PROFESSIONAL CONSULTANT SERVICES AGREEMENT
RALPH ANDERSEN & ASSOCIATES
(City Managsr Recruitment)
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this day of 2A22 ("Effective Date"), by and between the CITY OF R[VERSIDE, a California charter city and municipal corporation (*Ciqf'), and RALPH ANDERSEN & ASSOCIATES, a California corporation ("Consultant").
1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "{" 'oScope of Services" ("Services'), attached hereto and incorporated herein by reference, in conjunction with the recruitment and evaluation of candidates for the position of City Manager ("Project').
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect until December 31, 2022,unless otherwise terminated pursuant to the provisions herein.
3. CompensationlPayment. Consultant shall perform the Services under this Agreement for the total sum not to exceed Forty-Four Thousand Seven Hundred and Fifty Dollars ($44,750.00), payable in accordance with the temrs set forth in Exhibit o'8." Said payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Noticcs. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City To Co$sul.tant
Human Resources Department
City of Riverside
Affn: Amalia Perez
3900 Main Street
Riverside, CA 925A1
Ralph Andersen & Associates
Attn: Heather Renschler
5800 Stanford Ranch Ro&d, Suite 410
Rocklin, Californi n 957 65
I
5. Prevailing lYage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of lndustrial Relations under Section 1720 et seq. of the Califomia Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director's determination is available on-line at $,rv$,.dir.ca.gov/dlsrlDPre_WageD.etermination.htm and is refemed to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Departnent Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administator.
7. Standard of Performance. While performing the Serviceg Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall fumish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "C' attached hereto and incorporated herein by this reference and assigned to perform portions ofthe Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the pmties in writing or caused by hardship or resignation in which case substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall assign any righ! interest, or obligation in or under this Agreement to any other entity without prior written consent ofthe other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreemenl in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, atthe Crty's sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior wriuen approval by the responsible City Conhact Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, includingwithout limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as offlicers or employees of the City of Riverside. Consulant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 1L
1 1. Indemnification.
11.1 Design Professional Delined. For purposes of this Agreement, "Design Professional" includes the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entrty offering professional engineering services in accordance with that chapter.
D. Afl individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entrty offering professional land surveying services in accordance with that chapter. ll.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to prompt$ defend the City, and the City's employees, officers, managers, agents and council members (collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Conzultant or for services rendered to the Consultant in the performance of the Agreement notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indernnified Parly. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant's professional negligence based on the percentage of Consultant's liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Seryices under this Agreement.
11.3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultantos services, to the fullest extent permitted by law, Consultant shall indemnifr, protect and hold harmless the City and the Ciry's employees, officers, managors agents, and Council Members (*Indemnified Parties') from and against any and all claim for damage, charge, lawsuito action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expeit fees), judgmenq civil fines and 3 penalties, liabilities or losses of any kind or nature whatsoever to the extent the same arise out ofl per&ain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance ofthe Agreernent, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Parly.
Ll.4 Defense Obligation For Other Than Ilesign Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employeeg officers, managers, agents and council members (collectively the "Parties to be Defended') from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: l) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant, or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury. Conzultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability. Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemniS, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cos! expense (including counsel and expert fees), judgment civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, worh activities, operations or duties of the Consultant, or ailyone employed by or working under the Consultant or for services rendered to Consultant in the performance of this Agreement notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessnesq or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
l2.l General Provisions. Prior to the City's execution of this Agreemento Consultant shall provide satisfactory evidence o{ and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the CiE's Risk Manager or Crty Attorney, or a designeeo unless such modification is prohibited by law.
4 l2.l.l Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of W or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to Crty by certified or registered mail, postage prepaid.
t2.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense.
12.2 \ilorkers' Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code ofthe State ofCalifomia requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement Consultant shall file with City either 1) a certificate of insurance showing that such insurance is in effect, orthat Consultant is self-insured for such coverage, or 2) a certified $atement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.
12.3 Commercial General Liabitity and Automobile Insurance. Prior to City's execution of this Agteement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies.
12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractoros liability, personal iqiury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 5 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leassd vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City's execution of this Agreement copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its offrcers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City ofRiverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 The insurance policy or policies shall also comply with the following provlsloils
a. The policy shall be endorsed to waive any right of subrogation against the Cify and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the seryices, The retroactive date of coverage must also be listed.
c. The policy shall speciff that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No.
CG 200rc413 shall be provided to the City.
12.4 Errors and Omissions Insurance. Prior to Crty's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement errols and omissions professional liability insurance in the minimum amount of S1,000,000 to protect the City from claims resulting from the Consultant's activities.
12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount suffrcient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope ofwork and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissioils, and Automobile liability. 6 Upon City's reques! Consultant shall provide City with satisfactory evidenoe that Subcontractors have obtained insurance policies and coverages required by this section.
13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term ofthis Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this Agreement.
15. City's Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the koject. If the City is required to employ another consultant to complete Consultant's worlg due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement the City reserves the right to seek reimbursement ftom Consultant.
16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years &om the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, wriffen information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Crty's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia photographs ofthe Project, or any publicity pertaining to the Services or the Project in any magazine, tmde paper, newspaper, television or radio production, website, or other similar medium without the prior written consent ofthe City.
18. Ownership of I)ocuments. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City. Consultant shall not release to others information furnished bV CiE without prior express written approval of City.
19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title and interest in the copydght in such worlq and all extensions and renewals thereof, to City, and agrees to provide all assistance rcasonably requested by City in the establishment preservation and enforcement of its copyright in such worh such assistance to be provided at City's expense 7 but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights ofapproval, restriction or limitation on us€ or subsequent modifioations.
20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "C," represents and warrants that by the execution of this Agreemenf they have no interest, present or contemplated, in the Project affected by the above-described Services.
Consultant further warmnts that neither Consultant, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affeoted by this project or, alternatively,tl:ort Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu ofthose remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any frilure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing.
Consultant furttrer represents and warrants that the services provided herein shall conform to all ordinances, policies and practices ofthe City of Riverside.
23. \Maiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded Crty under this Agreement, nor shall any such action or frilure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amenduents. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
25. Termination. City,by notifting Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the 8 termination date, City shall consider completed worlq work in progress and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated bolow, City shall give Consultant thirty (30) days' prior written notice prior to termination.
25.2 Crty may terminate this Agreement upon fifteen (15) days' written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or pos@one the Project.
26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the Clty, Clty reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the Crty, Clty will hold such disputed amount uiltil either the appropriate appeal process has been completed or until the diqpuk has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its perrnitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as othenvise provided in paragraph 9 of this Agreement.
28. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, Counfy of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account ofthe breach ofany term or condition ofthis Agreement, it is mutually agreed that each party will bear their own attorneyos fees and costs.
29. Nondiscrimination. During Consultant's performance of this Agreement Consultant shall not discriminate on the grounds of race, religious creed, color, national origtn, ancestry, age, physical disability, mental disability, medical conditiorg including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran status, in the selection and retention of employees and subconhactors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the perfoflnance of this Agreement.
30. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, I
term, condition, covenant and/or restriction, in whole and/or in part, of this Agreeme,lrt is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and,/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement ofthe terms ofthe agreement between the parties pertaining to the subject matt€r ofthis Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product ofmutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter ofthat documento shall have no application to the interpretation and enforcement of this Agreement.
33.1 Titles and captions are forconvenience ofreference only and do not define, describe or limit the scope or the intent ofthe Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise.
33.2 ThisAgreement shall be govemed by and construed in accordance with the laws of the State of Califomia in effect at the time of the execution ofthis Agreement.
33.3 In the event of a confliot between the body of this Agreement and Exhibito'A" - Scope of Services hereto, the terms contained in Exhibit "A" shall be controlling.
34. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit 'oA" - Scope of Services
Exhibit "8" - Compensation
Exhibit"C" - Key Personnel
(Signatures on following page.)
10 IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, aCalifornia
charter clty and municipal corporation
By:
City Manager
Attest:
City Clerk
Certified as to Availability of Funds:
By:
Chief Financial Officer
Approved as to Form:
By
Assistant City Attorney
sw 6ta9n2
RALPHAI{DERSEN & ASSOCIATES, A
Cal ifornia corporati on
By: /g^wPLt"t
Heather Renschler
Presiden#CEO
Robert Burg
Executive Vice President
11 EXHIBIT $A')
SCOPE, OF SERVICES
Summary and Scope of Work
Summary of Our Seanch Process
The successful search process relies heavily on percon-toperson contact to identify outstanding potentialcandidates and, in the evaluation phase, to gain a complete understanding of the background, expeden@, and management style of the top candidates. The executive recruitment techniques used by Ralph Andersen & Associates have been developed and used successfully with hundrcds of clients for more than 50 yean.
We feel that the key elements of the search pro@ss, which can be tailored to fit the speciflc needs of the City of Riverside, should include:
. Developing a comprehensive position profile based upon informalion obtained in meetings with the City Council, Selection Committee, and key staff members.
. Extensive personal outreach, via telephone and through internet technology, to qualified candidates throughout Califomia, the Western Region, and across the nation, . A marketing strategy that uses selected advertising to supplement the extensive candidate identification process, use the Intemet and social media, and also uses our already established professional contacts throughout the region and acmss the nation.
. A screening and assessment process that narrows the field of candidates to those that most closely match the needs of the City and is based on extensive reference checks and telephone interviews with the top candidates.
Delivering a product in the form of a search report that recommends the top group of candidates and provides the decision-makers with detailed information about their backgrounds and experience.
Assistance during the inteMew and selection prccess and in the negotiation of a compensation package.
Search Work PIan
This section describes the usual steps in the search br a new City Managerfor the City of Riverside. This recruitment will be under the direction of Mr. Fred Wilson, Project Director/Search Consultant.
Task 1 - Review Project Management Approach
The Project Director, Mr. Wilson, will begin work on this project within 10 days (or sooner) afier the City prcvides a contract or, altematively, an offiicial notice to proceed. The first task will include established individual andlor grcup meetings with the City Council, Selection Committee, and otherc, as appropriate, tofinalizethe recruiting and selection pro@ss. This will include discussion of the project management for this search, review of the work plan, confirmation of timing, and communication methods. Working collaboratively w{th the City Council, Selection Committee, and key City staff, this task will resull in a more definitive timetable.
As part of our overall approach to this project, the Project Director will deliver regular status reports at each stage of the search, ln addition, Mr. Wilson will be highly accessible and responsive to client requests and inquiries.
Task 2 - Develop Position Profile
The position prolile for the City Manager is the guide for the entire search process, The development of the profile includes the collection of technical information and recruitnrent criteria, a
Page I
Technical lnformation
Mr. Wilson will conduct video rneetings with the City Council, Selection Committee, key staff members, and others as directed by the City to gain an undentanding of the experience and professional background requirements desircd in the City Manager. These meetings will also help the Search Consulhnt gain an understanding of the urrcrk environment and the issues facing the City of Rivenside.
Recruitment Criteria
The recruitment criteria are those personal and professional charac'teristics and experiences desired in the City Manager. The criteria should reflect the goals and priorities of the City of Rivenside.
Subsequent to the development and adoption of the candidate profile, the technical information and recruitment criteria will be doomentd in an information brochure prepared by Ralph Andersen & Associates.
The brochure will be reviewed by the City in draft format, revised as apprcpriate, and published for use throughout the search,
Communltv Meqtino - The Project Director will rpet with the community in a community neeting (via Zoom), The recommended appmach uould be for each member of the City Council to identiff a key stakeholder or group representative to povide feedback on the ideal candldate for the next City Manager. The feedback gained would be used in mnnection wittr the other information in the development of the candidate profile, The City would be responsible for the promotion of tre event, but Ralph Andersen & Associates would facilitate the technological aspcts and moderate the meeting, In addition, Ralph Andersen & Associates would set up an email portal to allow residents to provide open+nded feedback on the ideal candidate.
Task 3 - Outreach and Recruiting
This task is among the most important of the entire search, It is the focus of the activities of the Search Consultant and includes specific outreach and recruiting activities briefly described below.
Outreach
An accelerated outreach and advertising campaign will be developed. lt will include the placement of ads in publications such as Wxtern City Magazine, lntemdionalCity/Courr$ Management Association (ICMA), and other professional publications. Specific lnternet sites related to govemment will be used as a method of extending the specific outreach in a short period of tinp, Additionally, the advertisement and the full text of the position profile (the recruitrnent brochure) will be placed on Ralph Andenen & Associates' website, wtrich is accessed by a large number of qualified candidates. This method of outreach to potential applicants provide a confidential source that is monitored by many key level executives on an ongoing basis.
Gandidate ldentification
Ralph Andersen & Associates will use their extensive contrcts to focus the recruiting effort. ln making these contacts, the Search Consultant will target those individuals who meet the criteria set by the City. Each of the candidates identified through the recruiting efforts will be sent an information brochure. Candidates will also be contacted directly to discuss the position and to solicit their interest in being considered.
Both the outreach and recruiting activities will result in applications and resumes from interested candidates.
As they are received, lesumes will be acknowledged and candidates willbe advised of the generaltiming of the search prooess. The following tasks involve the actual selection pro@ss, once all reumes have been received.
Task 4 - Candidate Evaluation
This task will be conducted following the applimtion closing date. lt includes the following specifrc activities:
.ti:
Screening
All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will include consideration of such factors as professional experience, and size and complexity of the candkiate's cunent organization as compared to the candidate profile,
Preliminary Research and lnternet Review
The research staff of Ralph Andersen & Associates, under the direction of the Project Director, will conduct preliminary rcsearch and intemet review for those candidates identified as the most qualifid as a result of the screening process. This level of researct will be done on a limited number of caMidates to learn more about eac,h candidate's public profile and related information that is available on the internet, Preliminary lnterviews via Video Technology
The Search Consultant will conduct preliminary interviews with the top group of candidates identified through the screening and preliminary research and lntemet review processes. The inteMerrc are extensive and designed to gain additional information about the candidates'experien@, management style, and "fif with the recruitment criteria. lnterviews will be conducted using video technology.
The screening portion of the candidate evaluation process typically reduces a field of applicants to approximately four (4) to six (6) individuals, Those individuals will be reviewed with the Search Committee pdor to proceeding with the individual intervieua,
Task5-Search Report
After completing Task 4, all dorumentation will be supplied to the City electronically. No had copies will be supplied to the City for any phase of this search engagement. Mr. Wilson will prcpare detailed information for review including resumes uploaded to a flle sharing system (i.e., DropBox or ShareFile). Mr, Wilson willconduct a video conference call or in-pelson meeting with the Search Commitee or other designated representative to review the search report on the top candidates. The report divides all of the candidates into four goups including 1) the top group of candidates that are recommended to be interviewed via video by the Search Committee; 2) a backup group to the first group; 3) no further consideration group; and 4) lacks minimum qualifications. The search report will include candidate resumes and cover lefters. The results of preliminary media research will be included. This video meeting w{ll result in a confirmed group of top candidates for the City to furfter consider. lmportant to note, we do not conduct refercnces on finalist candidates. We typically do so on only the selected top candidate. Pedodically, $re may recommend conducting references on the top two candidates to ass'st the governing body in the final selection and is done in the final stages of the search process. Verifications such as credit check, DMV Report, and civiUcriminal are typically conducted once a contingent offer is made to the selected candidate unless the finalist candidate(s) give explicit approval and sign a release to proceed. Verifications are not coMucted on allfinalists other than the more standard education check before interviewing with the City Council.
The rmults of the Search Report will be a confinred group of finalist candidates that the City Councilwill interview.
Task 6 - Selection
The final selmtion process will vary depending upon the desires of the City Council. The typical seMces provided by Ralph Andesen & Associates in the selection proce$s are dmcribed briefiy belour:
. Mr. Wilson will coordinate the selection process for the finalist group of candidates. This includes handling the logisticalmatters with candidates and with the City.
o Ralph Andemen & Associates will prepare an eleclronic interview booklet (uploaded to a file sharing program such as DropBox or ShareFile) that includes the resume, cover letter, and preliminary media research for each candidate. ln addition, this electnonic information will contain suggested questions and areas for discussion basd upon the recruitment cilteria. Electronic coples of the interview booklet will be providd in
advance of the candidate inteMews, No hard copies of mataialwill be provided. Should the City deire had copie, that wtll be to responsiUlity of the City to produce and distribute.
Mr. Wilson will facilitate the lntervieun to assist the City thmugh the selection proess. This assistance will include an initial orientation, candidate introductions, and fucilitation of discussion of candidates after all interviev'rs have been completed.
Additionally, verifications will be made on the top tuo candidates and will include education verifications, Department of Motor Vehicle check, aM credit check. Due to legislation, criminal checks fBan the Box') are only permissible when a contingent offer of employment is made. The resulb of these verifications will be discussed with the City at the appropriate time.
Reference checks will be conducted on the top candidate. The rcsulb of these rcference checks will be discussed with the Ci$ Council at the appropriate time during a closed session.
As neded, the Search Consultant is available to provide assistane to the City Council in the final selection as may be desircd. This assistance may include providing or obtaining any additional information desired to assist in making the final selection decision.
Task 7 - Negotiation
The Project Director is available to assist the City Council in negotiating a compensation package with the selected candidate. This includes recommendations on setting compensation levels.
Task8-CloseOut
After the City has reached agreement with the individual selected forthe position, the Search Consultant will close out the search. These activities will include advising all of the finalist candidates of the status of the search by telephone.
Guarantee
Ralph Andersen & Associates offers the industry-standard guarantee on our full search services. lf wtthin a one-year period afbr appointment, the City Manager resigns or is dismissed for cause, we will conduct another search free of all charges for professional seMces. The City of Riverside uould be expected to pay for the reimbursement of all incuned expenses.
lf a placement is not made in the first outreach effort, the Consultant will conduct a second outreach effort with no charge for Professional Services, The City would be expected to pay for all incuned expenses. a
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EXHIBIT (68"
COMPENSATION
Cost and Payment Schedule
Cost
The recruitment efiort for a norrr Crty Manager for the City of Riverside will be a national search process with a focus in Califomia and the Westem Region. The review of rcsurnes and qualifications will be conducted on all candidates that submit giving the City the ability to select from a broad field of qualified candidates, The professional services fee to perform thk search will be a fxed fee of $44,759* 1or recruitrnent servlces and all related expenses. rNote - Expenses included in this fixd fe inch.de such items as advertising, consultant interaction, clerical, graphic design, research, and longdistarne telephone charges. On top candidates, lntemet and Lexis/Nexis searches will be conducted, Additionally, education verifications, DMV check, wants and wananb, civil and criminal litigation search, and creditcheckwillbeconducted on thetoptvlocandidates. Referencechecks willbeconducted on thetopcandidale, Should the City desire to conduct references calls on more than one candidate, a background fee of $1,800 per candldate will be billed in addition to the above stated fees.
Brochure - A full color electronic brochure will be developed for the City Manager rccruitment, All pictures will be the reoponsibility of the City,
CommuniE Meetlnq - The cost to conduct one Community Meeting will be included in the base fee. Should additional meetings be required or Mr. Wilson is asked to facilitate morc than one Community Meeting, an additionalfee will be discussed based on the parameters and needs of the City.
Exception - Any candidate travel is the full responsibility of the City.
Gost by Phase
The table below provides a breakdown of the fixed fee by phase. . Following kickcfi and finalization of recruitment brochure - $t 3,425 o After the closing date - $t 3,425
. After finalist interviews - $t 3,425
a Upon placement - $4,475
Payment $chedule
Ralph Andersen & Associates will bill the City in four installrnents as follows:
G Following kick-off and finalization of recruitment brochure - $t 3,425 . After the closing date - $t 3,425
o After finalist interviews - $13,425
o Upon placement - $4,475
Progress payments will be due upon receipt.
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Payments should be mailed to:
Ralph Andersen & Associates
5800 Stanford Ranch Road, Suite 410
Rocklin, California 95765
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EXHIBIT $C"
KEY PERSOI\INEL
Heather Renschler
Robert Burg