CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Human Resources Department
Allison Picard
[email protected]
(510) 620-6600
Recruitments on an as needed basis.
The Byers Group
4712 Admiralty Way, Suite 206
Marina Del Rey, CA 90292
Brett Byers
(323) 403-8279
[email protected]
Sole proprietership
September 21, 2021
September 20, 2024
50,000.00
✔
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
The Byers Group
Human Resources Project Manager
Services will be provided as per attached proposal dated August 3, 2021 in response to the City of Richmond Executive Recruiter RFP dated July 14, 2021.
SCOPE OF SERVICES (from City of Richmond Executive Recruiter RFP):
• Create a candidate profile, appropriate and necessary selection criteria, selection process, timeline, and evaluation processes.
• Develop recruitment materials describing the vacancy, the City organization, and the community.
• Conduct a broad and thorough recruitment utilizing professional publications, and other advertising sources to attract the most highly qualified and diverse candidate pool possible, including direct contact with known qualified individuals.
• Acknowledge receipt of application materials and maintain communication with candidates throughout the recruitment process.
• Conduct the initial screening of all candidates’ applications.
• Develop a list of top candidates for presentation to the Human Resources Director and the City Manager.
• Assist in the selection of finalists.
• Prepare and recommend appropriate interview questions and evaluation tools.
• Conduct initial reference checks.
• Assist the City with coordinating all candidate correspondence, travel arrangements and record-keeping, on behalf of the City.
• Provide notification to all candidates not selected as finalists for the position.
• Provide periodic progress reports to the Director of Human Resources and participate in conference calls and/or onsite meetings as requested.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
The Byers Group
Allison Picard
Human Resources Department
Allison Picard
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
The Byers Group
The Byers Group
Allison Picard
4712 Admiralty Way, Suite 206
Marina Del Rey, CA 90292
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EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
The Byers Group
The City would negotiate the range of services to be provided by the firm versus City staff at the initiation of each recruitment.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
The Byers Group
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Contractor Release of Liability
For Workers’ Compensation Coverage
TO: City of Richmond
City Department: _______________________________________ Contractor’s Name: _______________________________________ Scope of Services: _______________________________________ I, ________________________, declare under penalty of perjury, that I am a sole proprietor, doing business as __________________________________.
As such, I do not employ any employees.
I fully understand that if I hire any employees during the term of this contract, that I must abide by the laws and regulations of the State of California regarding Workers’ Compensation insurance. At such time, I will provide the City of Richmond evidence of such Workers’ Compensation coverage in compliance with the terms of this contract.
Should I fail to secure Workers’ Compensation coverage as required by the State of California, I will defend and indemnify the City of Richmond for any damage resulting to it from my failure to take out or maintain such insurance.
It is further understood and agreed that this release and assumption of risk is to be binding on my heirs and assigns.
Print Name:________________________________________________ Signature:______________________________ Date:________________ The Byers Group
Executive Search/Recruitment Services
Brett Byers
The Byers Group
Brett Byers
August 23, 2021
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1
EXECUTIVE SEARCH SERVICES
SUBMITTED BY:
THE BYERS GROUP
4712 Admiralty Way, Suite 206
Marina Del Rey, CA 90292
(323) 403-8279
www.byersgroupca.com
August 3, 2021
CITY OF RICHMOND, CA
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 August 3, 2021
CONFIDENTIAL
Ms. Allison Picard
Project Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA
Via Email: [email protected]
Dear Ms. Picard:
In response to your Request for Proposals (RFP) to assist the City of Richmond with the recruitment and selection of candidates for the City's open senior, executive level, and highly specialized positions, The Byers Group is pleased to submit our proposal, which outlines our recruiting services and qualifications to assist the city with its respective executive search needs. I have reviewed the request, and I am confident in our ability to assist you and the City of Richmond with your recruitment and selection efforts.
The Byers Group is a California-based boutique management consulting firm specializing in executive search services. The Byers Group was f ounded by Brett Byers, who possess over 15 years of leading hundreds of executive- level search engagements in California and nationwide. Our team partners with public, private, not- for-profit, and educational organizations to achieve outstanding diversity and inclusion results while meeting the talent acquisition objectives of our clients while provide high quality service.
We have a solid public sector search practice and a solid footprint in recruiting top -level change agents and highly skilled transformational leaders to lead urban public agencies, municipalities, and special districts in California. Furthermore, we have a long -standing history of successfully recruiting top-notch leaders for Bay Area organizations, including the City of Oakland, City of Berkeley, City of San Bruno, City of Fairfield, and Contra Costa County.
Our search experience is national in scope and has resulted in placements of outstanding leaders from diverse backgrounds. Our experience allows us to maintain solid relationships and contacts with top -level governmental, non- profit, education , and private sector executives in most functional and geographical areas. We will leverage these relationships to ensure that we identify and recruit "top notch" talent on behalf of the City of Richmond.
The Byers Group is headquartered in Southern California. The office where this project will be managed is located at 4712 Admiralty Way, Suite 206, Marina Del Rey, California, and the phone number is 323 -403-8279. The Byers Group intends to perform the services as outlined, and we are willing to agree to the terms and conditions prescribed by the RFP.
Moreover, the proposal price will be valid for a period of at least 180 days.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279
I will be the direct contact during the RFP review process and will personally lead our firm's recruitment efforts on behalf of the City of Richmond. The recruitment will also be staffed by s earch consultants who will work closely with me to identify, recruit, and evaluate candidates for your respective open positions. Please be assured that the total resources of our firm will be employed on behalf of the City. Please feel free to contact me at 323-403- 8279 should you have any questions or need additional information.
We appreciate the opportunity to submit this information and look forward to working with the City of Richmond.
Sincerely,
Brett Byers
Founder and CEO
The Byers Group
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 B. BACKGROUND AND PROJECT SUMMARY SECTION:
What we propose to offer the City of Richmond are an array of talent acquisition and talent development services that address your needs to identify, attract, and develop "top notch" talent for future senior, executive level , and challenging to fill positions. We will work in collaboration with the City Manager, HR Team, and other staff , and key stakeholders to ensure that we understand the City 's human capital needs and apply our proven talent acquisition techniques as your strategic talent acquisition partner.
C. SEARCH METHODOLOGY
The Byers Group executive search team members are experts in finding the best fit for our clients while ensuring a positive candidate experience and the integrity of the search process. Outlined below are the steps we in our well defines search process:
1. CLIENT CONSULTATION & DISCOVERY
Our understanding of our client partner's organization and talent needs is key to a successful search process. The Byers Group begins each search engagement with a meeting with the City Manager, the HR Team, and key stakeholders identified by the client to learn as much as possible about its mission, personality, values, and organizational culture. During this phase, a review of organizational structures, executive team backgrounds , operational functions, official and unofficial lines of authority, and responsibility are conducted. We also discover the organization's plans and programs, perceived strengths and weaknesses, and the political climate. The status of potential internal candidates will also be explored.
Perceptions about the organization's stature and attractiveness to potential candidates are essential to developing an excellent organizational profile. The organization's advantages and negative factors, which may aid or hinder recruitment, will be thoroughly assessed.
This initial phase becomes the foundation for developing a solid partnership and effective working relationship with our client partners and The Byers Group.
2. CANDIDATE PROFILE DEVELOPMENT
In discussions with the City Manager, HR Team, and various stakeholders, The Byers Group works to identify, establish and agree on the appropriate core competencies, personal and professional attributes, and necessary experience for the candidate to be successful. After all the stakeholder engagements are completed, The Byers Group will review the current job description, provide recommendations for changes as well as use any additional organizational materials as appropriate and develop a recruitment profile. The Byers Group prepares the recruitment profile from information provided by officials who have strategic relationships with the position to be filled. The recruitment profile includes a clear description of the recruitment criteria, which serves as a profile for the ideal candidate. This position profile must consist of realistic requirements and experience levels because it is the standard against which potential candidates are recruited and evaluated. The Byers Group will work with the client and the human resources team to develop an outreach strategy (advertisements, postings, and mailings) to ensure that the opening is well -publicized and that interested individuals are able to apply. We will also work with the client to determine the appropriate levels of compensation based on the current market to ensure that the best candidates are attracted to the oppor tunity. Lastly, The Byers Group will finalize the recruitment approach, work plan, and timeline during this step in the search process.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279
3. DEVELOP SEARCH STRATEGY, OUTREACH & ADVERTISING CAMPAIGN AIMED AT
ATTRACTING THE MOST QUALIFIED CANDIDATES
Since the strongest candidates with the most desired qualities are successful and content in their current positions and not usually actively looking to make a change, they must be recruited. An effective strategy is vital to successful recruitment, and we work closely with the client in developing a national search strategy. We will work with the client to identify appropriate candidates to target and establish organizations as sources of candidates and geographical preferences.
During this phase, the objective is to begin identifying and developing a strong pool of candidates. In addition to the traditional advertising through local, regional and national journals, professional and industry publications, we use various candidate solicitation methods, including direct sourcing based upon industry research that includes social media, internet searches, contacts with key professional thought leaders in the field, peer to peer referrals, our candidate database, and extensive network of contacts with relevant professional associations to identify and nominate candidates.
4. CANDIDATE RECRUITMENT & PRELIMINARY SCREENING
The Byers Group employs a private sector-direct sourcing approach in locating and directly contacting candidates who meet the ideal candidate profile, position specifications and have established patterns of accomplishments and success. Potential candidates and sources of candidates, identified through direct sourcing, are actively recruited and personally invited to become candidates and/or solicited as referral sources. The Byers Group will review and acknowledge in writing all resumes received. Once the candidate pool is established, all qualified candidates, both internal and external, will be evaluated based on the job requirements for the position. Reports are prepared and reviewed with the client to select the most appropriate candidates for further consideration.
5. EVALUATION & PRESENTATION OF FINAL CANDIDATES
The Byers Group conducts in -depth interviews, usually in person, to ascertain a comprehensive understanding of each p otential final candidate's strengths and limitations, and to determine their overall suitability as a member of the client's management team. The top 6-10 candidates are presented to the client during this phase and selected for additional consideration. The goal is to formulate a comprehensive understanding of their background, i.e., qualifications, pertinent accomplishments, experience, ability to meet the position's particular needs, and interest in being considered.
The Byers Group conducts preliminary professional 360-degree reference checks to include job performance, qualifications, and personal history. The 360 -degree reference/background investigation includes people supplied by the candidate and individuals identified by the consultant who are in a position to give candid , non-bias impressions. We also conduct thorough internet and media searches and utilize other sources to ascertain career accomplishments/awards or controversies/problems that may impact the candidate's performance. Background investigations include criminal, civil, and driving records, degree verifications, and professional certifications are checked on all final candidates through an independent employment screening firm. The most qualified DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 candidates are selected for presentation to the client. We will prepare a recruitment report which will detail each candidate's background, experience, education, and accomplishments.
Reference summaries are provided to inform the decisions around the final selection.
Throughout this pha se, The Byers Group will provide continuous input regarding the final candidate(s) assessment.
6. CLIENT INTERVIEW FACILITATION
The Byers Group will meet with the client to discuss the pool of top candidates and select the candidates for interviews. The Byers Group works closely with the client, human resources, and final candidate(s) to arrange, schedule, and facilitate personal interviews with the top candidates. We prepare and provide the interview handbooks, suggested interview questions, and rating forms. Additional selection processes such as leadership and personality assessment centers, psychological evaluations, and interview boards are available options. Lastly, The Byers Group search team participates in facilitating the interview day and guides discussions to build consensus in selecting the final candidates.
7. ASSISTANCE WITH OFFER NEGOTIATIONS
While the hiring decision is always the client's, we are prepared to assist with offer negotiations relative to terms and conditions of employment.
8. CANDIDATE & CLIENT FOLLOW-UP
After the executive is hired , our search team meets with the client to evaluate the overall executive recruiting strategy. Our strengths and the level of client satisfaction are assessed, along with those areas needing improvement. In addition, we periodically communicate with the hired executive to identify any areas of concern and to ensure a lasting relationship.
Throughout the search process, we maintain a close Client-Consultant working relationship which includes periodic progress reports.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279
CITY OF RICHMOND
EXECUTIVE SEARCH TIMELINE
Overview of Proposed Tasks and Timeline
Proposed Tasks Proposed Timeline
1. Initial meeting with the City Manager, HR
Team, and search consultants. Discuss core
competencies and recruitment parameters for
the position. Develop search strategy.
Week 1
2. Interview other key stakeholders as
identified.
Week 1-2
3. Present work plan, including a detailed
timeline. Finalize recruitment
profile/brochure and job posting plan.
Week 2-3
4. Candidate research and recruitment by
search consultants (6 weeks).
(Search Team meeting at mid-point of this
phase).
Week 4-10
5. Preliminary candidate screening. Prepare
and submit initial recruitment report to the
client. Meet with client to select top 6-10
candidates.
Week 11-12
6. Shortlisted candidate evaluations by search
consultants.
Week 12-14
7. Presentation of Recruitment Report to the
client to include top (5-7) candidates for
consideration for on-site interviews. The
client selects the top 4-6 candidates for
interviews.
Week 14
8. Semi-final candidates participate in on-site
interviews with the client interview panel
(consultants provide suggested interview
questions). Final candidates selected.
Week 15
9. Top candidates participate in final interviews
with City Council. The final candidate
selected for salary negotiation and final
referencing.
Week 15
Adjustments May Be Made To This Timeline As Needed
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279
D. STAFFING
The Project Team consists of Brett Byers, Christine Boulware, and Cary Jordan. The team has over fifty (50) years of combined experience in conducting national executive searches with a consistent commitment to service, diversity, equity and inclusion, professionalism, and positive results. We work as a search team on every search. Brett Byers will serve as the Project Lead and the search engagement is be staffed by team members.
Brett Byers, Founder & CEO
Brett Byers has placed hundreds of C -suite and executive leaders in top -level positions.
Byers has over two decades of experience and utilizes her elite skills and supreme capability to effectively connect the country 's executive leaders and evoke significant change within private and public organizations. She has a proven track record of partnering with organizational/institutional leaders and building cohesive professional teams. Byers embodies diversity, equity , and inclusion and measures this as a driving force of her work and the firm's work.
Before The Hawkins Company, Ms. Byers - EXCELLED in management with the world's Largest Human Resources and staffing firm, where she partnered with major clients in the media, entertainment, social media, telecommunications, financial services, and real estate industries. For the last 11 years, Byers served as the Managing Director and then Executive Vice President of The Hawkins Company. At this executive search firm, she led many of the firm's challenging and high-profile search engagements. She crafted human capital strategies to achieve performance targets and exceeded growth expectations within new and existing clients. This stellar work propelled her instinctive ability at uncovering her client' s needs and influencing their development of talent pipelines to ensure business goal achievement and long-term success.
Byers began her professional career with the organization gaining extensive experience in diversity recruitment and career coaching. In addition to her executive search consulting experience, Ms. Byers has also served as the Programs, Marketing and Communications Director for the Black Business Association, one of the oldest ethnic trade associations, where she created and implemented programs and provided resources to facilitate the growth, development, and capacity building of current and futur e generations of African American owned businesses. The nationally acclaimed INROADS program (named one of the Top 10 internship programs in the United States) credits Byers as one of their own.
Ms. Byers is a graduate of the University of California, Ber keley, prestigious Haas School of Business. She is actively involved with recruiting students of color for the university and continues to develop the talent that comes through the INROADS program on campus, boldly impacting, enriching, and increasing their quality of life.
Ms. Byers will serve as project manager, help develop the search strategy, participant in candidate recruitment and evaluation, and assist with the final selection process.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 Christine Boulware
Chris Boulware is an executive search consultant to The Byers Group and has over 20 years of experience in executive search and six years of senior -level financial management experience in state government. She has recruited newly elected Mayors, governors and staffed cabinet- level offices for the White House. Her areas of expertise include advocacy groups, education, health organizations, human services, transportation, and governmental and quasi-governmental leadership roles. Ms. Boulware also has extensive experience in the areas of finance, public policy, human resources , banking, economic development, engineering, administration, and operations. She also possesses extensive exper tise recruiting executive talent for social justice causes , including educational equity, criminal justice reform, housing, environmental and health disparities.
Before becoming a professional executive recruiter, Ms. Boulware served in key fiscal and managerial roles with the Commonwealth of Massachusetts for five year s. She served as a Senior Budget Analyst with the Massachusetts Bureau of Fiscal Affairs and, subsequently, as Co-Budget Director for the Massachusetts Department of Social Services. In this latter capacity, she was responsible for administering a $226 million budget for the Department of Social Services. She also staffed this newly created department's budget office and developed policies consistent with the gubernatorial agendas and state administrative policy. In 1992, Ms. Boulware served as an active member of President Clinton's first-term transition search team. She has a bachelor's degree in Political Economy from Sweet Briar College in Virginia.
Ms. Boulware will oversee the direct recruitment solicitation and candidate screening process. She will assist in designing the collateral material, manage the client communication process, and participate in candidate screenings and evaluations.
Cary Jordan
Cary Jordan is an Executive Search Consultant with The Byers Group with fifteen years of Human Resources experience combined with an intuitive skill for assessing individual talent and organizational needs. He is a results -driven Human Resources professional with extensive experience supporting various industries across the US in rapidly growing and transforming business environments, with a specialized focus on strategy, executive recruitment, talent acquisition, workforce diversity, and leadership development. He has conducted a multitude of searches across a variety of corporate functions: Human Resources, Legal, Marketing, Business Development, Account Management, Finance, and IT for Platform Learning Inc., Time Warner Inc., and most recently, Live Nation. Cary Jordan enjoys partnering with clients and candidates to help them find the right fit.
Cary has a keen ability to identify exceptional candidates. His perseverance and ability to understand each client's needs have allowed him to complete complicated searches successfully. His talent lies in separating excellence from mediocrity and delivering only the most prolific impact players to clients. Cary serves as a strategic partner for his clients by evaluating leaders' intangible assets that make them unique to each organization's culture.
Cary has a Bachelor of Arts Degree in English from Morehouse College in Atlanta, Georgia.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 Mr. Jordan will oversee the direct recruitment solicitation and candidate screening process.
She will assist in designing the collateral material, manage the client communication process, and participate in candidate screenings and evaluations.
E. FIRM QUALIFICATIONS
Founded by Brett Byers with over 15 years of leading hundreds of executive- level search engagements on behalf of public, private, non -profit, and educational organizations, The Byers Group was established in 2020 and provides top-notch talent acquisition services that are results-driven and positively impact the client organization. Members of our team have been performing and providing executive search services for over 50 years. We are pleased with our team's track record of successfully assisting public agencies in recruiting top -level senior executives. Our team has collectively represented and partnered with a variety of public sector organizations. Below is a partial list of executive and department management levels searches that members of our team have conducted over the past five years:
Client Position
Bay Area Air Quality Management
District, San Francisco, CA
Deputy Executive Officer – Policy & Equity, 2020
Search Engagement Lead by Brett Byers
City of Austin, TX Chief Equity Officer, 2016
Search Engagement co-lead by Brett Byers & Christine
Boulware
City of Asheville, NC
Equity & Inclusion Manager, 2017
Search Engagement Lead by Brett Byers
City of Berkeley, CA Manager of Mental Health , 2014
Manager of Public Heatlth, 2016
Director of Health Housing & Community Services,
2015
Deputy City Manager (2), 2019
Human Resources Director, 2018
Planning Director, 2021
All Search Engagements Lead by Brett Byers
City of Fairfield, CA Director of Housing Services, 2020 Search Engagement Lead by Brett Byers
City of Napa, CA Human Resources Director, 2020
Search Engagement Lead by Brett Byers
City of Oakland, CA Director of Race & Equity, 2015
Director of Planning & Building, 2017
Director of Housing & Community Development,
2019
Head Start Manager, 2017
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 Community Housing Services Manager, 2017
Assistant City Administrator (2), 2018 & 2019
Chief Curator, 2019
Director of Library Services, 2019
Chief of Violence Prevention, 2018
All Search Engagements Lead by Brett Byers
City of San Bruno, CA Assistant City Manager/Chief People Officer, 2020 Community Services Director, 2020
All Search Engagements Lead by Brett Byers
City of Santa Monica, CA Director of Library Services, 2016 Assistant City Manager, 2017
Deputy City Manager, 2017
City Architect, 2018
Chief People Officer, 2018
Human Resources Manager, Labor Relations, 2018
Human Resources Deputy Director – Special Projects,
2019
All Search Engagements Lead by Brett Byers
Contra Costa County, Martinez,
CA
Workforce Services Director, 2019
Search Engagement Lead by Brett Byers
Detroit Future City, MI Executive Director, 2015
Search Engagement co-lead by Brett Byers & Christine
Boulware
King County Regional
Homelessness Authority, Seattle,
WA
Chief Executive Officer, 2021
Search Engagement co-lead by Brett Byers & Christine
Boulware
Los Angeles County, Los Angeles,
CA
Chief Probation Officer, 2021
Search Engagement co-lead by Brett Byers & Christine
Boulware
Los Angeles Department of Water
& Power, Los Angeles, CA
Chief Diversity Equity & Inclusion Officer, 2021
Search Engagement Lead by Brett Byers
Port of Oakland, CA, CA
Workforce Development Manager, 2019
Search Engagement Lead by Brett Byers
Vallejo Flood & Wastewater
District, CA
Human Resources Director, 2019
Finance Director, 2019
Search Engagement Lead by Brett Byers
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 Youth Ventures Joint Power
Authority, Oakland, CA
Chief Executive Officer, 2016
Search Engagement Lead by Brett Byers
DIVERSITY RECRUITING
The Byers Group is a general practice executive search firm specializing in diversity and inclusion. Our firm has a demonstrated track record for our ability to successfully recruit, identify, and place people of color and women. Identifying diverse talent is not only a value add for our clients, but it is also a company value that we personify. We are proud to say that we present a widely diverse slate of candidates in each search that we conduct. Diversity is represented through candidates, race, gend er, age, generation, sexual orientation , and thought. Of the candidate placements highlighted above, 80% are the executives are women or people of color. Finally, due to our reputation, cultural competence, and authentic approach, diverse candidates are receptive to us . They know that we are genuine, which engenders trust throughout the search process.
CLIENT REFERENCES
F. COST INFORMATION
The professional fee for conducting senior and executive -level recruitments will vary based on the scope and complexity of each assignment. The fee will range between $27,000 - $40,000 plus approved expenses. Expenses can range from a not -to-exceed amount of $5,000 - $7,000, depending on the scope and complexity of the assignment.
REFERENCE #1
Contact Person Jovan Grogan
Company Name City of San Bruno & City of Berkeley
Phone Number 650-616-7056
Email [email protected]
REFERENCE #2
Contact Person Dee Williams-Ridley
Company Name City of Berkeley
Phone Number 510-981-7004
Email [email protected]
REFERENCE #3
Contact Person Sabrina Landreth
Company Name East Bay Regional Parks District
Phone Number 415-317-1555
Email [email protected]
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279
Labor Costs
The following cost proposal table
illustrates the anticipated number of
hours to perform the various tasks for
this recruitment.
B. Byers
$150/hr.
C. Boulware
$100/hr.
C. Jordan
$100/hr.
Total
Hours &
Costs
Task/Phase
1. Recruitment analysis, client
meetings, and stakeholder
engagement, profile development, ad
placements, develop and finalize
recruitment strategy, work plan, and
search timeline.
45hrs
$6,750
15hrs
$1,500
15hrs
$1,500
75hrs
$9,750
2. Candidate research, recruitment,
screening, and report preparation.
33hrs
$4,950
56.5hrs
$5,650
56.5hrs
$5,650
146hrs
$16,250
3. Candidate evaluations, interviews,
background investigations, final
report, client interviews and selection.
40hrs
$6,000
15hrs
$1,500
15hrs
$1,500
70hrs
$9,000
Total Hours & Labor Costs
118hrs
$17,700
86.5hrs
$8,650
86.5hrs
$8,650
291hrs
$35,000
We are reimbursed for approved expenses such as approved consultant travel/lodging (once travel restrictions are lifted), candidate assessments, candidate interview expenses, report preparation/clerical support , advertising/postings, research, social media , and profile development. Travel costs may increase once travel restrictions are lifted.
It is our policy and practice to bill our professional fee in three (3) equal installments. The initial fee installment will be rendered upon signing a letter of agreement/contract. The second installment is rendered after the delivery of our recruitment report. The final installment will be billed once the final candidates are interviewed. Consultant' s fees are not contingent upon the client hiring a candidate. The consultant shall continue recruiting and presenting candidates until a suitable individual is selected and hired by the client. R eimbursable expenses are billed monthly, on the assignment, as incurred. Any candidate travel is billed directly to the client.
Should the employee leave voluntarily or be discharged for cause within one year, we will search again for expenses only. Additionally, should your organization hire additional candidates referred by The Byers Group in conjunction with this assignment, a fee of $10,000 per candidate will be charged. As project work may occur over three years, the proposed rates are fixed for this entire time frame.
G. VALUE-ADDED SERVICES
STAKEHOLDER/COMMUNITY ENGAGEMENT
Depending on the position, it may be imperative for the City to holistically engage the community and critically invested stakeholders to develop a comprehensive understanding of the position, the community and stakeholder expectations of the new leader, and the ideal DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1 Ms. Allison Picard
City of Richmond
4712 Admiralty Way, Suite 206 • Marina Del Rey, CA 90292 • (323) 403-8279 candidate profile. At times it may be crucial to ensure buy -into new leadership , and a comprehensive community engagement process can be the vehicle to achieve that goal. In launching a community engagement process, we are prepared and have conducted town halls, open forums, employee listening sessions , and surveys to seek feedback from the community and/or staff.
The fee for facilitating a formal community engagement process is $3,000 plus expenses.
Additionally, the hourly rate at which the City would be billed for any additional services that the City might request is $350/hr.
H. CONTRACTOR ASSIGNMENT OF SUB-CONTRACT – Not applicable
I. PREVIOUS CONTRACTS WITH THE CITY OF RICHMOND – NONE
J. EXCEPTIONS TO THIS REQUEST FOR PROPOSALS
The Byers Group has no exceptions to this RFP.
K. STATEMENT OF IMPARTIALITY AND DISCLOSURE
The Byers Group is not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to be in conflict with the City of Richmond's interests. The Byers Group does not have any pending or active investigations or litigation that may affect the reputation or ability to carry out the Project.
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1
CITY OF RICHMOND
Sanctuary City
ComplianceStatement
Vendor SCCO Compliance Statement (Augt2020)
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or SCC ). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security ( IC ).
Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. Extreme Vetting means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
The Byers Group
20th August 21
Marina del Rey
Brett Byers Founder/CEO
08/20/2021
The Byers Group
DocuSign Envelope ID: 0CE44CAA-1BEC-4C74-AAFB-0B6439DCB8E1