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HomeMy WebLinkAboutPeckham and McKenney (2)AGREEMENT THIS AGREEMENT is made and entered into on the 24 day of June, 2021 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Peckham & McKenney (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows.- CONTRACTOR. ollows: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: See Exhibit A 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 1, 2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence June 24, 2021 and shall be completed by when candidate is hired, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed $23,000 dollars and no cents ($23,000) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/23/10 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Short forth Updated 4/23/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Sarina Revillar Administrative Services Director -7 Town of Los Altos Hills By: 6 -X % 26379 Fremont Road gnature Date Los Altos Hills, CA 94022 46 �0 '/ rint name, Title TOWN OF LOS ALTOS HILLS: By: CZ 2021 Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4123110 PECKHAM MCKENNEY EXECUTIVE SEARCH June 1, 2021 Sarina Revillar, Administrative Services Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 srevillaralosaltoshills.ca.gov Dear Sarina: Thank you for reaching out to us regarding a recruitment for your next Planning Director. Rather than sending you a lengthy proposal, we've highlighted the most important information about the firm and this recruitment process. Peckham & McKenney, Inc. Since forming Peckham & McKenney in 2004, we have placed nearly 650 executives with local government agencies throughout the 10 western states. In our 18`h year as Peckham & McKenney, we are proud to say of all our placements since 2015, over 89% are still with their employers today. We are also very proud of the diversity of our placements in that 53% are women and/or people of color. The Recruitment Process Proved Organization — Prior to beginning the recruitment, necessary documentation (contract, insurance, business license, retainer invoice, etc.) will be processed. We will request a conference call with you to discuss the process, listen to specific desires and expectations, and respond to any questions or concerns you may have. We will discuss expected parameters of the search, the search timeline, and schedule future meeting dates. Development of Candidate Profile — This step provides for the development of the Candidate Profile that will serve as a guide in the identification of potential candidates, outreach and recruitment efforts, screening and selection of your next Planning Director. The Candidate Profile includes information relating to the Town of Los Altos Hills; current and future issues and opportunities; expectations, goals, and objectives leading to the success of the new Director; and the background and experience, leadership style, skills and abilities, and personality traits of the ideal candidate. We will request information relating to compensation and benefits, organization charts, and budget data. A draft of the Candidate Profile will be provided to you for review. We ask that all revisions and corrections be provided to us in a timely manner in order to maintain the agreed-upon search timeline. Our marketing and design professional will then prepare an attractive marketing brochure incorporating the Candidate Profile. This brochure will be distributed to up to 300 identified industry professionals, and it will also be available on our finn's web site. Copies of the brochure will also be made available to the Town. Advertisements will be placed in the appropriate industry publications and websites, and our fine will assume responsibility for presenting your opportunity in an accurate and professional manner. Social media, including LinkedIn and other venues, will be used as appropriate. Full information on the position will be posted on the Peckham & McKenny website and provided to the Town for posting as well. Recruitment —The main focus of our outreach will be direct phone contact with quality potential candidates. With over 60 combined years of executive search experience, we have developed an extensive candidate database that is continuously updated and utilized. Our recruiting efforts will focus on direct and aggressive recruiting of individuals within the search parameters established during the Candidate Profile Development. We believe direct recruiting produces the most qualified candidates. Throughout this active search process, we will regularly update you of the recruitment status and share questions, concerns, and comments received from potential candidates as they consider the opportunity. By doing so, we will "team" with you to ensure that all issues and concerns of candidates are discussed and understood thereby eliminating "surprises" once the resume filing deadline has occurred. As resumes are received, they will be promptly acknowledged within 48 hours, and we will personally respond to all inquiries. Once the resume filing deadline has passed, we will update you on the status of the recruitment, the number of resumes received, and our intent for preliminary interviews. Preliminary Interviews — Upon our review of the resumes received, supplemental questionnaires will be sent to candidates who appear to meet the Candidate Profile. Following a thorough review of the supplemental questionnaires, we will conduct preliminary interviews with those individuals most closely matching the Candidate Profile. Internet research will also be conducted so that we may probe the candidate regarding any areas of concern. Candidates will be advised of the search schedule and updated regularly as to their status. Recommendation of Candidates/Selection of Finalists — A report will be provided to you prior to our meeting to discuss our recommendation of leading candidates. This report will include a full listing of all candidates who applied for the position, as well as the cover letters, resumes, and supplemental questionnaires of the recommended group of candidates for further consideration. We will meet with you in a one- to two-hour meeting and will provide an overview of each recommended candidate as well as share any concerns or negative information. Once a group of finalists has been selected, we will notify all candidates of their status. Those candidates selected as finalists will be provided with all necessary information to attend finalist interviews with the Town. We will prepare an interview schedule and confirm with you all necessary details. If necessary, finalists will make their own travel plans and reservations. It is customary that the Town reimburse finalists for round-trip airfare, car rental, and lodging necessary to attend the interviews with the Town. We will confirm this with you at our meeting to recommend candidates. Finalist Interview Process — We will provide facilitation during the finalist interview process. An orientation session will be held at the beginning of the process, and we will facilitate a review and discussion of the finalists at the end of the day. Interview materials, including suggested interview questions, evaluation and ranking sheets will be provided. A standard finalist interview process of the leading four to eight candidates is typically conducted within one day. Should the process desired by you require more than one day, an additional fee will be charged. Qualification — Once the finalist candidate has been selected and a conditional offer has been made by the Town of Los Altos Hills, a thorough background check will be conducted that is compliant with the Fair Credit Reporting Act and Investigative Consumer Reporting Agencies Act. Peckham & McKenny utilizes the services of Sterling Talent Solutions (www.sterlingtalentsolutions.ca), the world's largest company focused entirely on conducting background checks. This investigation will verify professional work experience; degree verification; certifications; and criminal, civil, credit, and motor vehicle records. We encourage our clients to consider further vetting the candidate through a Department of Justice LiveScan (California clients) in order to ensure that all known criminal history records (beyond seven years) are investigated. We will also contact professional references, and a full report will be provided. This comprehensive process ensures that only the most thoroughly screened candidate is hired. In addition, negotiation assistance will be provided as requested by the Town of Los Altos Hills. Peckham & McKenney's qualification process of internet-based research, background checking through Sterling Talent Solutions, and reference checking has proven successful for our clients through the years. In addition to relying on our services, clients are encouraged to utilize the background checking protocols they normally would use in hiring a position of this type. Enhanced reference checking and background investigation, if any, beyond the scope of this proposal is the client's responsibility. Our ultimate goal is to exceed your expectations and successfully place a candidate who "fits" your organization and community's needs now and into the future. Timin and Cost of Services Our standard recruitment process takes up to 14 weeks from development of the candidate profile until an offer has been made. Our all-inclusive fee to conduct the search process for your next Planning Director is $23,000. The all-inclusive fee includes professional fees and expenses (out-of-pocket costs associated with advertising, consultant travel, administrative support, printing/copying, postage, telephone/technology, partial background checks on recommended candidates, and full background check on selected finalist only). If the Town of Los Altos Hills hires an additional candidate from among those recommended for another position within one year of the close of the recruitment, a fee of $5,000 will be charged to the Town. One-third of the all-inclusive fee is due as a retainer upon execution of the agreement. The second third of the full payment will be invoiced one month from contract execution, and it is due within 30 days following the invoice date. The final third of the full payment will be invoiced two months from contract execution, and it is due within 30 days following the invoice date. If the Town of Los Altos Hills requires a different payment schedule, this must be agreed upon within the contract. Peckham & McKenny expects payment of all invoices in a timely manner. Placement Guarantee Our placement record is particularly strong in that 89% of the candidates we have placed remain in those positions for over five years. In the unlikely event, however, that a candidate recommended by our firm (external candidates only) leaves your employment for any reason within thefirst year (except in the event of budgetary cutbacks, promotion, position elimination, or illness/death), we agree to provide a one-time replacement at no additional charge, except expenses. Reopening the Recruitment Throughout the recruitment process, all of our efforts are made to ensure a successful placement of a candidate who fits the Candidate Profile. It is extremely rare that our recruitment process fails to produce a preferred candidate in the first instance. If the search process, however, does not produce a successful placement, and there is an understanding that the Town of Los Altos Hills and Peckham & McKenny each take responsibility for whatever errors may have been made, we will conduct a second recruitment process for the cost of expenses only (approximately $7,500). We look forward to the opportunity to work with you on this important search process. Please feel free to call us toll-free at (866) 912-1919. Maria Hurtado may also be reached directly at (831) 247- 7885 if you have any questions. Sincerely, /s/Bobbi C. Peckham Maria Hurtado Bobbi C. Peckham, President Maria Hurtado, Executive Recruiter Peckham & McKenny, Inc. www.peckhamandmckenney.com bobbi@12eckhamandmckenney.com 4