintain accurate and up-to-date candidate and job data in the applicant tracking system (A TS) or other recruitment software.
• Post job openings on job portals and other relevant websites, and ensure postings are optimized for maximum visibility and candidate engagement.
• Monitor job portals for new candidates and respond to inquiries and applications in a timely manner.
• Assist with scheduling interviews and coordinating communication between candidates, hiring managers, and other stakeholders.
• Conduct initial phone screens with candidates to assess their qualifications and interest in the position.
• Assist with reference and background checks as needed. • Collaborate with other members of the recruitment team to continuously improve recruitment processes and Strategies.
• Stay up to date on industry trends and best practices related to recruitment and job portals.
SKILLS:
• Communication skills
• Sales skills
• Microsoft word, excel, office, outlook etc.
• Problem-solving and critical thinking skills
• OOP
• Time management
III Contact Information of the References
Netsynk Inc. has successfully worked with the following clients in the past 219
References Contact Telephone Email
Name Number
1. Publicis Sapient Mahesh mahesh.naikpublicissapient.com (City of San Mateo, CA.) Naik 602-628-9977
2. Publicis Sapient Melissa [email protected] Cohen +1647 241 8250
3.CEP Najim [email protected]
(Civil Engineering Heidari, (608)960-7646
Professionals) PE
IV Sample Work Products of Netsynk
Netsynk follows a systematic approach of recruitment process as mentioned below where it tracks the candidate profile in a distinct skill evaluation matrix table so that it can submit the client the desired requirements in an effective manner. The skill evaluation matrix is shown below as Table 1.
Sourcing:
Netsynk is responsible for conducting advertising, recruiting, testing, evaluation, screening and hiring activities, to ensure the best qualified executive staff assigned to provide the services, as required by the client. Netsynk shall be responsible for all costs necessary and related to these activities.
Netsynk's recruitment model is based on working with a client, on a client centric manner (Refer to Fig. I) by providing a dedicated team, committed to support each client and their needs. In other words, a team of recruiters are dedicated to work with a client. In this case, Netsynk will have three dedicated recruiters work solely on City of Los Banos open requirements.
Client Centric Model:
220
Proactive Recruiting/
Sourcing
Recruiting/Sourcing
Delivery
Delivery Manager
Reactive Recruiting/
Sourcing
Requirement 1 Requirement 2 Requirement 1 Requirement 2 Fig. 1
There are 2 ways in which we procure executive staff for our clients, viz, proactive and reactive. a. Proactive Recruitment: A proactive team is responsible to source candidate, for the future. In other words, these requirements are not published or released to any vendor by the client. However, Netsynk will identify candidates for the future, by reaching out to potential candidates to check their skills and availability. [n our opinion, this investment would help create a pool of resources, identified for the future.
b. Reactive Recruitment: This recruitment would be conducted in a reactive manner; which in other words implies; only when a requirement is published or released to vendors will Netsynk work on those requirements.
Recruiter profile: The average recruiters at Netsynk employment is 2.5 years. All recruiters are trained to conduct sourcing and recruitment by following the best recruitment practices.
Recruitment team: Recruitment team has access to a database of 1 million candidates who are available on our Applicant Tracking System (A TS). Netsynk subscribes to premium job portals like Monster, CareerBuilder, and Dice etc. Attendance to networking events, job fairs is another important part of our recruitment process. At any point of time, Netsynk maintains a list of qualified temporary staff for each position to fill the vacancies which are created either by the termination or resignation, of temporary staff. All these candidates are housed in our ATS.
Recruitment Process:
221
Netsynk will provide executive staff as and when requested by the client, for every Job Title as provided in the Pricing Form.
The recruitment process is as follows:
RECRUITMENT PROCESS /,1,,,,,111111111
.Ne-t:Sy:i,k Jnc:.
Requisition
received from
Client
Video Conference
References
Assigned to Team
Delivery Lead
.. Online Presence (linkedin,
FB, Twitter, etc)
Soft Skills
Record Video meet
"-.l. • t t 1 r 1J ~ .i I. it ,-. I -, , •,-,I
Internal Applicant Tracking/ Recruitment
I Tool "' I Recuriment Team Assigned to Recruiter [ j • Recr uiters --- ---·-·----- - SME Screen I Technical Screen ~
Submission •• J Submitted to Client
Candidate
Identification .,
Existing Employees
Applicant Tracking
System
Referrals
Ooen Marketplace
Pictorial representation of sourcing methodology that is used to submit candidates within 48-72 hours Fig. 2
When the requirement is released or published by the client, Netsynk's recruitment team starts work on the same. A requirement is released to a recruiter working dedicatedly on the City of Los Banos account. The delivery lead briefs the recruiter on how to source and recruit potential candidates, for this requirement. The SME/ Delivery Lead prepares a skill evaluation matrix (Refer to Table 1) for the recruiter. The recruiter screens a potential candidate and rates the candidate on each of the primary and secondary skills; along with the number of years the candidate has worked with each of those skills. The recruiter conducts a screen to determine if the candidate has the skills and is a fit for the open requirement. Once the candidate clears the screen by the recruiter, the candidate is submitted to the Subject Matter Expert/the Delivery Lead, who conducts another round of screening with the potential candidate. The SME/delivery lead records his ratings in the same skill evaluation matrix (Refer to Table 1). The ratings of the recruiter and the SME/ Delivery Lead should match, or the candidate does not clear the screen conducted by the Delivery Lead. This two-tier skill evaluation check helps in providing quality candidates to our clients. All candidates are screened by the Delivery Lead via Microsoft Teams video conferencing.
Camera interviews helps us to identify the candidate, check his soft skills apart from his technical skills. Two relevant and recent supervisory reference are verified. Additionally, candidate is also checked on their online presence, viz, Linkedln and Twitter. This process ensures that we submit genuine and quality candidates to our clients. Only after the candidate clears the screen or the interview with SME or Delivery Lead, will the candidate be submitted to the client. The client has the right to review resumes and/or applications for employment and/or interview executive staff candidates as well as verify that the prospective executive staff worker will be able to provide the required services.
222
Table 1: Skill Evaluation Matrix
Require CLIENT'S CLIENT'S RECRUIT RERUITE TEAM TEAM REMARK ment MANADT OVERALL ER'S E R'S LEAD LEAD s
Name ORY RATINGS PERIENC OVERALL EXPERIN OVERALL
EXPERIE (1-10) E RATINGS CE RATINGS
NCE (1-10) RATINGS
Candidat
e
identified
from
Name
(Match
with
Linkedln
&
resume
Linked In
Profile
Linked In
Profile
link
Online
presence
check
(Linked In
/twitter/
FB)
Connecte
d with
candidat
e on
Linked In
{Y/N)
(Full
Name
223
Check on
Linkedln
(Y/N))
Profile
Picture
Check on
Linkedln
Does the
candidat
e have
icon of
client he
has
worked
with on
Linked In(
Y/N}
1)
Linkedln
Profile
picture
2)
Recomm
endation
3)
Connecti
on
SENIOR -
TOTAL
EXPERIE
NCE
PRIMARY
SKILL
224
ID
(Picture
tallies
with
Linkedln}
Language
(other
than
English}
VISALH1
BCOQ:-iLP
aSSQOrt
number
Linkedln Profile is Mandatory
2. At least two of the three conditions of Linkedln must be met
3. Primary Skills must be met
4. Linkedln profile picture and DL should match
5. IfID PIC doesn't match with Linkedln Eliminate
6. HlB copy should have his employer Name/ Date have to be Valid In house Applicant Tracking System (ATS):
Netsynk is focused on utilizing data to internally evaluate our performance. Our in-house ATS, is able to create reports which indicates performances. These reports also help us to make decisions which enable us to perform or improve our performance. For example:
The Applicant report:
This report generated would help in providing statistics and total number of applicants available for a requirement along with their details.
225
A.PPLJC.ANTS ~
Fig. 3(a)
The Interview report:
This report would give a view of interviews schedule with a summary of candidates being interviewed.
-·--- -
- r 1• -- · ~ a ._.,.o , - - •- ·
Fig. 3 (b)
Job Posting Report:
This report indicates active jobs monthly along with clients score card with success rate. 226
- .. 0
- ...... •·
~
__ , ....
Fig. 3(c)
The Placement Report:
A report of all the hires, revenues and terminations.
• a ,. a o
- r - I ' - - '" ... - - 0 ~ - •
Fig. 3(d)
The Activity Report:
Indicates the workload for each recruiter and their activities. 227
.. ' .
-----·-
____ -·-- .... .,,,,. __ . ______ ..
.-. r- n •-- -- • a - o ,, o - •- · -
Fig. 3(e)
Netsynk believes in transparency and in giving honest updates of their progress at work, therefore the client can ask for any of these reports for their progress track of the contract.
Netsynk has the policy of making every candidate sign the Non-disclosure Agreement and confirming their rates either by meeting them in the physical office or through video conferencing and this is done prior to the submission of candidate profile.
Governing mechanism to avoid fabricated resumes:
Netsynk has a mechanism in place to avoid false candidates. This is done by following:
1. Professional references: Two supervisory references for the last three projects are checked before submission. The dates of employment, quality of work and would the past employee hire the candidate again if an opportunity arises, are some of the questions asked to these references.
Based on the feedback provided, a candidate is submitted to the client.
2. Online presence check: Resumes are verified by checking them on Linkedin.
3. Education check: All degree certificates are requested for checks which helps us determine when the candidate has graduated.
4. Valid government ID: All candidates need to submit a valid government ID (driver's licence, state ID, passport) before being interviewed by our SME/Delivery Lead. This ensures that the person interviewing with us is the same person being submitted to the client.
5. Video Screens: We conduct video screens of all candidates. The two-tier check ensures high level quality and genuine candidates. A client can always request for any video screen conducted by us and we can share the same.
6. Work Authorization: Before submitting a candidate to the client, Netsynk checks with the candidate if he/she is authorized to work in United States.
Submission to the client:
228
• A potential candidate who has cleared Netsynk's screening, is submitted to the client via electronic mail or the client's portal. The following details are submitted:
• The full name of the candidate (First, middle initials and last name i.e., mentioned on their SSN)
• Availability to start on the project (Date and time)
• Availability to interview (Date and time)
• Current location (City and state)
• Bill Rate (hourly rate)
• Linkedln profile link (if any)
• Highlights of the candidate (reasons why the candidate is a fit for a requirement) The submission email would also have skill evaluation matrix (Table I) attached to it.
Netsynk strongly believes that the client needs to be kept abreast of the various steps during the recruiting cycle (viz: sourcing, recruiting, submission to the client, interview, hire, start, and performance review and project completion). Hence, the candidate's submission email would encompass of the following:
Recruitment steps (Refer to Table 2) would indicate where Netsynk has reached for that step along with the person assigned to complete that step, either a Delivery Lead or recruiter.
Table 2
Recruitment steps Assigned to 1. What IS the
frequency of
completing the
recruitment
step?
2. Has this step
been
completed?
(YIN)
Sourcing
I Brief to Recruiter DL
Create Skill DL
Evaluation Template
Identification of R
Potential Candidates
II Recruiting R
Recruiter screens R
candidate
229
Screen conducted via R
Telephone/ video
Checks conducted R
(employment)
Checks conducted R
( education)
Online presence check R
(Linkedln/twitter/FB)
Checks Conducted R
(work authorization)
Fills Skill Evaluation R
Template
SME or DL screens DL
candidate
Fills skill Evaluation DL
Template
Screening conducted DL
via Teams
Checks conducted DL
(employment)
Checks conducted DL
(education)
Checks Conducted DL
(work authorization)
If W2 (Rate R/DL
confirmation/ RTR
/NDA) signed
If vendor company R/DL
Rate confirmation
with employer
Pre-submission to the DL
client
Double-check all DL
document
III Submission to the DL
client
Highlights/ why the DL
candidate is a strong
fit
230
Follow-up with the DL
client on submission
IV Interview DL
Pre-interview DL/R
Interview availability DL
confirmation with the
candidate
Interview schedule DL/R
with client and
candidate
The candidate DL/R
confirmed the
interview availability
DL attendance at the DL
interview to
confirmed candidate
Collect Feedback on DL
interview
V Hire DL
Client confirmation DL
via email
We confirmed the DL
availability of the
candidate
Initiated Background DL
check
Share Background DL
check every week
Collect MSA, [9, DL
Work order, Cocoa,
etc.
Collect start date from DL
the client
Client (Laptop. Login DL
credential) collect and
share with the
candidate
231
Shared reporting DL
details with the
candidate
Manager name phone
number email start
date and time
On boarding brief DL
with the candidate
(Manger details, atria,
client expectation
project, Manger's
timesheet)
Shared start details DL
with the candidate
Manager name phone
number email start
date and time
VI Start
On the first day of start DL
confirm the candidate
started and inform
client.
informed HR, DL
Timesheet, AP
Speak with candidate DL
weekly basis
VII Performance review/ DL
customer review
Once in three weeks
Share feedback with DL
the candidate
VII Project completion/ DL
Post completion
Inform candidate of DL
end date
Collect laptop return DL
schedule
232
Check with client DL
receive laptop any
other property
R= Recruiter
DL= Delivery Lead
B. Timeline for each phase of Recruitment Process
Netsynk has proposed the following schedule as shown in the table below:
233
Table 3:
S.No Recruitment Process Steps Approximate time range for each step 1 Development of Recruitment Profile 48 hours
2 Search 7-10 Business days
3 Background evaluations 7 Business days
4 Interviews 3 Business days
5 Selection 3 Business days
The timelines are tentative and can change accordingly
Current Engagements of Netsynk:
* Currently we are working with the VMS (Vendor Management Service) Tool with different clients in the Technology, Engineering, Manufacturing and Government conducting independent hiring. * Netsynk has a dedicated team of recruiters that give 100% commitment to their client requirements. If awarded by the City of Los Banos our recruitment team will give a full commitment to the client by working on all their requirements.
C. Firm's Approach towards Unsuccessful Recruitments/ Premature Dismissal/ Candidate Resignation
234
If a candidate resigns from the job position of the City of Los Banos or is otherwise terminated for any reason except layoff, reduction in staff, reorganization, or transfer of ownership of the company, within the first 6 months of employment, the Vendor will replace the candidate at no additional cost to the Client. If for some reason the Vendor is not able to find a replacement, then the Vendor shall reimburse the City of Los Banos 50% of the fees that would have been earned for the remainder of the 12-month period. This refund shall not apply if the candidate is terminated due to job elimination or reduction in force, or is unable to work due to disability, injury, or death.
D. Cost Proposal
235
Payment Terms of Netsynk
In the event that Vendor is engaged to search for candidates for executive level positions, the Client agrees to pay Vendor a placement fee equaLto twenty percent (20%) of the hired candidate's base salacy for his or he 2 months of employment with the Company, if and only if the candidate is hired and becomes employed by the Company within one calendar year (12 months) of the referral date.
For purposes of calculating the fees described in the above paragraph, "base salary" shall not include bonuses, stock options, profit distributions, payments into any profit-sharing plan, expense reimbursements, or other employment benefits. Such compensation shall be the sole compensation due to the Vendor. All direct out-of-pocket expenses relating to this engagement incurred by Vendor are the direct responsibility of Vendor and will not be billed back to Company, other than those pre-approved, pre-paid, or reimbursed expenses incurred by and directly paid to potential candidates selected by the Company for an interview or hire.
Placement fees owed shall be paid by the Company within forty- five (45) days of the candidate(s) commencement of employment.
The table below lists the rates for all the job requirements as desired by the City of Los Banos:
S.No Job Title Pay Rates (U.S.D)
I. Public Works Director/City Engineer $99,600
2. Assistant Public Works Director $171,172
3. Public Works Operations Manager $100,800- $129,600
236
BLANCESOFT
LanceSoft Response
To
City of Los Banos
For
Public Works Director/City Engineer,
Assistant Public Works Director,
And
Public Works Operations Manager
Recruitment Services
September 27, 2023
Submitted by:
- LANC!E.SOFT
LanceSoft, Inc.
2121 Cooperative Way, Suite 130, Herndon,
VA 20171
Phone: 703-674-4500
Fax:703-889-6500
Point of Contact: Prashant Arni
Phone: 703-674-4565, 703-725-9546
E-mail: [email protected]
www.LanceSoft.com
CAGE Code: 4AUM9
DUNS: 154610971
TIN: 54- 1974095
Business Size: Minority Owned Business Enterprise
(MBE) All rights reserved © 2023 LanceSoft. Inc.
LC>s Banos
237
Ill LANCESOFT IJ5sBanos
Table of Contents
A. COVER LETTER ........................................................................................................................................... 3 B. BACKGROUND INFORMATION ................................................................................................................... 4
1. OUR EXPERIENCE WITH SIMILAR RECRUITMENTS INCLUDING SEARCHES AND PLACEMENTS .. ........ .................. .... .. ............... .. 5
2. A BRIEF RESUME OF THE INDIVIDUALS ASSIGNED TO THIS PROJECT ...... ........................................................................... 8
3. CONTACT INFORMATION FOR REFERENCES .... .... ... .. ..... ............... ... ....... .. .. ... ................ ....... ... ... ................................. 14
4. SAMPLE WORK PRODUCTS ... ....... ... .... ............ .. ... .. .. .......................... .......................... ............... ........ ................... 15 C. OUR PROPOSED SCHEDULE FOR RECRUITMENT PROCESS ....................................................................... 24 D. THE FIRM'S APPROACH TOWARD EITHER UNSUCCESSFUL RECRUITMENTS OR THE PREMATURE DISMISSAL OR RESIGNATION OF THE SELECTED CANDIDATE ................................................................................................... 36 E. COST PROPOSAL FOR THE CITY OF LOS BANOS ........................................................................................ 42
1. DETERMINING ANNUAL SALARY .... .... ..... ............. ........ ... ..... .. .. ... ......... ........ ..... ... .... ...... .. .. .. ... ...... ...... .. .... .......... .. ... 42
2. REIMBURSEMENTS ... ............ ....... .... ...... .. .. ... ..... ........ ....................... .... .......... ... ....... ...... ........ .... ........ ................ .. 42
3. PAYMENTTERMS .. ................. ... .......................... .... ...................... ............................ ... ................. .. ..................... 42 21 Page
238
IIILANCESOFT ~
1 • r:crs Banos
A. COVER LITTER
Ill LANCESOFT
2121 Cooperative way I Suite 130 I Herndon I VA 20171 I 703-674-450(5°Phone !7O3-889-653(:fFax 27-Sep-23
Subject: Response to City of Los Banos RFP Public Works Director/City Engineer, Assistant Public Works Director, And Public Works Operations Manager Recruitment Services.
Dear Lucy Mallonee,
City Clerk/Human Resources Director,
LanceSoft Inc. is pleased to submit its proposal through our response to City of Los Banos RFP Public Works Director/City Engineer, Assistant Public Works Director, And Public Works Operations Manager Recruitment Services.
Our offer, in response to the above solicitation, is 100 percent compliant with all requirements and in many cases, we exceed the requirements to provide the City of Los Banos with a high-value solution to the requirement.
Established in 2000, LanceSoft is a privately-owned S corporation, headquartered at 2121 Cooperative Way, Suite 130, Herndon, VA. LanceSoft has about 23 years of experience in providing IT recruitment Solutions to a diverse base of clients across various domains and geographies. LanceSoft is keen to engage with City of Los Banos and enter a long-term strategic Recruitment partnership for City of Los Banos Recruitment Services. LanceSoft will demonstrate to City of Los Banos through this proposal, the Recruitment approach, governance, and process optimization that it can bring to help create a resilient and scalable service delivery for City of Los Banos.
I, the undersigned, Prashant Arni, Sr. VP-Delivery and Operations of LanceSoft. I am authorized to sign the enclosed offer and will be the designated representative for purposes of this RFP and an authorized negotiator for a contract resulting from this offer. You may reach me at 703-674-4565 phone, 703-935- 0339 fax, or via e-mail at [email protected]
Respectfully
,~~~
Sr. VP-Delivery and Operations,
LanceSoft, Inc.
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BLANCESOFT ~ IJ5's Banos
8. BACKGROUND INFORMATION
Established in 2000, LanceSoft is a privately-owned S corporation, headquartered at 2121 Cooperative Way, Suite 130, Herndon, VA. With 25 support offices throughout US, four (4) country offices in Canada, five (5) in India and one each in UK, Mexico, Malaysia, Hongkong, Singapore, UAE, Ireland, Australia, Bangladesh, LanceSoft has over 23 years of experience in providing Information Technology Professionals to a diverse base of clients across various domains and geographies.
With 4,200+ contractors globally and over $402 Million of annual revenue, LanceSoft offers IT Recruitment workforce services to various clients across diverse industries such as Accounting and Administrative, Clerical, Legal, Information Technology, Finance, Banking, Healthcare, Pharma, Clinical, Engineering, Education, Automotive, Utility, Aerospace, Energy, Oil & Gas, Big Data, Creative, Cybersecurity, Semiconductor, telecom, Life Science, Human Services and many more.
OUR MISSION: ''To relentlessly focus on balancing cost, time and quality - leveraging our experience, nurturing creativity, driven by ethics in a challenging and highly competitive area of talent acquisition and delivering the best fit talent to our clients."
With proven processes, methodologies and best practices, our core objective is to successfully meet and exceed our customer needs by providing top quality services in a cost-effective and timely manner.
OUR VISION: To be a globally respected and highly successful organization consistently adding value to its customers, employees, and partners.
OWNERSHIP: LanceSoft is privately owned S corporation.
OUR COMPANY SIZE: We have a total recruiting strength of about 1100+ recruiters and 4200+ Contractors across the globe.
LOCATIONS
USA FOOTPRINT: Headquartered in Herndon, VA, we have a network of twenty-five (25) branch offices across the US in Fremont (CA), San Diego (CA), Richmond (VA), Atlanta (GA), Chicago (IL), Clarkston (Ml), Beaverton (OR), Irving (TX), Salt Lake City (UT), Seattle (WA), Birmingham (AL), Denver (CO), Orlando {FL), Charlotte {NC), Columbia (SC), Cincinnati (OH), Indianapolis (IN), Lexington (KY), Bloomington {MN), New York {NY), Philadelphia {PA), Boston {MA), Sugar Land {TX).
In addition to this, LanceSoft can also quickly set up an additional office at any preferred location to be able to manage their large volume of requirements for that location.
GLOBAL FOOTPRINT: We also have an international footprint with Three (3) country offices in Canada, five (5) in India and one each in UK, Germany, France, China, Canada, Malaysia, Netherlands, Poland, Romania, Ireland, Turkey, Bulgaria, Norway, UAE, Nepal, Bangladesh, Thailand, Vietnam, Malaysia, Singapore, Indonesia, Philippines, Australia, Brunei, Czech Republic, and Ethiopia As a part of our global service delivery model, LanceSoft will have a National Account Manager, providing oversight and strategic direction, along with local account managers within City of Los Banos's key locations, supported by local delivery/recruitment leads and local HAMG resources, responsible for Candidate Care, to handle all the specific client relationships, invoicing, reporting and administrative requirements. Our Account Management Team consists of a National Account Manager, Local Account 41Page
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1111 LANCESOFT -~ Lo's Banos
Managers, Legal & Contracts, On-Boarding, Employee Engagement & HAMG Team, Recruitment Manager and Employee Care Manager.
1. Our Experience with Similar Recruitments Including Searches and Placements Our strong industry experience and attributing a major share of its Recruitment revenue to the Information Technology Professionals industry makes LanceSoft fully equipped to Los Banos's Requirements. We have Specialized Recruiting Teams for Our Clients with Information Technology Professionals requirements that have the combined creative, technical, business and domain experience in the domain and hence are highly capable of screening the best-fit candidates for any GENERIC/HARD TO FIND SKILLSET-SPECIFIC positions. LanceSoft has a dedicated proactive recruiting team that maintains our ever-growing contractor network of qualified, highly skilled profiles with specific domain knowledge and at the same time being in line with the current market trend. Our significant Recruitment methodology, sourcing strategies and past performance in providing Information Technology Professionals services demonstrates our strong experience that can be tailored to meet Los Banos requirements.
LanceSoft has a dedicated Strategic and Tactical Planning team that helps us with all new client initiatives, including service delivery after the start of the contract. One of their core functions is to map Los Banos's requirements by geography, labor category, skill level culture and business fits. This team helps the recruiting and sourcing teams with pipelining the right candidates.
Our home-grown product CPX helps in maintaining a huge database of prequalified candidates and pipelining 20-30 candidates on a daily basis. This process accentuates our performance and helps in a quick turnaround time. The database has over 2S million profiles segregated as per the location, skill set, domain, and experience level out of which 1 Mill ion match the profiles as needed by Los Banos.
We have a total recruiting strength of about 1100 recruiters and 4,200+ contractors. We have available key personnel with a combined minimum workforce that can meet the requirements of the Los Banos.
LanceSoft has the requisite experience, marketplace knowledge, and clear understanding of Los Banos to provide Information Technology Professionals. LanceSoft has mastered a wide array of technologies and has successfully used them to develop state-of-the-art solutions for our clients.
BBB ACCREDITATION: LanceSoft has been accredited by the Better Business Bureau (BBB). BBB accreditation is a renowned certification in the industry, and this will showcase LanceSoft standing behind BBB values as well as our own.
BBB Rating & A c cre dita tion
Accredhed Since: 4 6 .2021
er-. ln Busin•ss: 21
LanceSoft has established itself as one of the most sophisticated firms in the IT recruitment Industry. As a 'Vendor of Choice' for several clients, LanceSoft has profound experience in providing premier consultants with expertise in IT, Networking, IT Infrastructure and Quality Control.
Below are some of our experiences in IT industry for past years with various temporary and permanent Recruitment services provided/being provided by LanceSoft including but not limited to following:
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Ill LANCESOFT Los Banos
-------
Name of the Client ~
the Services Rendered
Services ~
Performed
City of Clermont
City of Phoenix
State Of North
Carolina
State Of Arizona
----
12+years
4+ years
3+ Years
5+ Years
IT Recruitment
Services
IT Recruitment
Support
Services
IT Recruitment
Services
IT Temporary
Recruitment
Services
We have provided the candidates to
City of Clermont for the positions
including, but not limited to IT
Programmer, Database
Administrator, Data Computing
Expert, IT Infrastructure Expert,
Mobile Developer, UI/UX
Developer, Designer, Disaster
Recovery Specialist, System Analyst,
Business Intelligence Developer,
Data Expert, Project Managers,
Business Analyst and Many more.
We have provided the candidates to
City of Phoenix for the positions
including, but not limited to IT
Application Analyst, Application
Architect, Interface Analyst, Testing
Lead, Business Intelligence Report
Developer, Business Intelligence
Application Administrator, SQL
Developer, Database Administrator,
Data / Business Intelligence
Architect, SQL Developer, Business
Analyst and many more.
We have provided the candidates to
State Of North Carolina for the
positions including, but not limited
to IT Programmer, Database
Administrator, Mobile Developer,
UI/UX Developer, Designer, Disaster
Recovery Specialist, System Analyst,
Business Intelligence Developer,
Data Expert, Project Managers,
Business Analyst, IT Infrastructure
Specialist and Many more.
We have provided the candidates to
State Of Arizona for the positions
including, but not limited to
Software Specialist, Senior Principal
Quality Engineer, Project Manager,
Data Specialist, Business Analyst
(Professional), Project Coordinator,
Test Engineer, Senior Manager61Page
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-LANCESOFT
City of Clermont 10+ Years
City of Dearborn 1+ Years
State of Oregon 5+ Years
,,:J· tcis Banos
IT Contingent
Workforce
Services
IT Recruitment
Services
Statewide IT
Recruitment
Services
Project Management, Project
Scheduler, Project manager,
Programmer /Analyst, Applications
Development, Project Manager,
Business Analyst, Project Analyst,
Programmer, and many more.
We have provided the candidates to
City of Clermont for the positions
including, but not limited to IT
Application Expert, IT Infrastructure
Expert, Database Administrator,
Data I Business Intelligence
Architect, SQL Developer, Data
Expert, Project Managers, Business
Analyst and Many more. Business
Analyst and many more.
We have provided the candidates to
City of Dearborn for the positions
including, but not limited to IT
Programmer, Database
Administrator, Data Computing
Expert, IT Infrastructure Expert,
Mobile Developer, UI/UX
Developer, Designer, Disaster
Recovery Specialist, System Analyst,
Business Intelligence Developer and
many more.
We have provided the candidates to
the State of Oregon for the
positions including, but not limited
to Application developer II, Senior
Application Developer, Business
Analyst, Application Technical
Specialist 2, Project Manager,
Senior Business Analyst.
Programmer / Analyst, Project
Manager, Senior Project Manager
Ill, Project Manager-II, and many
more
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11111 LANC'ESOFT .,, Los Banos
2. A Brief Resume of The Individuals Assigned to This Project
OUR ORGANIZATIONAL STRUCTURE
LanceSoft is a privately-owned S corporation with no parent company. LanceSoft's ownership structure comprises of sagacious industry experts bringing in their extensive experience accentuating our performance and operations. LanceSoft is run by its Chairman & CEO; with the Chief Financial Officer (CFO), Vice President (VP)-Strategic Client Relations and VP-Enterprise Service Delivery reporting directly to the CEO.
# i Name Title Experience
1 2
3 4.
Prashant Arni
Khanh To
Ruchi Jain
Monika Skoogman
~ - ~ - -- -
VP-Strategic Client Relations
Recruitment Director
Employee Care Manager
Account Executive
24+ years of Account, Contract & Project
Manage!Tient . _
20+ years of account management
20+ years of employee care management
10+ years of experience in account
management
Account Manage r Prashant Arni
- - Phone
Email
Qualification
Total Exper\ence
Experience with LanceSoft
1- PRASHANT ARNI- SR. VP DELIVERY & OPERATIONS
703- 674-4565
[email protected]
Master of Science, International Business,
New Hampshire College
24+ Years
14 Years
LanceSoft proposes Prashant Arni as the Account Manager, who will be dedicated to overseeing the entire engagement of the Los Banos Staffing Requirements.
Experience:
1. lanceSoft Inc
Sr. VP, Delivery and Operations
June 06 to Present
2. Infinite
Sr. Account Manager
May 01 to May 06
3. Cambridge Systems Inc.
Prime Account Manager
Aug '99- to April 01
4. VLS Systems Inc
Resource Manager
Mar '99 - Aug '99
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BILANCESOFT :, :Los Banos
5. New Hampshire College
Graduate Assistant in the Dean's office at The New Hampshire College, Manchester Mar '98 to Dec'98
6. Reed Elsevier Inc.
Management Trainee/Client Servicing
April '97 to Feb '98
Responsibilities:
" Key person for managing contract signed with the Los Banos and interacting with the Los Banos Project Manager.
" Ensuring & tracking the Los Banos requirements.
'9 Quarterly meetings with Los Banos to monitor LanceSoft contract performance. '9 Weekly meeting with Back Office Staffing Operation & Employee Care Team to give update on LanceSoft performance & upcoming activities under contract. '9 Effective Resource Management - Ensuring alignment of processes and practices with technology to ensure that all resources are adequately and accurately utilized to provide integrated and error-free services to Los Banos.
'9 Coordinating with the Los Banos Hiring Managers on a regular basis to gather their feedback/suggestions/complaints/issues, staffing requirements, etc. '9 Working closely with the Delivery Managers to identify and select suitable candidates to meet and exceed Los Banos requirements.
'9 Closely work with the On boarding Team to ensure smooth on boarding of the new hires for Los Banos. '9 Closely coordinate with the new hires during client orientation and walk-through program '9 Coordinating with LanceSoft's Finance and HR to ensure timely invoicing, receipts, and compliance to all onboarding contractual requirements.
" Working closely with the Legal and Contracts Management Team ensuring 100% compliance with Los Banos contracts.
'9 Ensuring that Monthly Compliance Reports are being submitted in time to Los Banos and sending weekly dashboard reports to Executive Management.
Core Competencies:
'9 Vast experience in initiating, planning, executing, monitoring, and controlling, closing, maintaining, and supporting staffing contracts/ projects.
,II Stay in contact with the clients and the consultants on the project to proactively evaluate the project needs and staffing needs for the scheduled completion of the assignment. '9 Maintain an extensive database of qualified technical professionals with a wide range of experience in order to meet the client's project needs at very short notice. '9 Responsible for the needs of the consultants and full-time employees in terms of training, orientation, presentations etc.
" Involved in the day-to-day administrative activities and actively took part in the strategic planning process, thereby contributing towards the extensive growth of the company. " Expertise includes Sales, Marketing, Account Management, Delivery, Consulting and Business. " Development focused on revenue and profit drivers 23 plus years of experience in Strategic Sales & Marketing, General Management, P&L management, Business Development, Recruiting, Mentoring, Training & Retention, Sales Force Development, Corporate. 91 Page
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-LANCESOFT Los Banos
" Substantial experience ln designing, implementing, and managing full-scale sales and marketing plan geared to clients.
" Good understanding of negotiating, maintaining and successful completion of various staffing contract.
Excellent presentation and intangible selling skills.
" Well-developed leadership planning and execution skills with the ability to motivate and lead others in the pursuit of corporate goals and objectives.
" Generate revenue consistent with company sales goals and objectives.
Skills:
" Excellent leadership Skills
" Ability to bring out the best in underperforming teams. " Excellent personality and interpersonal skills
" Strong written and verbal communications and presentation skills " The ability to establish relationships and generate business opportunities. " A demonstrated ability to maintain and grow client relationships and sell solutions. " A familiarity with technology and industry trends in e-Business and Web solutions " Excellent organizational skills
" Self-motivated with a strong desire to succeed.
" The ability to keep up in a very fast paced environment. " Enjoys working in diverse teams.
Qualification/Specialization:
" Master of Science, International Business, New Hampshire College, USA, Dec 1998. " Master of Business Administration, Marketing, Institute for Technology and Management, India, March 1997
Certifications:
" Certified Project Management Professional (PMP)
" PMI Scheduling Professional
2 -KHANH-RECRUITMENT MANAGER
Khanh is a highly skilled Recruitment Manager with over 20 years of excellent experience in recruiting management and specializations include employee selection and recruitment.
Experience:
1. LanceSoft
Recruitment Manager
Jun 2013- Till Date
2. Novalink Solutions LLC
Senior Recruiter
Feb 2012- May 2013
3. Covendis
Recruiter
June 2007- Jan 2012
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1111 LANCESOFT
Qualifications//Specializations:
,S Bachelor of Business Administration from Georgia State University " Computer & Information Sciences from Georgia State University Certifications:
'9 Certified Professional in Learning and Performance (CPLP) '9 Professional in Human Resources (PHR)
Responsibilities:
'9 Key person for managing staffing of Los Banos requisitions. " Ensuring and tracking the staffing requirements of the Los Banos. tc5sBanos
,. Setting up milestone of each activity to complete the Los Banos submittals within 1-2 days. '9 Training and skill enhancement to existing and new recruiters on Los Banos staffing requirements. " Arranging and managing interview schedule between Los Banos and consultant. '9 Preparing job description for posting on the job sites & sending to LanceSoft Contractors. " Managing the complete recruitment cycle.
'9 Monitors the labor legislation and implements required changes to keep the process compliant.
Core Competencies
" Expert in recruitment process and resource management, sourcing strategies, recruitment process improvement and up gradation and compliance management. " Proficient working on Information technology, Telecommunications, Wireless categories. '9 Team building and Management.
'9 Expert in in-house recruitment & placing candidates on the bench with different skill sets. " Experience in handling client hiring managers and discussing the requirements with the team and the sourcing needs of them and fulfilling them.
'9 Expert in recruitment at times using Job Diva, Dice and Monster and other job portals. '9 Experience in managing the entire recruiting process starting with identifying the requirement, posting positions on internet/ intranet, job boards, etc., sourcing resumes, finding, and screening candidates to extending the offers and closing the positions successfully. " Handling entire resource operation fulfillment functions for Global Delivery Center. 3 -RUCHI JAIN- HR DIRECTOR & EMPLOYEE CARE MANAGER
Ruchi Jain is an accomplished, result-driven Human Resource Executive with over 20 years of experience focused on staffing.
Responsibilities:
" Responsible for LanceSoft employee care, a unique role which resulted in long retention of our consultants.
" Manage consultants at the Los Banos sites.
" Key person to keep consultants motivated and up to date. '9 Take care of consultant's requests/ issues and resolve all the requests. '9 Works closely with Contract Administrator and Account Executive to follow the progress of project. '9 Ensure consultants are up to date with the latest work techniques and get those required trainings. '9 Create training requests for the staff.
" Prepares employees for assignments by establishing and conducting orientation and training programs. '9 Conducting and analyzing exit interviews; and recommending changes. 11IPage
247
Ill LANCESOFT to'sBanos
Core Competencies
" Extensive experience in healthcare staff augmentation and recruiting in various domain, placed candidates for both temporary and permanent positions in many Healthcare Clients. " Expertise in the areas of resourcing, head hunting, internet research, rate negotiation, technical support, and establishing processes. Involved in every stage of the recruitment process. " Self-motivated team player with excellent communication and organizational skills, with exceptionally good abilities to rapidly learn new concepts together with excellent interpersonal skills. " Managed both offshore and on shore recruiting team.
" Strong working knowledge of Boolean Searches in targeting the right candidates. " Use of community & user groups like linkedin.com, groups.yahoo.com, groups.google.com, raigslist.org.
" Succeeded and specialized expert in locating those rare, hard-to-find candidates. " Recruited consultants for various client-industries such as: Healthcare, Pharmacy, Insurance & Financial, Information Technology etc.
" Expert level knowledge and working experience in Vendor Management Systems for tracking candidate submissions (IQ Navigator, People click, Maestro, Fieldglass/ lnsite). ,S Expert level Knowledge of 1099, W2, Corp-Corp and per diem. " Expert level Knowledge of Customer Relation Management, invoicing, timesheet-tracking and payment to consultants, rate negotiations, contract writing and negotiations. " Top-notch consultant with a strong work ethic, excellent interpersonal skills, and Communication skills.
Skills:
" Excellent Communication Skills
" Problem solving & Negotiation.
" Strong Interpersonal & Analytical skills
" Decision-making
" Excellent Time Management
" Strategic Thinking
Qualifications/Specializations:
" Master of Science, Human Resource Management/personnel Administration & General, Devry University.
Certifications/Memberships:
" SHRM Certified Professional (SHRM-CP)
" Senior Professional in Human Resources (SPHR)
4 -MONICA SKOOGMAN-ACCOUNT EXECUTIVE:
Monica is an innovative Account Executive with over 15 years of enriched experience in strategic planning, Client Relationships & Account Management.
Responsibilities:
,S Working with recruitment manager to ensure the quality of candidates' Selection process. " Coordinating consultant interviews with Los Banos.
" Attend the Monthly meetings with Los Banos Management. " Resolving difficult situations with LanceSoft Staff working on Los Banos projects. 12 IP age
248
IIILANCESOFT LO'sBanos
" From time to time, meeting with onsite consultants.
" Assist Account manager in all project-related activities. " To ensure your business needs are met at all levels, she will advise on service enhancements and be responsible for maintaining service continuity and ensuring service commitments. " Identifies and helps resolve schedule, budget, and project communication challenges.
Core Competencies:
"
"
"
"
"
"
" " "
" "
Skills:
" " " " "
Extensive experience in negotiating prices, terms and conditions and administration of contracts from award through contract close-out.
Execute complete programs with content from subject-matter experts, including collateral, field engagement tools, detailed competitive analysis, press and PR engagement, sales training, lead generation, success stories, and event marketing.
Extensive expertise in talent change management, compensation policy, training, and employee/labor relations.
Understand the requirements of the qualified accounts/opportunities/clients and provide a unique value proposition addressing the opportunity, present the same to the decision-makers in the account, and negotiate and firm up the contract.
Vast experience in managing complex business situations and developing distributed enterprise solutions involving multiple disparate technology platforms.
Excellent experience initiating, planning, executing, monitoring, controlling, closing, maintaining, and supporting staffing contracts/ projects.
Well-developed leadership planning and execution skills with the ability to motivate and lead others in pursuing corporate goals and objectives.
Well, understanding of commercial contracts and handling contract negotiations successfully.
Accomplished contract negotiations, closing, and service skills at the highest executive levels.
Ongoing account management, prospecting/ business development techniques and persuasive selling strategies.
Work with the project team and stakeholders on risk analysis and mitigation strategies.
Proactively communicate with other internal & External teams and subject matter experts to properly execute the project.
Strong Interpersonal & Analytical skills
Problem solving & Negotiation
Decision-making
Excellent Presentation Skills
Excellent Communication Skills
Qualifications/Specialization:
" Associate of Arts (AA), General Studies-Normandale Community College Certifications:
'9 Project Management Certifications (PMP)
" Certified Key Account Executive
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BLANCESOFT
3. Contact Information for References
Reference 1
Name of the Customer Company CVS Health/Aetna
Scope of Work Staffing Services
Client's Address 151 Farmington Avenue, Hartford, CT 06156 Point of Contact Dorothy Holmes
Contact number 480-213-5489
Email Id [email protected]
Reference 2
Name of the Customer Company Qualcomm
Scope of Work IT Contingent Staffing Services
Client's Address 5775 Morehouse Drive San Diego, CA 92121 Point of Contact Jeanine Knoll
Contact number 858-845-5941
Email Id c [email protected]
Reference 3
Name of the Customer Company Agile one/BMS - Bristol Myers Squibb Scope of Work Staffing Services
Client's Address 430 E. 29th Street, 14th Floor, New York, NY 10016.
Point of Contact Michelle Gibbons
Contact number 407-718-0273
Email Id [email protected]
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250
-LANCESOFT tci'sBanos
4. Sample Work Products
Reports
We have a long-standing commitment to quality, both in our service offerings and in our method of doing business. Over the last several years, LanceSoft has consistently ranked amongst the top staffing companies according to lnavero's (Cleary Rated) Best of Staffing - Client Satisfaction. The key to achieving our quality goals is in fostering long-term relationships with our clients and talent, and in using their feedback to continually improve our service. Many of our clients have come to trust LanceSoft and know that they will receive the optimal talent match, service levels and pricing to stay competitive.
Recognizing that total customer satisfaction is critical to our mission, we monitor our performance to ensure parameters previously defined are being met. The following is an overview of the processes that will be used to measure and track our performance with The City of Los Banos:
" Generation of key performance statistics
" Regular talent performance evaluations
" Web-based quality surveys
" Regular pro-active monitoring of The City of Los Banos's service level commitments To exceed service level commitments and ensure The City of Los Banos's satisfaction, we leverage a solid continuous improvement initiative, including Monthly and/ or Quarterly Business Reviews (QBRs). A series of strategic meetings (tailored to fit the needs of The City of Los Banos) will be established to ensure service continuity, adherence to service level commitments, ongoing communication of program objectives and to identify opportunities for efficiencies. Further, these business reviews will provide us with the opportunity to share ideas and exchange feedback and allow us to accurately measure the level of The City of Los Banos's satisfaction. Our goal is to continue exceeding your expectations in all facets of the program.
In our Monthly and/ or Quarterly Business Reviews, we review the following reports " Key performance statistics report
" Talent performance evaluations report
" Web-based quality surveys report
" Trend Analysis report
" Service level commitments report
" Total Requirement coverage reports
" Interview success & failure reports
" Contractor satisfaction reports
" Candidate reports
" New Engagement reports
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251
-LANCESOFT :Cos Banos
SAMPLE REPORTS
1- Supplier Scorecard Summary
CMS Energy:: Supplier Scorecard Summa1y ::LanceSoft. Inc. (20409) Key Performance Indicators
RlSUL r
4 t: ..:' .... 3
11 2
Fills & Term by Month
Top Job Categories for Avg. Worker
Quality Scores (End of Assignment)
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252
IIIJI LANCESOFT I.J5s Banos
2- KPI Report
LANCESOFT 2019- H2 KPI REPORT
No.of ND.of ./lwg~tll Position ....,_ 5tarission 5larts "af NegadMAltritioll Numborof Issue Cilllfllfab, Joblille llequinion; FmilicHls Respondper Slllmssians ~ ~ Perllmtion. Pen:eltage (U1pfamedTumcNet) £sc!lations OriJo;ardi111: ,_,,, ratl! ll\rioljme Oil & Gas- rr Positions 125 150 3 171 14l 28 95'6 114 19.7296 2!1i 0 4n....
ITl'aiitiolls 1458 2400 3 19U 2210 4liO 92!,1 0.80 20.81!1 21' 0 411iM Serioor!MI Olfidals&_,_,. 78 90 3 t25 80 18 89!1i 1.39 22.SaJI 3!1i 0 4°"fi MicMM!clli<ials&--.. w 125 3 141 m 25 90ll U3 22.12K 1" 0 41M P~ls 14S 310 3 203 345 74 93" 0.55 21.4511, 3!6 0 4Davs I~ l49 651 3 502 587 122 !1)11! o.n 20.78'! m 0 4n.,,,
Clerical & MminimliYI! 650 1345 3 924 1120 230 1131& 0.&9 20.54'l! 3lli 0 4DIM Sales&Matun l'nlfmonals 1fi0 ~a, 3 252 345 65 89!6 0.65 18.~ !!Ii 0 4IBI< Ill.man Reswrm l9(I 435. 3 351 391 78 'll».i 0.81 19.5591i l!li 0 40ay• blxln!rsand- 453 545 3 5!l0 465 89 859,1 1.118 19.14!! 311 0 40M No. al .Rlmistions ND. d ~ ID ""1idl \.ana6dt Im been ldel1lified No. of Poiilions No. of l'oistionsoo D<lffilll!I IIIWhid! l.lncesoftwas invited 1'11,man- No.af Pl,o;ilionsool'ostin!s10\\dlid!l.anmsaftltas....i..dwithsubmissions S..,mruions No.of!iiibmission>oo~ -....mMml.lnmS~-~
Starts No.o1siansrAmml!i!Bids)n!la1il!d1etmow:icns1Dv.llichLimllolt-induded R-Rate Position Responses/Positns
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Client - Onboarding Docs
LanceSoft - CPX Development
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171 Page
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BLANCESOFT Los Banos
4- Sample - Background Check
Background Check
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6- Sample Onboarding
LanceSoft uses state of the art CPX system to handle all employee onboardings. This award-winning patented workflow platform integrates with various VMS systems. It is a cloud enabled, Al based platform that uses the latest NLP (Natural Language Processing} and Robotics process automation. It automates the entire HR, On boarding/ Offboarding, Timesheet/ Billing, Finance operations onto one single point of view.
When a candidate is selected after the interview, an onboarding specialist from a client dedicated support team contacts the employee and welcomes them to LanceSoft. This specialist walks the candidate through the entire onboarding process, including background check, client onboarding documents, LanceSoft on boarding documents and any additional steps required based on the client needs.
The candidate then receives a welcome email from CPX, with a secure link and password to complete the onboarding process. This email is customizable based on client requirements.
Welcome to LanceSoft Inc Onboarding
• CPX ADMIN
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we would like to congratulate yoo on your offer with our dlent, Lance-soft Inc. we wish to extend a warm welcome to you from the Lancesoft Inc family. We are delighted to have you begin the onboardlng process. we have made the process as simple as possible using our Onboarding Software.
We will be sending a separate em all with the Bad-ground check consent form, if applicable. Please click the email link below to start your onboarding process. The User ID and Password are provided below the link.
Click here to start the onboarding process: https://ep.aaetix.net/lancesnft/acoount{login User 10 : ruchij4@1arla!§Oft.oom
Password: 5f9338
{You will be asked to reset your password ofter your first log In) If vcu have any questions during the onboa,ding process, please reach out to us at onboarditMCDtancesoft.com, Thanks,
Umccsoft Inc onboardlns Department
Phone: 703 674-4505
P Type here to search
Once the candidate enters the secured site, the system walks them through collecting personal information, ensuring 1-9 compliance, providing handbook, offer letter, employment agreement, state specific notices, payroll schedule, benefit options {health, dental, vision, 401k, life, and AD&D}, W4 and state tax forms, direct deposit information etc.
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• CPX • !.ilnteSolt: 11\C X • ::(PX:: Employee Penal • B«lefilJ X + C i ep.acrtitix.net,llancesofVOnboarding/Step18
::• App, • CPX m ADP ~ http,V/ewiillet.adp.... 0 Heritage Dimt Onli .. , @ Wagepoint • L(lgin 11!:1 https://onlinudp,c... 0 FLW11taCtn~r.com El Grade 3 Rei,.ding .... , La nceSoft Inc.,
• Soei.J Secur,ty Number
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• Summary
Wo:kome Rm.111 J,1111 I ~~I_I_ Off
ct Benefits
Instructions
LanceSoft offers an excellent hitn~fits package to full-time employeei, who are scheduled to work 30 hours or more each week. We ofter a wide variety of benefits ranging from group sponsored plan, to voluntary benefits. We- alw offer diffe-rent options and levels of coverage giving employees the opportunity to purchase the benefits that work for them. Aff of the heatth lnwranu benefits e1re effective on the first of the month following 30 d11ys of empk,yment. This document contains a brief summary of hu/th dental vision and AD&O banefit options avail.ible to Lanc6oft employees.
Pleu e find documents below for referenc:e
l , Hcoltb 1mr - Psotn! c11r<: - Yltion c;ri; - Life 1,od AQ&Q ftt:NEFIT NOTE:
MAKING AN ELECTION DOES NOT GUARAITTEE ENROLLMEttT. ADMINISTRATOR RESERVES Tl-IE FINAL RIGI-IT TO REVIEW AND ACCEPT OR oeNY APPLICATION SASEO ON EUGlBILITY. IF YOU ARE FOUND INELIGIBLE, YO"J WILL BE CONTACTED BY OUR BENEFITS TEAM, Heal th Insurance for t he p111r;od 06/Dl / 2O2O to 05/ 31/2021 1/1/'JQ1.{)
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P Type hC?f'e to sean:h 0 ' J i'!'I T •• 0 , .. • , •, I;'. ~ - --- The above list can be customized, and any client specific on boarding document can be added to the above list.
The background check is initiated in parallel with a third-party agency. We partner with most of the background check agencies in the country and if a client has a specific agency they prefer, we utilize them.
Once the candidate has completed all required onboarding steps and background checks are completed, the candidate is provided with start and timesheet instructions. The dedicated onboarding specialist works closely with the candidate to assist them in completing the process and answer any questions they have. 7- Offboarding Sample
Off- Boarding Formalities:
Triggers either through employee's e-mail {Resignation) or VMOC's notification, or if other internal teams like recruitment, timesheet etc. confirms the information.
Termination Scenario's:
" Client Termination
" Resignation
" Email sent by Internal Team's
" Employee converted to FTE (Full Time Employment)
Termination Process based on the Scenario's:
Termination process for after shift requests (including PST time zone terminations):
In situations where the client asks to inform the employee of assignment end after the shift end timings:
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'9 Attempt to reach the candidate one hour after the time of shift end " Confirm that the employee has left the client premises if they haven't asked them to call you back once they leave and emphasize its importance.
'9 Speak to the employee AFTER they have confirmed their exit from client premises. " If unable to reach the employee via phone, one hour after the shift end time, leave a voicemail and email asking for an urgent call back.
" Try reaching again after another 30 minutes.
" If the employee doesn't return a call or respond to email after one hour of leaving VM ( at least 2 hours from the shift end time), at that point leave voicemail of assignment end and the assignment end notification email followed by text message.
" Notify VMOC proactively of not able to reach the employee and had to inform of assignment end via email/voicemail.
Client Termination
" Follow instructions as per client's notification (if the employee is terminated due to several reasons like performance issues, behavioural concerns, tardiness issues, attendance issues or misconduct) " Empathize the employee (if they are terminated as per client's notification) " Confirm employee's LWD and belonging's part (whether the employee may have left any personal belongings at the worksite and, if they possess any client belongings like ID badge, Key FOB, laptop etc. '9 Ask the employee to further wait for HR's confirmation to confirm how the belongings exchange process ought to be completed (information is checked with the client) " Acknowledge the employee about their final paycheck date, inform them about sharing a formal separation notice with them, and assisting them in getting their pending timecards submitted (if necessary).
" Follow-ups on Belongings Exchange process with the client and communicating the information with the employee accordingly.
Resignation
" Contact the employee and check with them if the employee has resigned from the position (due to personal reasons or better job offer elsewhere).
'9 We try to convince the employee to revoke their decision to maintain employee's tenuity.
Email sent by Internal Team
" Contact the employee and check with them whether they have been laid off (in case of project end), or if the assignment has ended.
" Request the employee to share his/her most updated resume to again market the profile to find a suitable jo opportunity. Sharing the updated Resumes internally with all the Tls.
Employee converted to FTE (Full Time Employment)
" Congratulating the employee on converting to Full Time Employment with the client. " Confirming the last working date as the LanceSoft employee, followed by the full-time employment date.
" Also confirming the name of the Manger/Supervisor who confirmed the employee about his/her Full Time Employment with the client.
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Request the employee to share his/her most updated resume for our database and share it with Internal teams.
Final Paycheck:
Before calling the employee, check state where the employee is working The law for the final paycheck varies from state to state in respect to different termination scenarios. We need check in the below URL before calling the employee. https://www.employmentlawhandbook.com/ state-employment-and-labor-laws/ This confirms paycheck scenario if it's an IMMEDIATE or REGULAR.
BENEFITS - INSURANCE & 401(K)
;, We also need to check if the employee is enrolled in Health or Dental Benefits. ;, Health- https://www.alliedbenefit.com/
;, Dental - https://www.deltadentalva.com/ administrators.aspx ;, We require the SSN, NAME, or the Subscriber Id to check if Employee is enrolled in benefits.
IF EMPLOYEE IS NOT RESPONSIVE TO CALLS
;, In case of immediate termination when the employee is nonresponsive, we share Urgent Assignment End Notification followed by text message.
;, Whereas if it is a project end or resignation, we share an Urgent Call back Request email followed by text message.
;, When the employee is nonresponsive for a longer period of time then we first share Urgent OffBoarding Formalities email and later Unresponsive: Notice of Termination email.
AFTER COMPLETING CALL WITH THE EMPLOYEE
;, We send an Internal email to the respective departments, followed by Termination email and a separation email to the Employee.
;, We close the employee in CPX and upload the internal email as well. ;, IF an employee has any belongings and has to be mailed then we send an email to HQ HR Generalist requesting for the label which is been shared with the employee. " Once Fed Ex label is shared, we follow up with the employee to get a confirmation if they had mailed the client's belonging or check on Fed Ex Tracking website.
NOTE: 1099 Scenario - We only share Internal and Termination email. Separation email is NOT shared with the employee.
Closing the Employee record in CPX, once everything is taken care on that particular employee. 221 Page
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,S In case of Immediate paycheck scenario, we must actively follow with the internal teams or if required take approval from higher management to get it done ASAP. " Terminating employee's benefits plans on the respective portals (both health and dental insurance portals).
,S Creating and maintaining a folder for terminated employees and saving the Internal and Termination email for our records.
,S Notify HR Generalist if there is a HAWAI termination to complete off-boarding formalities. ,S The employees may be very irate and angry and under NO circumstances should you lose your patience with the employee.
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C. OUR PROPOSED SCHEDULE FOR RECRUITMENT PROCESS
Making the match is what we do and LanceSoft aims for a superior match each time we place technology talent on assignment. We will work closely with Los Banos to gain an in-depth understanding of your staffing and partnership requirements. Rather than simply collect a "laundry list" of requirements and skills, LanceSoft asks questions that allow us to build a functional job profile, including key success milestones and attributes that allow us to match not only skills and experience, but also subtle elements such as fit with managerial style, corporate culture, etc. With this knowledge, we develop a thorough candidate profile that forms the basis of our recruitment strategy.
Our engagement process is focused on our clients and their business needs. This consultative approach, known as our Match Fit Program, details from start to finish how our staffing firm selects the perfect candidate for the City of Los Banos's organization. The Match Fit Program includes five phases, which are customized to service your account most effectively.
" Customer Analysis - We document & understand our client's business needs and determine the services that will make the staffing process more efficient and effective. " Sourcing - Our professional recruiters quickly identify the most qualified candidates using their industry knowledge and the extensive networks of our staffing firm. " Screening - At LanceSoft, we get to know each candidate beyond just their resume. We find out the skills and qualities that will achieve the perfect fit for your position. " Selection - To complete the hiring process, we ensure all forms, screening and certifications are verified before the employee starts.
" Performance Monitoring - We continually monitor our performance and the performance of our employees to make sure you are continually satisfied with our service
RECRUITING MEDIUMS
Our recruiting methods fall into several categories, as outlined in the following:
CAREERS WEBSITE: LanceSoft careers website is a central aspect of managing the recruiting processes. Our goal is to attract potential candidates to our company, build long-term relationships, assess candidate fit for open IT jobs, and finally capture and process candidate information in a structured way.
With careers Website best practices in place, we achieve a competitive edge in recruiting the mostqualified IT candidates quickly and gain financial benefits from direct and opportunity cost reductions.
These practices automate recruiting activities that have a direct impact on the cost, reach, and breadth of candidate sourcing and processing. High quality and fit of hires translate into higher productivity and better work satisfaction, consequently producing higher retention rates.
The following are the best practices for careers websites which increases our odds of recruiting the mostqualified candidates and reduces direct as well as opportunity costs. " Applicants' anonymity. Because many potential IT candidates will be employed while they search our career website for openings, privacy and confidentiality are important. We ensure that the database management, workflow rules, and recruiting processes are aligned to protect the candidates' anonymity.
" Tailor online applications. We are using pre-screening tools which will quickly separate qualified from unqualified IT candidates based on answers to questionnaires. 241 Page
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Keep track of candidate information. The candidates will create and maintain a personal profile on our careers website and attach IT job positions to their profile. The profile is then saved in our company's candidate database and accessed through an appropriate password. Our recruiters will view structured data about a candidate, including access to job-specific screening questions to easily assess fit. By tracking candidate information by job, we gather the necessary data for compliance reporting as well.
" Job seekers and employees post our open positions on Facebook. We allow our job seekers to post IT jobs on their Facebook page, we can increase the exposure of our open IT positions-and reach a larger pool of IT candidates at lower sourcing costs. In addition, we believe that the employees are one of our best sources for referrals. We encourage them to post open IT positions on their Facebook page and refer their friends.
" Enable job searches. A job search engine is a core component of our careers website. It helps job seekers find IT job openings that meet their requirements quickly and efficiently. We make sure that current IT job openings are in the searchable database also reduces the accounting burden of maintaining a manual list. The three best search criteria are Job Search by Job Category, Job Search by Location, and Job Search by Keyword.
SMART IT SOURCING
The following best practices for smart sourcing help us to find the best talent for the job while decreasing the sourcing costs and time to hire.
JOB BOARD PROCESSES: Our Recruiters have access to numerous external, national, and vertical job boards and use them only to supplement our customized recruitment mediums. This is unlike other firms who generally rely on subscription databases. A sampling of websites that we utilize regularly includes:
" Dice
" Monster
" CareerBuilder
" Twitter
" Linkedln Enterprise
" GitHub
" Stack Overflow
" Technology communities
TALENT POOL: To stay ahead of competition in our recruiting, we have moved to a pro-active recruiting model instead of a reactive one (job boards-based recruiting). LanceSoft has been able to intelligently build an extensive database of over 25 Million qualified profiles of the candidates out of which 1 Million candidate profiles that are relevant to Los Banos's requirements are authorized to work in USA. This vast database has individuals who have worked with us or have been qualified by us in the past. This pool also comprises of a large base of precleared candidates that have demonstrated working experience in a diverse project environment and are highly qualified to best suit the requirements of Los Banos. We have SPECIALIZED RECRUITING TEAMS FOR OUR CLIENTS that have the combined creative, technical, business and domain experience in the domain and hence are highly capable of screening the best-fit candidates for any GENERIC/HARD TO FIND SKILLSET-SPECIFIC positions.
SOCIAL NETWORKS: According to CareerBuilder, 54% of IT candidates are using social media to apply and to research a company's brand, culture, and reputation. Accordingly, LanceSoft continues to develop 251 Page
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innovative social media strategies to stay aligned with the ever-changing marketplace. New tools, services, and applications are revolutionizing the way we can market your jobs. Our inbound marketing strategy leverages our social media, search engine optimization, content marketing, and social listening efforts in a unified approach, increasing the effectiveness of each.
For example, our new Facebook job search application allows candidates to search our IT openings directly through Facebook on any device, receive job alerts, and share details across any of their social networks.
We have Twitter and Google+ feeds to send optimized job opening details targeting job-search oriented queries and new Twitter initiatives allowing us to target follow users openly inquiring about specific position types or availabilities. To complement this strategy, we are improving the search visibility of our local offices through optimized Google Local pages.
Further, as part of our agreement with CareerBuilder, we have access to their mobile-friendly product called Talent Network. This is a LanceSoft branded microsite that is built to house all our jobs. It allows for search engine optimization and is a great tool to allow us to network with passive candidates. Once passive candidates join our IT Talent Network they are continually notified when one of our IT postings matches their profile. This has been very beneficial in keeping us in contact with high performing talent that is not actively on the market.
LOCAL RECRUITING MEDIUMS: As a highly visible local employer we can significantly augment our recruitment efforts through partnerships with the following local organizations:
" Colleges, universities, and technical schools
" Community and networking events
" Job fairs and trade shows
" Community and professional organizations
" Volunteer organizations (e.g., Year Up)
PATENT RECRUITMENT TECHNOLOGY - TALENT COMMUNITY BUILDING (CPX): LanceSoft constantly strives and invests in improving to be the best and stay ahead in this highly competitive process of talent identification and talent acquisition. We pride ourselves on our approach such as proactive pipelining, 24/7 sourcing and recruiting; one of our key differentiators is our in-house patented CPX technology. CPX empowers our Delivery/Recruitment team to identify passive candidates and build talent communities around them.
We have dedicated specialists that manage each community and build, manage, and maintain these communities. The Innovation Initiative's objective is to keep up with Disruptive Innovations in the recruiting landscape and stay ahead of all our competitors. The Talent Community Solution reaches into various social networks and identifies potential candidates to become part of our community.
CROWD SOURING: LanceSoft has been working on a proprietary networking initiative, working on harnessing the power of the Crowd to source candidates. Currently LanceSoft's Crowd consists of over 2200 professionals including free-lance recruiters, skill specific, domain specific industry SME's who are carefully curated and engaged to ensure we have access to passive and hidden talent that can be delivered in the shortest amount of time with high success of deliverability. Our Crowd RPO / Talent community/ referrals are one of the topmost sources of candidate employment followed by our exhaustive internal database where profiles have been harvested for about 20 years, networking events and then job boards such as Linkedln, Dice, CB, Indeed and Monster.
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LanceSoft follows best-in-class business processes that add value to the client program, thereby setting a benchmark for all other organizations. By implementing these unique approaches in delivering our staffing solutions to our clients, LanceSoft is being recognized consistently as a top performer across several recruitment program.
RECRUITING STRATEGY
We will employ a comprehensive, Los Banos - specific recruitment strategy that examines the state of the local market(s), allowing us to understand its dynamics, including demographics, labor conditions, unemployment rate, and statistical workforce projections.
Based upon labor market conditions and the types of skills the Los Banos requires, we identify the highestyield target groups from which to recruit and determine an appropriate strategy to attract talent from those areas. This includes selecting appropriate sources for talent, isolating the most effective tactics to penetrate these sources, and creating an overall market approach.
Figure 1 - LanceSoft's Recruiting Strategy
PROPOSED MOBILIZATION PLAN/ IMPLEMENTATION STRATEGY
LanceSoft has clearly defined the tasks to work closely with the Los Banos and dedicate an Account Management Team (AMT) to provide undivided attention and care to Los Banos relationship. LanceSoft follows the below mentioned implementation plan for all its client engagement:
STEP 1: On contract sign-off, LanceSoft will immediately assign a dedicated Account Management Team (AMT) to identify the anticipated volume of requirements and to be able to respond to 100% of the entire Los Banos staffing requirements.
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STEP 2: Within one (1) week of contract sign-off, LanceSoft will initiate a kick-off and a team introduction session between the client's program/hiring managers and point of contacts along with LanceSoft delivery team members. Program goals and initiatives will be discussed in detail to help better understand the Los Banos staffing services program and needs. LanceSoft's AMT will try to understand various elements, key drivers, and success factors for this relationship. Some of the key Los Banos elements that would be studied include:
" H.R. policy regarding temporary labor
" Travel policy for temporary labor
" Region-wise Rate structure that has been agreed & signed off during the contract " Concentration of requirements and type of requirements " Typical hard to find skills for the client
" Typical Time taken for manager feedback
" Internal Benchmarks for hiring of temporary labor
" Accounting & Billing contacts
" Accounting & Billing policies
" Rules (Do's and Don'ts) for all aspects - H.R., Finance, Sales, Adm in etc. " Points of contact for various issues
" Escalation structure
" Addresses Contact names and Phone numbers of regional offices and respective relevant managers " List of client Holidays
" Service level agreements to be followed
" Response time for acknowledgement, Response time for resumes and time to fill parameters decided mutually
" Email ids, usernames, passwords, and Website addresses for process requirements " Escalation procedure and contacts for various issues including H.R., legal, Administrative, Accounting & Finance and Marketing
" General culture & work environment
" Dress code
STEP3: A document called the "Client Delivery Process Framework" is prepared which captures all details pertaining to the client.
STEP 4: The client dedicated National Account Manager will also initiate the mapping of all the client's onboarding requirements. This will create the entire backbone of the client specific process in compliance with their needs. At a minimum, the onboarding requirements will include:
" The Los Banos related specific policies
" Relevant contractual terms & conditions
" Rules & Regulations - site specific & client specific " General culture & work environment
" Dress code
" The Los Banos employee - LanceSoft consultant issues
" Escalation procedures
" Work site familiarity (at most times a site visit on the day of start of the project is arranged). 281 Page
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STEP 5: LanceSoft firmly believes in the importance of training and orientation to its employees. Training activities at LanceSoft constitute a major human resources development effort and forms an integral part of the employee's career development plan. LanceSoft's training program encompass technology skills, soft skills, presentation & communication skills, line of business / domain skills and specific client-related orientation regarding client specific policies, culture, terms & conditions, rules & regulations, and work site familiarity.
ENSURING LOS BANOS 'S SATISFACTION
We have a long-standing commitment to quality, both in our service offerings and in our method of doing business. Over the last few years, LanceSoft has consistently ranked among the top staffing companies according to lnavero's Best of Staffing Lists. The key to achieving our quality goals is in fostering long-term relationships with our clients and talent, and in using their feedback to continually improve our service.
Many of our clients have come to trust LanceSoft and know that they will receive the optimal match of talent, service levels, and pricing to stay competitive. Recognizing that total customer satisfaction is critical to our mission, we monitor our performance to ensure parameters previously defined are being met. The following is an overview of the processes that will be used to measure and track our performance with the Los Banos:
" Generation of key performance statistics
" Regular talent performance evaluations
" Web-based quality surveys
" Regular monitoring of the Los Banos's service level commitments To exceed service level commitments and ensure the LOS BANOS 's satisfaction, we will continue leveraging a solid continuous improvement initiative, including Quarterly Business Reviews (QBRs). A series of strategic meetings (tailored to fit the needs of the LOS BANOS ) will be established to ensure service continuity, adherence to service level commitments, ongoing communication of program objectives and to identify opportunities for efficiency. Further, these business reviews will provide us with the opportunity to share ideas and exchange feedback and allow us to accurately measure the level of the Los Banos's satisfaction.
Screening And Securing Qualified Candidates For Staffing Requests LanceSoft is dedicated towards providing quality candidates to its clients in line with their requirements.
We pay close attention to the quality of candidates we select to meet the high standards we set for our customers. LanceSoft is known for its robust recruitment process that attracts the very best talent and offers an unconditional guarantee on all the work they provide to our customers.
Our Candidate Screening Ability: LanceSoft has developed a standard screening process that is followed for all its clients. However, if required, LanceSoft in the past has customized its screening process depending upon the specific requirements of the client. LanceSoft provides a customized screening process including a two-level quality review process (Two-step resume qualification) for all shortlisted candidates at both Lead Recruiter and National Account Manager-level to provide the best-fit candidates to our clients.
We follow a well-structured interview process as per Industry Best Practices, where the short-listed candidates are screened at an initial level followed by a detailed assessment of his/her skills by our technical team via a telephonic interview. After clearing these two levels, a final selection round is arranged between the candidate and the National Account Manager. Some of the methods that the recruiters use for evaluating the technical and logical ability of the candidates are as follows:
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Written Tests: All candidates are required to take a written test to demonstrate their grasp on the basic knowledge required for a specified role. The test covers the fundamentals. LanceSoft also uses the same set of questions and methodology for all the candidates to be interviewed for a given position, which gives LanceSoft and the client a common objective performance baseline.
Aptitude/Logical Tests: LanceSoft has designed a series of logical and aptitude tests to gauge the individual personality traits. These tests enable LanceSoft to assess the aptitude and skills of the short- listed candidates. LanceSoft conducts standardized tests in terms of their reliability and validity to provide correct results.
Technical/Software Skills Test:
" By using HackerRank Platform: LanceSoft is using HackerRank, a platform designed to help to find the best engineering and software candidates using skills-based screening and interviewing tools. We will send these assessments to candidates or embed them on our careers page to build our pipeline through our internal tool CPX for our future use, and this platform automatically scores and ranks each one. It also offers a coding interview tool, allowing us to watch our candidates code in real time while we talking to the candidates.
" By Using TOSA Digital: We source our candidates based on the on line real time assessments, a digital skills certification program. TOSA Digital helps us to test applicants with 20-25 interactive questions and exercises to evaluate things like programming skills and digital communication. Based on the client technology, the technology questions and coding will match the candidate's level, and we will get a detailed report of the candidate's skills, including how they measure up against the target profile. In this way, LanceSoft screens the quality candidates, and it will be sourced to Los Banos based on the requirements.
Face-To-Face Discussions: Lance Soft conducts a thorough screening process to evaluate the technical and logical know-how of the candidates comprising of a face-to-face/web/video conferencing interview depending on client requirements. All applicants are assessed for competence and personal attributes including inter- personnel skills and communication skills. Our recruiters stringently test the domain knowledge and experience of clients to shortlist best candidate for clients.
Non-Directive Interview Process: At times, we also follow a non-directive interview process - generally, a less formal process to assess the candidate's skills and personality attributes.
Behavioural Interviews: We conduct behavioural and situational based interviews as well, to evaluate candidates on their past behaviour and experience and the candidate's judgment ability and knowledge that may be required for the job. In some cases, we also conduct group discussions to compare the soft skills of the short-listed candidates to make the best selection.
Background Checks: The client-dedicated onboarding team runs a sequence of procedures that help the candidates in fulfilling the formalities and paperwork at the cl ient end. As a prerequisite prior to an offer made by LanceSoft for employment, LanceSoft's on boarding team conduct various checks that include but are not limited to:
" Complete background verification
" Previous employment checks
" Education verification
" Credit Reports
" Driver's Report/OMV Checks
" Social Security Trace/Validation
" Reference checks - LanceSoft recruiters thoroughly check with at least 2-3 references of the candidates being short-listed to verify their credibility.
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'9 Drug Screening to test the candidates for the use of illicit/illegal drugs LanceSoft offers a 5 and 10 panel drug screening with additional panels available upon request to our customers '9 Work Permit Checks (Form 1-9): To verify the active work permit status (Citizens, Green Card/EAD holders, HlB, etc.) of the candidates to ensure they are legally authorized to work in the US '9 Work eligibility verification - Use E-Verify to ensure each candidate is eligible to work '9 Criminal background checks
Use of Technology to Verify Candidate Credentials
To verify candidates' credentials, LanceSoft uses Aversafe which is a blockchain-backed credential issuance and verification network. It helps us in building trust with job applicants long before the first interview. By eliminating the need for time consuming and costly background checks, it streamlines the entire hiring process.
By using this network-based approach, our verification process eliminates the need for duplicative background checks and incentivizes users to pre-certify their credentials, leading to improved trust, lower costs, and faster hiring. The Trust Score system in Aversafe helps us to form a full and trusted picture of any applicant long before the first interview and will provide Immediate verified updates on any changes to our employees' professional certifications or personal information provides a holistic view. It also generates a Trust Score for each user based on the sources and number of verifications behind their claims, so we can determine if an applicant is trustworthy at a glance.
We use Sterling- Back check verification process to verify the candidate credentials and it also helps our teams by delivering fast, accurate confirmation of a candidate's educational background, job history, and other credentials. It includes Employment Verifications, Education and Credentialing Verifications, Professional Credentials Verifications and Public Safety Verifications.
Employment Verifications: Sterling- Back check will Identify and verify the qualifications and experience of the Candidates.
Education and Credentialing Verifications & Professional Credentials Verifications: With long-standing relationships with major global education institutions, Sterling- Back check provides the most accurate results on the candidate's education and also team of experts confirms the candidates' claims and determines if the submitted licenses are current and in good standing.
Digitalizing Work Process
The world of work is changing, fast and fundamentally. Against a backdrop of difficult-to-solve staffing and employment issues, LanceSoft always stepped towards technology to get our work done. The following are some of our digital initial initiatives of our work process:
Candidate Search Process: LanceSoft In- house technology platform (i.e., CPX) with the Artificial Intelligence (Al) Algorithm that pulled qualified candidates that were hidden in our existing Applicant Tracking System (ATS) data to match with potential openings, communicate with the qualified candidates and also follow up with those top candidates, by a customized re-targeting mechanism. We also deployed machine learning based systems for speeding up screening by automating tasks like screening resumes, 311 Page
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identifying high potential candidates, and also finding behavioral traits that will guarantee a better organizational fit.
Sense: It helps us to recruit, retain, and redeploy top talent with robust communication and analytics tools.
We use sense messaging to build stronger relationships, grow our talent pool, and make more placements at scale.
" Automate the manual tasks: We will scale communication accordingly and also helps in increasing productivity by automating our time-consuming follow-ups. " Personalize messaging: We build relationships with customized communication via email and text messaging.
" Listen and act: We stay informed about potential issues and fix problems early to reduce turnover. " Measure success: We track and analyze trends, pulses, and other important metrics for our business.
Job board processes. Our Recruiters have access to numerous external, national, and vertical job boards and use them only to supplement our customized recruitment mediums. This is unlike other firms who generally rely on subscription databases. A sampling of websites that we utilize regularly includes:
" Dice
" Monster
" CareerBuilder
" Twitter
" Linkedln
HackerRank Platform: LanceSoft is using HackerRank, a platform designed to help to find the best engineering and software candidates using skills-based screening and interviewing tools. It allows us to create custom or template coding challenges across 6 computer science domains and in 35 programming languages. We will send these assessments to candidates or embed them on our careers page to build our pipeline through our internal tool CPX for our future use, and this platform automatically scores and ranks each one. It also offers a coding interview tool, allowing us to watch our candidates code in real time while we are talking to the candidates. By using HackerRank, we have created a database which has over 10,000 profiles who have strong Digital skills & expertise and segregated as per the location, skill set, domain, and experience level. We will source the quality candidates within a short span of time based on the LOS BANOS requirements.
Candidate Interaction Process: We use various digital assets to speed up the recruitment process. Through our Al powered Recruiter chatbots, we have real-time interaction to candidates by asking questions based on the job requirements and providing feedback, updates, and next-step suggestions.
Scheduling of Interview Process: Our digital interview platforms allow our recruiters to schedule videobased interviews online and create flexibility for the candidate to take the interview from any time and anyplace. It further helps our Hiring Managers meet the potential employees virtually at their convenience, creating an enhanced experience for both candidates and our internal teams. We use Skype, Talview, ConveylQ etc. for our digital interviews.
Candidate screening/ evaluation Process: TOSA Digital: We will source the candidates based on the online real time assessments, a digital skills certification program. TOSA Digital helps us to test applicants with 20- 25 interactive questions and exercises to evaluate things like programming skills and digital communication. Based on the client technology, the technology questions and coding will match the candidate's level, and we will get a detailed report of the candidate's skills, including how they measure up 32 I P age
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against the target profile. In this way, LanceSoft screens the quality candidates, and it will be sourced to Los Banos based on the requirements
Candidate On boarding and Off Boarding Process: LanceSoft also uses CPX for Requisition Management, Applicant Management, On-boarding, Off-boarding, Drug and Background Checks, Timesheet Management, Payroll, Billing, AP/AR, Employee Engagement, Finance Management, et al.
Data Backup: LanceSoft uses its loT-based cloud computing infrastructure for all the auto-backup process of our business operations or data.
LanceSoft understands the importance of technological advancements and continuously invests in technology to leverage on client satisfaction.
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FIRM'S ABILITY TO PROVIDE THE SERVICES GIVEN IN THE RFP LanceSoft is uniquely positioned to partner with The City of Los Banos in this initiative to provide IT Recruitment Services. We present this proposal as a confirmation of our commitment to forge a longlasting relationship with The City of Los Banos based on a process-oriented approach, optimisation & automation, and service delivery excellence. We are confident that with our experience with customers across the USA, LanceSoft's approach will meet your IT and non-IT Staff objectives.
LanceSoft is keen to engage with The City of Los Banos and enter into a long-term strategic Recruitment partnership for The City of Los Banos IT and non-IT Applications. LanceSoft will demonstrate to The City of Los Banos through this proposal, the staffing approach, governance, and process optimization that it can bring to help create a resilient and scalable service delivery for The City of Los Banos.
This document outlines our commitments in terms of what and how we will deliver our staffing resources, the benefit The City of Los Banos will achieve from our proposed approach, and the value LanceSoft intends to provide to The City of Los Banos.
OUR UNDERSTANDING OF THE CITY OF LOS BANOS'S GOALS:
lanceSoft understands the objective of this RFP wherein The City of Los Banos intends to hire qualified, experienced, financially sound, and responsible recruitment agencies to assist The City of Los Banos to implement and/or maintain recruitment support of The City of Los Banos's strategic objectives. The City of Los Banos needs recruited resources to help with project work or backfill for support personnel who are needed for project assignments.
Strategic benefits
• To align IT and non-IT objectives with
business objectives and ensure flexibility.
• To enable The City of Los Banos resources
to focus on core business and strategic
recruitment services.
Financial benefits
•
•
•
To lower operational and administrative
costs.
To increase flexibility of pricing through
multi-skilling, proactive demand
management & planning
Achieve an optimal balance between
value and costs
Operational benefits
•
•
•
To provide End to End Staffing delivery,
accountability, and operational
excellence.
High Level recruitment model
To provide access to skilled resources
We understand that The City of Los Banos is seeking to obtain contractors that can provide staff resources to support The City of Los Banos in managing project planning, implementation, integration, strategic and operational tasks. The qualified vendor should complete projects in a timely and cost-effective manner.
The City of Los Banos is looking for contractors who have significant depth of experience with IT and non-IT recruitment systems that incorporate environments preferably those affiliated with large academic centres comparable to The City of Los Banos on an as-needed basis.
LanceSoft will provide the recruitment services for all the categories listed below but not limited to (as per the RFP):
" Public Works Director
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" City Engineer
" Assistant Public Works Director
" Public Works Operations Manager
LanceSoft follows best-in-class business processes that add value to the client program, thereby setting a benchmark for all other organizations. By implementing these unique approaches in delivering our staffing solutions to our clients, LanceSoft is consistently recognized as a top performer across several client contingent worker programs.
" Our award-winning Artificial Intelligence based workflow and analytics platform, CPX. " LanceSoft investment into self-training and vocational training schools in HUB zones. " Our focus on engaging, re-training and deploying our heroes, the veterans. " Focus on Diversity & Inclusion, hiring & deploying to exceed federally required minimum spends. " Crowd sourcing
" Virtual Reality Recruiting using VR headsets at trade shows and recruiting drives. " Branding thru social media for target audiences.
" National hiring events around Major Metros.
" Mobile Recruitment.
" Match talent pipeline using machine Learning.
" Global staffing model support for clients with operations in multiple countries. " Competitive Cost
" On-demand capabilities to scale up/ down.
We have the capability to cater any kind of IT positions including the niche profiles and we would be keen to know if The City of Los Banos has any other requirements apart from that mentioned in this RFP and always ensure our best valued services.
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D. THE FIRM'S APPROACH TOWARD EITHER UNSUCCESSFUL RECRUITMENTS OR THE PREMATURE
DISMISSAL OR RESIGNATION OF THE SELECTED CANDIDATE
Dispute Resolution
LanceSoft schedules a client feedback session with all our clients on a regular basis to gauge the satisfaction levels of our clients on our deliverables. This feedback session will be conducted after every major deliverable made to the client. Being in constant touch with the pulse of the clients allows us to be updated on their problems and if there are any escalations, we sort them out in a very well-structured and effective manner. LanceSoft follows a well-designed escalation path for resolving client issues in the shortest possible timeframe which is as follows:
" In an event wherein an issue is raised by the client, the first level of escalation is handled by the client dedicated National Account Manager who would strive towards resolving the issue within a timeframe of 24 - 48 hours.
" Beyond the 48 hours timeframe, if the issue has not been resolved, the next level of escalation is to the VP Sales and Operations who would be actively involved in issue resolution and target to resolve it within 48 - 96 hours.
" If the issue still remains unresolved for above 96 hours the issue will move on to the Executive level of Escalation, which is handled by the top management at LanceSoft.
Client dissatisfaction with candidate's work
Leveraging the vast experience, exposure, and knowledge LanceSoft possesses, we achieve a better vision and capability of handling client requirements and do this in the most efficient manner. In a situation where a contract worker is dissatisfied due to performance issues, LanceSoft will branch them into a separate section using our home-grown software - CPX.
LanceSoft has "3 C" rule in dealing with underperformers which goes on in background without any disturbance to the client listed:
Converse: Before we address the issue of underperformance, we need to find out what's going on in the employee's life. Personal problems such as a sick child, a pending divorce or an ailing parent will distract an employee from devoting full attention to work. If there is such a problem, and the employee has a history of good performance, we will find a way to work around the issue. Those employees are worth saving.
Coach: Keep in mind that often employees under perform because they lack the necessary tools and or training. LanceSoft trains the candidate using UPTECH, our training subsidiary, to customize and curate a training program to develop and upskill talent with the necessary knowledge and understanding that aligns with the real-world enterprise business needs, for City of Los Banos talent needs, to help address the opportunity/ skill gap that exists in the market and to also support hard to fill/ niche talent skills. At UPTECH, we work in collaboration with young, diverse talented adults and corporate businesses to help narrow the opportunity gap by:
" UP Skill - We build customized and curated training curriculums in collaboration with business enterprises to ensure these young adults are trained and skilled on technology that is aligned to enterprise business requirements and goals
" UP Knowledge & Experience - We train our candidates in a simulated business environment.
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professionals, we deliver training in person to prepare students with the knowledge and professional experience that will simply integrate into a company's current technology teams Can: If there's no improvement (and outside issues are not relevant}, then we conclude that the individual is not apt for the current job role. He or she should be encouraged to find another position for which he or she may be more qualified.
In a situation where a candidate is declared as an underperformer, LanceSoft branches the candidate to a separate category using our above-mentioned system and they will be provided with a skill upgradation training if desired, using our training subsidiary UPTECH. These candidates listed will not be referred to the same clients again however they may be considered for suitable upcoming project opportunities from other clients.
CLIENT /CANDIDATE CONFLICTS
A disciplinary procedure is helpful to the employees and successful functioning of LanceSoft and in ensuring that individuals are treated fairly. LanceSoft has therefore agreed a detailed procedure that will be followed if an employee should breach his or her conditions of employment, or if his or her general conduct is unsatisfactory. The employee will be given an opportunity to state his or her case at each stage of the procedure.
The types of conduct which may lead to disciplinary action being taken according to the procedures detailed below are as follows:
" Willful failure to perform the duties of the post.
" Refusal to comply with reasonable requests from the job supervisor. " Persistent unsatisfactory timekeeping.
" Unauthorized absence from work.
" Incapacity to perform the duties of the post effectively due to drunkenness or unauthorized drugtaking. " Acts of discrimination against any member on the grounds of sex (including gender reassignment}, marital or parental status, race, ethnic or national origin, color, disability, sexual orientation, religion, or age.
" Bullying or harassment of any member.
" Malicious accusations of bullying or harassment against another person. " Breach of confidentiality.
" Breach of LanceSoft safety regulations or rules.
" Breach of other LanceSoft regulations or rules.
" Breach of any other conditions of employment.
This is not an exhaustive list.
Where an employee fails to perform the work expected of them to the required standard consideration should be given to the Capability Policy which addresses these situations. Capability may be assessed by reference to an employee's skill, aptitude, health or other physical or mental quality in relation to the job they are employed to do. Advice should be sought from the HR Division if it is unclear which procedure is appropriate.
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Disciplinary Procedure for Employees: The first action will normally be that the job supervisor and/or the LanceSoft Account Manager will informally warn the employee and will offer advice on how to remedy the situation.
First formal warning: If the informal warning fails to have any effect, the HR Head will see the employee with the job supervisor. The employee may choose to be accompanied by a representative, who should be accredited by another member, and the HR Head of LanceSoft may ask a representative of the HR Committee to be present at the interview. At the end of the interview, if it is considered necessary the HR Head will formally warn the employee and then write to the employee confirming the warning and the reason for issuing it and specifying when the matter will be reviewed. A copy of the letter will be sent to the Human Resources Division and the employee will sign and return a copy of the letter to acknowledge its receipt.
Second formal warning: At the time specified for a review of the matter, the HR Head will again see the employee with the job supervisor. The employee may choose to be accompanied by a representative, who should be accredited by another member. A representative of the HR Committee will also be present at the interview. At the end of the interview the HR Head will either:
" Inform the employee that the matter is resolved and that the first formal warning is cancelled. " Extend the period of the first formal warning and specify a time at which the matter will again be reviewed.
" Formally warn the employee a second time and state when the matter will again be reviewed and the action that may be taken if the unsatisfactory behavior continues. " In each case the HR Head will confirm the decision and the reasons for it in writing and send a copy of the letter to the VP-Human Resources. The employee will sign and return the copy of the letter to acknowledge its receipt.
Final interview: The HR Head will inform the employees of the decision. The employee and his or her representative will be given the chance to make representations. A representative of the HR Committee will be present at the interview. At the conclusion of the interview the HR Head will confirm in writing the decision that has been taken.
Procedure in the case of alleged serious misconduct: This procedure will be used if it is alleged that an assistant has committed any of the following acts:
" Theft or misappropriation of Client property, or the property of any member or employee " Forgery.
" Threatening or using physical violence against any member or LanceSoft employee or any person legitimately present within the Client premises, or against Client property. " Willful refusal to carry out the duties of the post.
" Willful and serious breach of confidentiality of work. " Willful and serious breach of Client safety regulations or rules. " Behavior resulting from drunkenness or unauthorized drug-taking endangers the health and safety of the assistant and/or others.
" Serious acts of discrimination against any member of the Client on grounds of sex including gender reassignment), marital or parental status, race, ethnic or national origin, color, disability, sexual orientation, religion, or age.
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" Serious acts of bullying or harassment of any of the City of Los Banos's members. " Any other act of serious misconduct.
This is not an exhaustive list.
Suspension: In the case of alleged serious misconduct, the HR Head may suspend the employee from duty with pay, and the employee should not then attend for work until instructed otherwise. The HR Head will immediately inform the VP-Human Resources of all the relevant facts. Suspension is not a disciplinary decision and does not imply that any decision has been made about whether or not the assistant has committed a disciplinary offence. It is simply a way of allowing time for an investigation to take place.
Investigation: The HR Head, after consultation with the VP-Human Resources, will see the employee to investigate the matter. The employee may choose to be accompanied by a representative, who should be an accredited member. A representative of the HR Committee will also be present at the interview.
Decision: Following the meeting, the HR Head will consider the facts of the case and consult with VPHuman Resources. The VP-Human Resources on behalf ofthe HR Committee will advise the HR Head ofthe action to be taken. The HR Head will notify the employee and where appropriate the employee's representative of the decision. Subsequently the HR Head will confirm this decision in writing. Case Requesting replacement of temporary staff
LanceSoft services are guaranteed to be of the highest level of professional quality. Achieving high client satisfaction constantly in the past, our satisfaction guarantee policy extends to the length of the contractor's assignment.
LanceSoft has rarely faced any performance issues in the past. However, keeping in mind the possibility of events of non-performance due to issues such as unplanned/unapproved leaves/absence of contractor or any other legal matter that leads to disruption of the project, LanceSoft has preset plans in place wherein it addresses the non-performance/project back-fill issues and responds appropriately in the manner described as follows:
" In the event the client finds the contractor's performance not at par with their expectations, LanceSoft will find a replacement within 48 hours at no additional charge. LanceSoft will also not charge for the hours clocked by the replaced contractor within the first two weeks of their work " LanceSoft has a previous track record of 98% of its contractors completing the entire assignments.
LanceSoft rarely has a situation where the contractor leaves the assignment before the project completion. In case where such a situation persists, LanceSoft provides its client with a replacement for the contractor in the shortest possible timeframe, minimizing any disruption in the progress of the project
;, Further to the poor performance of the contractor causing major operational issues, we also inform the contractor that he/she has only a limited amount of time to rectify the matter before any sort of action is taken against him/her
" In cases of non-performance of the contract, we also offer on a case-by-case basis reduction to our clients in the price of the service being provided
" Our internal teams are incentivized on achieving high scores in positive client performance reviews.
Earlv termination of services
If client wish to cancel an assignment prior to its scheduled commencement client must notify LanceSoft in reasonable time for LanceSoft to advise the LanceSoft Temporary Employee of the cancellation 391 P age
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Once the assignment has commenced, unless otherwise stated in the agreed details of the assignment, client must provide LanceSoft with the following periods of notice to end the assignment for any reason:
" 24 hours for an assignment of up to and including 12 weeks. " 1 weeks' notice for an assignment exceeding 12 weeks. " Client must pay the Recruitment Fees for all hours worked by the LanceSoft Temporary Employee up to the time that the LanceSoft Temporary Employee leaves the assignment. " Only LanceSoft may direct LanceSoft Temporary Employees to:
o discontinue work.
o be removed from the workplace; and
o have their assignment terminated.
Normal termination of services
LanceSoft Offboarding Team will oversee the offboarding process to ensure its smooth implementation. we ensure that the departing employee goes through the process to ensure a positive experience and confirm that all necessary administrative steps are completed.
Administrative Paperwork and Procedures: LanceSoft will complete the resignation formalities and provide the resignation letter which indicates the reason for leaving and their final date of employment, and it will be accepted in writing by a LanceSoft representative. This protects the company from unemployment claims and other potential liabilities. The employee's departure date will be logged into the HR system to trigger offboarding alerts regarding remaining benefits, unused PTO, recovering company equipment and property, security procedures, and any other applicable issues. We ensure performance evaluations, disciplinary action forms, and other employee records are in order.
Offer Career Guidance and Recommendations: At LanceSoft, we offer career advice to departing employees in good standing. This advice could include a complimentary career counseling session, introductions to industry contacts, or resume writing support. If possible, and if requested by the departing employee, LanceSoft will provide them with a recommendation letter that conveys their strengths and skills honestly.
Workload and Knowledge Transfer: We ensure that the leaving employee will share all the Job-related information and will complete the knowledge transfer process to other employees as specified by the client.
Recover Company Assets and Equipment: LanceSoft will decommission all the access cards and keys of the employee. LanceSoft will collect all the client's property including mobile devices, files, documents, Laptops, Tolls, Uniforms, Keys etc.
Conduct Exit Interviews: We conduct exit interviews to gain insight into the reasons for the employee's departure in order to make improvements going forward and will convey findings to the management team. we will conduct Face-to-face exit interviews for the in-person employees and for remote employees it will be done through on line questionnaires.
Implement a Plan for Hiring a Replacement: LanceSoft will find a replacement for the departing employee.
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Employees in good standing who resign, for whatever reason, will be treated warmly and respectfully to increase the chances that they leave on a good note. LanceSoft Team will be helpful as possible during the transition period and ensure that the leaving the employee with a positive impression of LanceSoft and will likely work in the future.
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E. COST PROPOSAL FOR THE CITY OF Los BANOS
1. Determining Annual Salary
LanceSoft process for determining annual salary, is usually confirmed by our account manager, who reviews and determines whether the itemised prices and rates for the works stated by a selected vendor in the tender document are erroneous, reasonable, or not. If not, these prices and rates are rationalised or adjusted to a reasonable level, usually without affecting the tender sum, for acceptance by the contracting parties. This practice also enables us to reasonably spread the overheads and profit in the priced items of works over the entire project.
Our dedicated account manager conducts such rationalisation exercise, prior to the awarding the contract to the successful vendor. We apply our rationalization process to Bill Rates of participating vendors, usually without any alteration or change to the tender/contract sum, quality and/or delivery requirements, unless they are erroneous.
Detailed breakdown of our Mark-up: LanceSoft follows a standard pricing strategy i.e., Bill Rate = Pay Rate + Mark-up (Fixed % of Pay Rate) / Annual Our Proposed Fees include Taxes, skills testing, drug testing, background screening and Margin. Our Bill rate includes all the below mentioned components:
" Taxes include FICA, FUTA, SUTA, Local Tax costs and Insurance. " Skill Testing includes Online Skill Tests and Pre-Employment Testing. " Drug Testing includes Blood Testing, Hair Testing, Urine Testing and Alcohol Testing. " Background screening includes Education and Employment checks with the Employers. " Margin includes Liabilities, Overheads, Profits, benefits, and other Statutory Costs.
We keep 20% Mark-up Of The Annual Base Salary For Each Placement.
2. Reimbursements
For contractors, LanceSoft reimburses client approved expenses. travel/metro/public transport passes under certain circumstances, downtown parking costs, work related equipment if purchased by contractor etc.
3. Payment Terms
LanceSoft has a payment term of Net 25 for all the categories: Temporary Personnel, Direct Hire and Temp to Perm.
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY
OF LOS BANOS AND JACOB GREEN &
ASSOCIATES FOR RECRUITMENT SERVICES
TO FILL THE POSITIONS OF PUBLIC WORKS
DIRECTOR/CITY ENGINEER, ASSISTANT
PUBLIC WORKS DIRECTOR, AND PUBLIC
WORKS OPERATIONS MANAGER
WHEREAS, on September 13, 2023 the City of Los Banos released a Request for Proposals for Recruitment Services to fill the Positions of Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager; and WHEREAS, on September 27, 2023 the City of Los Banos received five (5) RFPs: Jacob Green & Associates, GovHR USA, Raftelis, Netsynk Inc., LanceSoft, Inc.; and
WHEREAS, a selection committee reviewed the proposals submitted and Jacob Green & Associates was the preferred recruitment firm, with a cost of $73,800 plus travel costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute a Professional Services Agreement with Jackson Green & Associates for City Manager Recruitment Services as stated in their proposal.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of October 2023, by Council Member _ _ _ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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FROM:
DATE:
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I tl1c C,1 ossroads <~f C,d~{t1n1w
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ;!£:- October 4, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Sale of Residential Real Property Located at 1329 Frank Street, Dos Palos Recommendation:
Adopt a Resolution approving the purchase and sale agreement for the residential real property owned by the City of Los Banos located at 1329 Frank Street, Dos Palos, CA; Assessor's Parcel Number: 012-104-017.
Background:
In 2009 the City of Los Banos took possession of 1329 Frank Street, Dos Palos, CA related to the Mary Ann Jones embezzlement case. It was determined at that time that the City would be better served to lease out the residential property until such time the property value recovered from the Great Recession.
On March 2, 2022, the Los Banos City Council adopted Resolution No. 6467 declaring 1329 Frank Street surplus land as defined by California Government Code Section 54221.
The City delivered a Notice of Availability to all entities requesting to be notified of the availability of sites for lease or purchase. The deadline for interested entities to respond was August 5, 2022, and the City did not receive any notices of interest. The City provided a Notice of Compliance to the Department of Housing and Community Development (HCD) on August 28, 2023.
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Discussion:
On June 2, 2023, 1329 Frank Street, Dos Palos, CA was listed on the MLS for sale. The City received an offer for $340,000 and obtained an appraisal for the site, which indicated the real property is worth approximately $340,000. The City desires to accept the offer from the proposed buyer for $340,000.
The property will be subject to a Restrictive Covenant under the Surplus Land Act that if ten (10) or more residential units are developed on the property, then not less than 15% of the total number of residential units developed on the property shall be sold or rented at affordable housing cost.
Fiscal Impact:
The City of Los Banos will net approximately $305,835.00 from the transaction less cost/ expenses from the sale of the property.
Reviewed by:
Jo Brent Kuhn, Interim Finance Director
Attachments:
1 . Resolution
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RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS,
CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE RESIDENTIAL REAL PROPERTY OWNED BY THE CITY LOCATED AT 1329 FRANK STREET, DOS PALOS, (APN: 012-104-017)
WHEREAS, the City of Los Banos is the owner of certain real property located at 1329 Frank Street, Dos Palos (APN: 012-104-017);
WHEREAS, on March 2, 2022, the City Council adopted Resolution No. 6467 finding and declaring that the Real Property located at 1329 Frank Street, Dos Palos (APN: 012-104-017), is no longer necessary for the City's use and is therefore surplus land as defined in California Government Code Section 54221;
WHEREAS, on June 6, 2022, the City pursuant to the provisions of Government Code section 54220 et seq. (the "Surplus Land Act"), delivered a Notice of Availability ("NOA") to those entities designated in Section 54222 of the Surplus Land Act, notifying them of the availability for lease or purchase of the Site;
WHEREAS, the deadline for entities to respond to the NOA with a Notice of Interest ("NOi") was, pursuant to Section 54222(e) of the Surplus Land Act, sixty (60) days after issuance of the NOA, or August 5, 2022;
WHEREAS, in response to the NOA, the City received no notice of interest to acquire the subject Real Property within the 60-day noticing period, which expired on August 5, 2022; WHEREAS, the City obtained a property appraisal for the Site, which appraisal indicates that the Real Property is worth approximately $340,000.00.
WHEREAS, on August 12, 2023, Buyer(s) provided an offer to the City to purchase the Real Property for $340,000.00;
WHEREAS, on August 28, 2023 in accordance with Government Code 54230.5(b )(1) the City provided the California Department of Housing and Community Development ("HCD") with the following information: (1) Resolution declaring the land surplus; (2) a copy of the Notice of Availability (NOA); (3) a copy of the draft affordability covenant; (4) proof of NOA delivery to all required entities (Distribution List and email transmission); and (5) a description of any negotiations that have taken place;
WHEREAS, on September_, 2023, HCD provided a letter of determination to the City finding that the City had complied with the procedures of the Surplus Land Act.
WHEREAS, the City desires to accept the offer from Buyer, as described in the Purchase and Sale Agreement, attached hereto and incorporated herein by reference as Exhibit A (the "PSA");
WHEREAS, approval of the PSA shall be subject to the Restrictive Covenant, which is attached hereto and incorporated herein by reference as Exhibit B; and WHEREAS, on October 4, 2023, the City Council considered facts as presented in the staff report prepared for approval of the PSA.
283
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. All of the above recitals are true and correct and incorporated herein by reference.
SECTION 2. Surolus Land Findings and Declaration. The City Council hereby confirms that the Real Property is not necessary for the City's use and is surplus land, as defined in Government Code section 54221, based on the true and correct written findings found in Resolution No.6467, which shall be incorporated herein by reference.
SECTION 2. Approval. The City Council hereby approves sale of the Real Property to Buyer for valuable consideration and approves the related PSA. The City Council hereby finds that the sale of the Site to Buyer(s) is in the best interest of the City for the above stated reasons.
SECTION 3. Signature Authority. The City Manager is authorized to take any and all actions necessary to facilitate the purposes of this Resolution including, without limitation, execution of the PSA and any documents required for recording in the Recorder's office for the County of Merced.
SECTION 4. CEQA. The City Council finds that the approval of this Resolution is not subject to the California Environmental Quality Act ("CEQA") under Title 14 of the California Code of Regulations, Section 15312 (Class 12, sale of surplus properties). Further, pursuant to Sections 15060(c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 5. Effective Date. This Resolution shall take effect upon adoption by the City Council.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the_ day of October 2023, by City Council Member _ _ _ _ who moved its adoption, which motion was duly seconded by City Council Member ----- and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
284
~W~ljl~ ~2d'4'.J~~~E6PfB761-F514BF81E803
,,_- C.-\LIFORNL-\ S • ASSOC!.-\ TIO}< CALIFORNIA RESIDENTIAL PURCHA E AGREEMENT 411 OF REALTORS:E' AND JOINT ESCROW INSTRUCTIONS ~ (C.A.R. FORM RPA, Revised 12/22) Date Prepared: August 12, 2023
1. OFFER:
A. THIS IS AN OFFER FROM Anthony Michael Krist-y. Eden Kristy ("Buyer").
B. THE PROPERTY to be acquired is 1329 Frank Avenue , situated in Dos Palos (City), Merced (County), California, - ~ 9~36=2=--=0'--_ (Zip Code), Assessor's Parcel No(s). 012-104-017 ("Property").
(Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parties to this Agreement.
2. AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R.
Form AD) if represented by a real estate licensee. Buyer's Agent ls not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller.
B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction.
Seller's Brokerage Firm Centu 21 Select Real Estate License Number -~0~19~1~2~7~4~1 _ _ Is the broker of (check one): the Seller; or both the Buyer and Seller (Dual Agent).
Seller's Agent Geneva Brett License Number 01223541
ls {check one): @ the Seller's Agent. (Salesperson or broker associate); or O both the Buyer's and Seller's Agent (Dual Agent).
Buyer's Brokerage Firm Keller Williams Realt License Number 01907539 Is the broker of (check one): the Buyer; or both the Buyer and Seller (Dual Agent).
Buyer's Agent Robert Ruibal License Number 01943803
ls (check one): Iii the Buyer's Agent. (Salesperson or broker associate); or LJ both the Buyer's and Seller's Agent (Dual Agent).
C. D More than one Brokerage represents D Seller, D Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).
D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a [xi "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.
R f d h e erence oara iraol s orov1 "d e u ~ rth er exoIana I f 10n. Th. IS i orm IS • 16 oaaes. Th e P a rt· res are a d vise • d t d o rea a 1116 oaoes.
Paragraph Paragraph Title or Contract Terms and Conditions Additional Terms # Term
A 5, SB (cash) Purchase Price $ 340000.00 All Cash
B Close of Escrow (COE) lil 30 Days after Acceptance
ORonT] (date)
C 32A Expiration of Offer 3 calendar days after all Buyer Signature(s) or (date),
at 5PM or __ LJ AM/ LJ PM
D(1) 5A(1) Initial Deposit Amount $ 10,200.00 (_.1:.QQ_% of purchase price) within 3 (or ___J business days (% number above is for calculation purposes after Acceptance by wire transfer and is not a contractual term) OR □
D(2) 5A(2) D Increased Deposit $ L___% of purchase price) Upon removal of all contingencies (Money placed into escrow after (% number above is for calculation purposes OR □ (date) the initial deposit. Use form DID at and is not a contractual term) time increased deposit is made.) OR □
E(1) 5C(1) Loan Amount(s): First $ 328,100.00 ( 96.50 % of purchase price) Conventional or, if checked, Interest Rate Fixed rate or D Initial adjustable rate
~ FHA (Forms FVAC/HID attached) • not to exceed % VA (Form FVAC attached) Points • Buyer to pay up to _ points to obtain the Seller Financing rate above Other:
If FHA or VA checked, Deliver list of 17 ( or ___J Days after Acceptance lender required repairs
E(2) 5C(2) Additional Financed Amount $ L___o/o of purchase price) Conventional or, if checked, Interest Rate Fixed rate or D Initial adjustable rate B Seller Financing • not to exceed % Other:
Points • Buyer to pay up to _ points to obtain
rate above
E(3) 7A Occupancy Type Primary, or if checked, D Secondary D Investment F 50 Balance of Down Payment $ 1700.00
PURCHASE PRICE TOTAL $ 340000.00
~ 2022, California Association of REAL TORS®, Inc.
~ RPA REVISED 12/22 (PAGE 1 OF 16.) Buyer's Initials< A OS / ·•· IC [f
--DS
\L-/ Seller's Initials
cr' '7 Q)~ / ___ 1.5J ~ ~~
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS RPA PAGE 1 OF 16 Keller William, Realty, 60 W 10th Street Tra<y CA 95376 Phone: 2095592809 Fax:
Robert Rulbal Produced with Lone Wolf Transactions (zipFonn Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com Klrstey. 1329
285
~ II~~~ j)J~~~f~~ - D3
e uos t'atos t,.;A i,Jo~0 Date: Auaust 12 2023 ~ B761 F514BF81E8 Paragraph Paragraph Title or Contract Terms and Conditions Additional Terms # Term
G(1) SE Seller Credit, if any, to Buyer ~ $ 16,000.00 lML_o/o of purchase price) Seller credit to be applied to closing (% number above is for calculation purposes costs OR
and is not a contractual term) Oother:
G(2) ADDITIONAL FINANCE TERMS:
G(3) 18 D Seller agrees to pay the obligation of Buyer to compensate Buyer's Broker under a separate agreement (C.A.R.
Form SPBB attached). Seller's Broker's offer, if any, to compensate Buyer's Broker is unaffected unless Otherwise Agreed.
H(1) SB Verification of All Cash (sufficient Attached to the offer or D 3 (or_) Days funds) after Acceptance
H(2) 6A Verification of Down Payment and Attached to the offer orD 3 (or_) Days Closing Costs after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer or D 3 (or __ ) Days RPrequalification ~ Preapproval after Acceptance Fully underwritten oreaooroval
I Intentionally Left Blank
J 16 Final Verification of Condition 5 (or_) Days prior to COE K 23 Assignment Request 17 (or_) Days after Acceptance
L 8 CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L(1) SA Loan(s) 17 (or_) Days after Acceptance D No loan contingency L(2) SB Appraisal: Appraisal contingency 17 (or_) Days after Acceptance D No appraisal contingency based upon appraised value at a Removal of appraisal contingency minimum of purchase price or does not eliminate appraisal 0$ cancellation rights in FVAC.
L(3) SC, 12 Investigation of Property 17 (or _LI Days after Acceptance Informational Access to Property 17 (or_) Days after Acceptance REMOVAL OR WAIVER OF Buyer's right to access the Property for informational purposes is NOT a contingency, CONTINGENCY:
does NOT create cancellation rights, and applies even if contingencies are removed. Any contingency in L(1 )-L(7) may be L(4) SD, 14A Review of Seller Documents 17 (or_) Days after Acceptance, or 5 Days removed or waived by checking the after Delivery, whichever is later applicable box above or attaching a L(5) SE, 13A Preliminary ("Title") Report 17 (or_) Days after Acceptance, or 5 Days Contingency Removal (C.A.R. Form after Delivery, whichever is later CR-8) and checking the applicable box therein. Removal or Waiver at
L(6) SF, 11L Common Interest Disclosures 17 (or_) Days after Acceptance, or 5 Days time of offer is against Agent advice. required by Civil Code § 4525 or this after Delivery, whichever is later See paragraph SH. Agreement L(7) 8G, 98(6) Review of leased or liened items 17 (or_) Days after Acceptance, or 5 Days 0 CR-B attached (Such as for solar panels or propane after Delivery, whichever is later tanks or PACE or HERO liens)
L(B) SJ Sale of Buyer's Property Sale of Buyer's property is not a contingency, UNLESS checked here: D C.A.R. Form COP attached M Possession Time for Performance Additional Terms
M(1) Time of Possession Upon notice of recordation, ORD 6 PM or __ OAM/OPM on date specified, as
applicable, in 3M(2) or attached TOPA.
M(2) 7C Seller Occupied or Vacant units COE date or, if checked below, C.A.R. Form SIP attached if 29 or 8 -- days after COE (29 or fewer days) fewer days. C.A.R. Form RLAS days after COE (30 or more days) attached if 30 or more days.
M(3) 4A, 7A Occupied units by tenants or Tenant Occupied Property Addendum Seller shall disclose to Buyer if anyone other than the Seller (CAR. Form TOPA) attached occupied by tenants or persons other than the Seller, and attach
TOPA in a counter offer if not part
of Buyer's offer.
N Documents/Fees/Compliance Time for Performance
N(1) 14A Seifer Delivery of Documents 7 (or __1__) Days after Acceptance N(2) 19B Sign and return Escrow Holder 5 (or_) Days after Delivery Provisions and Instructions
N(3) 11L(2) Time to pay fees for ordering HOA 3 (or_) Days after Acceptance Documents
N(4) 108(1) Install smoke alarm(s), CO 7 (or_) Days after Acceptance detector(s), water heater bracing
N(6) 28 Evidence of representative authority 3 Days after Acceptance RPA REVISED 12/22 (PAGE 2 OF 16) Buyer's Initials [Jf :-- . -l [t: V- Seller's Initials r p,~ I G} EQUAL t«IJSINI.
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 2 OF 16) Produced with Lone WolfTransactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolfcom Klrstey - 1329 286
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p Items Included and Excluded
Date· Auaust 12 2023 I
P(1) 9 Items Included - All items specified in Paragraph 9B are included and the following, if checked:
~ Stove(s), oven(s), stove/oven §Video doorbell(s); @Above-ground pool(s) / D spa(s); combo(s); Security camera equipment; Bathroom mirrors, unless ~ Refrigerator(s ); Security system(s)/alarm(s), other than excluded below; Wine Refrigerator(s); separate video doorbell and camera D Electric car charging systems Washer(s); equipment; and stations;
Dryer(s); 8 Smart home control devices; D Potted trees/shrubs; Dishwasher(s ); Wall mounted brackets for video or audio Microwave(s); equipment;
Additional Items Included: □ □
□ □ □
P(2) 9 Excluded Items:
□ ' □ ' □
Q Allocation of Costs
Paragraph Item Description Who Pays (if Both IS checked, cost to be Additional Terms , split equally unless Otherwise Agreed)
Q(1) 10A, 11A Natural Hazard Zone Disclosure D Buyer ~ Seller D Both ~ Environmental
Report, Including tax information Other
~ Provided by: Seller's choice
Q(2) Report D Buyer D Seller D Both
Q(3) Report D Buyer D Seller D Both
Q(4) 108(1) Smoke alarms, CO detectors, water D Buyer ~ Seller D Both heater bracina
Q(5) 10A Government Required Point of Sale D Buyer D Seller D Both 108(2) inspections, reports
Q(6) 108(2) Government Required Point of Sale D Buyer D Seller D Both corrective/remedial actions
Q(7) 19B Escrow Fee D Buyer D Seller ~ Both SO% Seller/SO% Buyer Escrow Holder: Old Republic D Each to pay their own fees Trac'{_ - Tlffan'{_ Re'{_es Q(8) 13 Owner's tiUe insurance policy D Buyer D Seller ~ Both 50% Seller/SO¾ Buyer Title Company (If different from Escrow Holder): Old Republic
Title - Tiffan'{_ Re'{_es
Q(9) Buyer's Lender title insurance policy Buyer Unless Otherwise Agreed, Buyer shall purchase any title insurance
policy insuring Buyer's lender.
Q(10) County transfer tax, fees D Buyer D Seller D Both Q(11) City transfer tax, fees D Buyer D Seller D Both
Q(12) 11L(2) HOA fee for preparing disclosures Seller
Q(13) HOA certification fee Buyer
Q(14) HOA transfer fees D Buyer D Seller D Both Unless Otherwise Agreed, Seller '
shall pay for separate HOA moveout fee and Buyer shall pay for separate move-in fee. Applies if
separately billed or itemized with
cost in transfer fee.
Q(15) Private transfer fees Seller, or if checked, D Buyer D Both Q(16) fees or costs D Buyer D Seller D Both
Q(17) fees or costs D Buyer D Seller D Both
Q(18) 10C Home warranty plan chosen by Buyer. ~ Buyer D Seller D Both If Seller or Both checked, Seller's Coverage includes, but is not Hmited to: cost not to exceed $ 600.00 Issued by: *Old Republic Home Protection
D Buyer waives home warranty plan
R OTHER TERMS:
RPA REVISED 12/22 (PAGE 3 OF 16) Buyer's Initials [Ac'.:.' _. -L [c \L- Seller's Initials (p] / --- ® CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 3 OF 16) Produced with Lone WoW Transactions (zipform Edition) 717 N Harwood St, Sufte 2200, Dallas, TX 75201 wwwJwolf com Klrstey - 1329 287
~~~~~,!~~~Jz~;6,}~~5;~~!~,1~~3:,.,o"'O Date: August 12, 2023
4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
D Tenant Occupied Property Addendum (C.A.R. Form TOPA) (Should be checked whether current tenants will remain or not.) D Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) D Manufactured Home Purchase Addendum (C.A.R. Form MH-PA) ~
Tenancy in Common Purchase Addendum (C.A.R. Form TIC-PA) Stock Cooperative Purchase Addendum (C.A.R. Form COOP-PA) Mixed Use Purchase Addendum (C.A.R. Form MU-PA) D Other .,....,.------- - ----------- 8. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
~
Addendum# (C.A.R. Form ADM) B Short Sale Addendum (C.A.R. Form SSA) Back Up Offer Addendum (C.A.R. Form BUO) Court Confirmation Addendum {C.A.R. Form CCA) Septic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) Buyer Intent to Exchange Addendum (CAR. Form BXA) D Seller Intent to Exchange Addendum (CAR. Form SXA) Other-----------,----.,,......,-- D Other------,------,,------------ c. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
Iii Buyer's Investigation Advisory (C.A.R. Form BIA)
Iii Wire Fraud Advisory (C.A.R. Form WFA)
Iii Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) Iii Cal. Consumer Privacy Act Advisory (CAR. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) ~ Wildfire Disaster Advisory (CAR. Form WFDA) ~ Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) Short Sale Information and Advisory (CAR. Form SSIA) REO Advisory (C.A.R. Form REO) Probate Advisory (C.A.R. Form PA) Other________________ Other __________________ _
5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.
A. DEPOSIT:
(1) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2) INCREASED DEPOSIT: Increased deposit specified in paragraph 3D(2) is to be delivered to Escrow Holder in the same manner as the Initial Deposit. If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder. (3) RETENTION OF DEPOSIT: Paragraph 29, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney: (i) Before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code; and (ii) Regarding possible liability and remedies if Buyer fails to deliver the deposit.
B. ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.
C. LOAN(S):
(1) FIRST LOAN: This loan will provide for conventional financing UNLESS FHA, VA, Seller Financing (CAR. Form SFA), or Other is checked in paragraph 3E(1 ).
(2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), or Other is checked in paragraph 3E(2). (3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms of paragraph 68, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4) FHANA: If FHA or VA is checked in paragraph 3E(1), a FHANA amendatory clause (C.A.R. Form FVAC) shall be incorporated and Signed by all Parties. Buyer shall, within the time specified in paragraph 3E(1), Deliver to Seller written notice (CAR. Form RR or AEA) (i) of any lender requirements that Buyer requests Seller to pay for or otherwise correct or (ii) that there are no lender requirements. Notwithstanding Seller's agreement that Buyer may obtain FHA or VA financing, Seller has no obligation to pay or satisfy any or all lender requirements unless agreed in writing.
D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT, paragraph 3F) (including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer as specified in paragraph 3G(1) or Otherwise Agreed, from any source, for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer's lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (I) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and (II) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.
6. ADDITIONAL FINANCING TERMS:
A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs, within the time specified in paragraph 3H(2) may be made by Buyer or Buyer's lender or loan broker pursuant to paragraph 6B.
B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rat~ o~ i e initial loan rate.
RPA REVISED 12/22 (PAGE 4 OF 16) Buyer's Initials [A_:- .. / [~ \L--. Seller's Initials ®' ___ @ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 4 OF 16) Produced with Lone Wolf Transactions (zipFonn Edition) 717 N Haiwood St. Su~e 2200, Dallas. TX 75201 www lwolf com Klrstey - 1329 288
~~~~~~~~~~f&~7
~t~5;!~i~.1~~3:,Jo.r;O Date: August 12, 2023
C. BUYER STATED FINANCING: Seller 1s relying on Buyer's representation of the type of financing specified (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non--conlingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date {paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.
7. CLOSING AND POSSESSION:
A. OCCUPANCY: If Buyer intends to occupy as a primary or secondary residence {see paragraph 3E(3)), and unless Otherwise Agreed, such as in C.A.R. Form TOPA: (i) the unit Buyer intends to occupy shall be vacant at the time possession is delivered to Buyer, and (ii) if the Property contains more than one unit, within 3 Days after Acceptance Buyer shall give Seller written notice of which unit Buyer intends to occupy. Occupancy may impact available financing. Seller shall disclose to Buyer if occupied by tenants or persons other than Seller, and attach C.A.R. Form TOPA in a counter offer if not part of Buyer's offer.
B. CONDITION OF PROPERTY ON CLOSING:
(1) Unless Otherwise Agreed: (i) the Property shall be delivered "As-ls" in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller. (2) Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.
C. SELLER REMAINING IN POSSESSION AFTER CLOSE OF ESCROW: If Seller has the right to remain in possession after Close Of Escrow pursuant to paragraph 3M(2) or as Otherwise Agreed: The Parties are advised to (i) consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (ii) consult with a qualified California real estate attorney where the Property is located to determine the ongoing rights and responsibilities of both Buyer and Seller with regard to each other, including possible tenant rights, and what type of written agreement to use to document the relationship between the Parties. Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan.
D. At Close Of Escrow: (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale; and (ii) Seller shall Deliver to Buyer available Copies of any such warranties. Agents cannot and will not determine the assignability of any warranties.
E. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems, intranet and Internet-connected devices included in the purchase price, garage door openers, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities.
8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:
A. LOAN(S):
(1) This Agreement is, unless otherwise specified in paragraph 3L(1) or an attached CR-B form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan.
(2) Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending. Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Investigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Investigation contingency but not the loan contingency.
(3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5} NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.
B. APPRAISAL:
(1) This Agreement is, unless otherwise specified in paragraph 3L(2) or an attached CR-B form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified in paragraph 3L(2), without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal. For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller. (2) NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the property at an amount less than that specified in paragraph 3L(2). If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies.
(3) Iii Fair Appraisal Act: The Parties acknowledge receipt of the attached Fair Appraisal Act Addendum (CAR. Form FAAA).
C. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(3), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property. See paragraph 12.
D. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified in paragraph 3L(4), co~ ge~ upon Buyer's review and approval of Seller's documents required in paragraph 14A. a, '(s)- RPA REVISED 12/22 (PAGE 5 OF 16) Buyer's Initials [A:: .. I_ [ \!-- Seller's Initials J,9 I ___ ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 5 OF 16) Produced with lone Woff Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 WNW lwolf com Klrstey - 1329 289
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E. TITLE:
(1) This Agreement is, as specified in paragraph 3L(5}, contingent upon Buyer's ability to obtain the title policy provided for in paragraph 13G and on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all undenying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.
F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's review and approval of Common Interest Disclosures required by Civil Code§ 4525 and under paragraph 11 L ("Cl Disclosures").
G. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 98(6), is, as specified in paragraph 3L(7), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(7), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.
H. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and info.rmation pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent.
I. REMOVAL OF CONTINGENCY OR CA1NCELLATION:
(1) For any contingency specified in paragraph 3L, 8, or elsewhere, Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement. (2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after Delivery of Seller Documents or Cl Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement. (3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.
J. SALE OF BUYER'S PROPERTY: This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(8).
9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:
A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3P or as Otherwise Agreed. Any items included herein are components of the home and are not intended to affect the price. All items are transferred without Seller warranty.
B. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace Inserts, gas logs and grates, solar power systems, built-in appliances and appliances for which special openings or encasements have been made (whether or not checked in paragraph 3P), window and door screens, awnings, shutters, window coverings (which includes blinds, curtains, drapery, shutters or any other materials that cover any portion of the window) and any associated hardware and rods, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment (including, but not limited to, any cleaning equipment such as motorized/automatic pool cleaners, pool heaters, pool nets, pool covers), garage door openers/remote controls, mailbox, in-ground landscaping, water features and fountains, water softeners, water purifiers, light bulbs (including smart bulbs) and all items specified as included in paragraph 3P, if currently existing at the time of Acceptance.
Note: If Seller does not intend to include any item specified as being included above because it is not owned by Seller, whether placed on the Property by Agent, stager or other third party, the item should be listed as being excluded in paragraph 3P or excluded by Seller in a counter offer.
(3) Security System includes any devices, hardware, software, or control units used to monitor and secure the Property, including but not limited to, any motion detectors, door or window alarms, and any other equipment utilized for such purpose. If checked in paragraph 3P, all such items are included in the sale, whether hard wired or not. (4) Home Automation (Smart Home Features) includes any electronic devices and features including, but not limited to, thermostat controls, kitchen appliances not otherwise excluded, and lighting systems, that are connected (hard wired or wirelessly) to a control unit, computer, tablet, phone, or other "smart" device. Any Smart Home devices and features that are physically affixed to the real property, and also existing light bulbs, are included in the sale. Buyer is advised to use paragraph 3P(1) or an addendum to address more directly specific items to be included. Seller is advised to use a counter offer to address more directly any items to be excluded. (5) Non-Dedicated Devices: If checked in paragraph 3P, all smart home and security system control devices are included in the sale, except for any non-dedicated personal computer, tablet, or phone used to control such features. Buyer acknowledges that a separate device and access to wifi or Internet may be required to operate some smart home features and Buyer may have to obtain such device after Close Of Escrow. Seller shall de-list any devices from any personal accounts and shall cooperate with any transfer of services to Buyer. Buyer is advised to change all passwords and ensure the security of any smart home features.
(6) LEASED OR LIENED ITEMS AND SYSTEMS: Seller, within the time specified in paragraph 3N(1), shall (I) disclose to Buyer if any item or system specified in paragraph 3P or 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and (ii) Deliver to Buyer all written materials (such as lease, warranty, financing, etc.) concerning any such item. r-,.,.. r;:.. t qq>l G)
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(7) Seller represents that all 1lems included in the purchase price, unless otherwise Agreed, (i} are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to paragraph 98(6}, and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems.
C. ITEMS EXCLUDED FROM SALE: Unless Otherwise Agreed, the following items are excluded from sale: (i) All items specified in paragraph 3P(2); (ii} audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (iii) furniture and other items secured to the Property for earthquake or safety purposes. Unless otherwise specified in paragraph 3P(1), brackets attached to walls, floors or ceilings for any such component, furniture or Item will be removed and holes or other damage shall be repaired, but not painted.
10. ALLOCATION OF COSTS:
A. INSPECTIONS, REPORTS, TESTS AND CERTIFICATES: Paragraphs 3Q(1), (2), (3), and (5) only determines who is to pay for the inspection, report, test, certificate or service mentioned; it does not determine who is to pay for any work recommended or identified in any such document. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3R, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA). Any reports in these paragraphs shall be Delivered in the time specified in paragraph 3N(1).
B. GOVERNMENT REQUIREMENTS AND CORRECTIVE OR REMEDIAL ACTIONS:
(1) LEGALLY REQUIRED INSTALLATIONS AND PROPERTY IMPROVEMENTS: Any required installation of smoke alarm or carbon monoxide device(s) or securing of water heater shall be completed within the time specified in paragraph 3N(4) and paid by the Party specified in paragraph 3Q(4). If Buyer is to pay for these items, Buyer, as instructed by Escrow Holder, shall deposit funds into escrow or directly to the vendor completing the repair or installation. Prior to Close Of Escrow, Seller shall Deliver to Buyer written statement(s) of compliance in accordance with any Law, unless Seller is exempt. If Seller is to pay for these items and does not fulfill Seller's obligation in the time specified, and Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for Buyer's costs. (2) POINT OF SALE REQUIREMENTS:
(A) Point of sale inspections, reports and repairs refer to any such actions required to be completed before or after Close Of Escrow that are required in order to close under any Law and paid by Party specified in paragraphs 3Q(5} and 3Q(6). Unless Parties Otherwise Agree to another time period, any such repair, shall be completed prior to final verification of Property. If Buyer agrees to pay for any portion of such repair, Buyer, shall (i) directly pay to the vendor completing the repair or (ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficient to pay for Buyer's portion of such repair and request Escrow Holder pay the vendor completing the repair. (B) Buyer shall be provided, within the time specified in paragraph 3N(1), unless Parties Otherwise Agree to another time period, a Copy of any required government~nducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. (3) REINSPECTION FEES: If any repair in paragraph 108(1) is not completed within the time specified and the lender requires an additional inspection to be made, Seller shall be responsible for any corresponding reinspection fee. If Buyer incurs costs to comply with lender requirements concerning those items, Seiler shall be responsible for those costs. (4) INFORMATION AND ADVICE ON REQUIREMENTS: Buyer and Seller are advised to seek information from a knowledgeable source regarding local and State mandates and whether they are point of sale requirements or requirements of ownership. Agents do not have expertise in this area and cannot ascertain all of the requirements or costs of compliance.
C. HOME WARRANTY:
(1) Buyer shall choose the home warranty plan and any optional coverages. Buyer shall pay any cost of that plan, chosen by Buyer, that exceeds the amount allocated to Seller in paragraph 3Q(18). Buyer is informed that home warranty plans have many optional coverages, including but not limited to, coverages for Air Conditioner and Pool/Spa. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer and their cost. (2) If Buyer waives the purchase of a home warranty plan in paragraph 3Q(18), Buyer may still purchase a home warranty plan, at Buyer's expense, prior to Close Of Escrow.
11. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:
A. TDS, NHD, AND OTHER STATUTORY AND SUPPLEMENTAL DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1 ), Deliver to Buyer: unless exempt, fully completed disclosures or notices required by §§ 1102 et. seq. and 1103 et. seq. of the Civil Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement (C.A.R. Form TDS}, Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD), and, if the Property is in a high or very high fire hazard severity area, the information, notices, documentation, and agreements required by§§ 1102.6(f) and 1102.19 of the Civil Code (C.A.R. Form FHDS). (2) The Real Estate Transfer Disclosure Statement required by this paragraph is considered fully completed if Seller has completed the section titled Coordination with Other Disclosure Forms by checking a box (Section I), and Seller has completed and answered all questions and Signed the Seller's Information section (Section II) and the Seller's Agent, if any, has completed and Signed the Seller's Agent's section (Section Ill), or, if applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Section V acknowledgment of receipt of a Copy of the TDS shall be Signed after all previous sections, if applicable, have been completed. Nothing stated herein relieves a Buyer's Agent, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer's Agent. (3) Seller shall, within the time specified in paragraph 3N(1), provide "Supplemental Disclosures" as follows: (i) unless exempt from the obligation to provide a TDS, complete a Seller Property Questionnaire (C.A.R. Form SPQ) by answering all questions ancl Signing and Delivering a Copy to Buyer; (ii) if exempt from the obligation to provide a TDS, complete an Exempt Seller Disclosure (CAR. Form ESD) by answering a. II questions and Signing and Def ~r:'11 a Copy to Buyer.
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(4) In the event Seller or Seller's Agent, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer under this paragraph, Seller shall, in writing, promptly provide a subsequent or amended TDS, Seller Property Questionnaire or other document, in writing, covering those items. Any such document shall be deemed an amendment to the TDS or SPQ.
However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are discovered by Buyer or disclosed in reports or documents provided to or ordered and paid for by Buyer.
B. LEAD DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), for any residential property built before January 1, 1978, unless exempted by Law, Deliver to Buyer a fully completed Federal Lead-Based Paint Disclosures (C.A.R. Form LPD) and pamphlet ("Lead Disclosures").
(2} Buyer shall, within the time specified in paragraph 3L(3), have the opportunity to conduct a risk assessment or to inspect for the presence of lead-based paint hazards.
C. HOME FIRE HARDENING DISCLOSURE AND ADVISORY: For any transaction where a TDS is required, the property is located in a high or very high fire hazard severity zone, and the home was constructed before January 1, 2010, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: (i) a home hardening disclosure required by law; and (ii) a statement of features of which the Seller is aware that may make the home vulnerable to wildfire and flying embers; and (iii) a final inspection report regarding compliance with defensible space requirements if one was prepared pursuant to Government Code§ 51182 (C.A.R. Form FHDS). 0, DEFENSIBLE SPACE DISCLOSURE AND ADDENDUM: For any transaction in which a TDS is required and the property is located in a high or very high fire hazard severity zone, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer (i) a disclosure of whether the Property is in compliance with any applicable defensible space laws designed to protect a structure on the Property from fire; and (ii) an addendum allocating responsibility for compliance with any such defensible space law (C.A.R. Form FHDS).
E. WAIVER PROHIBITED: Waiver of Statutory, Lead, and other Disclosures in paragraphs 11A(1), 11B, 11C, and 110 are prohibited by Law.
F, RETURN OF SIGNED COPIES: Buyer shall, within the time specified in paragraph 3L(4) OR 5 Days after Delivery of any disclosures specified in paragraphs 11 A, B, C or D, and defensible space addendum in paragraph 110, whichever is later, return Signed Copies of the disclosures, and if applicable, addendum, to Seller.
G. TERMINATION RIGHTS:
(1) Statutory and Other Disclosures: If any disclosure specified in paragraphs 11A, B, C, or D, or subsequent or amended disclosure to those just specified, is Delivered to Buyer after the offer is Signed, Buyer shall have the right to terminate this Agreement within 3 Days after Delivery in person, or 5 Days after Delivery by deposit in the mail, or by an electronic record or email satisfying the Uniform Electronic Transactions Act (UETA), by giving written notice of rescission to Seller or Seller's Authorized Agent. If Buyer does not rescind within this time period, Buyer has been deemed to have approved the disclosure and shall not have the right to cancel.
.(2) Defensible Space Compliance: If, by the time specified in paragraph 11F, Buyer does not agree to the terms regarding defensible space compliance Delivered by Seller, as indicated by mutual signatures on the FHDS, then Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement.
H. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers (i) to Buyer and Escrow Holder a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA); OR (ii) to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller's affidavit and the Seller states that no federal withholding is required; OR (iii) to Buyer other documentation satisfying the requirements under Internal Revenue Code § 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder.
1. ME·GAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) J. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) K. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1), if required by Law:
(i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earthquake Risk Disclosure Statement; and (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones.
L. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1 ), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, and restrictions (C.A.R. Form SPQ or ESD).
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{2) If the Property is a condominium or is located in a planned development or other common interest development with a HOA, Seller shall, within the time specified in paragraph 3N(3), order from, and pay any required fee as specified in paragraph 3Q(12) for the following items to the HOA (CAR. Form HOA-IR): (i) Copies of any documents required by Law (CAR. Form HOA-RS); (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; (v) the names and contact information of all HOAs governing the Property; (vi) pet restrictions; and (vii) smoking restrictions ("Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for any of the above.
M. SOLAR SYSTEMS: For properties with any solar panels or solar power systems, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all known information about the solar panels or solar system. Seller may use the Solar Advisory and Questionnaire (CAR. Form SOLAR).
N. KNOWN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact insurer to get such information (CAR. Form ARC), and make any and all other disclosures required by Law.
12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer shall, within the time specified in paragraph 3L(3), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations").
B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general home inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) Any other specific inspections of the physical condition of the land and improvements. (2) Investigation of any other matter affecting the Property, other than those that are specified as separate contingencies.
Buyer Investigations include, but are not limited to, an investigation of the availability and cost of general homeowner's insurance, flood insurance and fire insurance. See, Buyer's Investigation Advisory (CAR. Form BIA) for more.
C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.
D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(3), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(3) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not lnclude any appraisal, except an appraisal received in connection with an FHA or VA loan.
E. Buyer indemnity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (CAR. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.
13. TITLE AND VESTING:
A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(8). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter. C. Seller shall within 7 Days after request, give Escrow Holder necessary information to clear title.
D. Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not.
E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.
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F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest}, including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's vesting instructions. The recording document shall contain Buyer's post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. Buyer shall receive a "ALT A Homeowners Policy of Title Insurance" or equivalent policy of title insurance, if applicable to the type of property and buyer. Escrow Holder shall request this policy. If a ALTA Homeowner's Policy of Title Insurance is not offered, Buyer shall receive a CL TA Standard Coverage policy unless Buyer has chosen another policy and instructed Escrow Holder in writing of the policy chosen and agreed to pay any increase in cost. Buyer should consult with the Title Company about the availability, and difference in coverage, and cost, if any, between a ALTA Homeowners Policy and a CLTA Standard Coverage policy and other title policies and endorsements. Buyer should receive notice from the Title Company on its Preliminary (Title) Report of the type of coverage offered. If Buyer is not notified on the Preliminary (Title) Report or is not satisfied with the policy offered, and Buyer nonetheless removes the contingency for Review of the Preliminary Report, Buyer will receive the policy as specified in this paragraph.
14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR-B, CR-S or CC).
A. SELLER DELIVERY OF DOCUMENTS: Seller shalt, within the time specified in paragraph 3N(1), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified in paragraphs 7A, 98(6), 10, 11A, 118, 11C, 11D, 11H, 11K, 11L, 11M, 11N, 13A, 13C, and 28.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, Reports, lease documents to be assumed by Buyer pursuant to paragraph 98(6), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Other Disclosures Delivered by Seller in accordance with paragraph 11. (2) Buyer may, within the time specified in paragraph 3L(3), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests (C.A.R.
Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement. (3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed}, Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR-B or CC). However, if any report, disclosure, or information for which Seller is responsible, is not Delivered within the time specified in paragraph 3N(1), then Buyer has 5 Days after Delivery of any such items or the times specified in paragraph 3L, whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency but there may be a right to terminate for a subsequent or amended disclosure under paragraph 11G.
(4) Continuation of Contingency: Even after the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 14C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of contingency is Delivered to Seller before Seller cancels, Seller may not cancel this Agreement based on that contingency pursuant to paragraph 14C(1).
C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required by paragraph 30{1) or 30(2) or if the funds deposited pursuant to paragraph 30(1) or 30(2) are not good when deposited; (ii) Deliver updated contact information for Buyer's lender(s) as required by paragraph 5C(3); (iii) Deliver a notice of FHA or VA costs or terms, if any, as specified by paragraph 5C(4) (C.A.R. Form RR); (Iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (v) Deliver a letter as required by paragraph 6B; (vi) In writing assume or accept leases or liens specified in paragraph 8G; (vii) Return Statutory and Other Disclosures as required by paragraph 11F; (viii) Cooperate with the title company's effort to comply with the GTO as required by paragraph 13E; (ix) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 5A(2) and 29; (x) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 28; or (xi) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses arready paid by Escrow Holder pursuant to this Agreement prior to Seller's cancellation. (3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES: Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing.
D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES: If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP}, may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Buyer's cancellation. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1) or Setler has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing. r '7 ln 7 (=)
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E. NOTICE TO BOYER OR SELtER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be In writing; (ii} be Signed by the applicab1e Buyer or Seller; and (iii} give the other Party at least 2 Days after Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.
F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i} completed all Buyer Investigations, and review of Reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non-delivery of any Reports, disclosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. (2) REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i} satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iH) given up any right to cancel this Agreement based on such contingency.
G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (CAR.
Form DCE). The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the above timeframe, the DCE shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new DCE.
H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faMh or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified Cailifornia real estate attorney regarding this matter.
15. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.
16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (CAR. Form VP).
17. PRORATION$ OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, to third parties, HOA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any HOA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special or emergency assessments that are due after Close Of Escrow. Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii} for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.
18. BROKERS AND AGENTS:
A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. If Seller agrees to pay Buyer's Broker (see paragraph 3G(3)), Seller shall be entitled to a copy of the written portion of the compensation agreement between Buyer and Buyer's Broker identifying the compensation to be paid. See CAR. Form SPBB for further information.
B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas, of the Property or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x} Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity.
Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from apprt iat1 rofessionals. ~
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19. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3R, 4A, 4B, 5A(1-2) 5D, 5E, 10B(2)(A), 108(3), 10C, 11H, 11L(2), 13 (except 13D), 14H, 17, 18A, 19, 23, 25, 27, 28, 32, 33, and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A or paragraph 3 of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).
The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.
B. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified in paragraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 3, 8, 10, 11, or elsewhere in this Agreement.
C. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 11H, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11 H.
D. Agents are not a party to the escrow, except for Brokers for the sole purpose of compensation pursuant to paragraph 18A and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in either of those paragraphs is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement.
E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F. Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraphs 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the follow.ing, Escrow Holder shall immediately notify each Agent: (i) jf Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.
G. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.
20. SELECTION OF SERVIC'E PROVIDERS: Agents do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
21. MULTIPLE LISTING SERVICE ("MLS"): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, "Images") or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow; (ii) California Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.
22. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 30A.
23. ASSIGNMENT/NOMINATION: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee shall deliver a letter from assignee's lender that assignee is prequalified or preapproved as specified in paragraph 6B. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (CAR. Form AOAA). Parties shall provide any assignment agreement to Escrow Holder within 1 Day after the assignment. Any nomination by Buyer shall be subject to the same procedures, requirements, and terms as an assignment as specified in this paragraph.
24. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws. l,OS f,DS r '7 (j) 7 G:rRPA REVISED 12/22 (PAGE 12 OF 16) Buyer's Initials 0 :-- _ .J L(_ ~- Seller's Initials ~ ___ ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT ANO JOINT ESCROW INSTRUCTIONS (RPA PAGE 12 OF 16) Produced with Lone Woff Transactions (zipForm Edition) 717 N Haiwood SL Su~e 2200, Dallas, TX 75201 www ,lwojf.com Klrstey - 1329 296
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25. DEFINITIONS and INSTRUCTIONS: The following words are defined terms m this Agreement, shall be in 1cated by m1t1al capital letters throughout this Agreement, and have the following meaning whenever used:
A. "Acceptance" means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent.
B. "Agent" means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B.
C. "Agreement" means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.
D. "As-ls" condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed.
E. "Authorized Agent" means an individual real estate licensee specified in the Real Estate Broker Section.
F. "C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the Parties.
G. "Close Of Escrow", including "COE", means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Del.ivery of a document evidencing the transfer of title for any non-real property transaction.
H. "Copy" means copy by any means including photocopy, facsimile and electronic.
I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11 :59 pm. For example, if a Notice to Buyer to Perform {CAR. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day "0" for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11 :59 pm on the last day for performance ("Scheduled Performance Day"). ( 4} After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or Legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday ("Allowable Performance Day"), and ending at 11 :59 pm. "Legal Holiday" shall mean any holiday or optional bank holiday under Civil Code §§ 7 and 7 .1, any holiday under Government Code § 6700. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed or any day that the lender or Escrow Holder under this Agreement is closed, the COE shall occur on the next day the Recorder's office in that County, the lender, and the Escrow Holder is open. (6) COE is considered Day O for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement.
J. "Day" or "Days" means calendar day or days. However, delivery of deposit to escrow is based on business days.
K. "Deliver", "Delivered" or "Delivery" of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means (I) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (Le. e-mail, text, other), or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to any of the designated electronic delivery addresses specified in the Real Estate Broker Section on page 16. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party. Links could be, for example, to DropBox or GoogleDrive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within 3 Days after Delivery of the link (CAR. Form RFR}. In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and Buyer opening, the document by link.
L. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Unless Otheiwlse Agreed, Buyer and Seller agree to the use of Electronic Signatures. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party.
M. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.
N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 32 or paragraph 33.
O. "Otherwise Agreed" means an agreement in writing, signed by both Parties and Delivered to each.
P. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
Q. "Sign" or "Signed" means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
26. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a Counter Offer or addendum. If at least one but not all Parties initial, a Counter Offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Sig.ned in two or more counterparts, all of which shall constitute one and the same writing. By signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety.
27. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. f=) RPA REVISED 12/22 (PAGE 13 OF 16) Buyer's Initials [A:: ,. } [c \?----. Seller's Initials (J.P J / --- ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 13 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood S~ Suite 2200, Dallas. TX 75201 www tNott ppm Klrstey- 1329 297
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5 ~~~t:,1~~3:,;so;e0 Date: August 12, 2023
28. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 32 or 33 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and (ii) shall Deliver to the other Party and Escrow Holder, within the time specified in paragraph 3N(5), evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code§ 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
29. LIQUIDATED DAMAGES (By initialing in the space below, you are agreeing to Liquidated Damages):
If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARA.TE LIQUIDATED DAMAGES PROVISION INCO~ TING THE INCREASED DEPOSIT AS LIQUIDATED DA . ~S ( R/FORM DID). '1 q,
Buyer's Initials A-- · . f f. \L-· Seller's Initials r' I
30. MEDIATION:
A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the CAR Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties.
The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 318; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 31C; and (iii) Agent's rights and obligations are further specified in paragraph 310. These terms apply even if the Arbitration of Disputes paragraph is not initialed.
31. ARBITRATION OF DISPUTES:
A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985.
C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, provided the filing party concurrent with, or immediately after such filing makes a request to the court for a stay of litigation pending any applicable mediation or arbitration proceeding; or (iii) the filing ofa mechanic's lien.
D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing.
Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.
E. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." ,,°' r;.os c qq,]
Buyer's Initials! A,.;.:" . .JI f. \L.. Seller's Initials r' I RPA REVISED 12122 (PAGE 14 OF 16) su,,,.,, la•~• (Ac I ~• ~. SelleC, ,.,.,, [j.P] , ___ @ CALIFORNIA RESIDENT1IAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 14 OF 16} Produced with Lone Wo~ Transactions (zipForm Edition) 717 N Harwood St. Sutte 2200, Dallas, TX 75201 www !wolf com Klrstey - 1329 298
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5 ~i~~:.
1 E~3~.,o~0 Date: August 12, 2023
32. BUYER'S OFFER
A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified in paragraph 3C, the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent. Seller has no obligation to respond to an offer made.
B. D ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms.
(3} The name(s) of the Legally Authorized Signer(s) is/are: ___________ , _ _________ _ (4) If a trust, identify Buyer as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case#: __ _ Printed na 8th¥:l.ili44&:l ~_en_ K_r,_'s~ty~----------------------------- D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, _____ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
33. ACCEPTANCE
A. ACCEPTANCE OF OFFER: Seifer warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Seller accepts the above offer and agrees to self the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer.
Seller's acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below.
Seller shall return and include the entire agreement with any response.
Lllseller Counter Offer (C.A.R. Form SCO or SMCO) 0 Back-Up Offer Addendum (CAR. Form BUO) B. D Entity Sellers: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1 ) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. {2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: _____________________ _ (4) If a trust, identify Seller as trustee(s} of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case#: ___ _ C. The RPA has 16 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. SELLER SIG9J0~~ (S):
(Signature) By,11"&,{i ffin/W.,uJ_
Printed naA;:dfiS~l.1~~ -TofLos Banos J I p· I • IX Printed Name of Legally Authorized Signer: _ 0 _
5 _ 1 _ I
_
11_
I
_
8 _
I
r_o _ _______ Title, if applicable, _____ _
Date: -------
(Signature) By, __________ _ _______________ ____ Date: ______ _ Printed name of SELLER:--------------------------------- □ Printed Name of Legally Authorized Signer: _______ _______ Title, if applicable, _____ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA}.
OFFER NOT ACCEPTED: ___ / ___ No Counter Offer is being made. This offer was not accepted by Seller ____ (date) Seller's Initials
RPA REVISED 12/22 (PAGE 15 OF 16) @. Cl"'CfrNi,lll'<r
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 15 OF 16) Produced with Lone WolfTransactions (zipForm Edition) 717 N Harwood St, Su~e 2200, Dallas, TX 75201 WNW lwojfcom Klrst03• - 1329 299
ila9/e\.l~IKI i~~..._~2..4A1~~Sttffi:J;(AeB761-F514BF81 E8D3 Proµ~·my-Acr~. r.s--:t:TFfifffR 'AV-l!fiile, uos ra,os, (.;A YJOZO REAL ESTATE BROKERS SECTION:
1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.
2. Agency relationships are confirmed as stated in paragraph 2.
Date: August 12, 2023
3. Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Seller's Broker's proceeds in escrow, the amount specified in the MLS, provided Buyer's Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Seller's Broker and Buyer's Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (CAR. Form CBC). Declaration of License and Tax (CAR. Form DLT) may be used to document that tax reporting will be required or that an exemption exists.
4. Presentation of Offer: Pursuant to the National Association of REALTORS® Standard of Practice 1-7, if Buyer's Agent makes a written request, Seller's Agent shall confirm in writing that this offer has been presented to Seller.
5. Agents' Signatures and designated electronic delivery address:
A. Bu~ s>-sr~~e Firm "'K=e=lle=r---'Wi = il=lia=m=c:.. s..;;.; R=e=al=ty.__ ____ _ _ ________ Lie. # 01906461 12:5 By~ ~r.rf ~1,J, Robert Ruibal Lie. # ~0~19'"""4-'-38-'--0'""3 _ _ _ _ Date Bl B72U23 By 12FsAFB792914DA... Lie.# ________ Date ____ ___ _
Address 1451 Moffat Ave Suite 2 City Manteca State CA Zip ~9~53~3~6~--- Email robbruiba/@qmail.com Phone# ~C2~0=9~/5=5=9-~2=8~09~ - ---- - B More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (CAR. Form AM) attached.
More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (CAR. Form ABA) attached.
Designated Electronic Delivery Address(es) (Check all that apply):
Ix! Email above; Ix! Text to Phone# above; D Alternate: ____ _________ ____ ____ _ B. Selle~~mge Firm Century 21 Select Real Estate Lie. # 01912741 By I ~ ·- - 9Jttett Geneva Brett Lie. # -"- 0=12=2=3""" 54-'--'1'------ Date ___ ___ _ By L ans,202312:31 :42 AM GMT Lie. # Date - ------ - - ------- Address 1155 East Pacheco Blvd. City Los Banos State CA Zip ~93~6~3~5 __ _ Email [email protected] Phone# _ ____ ______ _
B More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (CAR. Form AM) attached.
More than one brokerage firm represents Seller. Additional Broker Acknowledgement (CAR. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent) (Check all that apply):
[JlEmail above; [Kr ext to Phone# above; D Alternate: ________________ _ _____ _ ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, D a deposit in the amount of$ ), Counter Offer numbers and , and agrees to act as Escrow Holder subject to paragraph 19 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions.
Escrow Holder is advised by that the date of Acceptance of the Agreement is Escrow Holder Escrow#
By Date
Address
Phone/Fax/E-mail
Escrow Holder has the following license number#
D Department of Financial Protelillon r d Innovation, D Department of Insurance, D Department of Real Estate. ~-
PRESENTATION OF OFFER: ~ I Seller's Brokerage Firm presented this offer to Seller on 08/15/2023 (date).
Agent or Seller Initials - -
Buyer's Initials [)k~ - 1. [~\L- - Seller's Initials IPI, © 2022, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership marl< which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics.
REAL ESTATE BUSINESS SERVICES, LLC. IJ Published and Distributed by:
• a subsidiary of the CALIFORNIA ASSOCIATION OF REAL TORS® c . 525 South Virgil Avenue, Los Angeles, California 90020 RPA REVISED 12/22 (PAGE 16 OF 16)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 16 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Haiwood St, Sutte 2200, Dallas, TX 75201 www lwoif com Klrstey - 1319 AM
300
FORM OF AFFORDABLE HOUSlNG RESTRICTION
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Los Banos
520 J Street
Los Banos, CA 93635
Attention: City Clerk
APN(s): 012-104-017
[SPACE ABOVE FOR RECORDER'S USE ONLY]
This document is exemptfrom Recording Fees pursuant
to Cal[fornia Government Code Section 6103 & 27383
AFFORDABLE HOUSING RESTRICTION REGARDING
FUTURE RESIDENTIAL DEVELOPMENT
(CALIFORNIA GOVERNMENT CODE SECTION 54233)
Jf ten (I 0) or more residential units are developed on the real property described on Exhibit "A'' attached hereto, then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be su~ject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the Califomia Government Code.
These requirements shall be restrictions running with the land and shall be enforceable against any owner who violates such restrictions and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (1), inclusive, of Section 54222.5 of the California Government Code.
Date:
CITY OF LOS BANOS, a municipal corporation
By:---------- -----
Name: ____________ _
Title: ______ ______ _
EXHIBIT ONLY -DO NOT SIGN
INSERT EXHIBIT "A" (LEGAL DESCRIPTION OF LAND)
IN SERT APPLICABLE ACKNOWLEDGEMENTS
-1-
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302
TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor & City Council Members
Josh Pinheiro, City Manager
October 4, 2023
SUBJECT: Measure V Citizens Oversight Committee Nomination TYPE OF REPORT: Agenda Item
Recommendation:
That the City Council nominate Michael Amabile as a candidate for the Measure V Citizens Oversight Committee.
Discussion:
Measure V - Merced County's transportation sales tax - was passed by voters in November 2016. Beginning April 1, 2017, the½ cent sales tax will be collected throughout Merced County for the next 30 years. As the Local Transportation Authority for Merced County, MCAG will administer the Measure V program.
The Measure V Transportation Expenditure Plan (Plan) requires MCAG to organize and staff a Citizens Oversight Committee. The purpose of the committee is to ensure that the measure program is implemented as outlined in the Plan. The committee will review financial and performance audits, reports from member agencies, annual receipts and other documents necessary to assess the program's consistency with the Plan.
Additional information can be found on their Measure V Oversight Committee website:
https://www.mcagov.org/319/Citizens-Oversig ht
ATTACHMENTS:
Measure V Citizens Oversight Committee Application
List of Measure V Citizens Oversight Committee Members
JP/Im
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304
MEASURE V CITIZENS OVERSIGHT COMMITTEE
Application for Appointment to Represent City of Los Banos Name: Michael Amabile
Home Address: 535 Jefferson Ave., Los Banos, CA 93635
Mailing Address {If different): _______________________ _ Phone: (home) 209.826.6688 (work) 209.826.4041 (mobile) 209.631 .9865 A. Are you a U.S. citizen of 18 years of age or older who resides in Merced County? (Yes/No) B. Are you a public employee at any state, county or local city agency, or an elected official at any level of government? (Yes/No)
C. Please respond to the following (attach a separate document if needed):
1. Commission/Committee Experience: What is your previous experience on a public agency commission or committee? Please also note if you are currently a member of any commissions or committees.
Now serving: Chair of D.L.A commission for Los Banos & Merced appointed by Govenor Brown Past served 12 years Mayor of Los Banos I 12 years Board 2 years chair MCAG 2 years Govenor Schwarzenegger Econmic Committee S.J. Valley 4 years Oversite committee Merced Community College Bond 6 years 1 year chair LAFCO
2. Statement of Qualifications: Provide a brief statement indicating why you are interested in serving on the Citizens Oversight Committee.
I would like to serve for the betterment of our county and it's cities.
3. Relevant Work or Volunteer Experience: Please list your current employer and relevant volunteer experience including organization, address, position and dates.
President of Westside Community Foundation 1999 to current. 1460 E. Pacheco Blvd., Los Banos, CA 93635 Currenty owner and operator of Espana's Southwest Bar & Grill 2006 to current, 1460 E. Pacheco Blvd., Los Banos, CA 93635
4. Bio or Resume: Please attach your biography or resume.
Born raised in Los Banos I AA degree Meced Community College I BA degree Fresno State Univercity I Married with 2 children Certification : I certify that the above and attached information is true and complete to the best of my knowledge.
Signature: __Michael _______ Amabile __________ Date: 09/19/2023 305
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306
CITIZENS OVERSIGHT
The 14 member committee was appointed by the t•ACAG Board to review expenditu,es and paymems through 1..-i easure V. The Citizens o versight Committee 1.,vm be meeting on a regular basis to review expendrtmes by local agenc,ie5. Meetings are open to the public and •will be noticed in the agenda center.
Additional iniorrnation about the coc and the appllcatton packet are ,:ii\iailaole here.
Name
isa Kayser-Grant
Vacant
Alexxis Rudich
Michelle Allison
Vacant
0 emetrios T.3tun
Vacant
Jim Cunningham
Ron Daugherty
Jennifer Vincen
oe Oliveira
Vacant
Vacant
Robert Tyler
Bike/Pedestrian or Transit
Building Industry
Agriculture lndustry
E'.hnlc Commun!
Priva1e Sector Employer
Audit. Finance or Budget Professional
Environmental Advocacy Group
County of Merced
City of Atwater
Cit~· of Dos Palos
City of Gustine
CiW of Livingston
City of Los Banos
City of l·Jle1ced
307
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308
rityof B OS . an:OS
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 29, 2023
Regarding: Notice of Public Hearing
Proposal: Cottage Food Operation #2023-03 - 436 N. Mercey Springs Rd.
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2023-03 for Yudit Romo Llanos at 436 N. Mercey Springs Rd., more specifically identified as Assessor's Parcel Number:
424-120-002.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, October 11, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
LOS BANOS
309
Cityof B . . Los ~· anos
• - -
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date:
Re:
Proposal:
September 29, 2023
Notice of Public Hearing
Site Plan Review #2022-10- Sunset Hills Development
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-10 for the development of a three (3) story mixeduse structure within the Mixed-Use Zoning District. The proposed project consists of fifteen (15) residential units and two (2) commercial units totaling 16,200 square feet located at 655 J Street; more specifically identified as Assessor's Parcel Numbers: 026- 053-008,021, & 022.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, October 11, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
310