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HomeMy WebLinkAboutAGENDA REPORT 2019 1106 REG CCSA ITEM 10BCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of November 6, 2019 ACTION Approved staff recommendation, including adoption of Resolution No. 2019- 3857. BY B.Garza. B. Consider Resolution Amending the Fiscal Year 2019/20 Budget for Assistant City Manager Recruitment Services and Approve an Agreement with Peckham & McKenney, Inc. Staff Recommendation: Adopt Resolution No. 2019-3857, amending the Fiscal Year 2019/20 Budget for Assistant City Manager recruitment services; and 2) Approve an Agreement with Peckham & McKenney, Inc. for Assistant City Manager recruitment services, subject to final language approval by the City Manager. ROLL CALL VOTE REQUIRED (Staff: Troy Brown) Item: 10.B. Item: 10.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager DATE: 11/06/2019 Regular Meeting SUBJECT: Consider Resolution Amending the Fiscal Year 2019/20 Budget for Assistant City Manager Recruitment Services and Approve an Agreement with Peckham & McKenney, Inc. BACKGROUND The City’s current Assistant City Manager, who has served the City for over 31 years has announced her retirement, her last day of work for the City of Moorpark will be April 3, 2020. At this time, staff is recommending that the City Council approve a resolution amending the Fiscal Year 2019/20 Budget to provide funding to retain a recruitment services company to assist with the recruitment for this executive position, and to approve an agreement with Peckham & McKenney, Inc. to provide these services. Peckham & McKenney has over 15 years of experience conducting searches for municipal and special district executives, including many recruitments over the last five years for executive level positions such as City Manager, Assistant / Deputy City Managers, and Department Heads for numerous public agencies. DISCUSSION A draft Fiscal Year 2019/20 Budget amendment resolution is attached (Attachment 1) to fund the recruitment services. A draft agreement is also attached (Attachment 2) and includes a copy of the Peckham & McKenney proposal, which describes that all inclusive professional services and expenses will be provided for a total cost of $25,000, and elective additional reimbursable expenses would be dependent on the services needed. Although no additional reimbursable expenses are currently anticipated, staff is recommending a contingency amount of $1,000 be additionally approved at this time, for a total budgeted amount of $26,000. Use of the contingency funds would only be used if needed, such as if an additional background check or additional on-site meetings days are required beyond what was already included in the proposal. The Peckham & McKenney proposal does include three to four days of meetings/interviews onsite and reference and credit checks on the final candidate, which should be sufficient. The estimated maximum recruitment time is completion in 90 days, however the final recruitment schedule will be determined in collaboration with the City Manager. 171 Honorable City Council 11/06/2019 Regular Meeting Page 2 FISCAL IMPACT The recruitment services would need to be funded by amending the Fiscal Year 2019/20 Budget to allocate $26,000 from the General Fund Reserve to the Human Resources/Risk Management Division Contractual Services expense account. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2019-____, amending the Fiscal Year 2019/20 Budget for Assistant City Manager recruitment services; and 2. Approve an Agreement with Peckham & McKenney, Inc. for Assistant City Manager recruitment services, subject to final language approval by the City Manager. Attachment 1: Draft Resolution Attachment 2: Draft Agreement for Recruitment Services, including Peckham & McKenney Proposal 172 ATTACHMENT 1 RESOLUTION NO. 2019-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2019-20 BUDGET APPROPRIATING AN ADDITIONAL $26,000 FROM THE GENERAL FUND (1000) FOR RECRUITMENT SERVICES WHEREAS, on June 19, 2019, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2019/20; and WHEREAS, a staff report has been presented to City Council regarding Assistant City Manager recruitment services; and WHEREAS, a budget amendment of $26,000 is required from the General Fund (1000) to fund this recruitment; and WHEREAS, Exhibit “A” hereof describes said budget amendment and the resulting impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment of $26,000 from the General Fund (1000) as more particularly described in Exhibit “A”, attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of November, 2019. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit A – Budget Amendment 173 Resolution No. 2019-____ Page 2 EXHIBIT A BUDGET AMENDMENT FROM THE GENERAL FUND (1000) FOR RECRUITMENT SERVICES FISCAL YEAR 2019/20 FUND ALLOCATION FROM: FUND TITLE FUND/ACCOUNT NUMBER AMOUNT General Fund 1000-000-00000-33990 26,000.00$ Total 26,000.00$ DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Budget Unit/Account Number Current Budget Revision Adjusted Budget 1000-133-00000-51000 9,200.00$ 26,000.00$ 35,200.00$ Total 9,200.00$ 26,000.00$ 35,200.00$ 174 ATTACHMENT 2 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PECKHAM AND MCKENNEY, INC. FOR RECRUITMENT SERVICES THIS AGREEMENT, is made and effective as of this ______ day of ____________________, 2019, between the City of Moorpark, a municipal corporation (“City”) and Peckham and McKenney, Inc. a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for recruitment services for the position of Assistant City Manager; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated October 14, 2019, which is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide recruitment services, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit B. Consultant shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit B. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total contract value of twenty-five thousand dollars ($25,000) as stated in Exhibit B, plus a contingency of one thousand dollars ($1,000), for a total contract value of twenty-six thousand dollars ($26,000) without a written amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 2019 Peckham and McKenney Page 1 of 31 175 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Anton Dahlerbruch and no other individual may be substituted without the prior written approval of the City Manager or his/her designee. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or other City Manager designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B. This amount shall not exceed twenty-five thousand dollars ($25,000.00), as stated in Exhibit B, for the total term of the Agreement, unless additional payment is approved in writing by the City Manager or his/her designee of all or a portion of the contingency amount of one thousand dollars ($1,000.00). City Council approval shall be required for a written amendment that exceeds the contingency amount. Consultant shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. Consultant shall submit invoices for actual services performed in accordance with Exhibit B. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or his/her designee. If the City disputes any of Consultant’s fees or expenses it shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 2019 Peckham and McKenney Page 2 of 31 176 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have five (5) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES There are no liquidated damages for this Agreement. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate 2019 Peckham and McKenney Page 3 of 31 177 records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents and computer files prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subconsultant, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of 2019 Peckham and McKenney Page 4 of 31 178 any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 2019 Peckham and McKenney Page 5 of 31 179 of the Government Code. The Consultant shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST The Consultant covenants and agrees that if Consultant intends to provide service or enter into any contract with any developer(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, during the Term of this Agreement, Consultant shall immediately notify the City, in writing, informing the City of the nature of the contract, prior to commencing with any work or entering into such contract. The City Manager shall determine whether a potential conflict of interest exists, and if his/her determination is that a conflict of interest is applicable, he/she may deny the Consultant’s request to provide service or enter into any contract in violation of this Agreement for the term of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: 2019 Peckham and McKenney Page 6 of 31 180 To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 To: Bobbi Peckham, President Peckham and McKenney, Inc. 300 Harding Boulevard, Suite 203D Roseville, CA 95678 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant’s legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any 2019 Peckham and McKenney Page 7 of 31 181 alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such 2019 Peckham and McKenney Page 8 of 31 182 waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PECKHAM AND MCKENNEY, INC. __________________________________ __________________________________ Troy Brown, City Manager Bobbi Peckham, President Attest: __________________________________ Ky Spangler, City Clerk Attachments: Exhibit A – Insurance Requirements Exhibit B – Peckham and McKenney Proposal dated 10/14/2019 2019 Peckham and McKenney Page 9 of 31 183 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 2019 Peckham and McKenney Page 10 of 31 184 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Consultant also agrees to require all consultants and subconsultants to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all consultants and subconsultants to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any consultant or subconsultant. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 2019 Peckham and McKenney Page 11 of 31 185 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subconsultant, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self- insurance available to the City. 10. Consultant agrees to ensure that subconsultants, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any consultant, subconsultant, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant 90 days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. As coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or 2019 Peckham and McKenney Page 12 of 31 186 new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 2019 Peckham and McKenney Page 13 of 31 187 Peckham & McKenney, Inc., 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 October 14, 2019 Mr. Troy Brown City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Via PDF/Email To: TBrown@MoorparkCA.gov Dear Mr. Brown: Thank you for the opportunity to express our interest in assisting you and the City of Moorpark in the recruitment of a new Assistant City Manager. Based on our years of experience conducting similar searches, we are fully prepared to team with the City of Moopark in order to ensure a successful outcome. Assigned to this recruitment on behalf of Peckham & McKenney will be Executive Recruiter Anton “Tony” Dahlerbruch. Mr. Dahlerbruch is local in southern California and has recently been handling recruitments for San Marino, Manhattan Beach, and Santa Barbara for Finance Director, Community Development Director, and Economic Development Manager, respectively. Formerly a successful City Manager, Mr. Dahlerbruch brings added experience to our recruitments with extended connections and outreach in the field. The attached proposal includes more detailed information regarding the firm, the search process and timeline, cost of services, our guarantee, client references, and Peckham & McKenney staff backgrounds. We would be able to begin the project immediately upon executing an agreement. We look forward to the opportunity to work with you and the City on this important search process. Please feel free to call us toll-free at (866) 912-1919 or email at tony@peckhamandmckenney.com if you have any questions. Sincerely, /s/ Bobbi C. Peckham Bobbi Peckham, President Anton (Tony) Dahlerbruch, Executive Recruiter Peckham & McKenney, Inc. Peckham & McKenney, Inc. www.peckhamandmckenney.com 310.567.1554 bobbi@peckhamandmckenney.com EXHIBIT B Page 14 of 31 188 Peckham & McKenney, Inc., 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 TABLE OF CONTENTS THE FIRM 1 Peckham & McKenney, Inc. Your Recruitment Team THE SEARCH PROCESS 5 SEARCH SCHEDULE 8 COST OF SERVICES 9 Cost of Services Additional Placement Insurance PLACEMENT GUARANTEE AND ETHICS 10 DIVERSITY STATEMENT 11 EXPERIENCE 12 CLIENT REFERENCES 13 SIMILAR EXECUTIVE SEARCHES CONDUCTED (2004 to Present) 12 Page 15 of 31 189 1 THE FIRM Peckham & McKenney, Inc. Peckham & McKenney, Inc. provides executive search services to local government agencies throughout the Western United States and is headquartered in Roseville, California. The firm was established as a partnership in June 2004 and incorporated in 2014 by Bobbi Peckham and Phil McKenney, who serve as the firm’s President and Chief Operating Officer, respectively. In addition, we have Executive Recruiters based in Colorado, Texas, and Southern California. We are supported by an Operations Manager, research specialists, a marketing and design professional, web technician, and distribution staff. Peckham & McKenney is the only executive search firm that offers a toll-free number (866-912-1919) for the convenience of our clients and candidates. Peckham & McKenney was established on the premise that an executive search and consulting firm must be dedicated to providing its clients and candidates with professional service, as well as a personal, hands-on approach. Our business philosophy centers upon the understanding that this is a “people” related industry and that attention to others’ needs is the key to providing effective customer service. Not only are we committed to providing our clients with well-qualified candidates, but we also take pride in treating both our clients and candidates with utmost respect. This commitment has lead to multi-year retainer agreements with a number of agencies, as well as numerous client and candidate testimonials to their experiences with us, which you can find on our web site at www.PeckhamAndMcKenney.com. At Peckham & McKenney, we are committed to local government and sensitive to the challenges and issues faced by our clients and candidates. As such, we serve as the Administrator for the Credentialed Government Leader program for the Municipal Management Associations of Northern & Southern California. We also actively support Women Leading Government as well as assist in the annual Women’s Leadership Summit. In addition, we have provided numerous workshops and training sessions in California and Colorado to up-and-comers on resume and interview preparation and general career guidance. Our Reputation Peckham & McKenney is one of the most trusted and respected executive recruitment firms in the country. Time and again, we receive unsolicited compliments from clients and candidates relating to our integrity and high ethics. Not only are we committed to providing our clients with well-qualified candidates, but we also take pride in treating both our clients and candidates with utmost respect. This commitment has lead to multi-year retainer agreements with a number of agencies, as well as numerous client and candidate testimonials to their experiences with us, which you can find on our web site at www.peckhamandmckenney.com. “All about fit” We recognize that every agency and community we serve is unique, and the candidate you ultimately select must “fit.” We take the time to become familiar with your community, organizational culture, and issues and challenges in order to identify and recruit the best candidates for your consideration. Nearly 89% of our placements stay in those positions for over five years, which is a testament to their “fit.” Our Commitment to the Future At Peckham & McKenney, we are committed to local government and sensitive to the challenges and issues faced by our clients and candidates. We have provided numerous workshops and training sessions in Arizona, California, Colorado, Oregon, and Washington to up-and-comers, mid-career professionals, and executives on resume and interview preparation and general career guidance. We also actively support ICMA’s League of Women in Government, Women Leading Government, and the annual Women’s Leadership Summits in California and Colorado. In addition, we serve as the Administrator for the Credentialed Government Leader program for the Municipal Management Associations of Northern & Southern California. Page 16 of 31 190 2 Peckham & McKenney is a Gold Level sponsor of the League of California Cities, Colorado City & County Management Association, Arizona City/County Management Association, and the Washington City & County Management Association. We are also pleased to be a sponsor of the Los Angeles Division of the League of California Cities. We are members of a variety of industry associations including the International City/County Management Association, International Hispanic Network, and Women Leading Government. Page 17 of 31 191 3 YOUR RECRUITMENT TEAM Our Approach When you retain Peckham & McKenney, you are guaranteed that your Recruiter is fully responsible for the success of the recruitment process. Supported by experienced administrative, research, and marketing specialists, your Recruiter limits the number of active searches to which she or he is committed. Executive Recruiter Anton “Tony” Dahlerbruch will serve as your Recruiter on this search process, and he will be supported by the following Recruitment Team. Anton (Tony) Dahlerbruch, Executive Recruiter Prior to joining Peckham & McKenney in 2019, Tony Dahlerbruch worked in local government for over 30 years. As a problem solver, Mr. Dahlerbruch worked in most every city department in Beverly Hills, California (ultimately as Deputy City Manager); Scottsdale and Phoenix, Arizona; and Rockville, Maryland, before subsequently serving a combined 12 years as City Manager in Rolling Hills and Palos Verdes Estates, California. With direct and personal experience in the diverse aspects of city services, Tony has knowledge in the many disciplines of city management including finance/budget, human resources, planning, public works, and public safety. During his city management career, he was recognized for his integrity, hard work, responsiveness, focus on service, and ethics. Mr. Dahlerbruch has additionally served in numerous leadership positions in state and national/international professional organizations. Noting his commitment to professional local government management, Tony has represented the City Managers Department of the League of California Cities as a two term Director on the League’s Executive Board, President of City Managers Department of the League of California Cities, numerous League Policy Committees, and a variety of other positions over the years. He has also served as a Regional Vice President on the Executive Board of the International City/County Management Association (ICMA) and other various ICMA committees. Other professional activities have included leadership positions in the Municipal Management Assistants Association of Southern California (MMASC) and the Arizona Municipal Management Association (AMMA). Mr. Dahlerbruch holds a Bachelor of Arts in Political Science from the University of California at Santa Barbara and a Master of Public Administration from The American University in Washington, D.C. Bobbi C. Peckham, President Bobbi Peckham brings 30 years’ experience as an Executive Recruiter as well as 6 years of local government experience. Ms. Peckham is sought out and retained due to her high ethics, integrity, hands-on customer service, and unique ability to identify candidates that “fit” her client agencies and communities. Ms. Peckham began her career in local government in the City Manager’s office of the City of Naperville, Illinois, where she became familiar with all aspects of local government in the nation’s fastest growing community at that time. Ms. Peckham was then recruited to join the Executive Search practice of a leading California recruitment firm. Later, she played an integral role in creating a national search business for what became the largest recruitment practice serving local government in the country. Here, she became Regional Director overseeing Northern California and a nine-state region. In 2004, Ms. Peckham formed Peckham & McKenney, Inc. in partnership with Phil McKenney. Ms. Peckham received a Bachelor of Science degree in Organizational Behavior from the University of San Francisco. She is a contributing member of the International City/County Management Association, Cal- ICMA, Women Leading Government, League of Women in Government, and Municipal Management Associations of Northern & Southern California. Ms. Peckham serves on the Planning Committee for the annual Page 18 of 31 192 4 Women’s Leadership Summit, at which she coordinates and leads the highly regarded Executive Roundtable Discussions with over 30 female local government leaders. In addition, Ms. Peckham was instrumental in writing the ICMA’s Job Hunting Handbook. Over the years, Ms. Peckham has actively supported her community, and she currently volunteers her time to the Sacramento Affiliate of Dress for Success, which works to empower women to achieve economic independence by providing a network of support, professional attire, and the development tools to help women thrive in work and in life. Joyce Johnson, Operations Manager Ms. Johnson joined Peckham & McKenney in 2005 and serves as the firm's Operations Manager. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment process. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. She oversees internal administration of the firm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two separate national management consulting and executive recruitment firms. Ms. Johnson holds an Associate of Arts degree from American River College. Joyce Masterson, Research Assistant Ms. Masterson brings nearly 30 years’ experience working in the City Manager’s office and as Director of Economic Development & Community Relations with the City of Escondido. She brings Peckham & McKenney extensive experience in general government administration, media relations, public information, and customer service. She has been active in various organizations over the years including the Municipal Management Assistants of Southern California and California Association of Public Information Officials. Ms. Masterson holds a Bachelor of Arts degree in Telecommunications from Brooklyn College, NY. Kevin Johnson, Research Assistant Kevin Johnson has been a member of the Peckham & McKenney team since 2009 and currently serves as a Research Assistant. He supports the firm's Recruiters through his research of local government agencies and networks, potential candidates, and current candidates prior to recommendation to our clients. Mr. Johnson mastered his researching abilities while obtaining a Bachelor of Arts in Economics from Willamette University. Linda Pucilowski, Graphic Designer With nearly 30 years experience, Linda Pucilowski provides her expert design and marketing skills to Peckham & McKenney. She is the firm’s “go-to” professional for all advertising and brochure design and creation. Ms. Pucilowski holds a Bachelor’s degree from California State University, Sacramento. Rachel Moran, Website & Social Media Assistant Rachel Moran has been in the graphic design field since 2007 and prides herself on creating eye-catching visual art. She supports the Peckham & McKenney team by handling all website visual and technical design as well as social media. Ms. Moran graduated from the Art Institute of Houston obtaining her Bachelor’s Degree in Fine Arts with a concentration in Graphic Design. Page 19 of 31 193 5 THE SEARCH PROCESS While it is our intent to customize the search and project schedule to fit the City of Moorpark’s specific needs, the search process typically includes the following key steps: Project Organization – Prior to beginning the recruitment, necessary documentation (contract, insurance, business license, retainer invoice, etc.) will be processed. We ask that the City identify a single point of contact that will serve as our liaison throughout the recruitment, providing necessary information to us, responding to our questions, and receiving and distributing all correspondence. A single point of contact will ensure timely and clear communication throughout the process. We will request a conference call with the City to discuss the process, listen to specific desires and expectations, and respond to any questions or concerns. We will discuss expected parameters of the search, the search timeline, and schedule future meeting dates. At this time, the City Manager will determine the extent of involvement of other individuals in the search process. This may include the agency’s leadership team, staff members, labor representatives, appointed commission or committee members, business leaders, community stakeholders, residents, and others. In addition, we will discuss specific desires and expectations of the City relating to the development of the candidate profile, finalist interview process, and the various components to be considered. Your Recruiter will provide recommendations on best practices. Please note that decisions on the extent of involvement of others as well as additional components to the finalist interview process will impact the search, search timeline, and ultimately the cost of the recruitment process. Development of Candidate Profile (on-site meeting #1) – 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 Assistant City Manager. The Candidate Profile includes information relating to the City of Moorpark; current and future issues and opportunities; expectations, goals, and objectives leading to the success of the new Assistant City Manager; and the background and experience, leadership style, skills and abilities, and personality traits of the ideal candidate. Your Recruiter will develop this profile following individual or group discussions with those individuals identified in the initial conference call (see Project Organization above). Our proposal includes one day on site to develop the Candidate Profile. We will request information relating to compensation and benefits, organization charts, and budget data. In addition, we will request high-resolution photos to be used in an attractive brochure to market the opportunity. A draft of the Candidate Profile will be provided to our point of contact 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 500 identified industry professionals, and it will also be available on our firm’s web site. Copies of the brochure will also be made available to the City. Advertisements will be placed in the appropriate industry publications and websites, and our firm 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 & McKenney website and provided to the City for posting as well. Page 20 of 31 194 6 Recruitment –The main focus of our outreach will be direct phone contact with quality potential candidates. With over 50 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 the City 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 the City Manager 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 the City 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 (on-site meeting #2) – A bound report will be provided to the City Manager 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 may include a first and second tier of candidates within our recommendation. Your Recruiter will meet with the City Manager 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 by the City Manager, we will revisit early decisions relating to the finalist interview process. A one-day finalist interview process is standard for initial finalist interviews (leading four to eight candidates), however, the City Manager may want to include multiple interview panels, tours, meet-and-greet sessions, one-on-one interviews, presentations, and other selection options. Your Recruiter will again provide recommendations on the finalist interview process. Peckham & McKenney will notify all candidates of their status. Those candidates selected as finalists will be notified and provided with all necessary information to attend finalist interviews with the City. We will prepare an interview schedule and confirm with our point of contact all necessary details. If necessary, finalists will make their own travel plans and reservations. It is customary that the City reimburse finalists for round-trip airfare, car rental, and lodging necessary to attend the interviews with the City. We will confirm this with the City at our meeting to recommend candidates. Finalist Interview Process (on-site meeting #3) (First Round) – Your Recruiter will provide on-site 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. Again, a standard finalist interview process of the leading four to eight candidates is typically conducted within one day. Should the process desired by the City Manager require more than one day, an additional fee will be charged. Page 21 of 31 195 7 (Second Round – held on consecutive day as First Round) – Your Recruiter will provide on-site facilitation during this second round of interviews with the leading two to three finalists. Typically, these interviews provide more in- depth, informal conversations that will ultimately lead to the selection of a finalist candidate. Qualification – Once the finalist candidate has been selected and a conditional offer has been made by the City, a thorough background check will be conducted that is compliant with the Fair Credit Reporting Act and Investigative Consumer Reporting Agencies Act. Peckham & McKenney 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 in order to ensure that all known criminal history records (beyond seven years) are investigated. Your Recruiter 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 City. 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. Page 22 of 31 196 8 SEARCH SCHEDULE This sample schedule anticipates a 14-week process. In today’s competitive recruiting environment, our goal is to make the process as efficient and effective as possible. We ask that our clients work with us to identify future meeting dates that will be published within the Candidate Profile. This will ensure that the momentum of the search process is consistent and that all parties are available thereby leading to a successful result. ACTIVITY TIME FRAME I. Project Organization Pre-Recruitment • Conference call discussion of recruitment process • Formalize project schedule II. Development of Candidate Profile Two Weeks • On-site meeting #1 with the City to discuss Candidate Profile • Develop Candidate Profile/Marketing Brochure and obtain approval • Develop advertising and recruiting plan III. Recruitment Six Weeks • Advertise, network, and electronically post in appropriate venues • Distribute candidate profile to up to 500 identified industry professionals • Post opportunity on firm’s website • Focused outreach to individuals within the parameters of the Candidate Profile • Respond to all inquiries and acknowledge all resumes received within 48 hours IV. Preliminary Interviews Two Weeks • Screen resumes and conduct Internet research • Identify leading candidates and request supplemental questionnaires • Review supplemental questionnaires • Conduct preliminary interviews with leading candidates V. Recommendation of Candidates/Selection of Finalists One Week • Provide written recommendation of candidates to the City Manager • On-site meeting #2 to provide overview of recommended candidates • City Manager selects finalist candidates for finalist interview process • Peckham & McKenney notifies all candidates of status in recruitment process VI. Finalist Interview Process Two Weeks • On-site meeting #3 to facilitate finalist interviews with the City Manager • Assist City throughout process and provide recommendations • City Manager selects candidate or leading 2-3 candidates for further consideration • City conducts second interview process on consecutive day. VII. Qualification One Week • Conduct thorough background and reference checks on leading candidate • Provide negotiation assistance • Exceed expectations and successfully place candidate who “fits.” Page 23 of 31 197 9 COST OF SERVICES Cost of Services Our all-inclusive fee to conduct the search process for your next Assistant City Manager is $25,000. The all- inclusive fee includes professional fees and expenses (out-of-pocket costs associated with advertising, consultant travel, administrative support/printing/copying/postage/materials, telephone/technology, partial background checks on recommended candidates, and full background check on selected finalist only). The fee quoted above is for a full recruitment process as described in The Search Process, including three to four days of on-site meetings. The first on-site meeting is to develop the Candidate Profile; the second on-site meeting is to provide a recommendation of candidates; and the third on-site meeting includes up to two consecutive days to facilitate finalist interviews. Additional Service Costs The following “menu” details fees for additional requested services. Some fees may be negotiated. Additional on-site meeting day $500 - 1,000/each + travel expenses Each additional full background check $300/each Additional placement within organization* $5,000 (if selected within one year) *If the City of Moorpark 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 City. Process of Payment One-third of the all-inclusive fee is due as a retainer upon execution of the agreement. This retainer covers upfront and necessary expenses incurred by Peckham & McKenney on the City’s behalf for consultant travel and advertising. If the retainer is not received by Peckham & McKenney within 30 days of execution of the agreement, we will suspend the recruitment process until payment is received. 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 City of Moorpark requires a different payment schedule, this must be agreed upon within the contract. Peckham & McKenney expects payment of all invoices in a timely manner. Insurance Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000,000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($1,000,000). Our Insurance Broker is Wells Fargo Insurance, Inc., Charlotte, NC, and coverage is provided by Sentinel Insurance Company and Hiscox Insurance Co. Limited. Necessary insurance documentation will be provided to the City of Moopark in a timely manner. Page 24 of 31 198 10 GUARANTEE AND ETHICS 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 the first 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 City of Moorpark and Peckham & McKenney 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). As Albert Einstein said, the definition of insanity is “doing the same thing over and over again and expecting different results.” Prior to reopening the recruitment again, we will thoroughly review with the City what adjustments in approach, compensation, or other variables may be necessary to ensure a successful outcome. Ethics Time and again, we receive unsolicited comments from clients and candidates relating to our integrity and high ethics. § First, we believe in honesty. No client should ever appoint an individual without being fully knowledgeable of the candidate’s complete background and history. Conversely, no candidate should ever enter into a new career opportunity without full disclosure of any organizational “issues.” § We strive to keep everyone involved in a recruitment process informed of the status. Not only do we provide regular updates to our clients, but we also have a reputation for keeping our candidates posted. § As recruitment professionals, we do not recruit our placements -- ever. Should a placement of ours have an interest in a position for which we are recruiting, they may choose to apply. However, if they become a finalist, we ask that they speak to their supervisor to alert them of their intent. § During an active engagement, we do not recruit staff from our client agencies for another recruitment. Nor do we “parallel process” a candidate, thereby pitting one client against another for the same candidate. § We are retained only by client agencies and not by our candidates. While we have a reputation for being actively involved in the profession and providing training, workshops, and general advice to candidates, we represent only our clients. In addition, we always represent and speak of our clients in a positive manner; during the recruitment engagement as well as years after. Page 25 of 31 199 11 DIVERSITY STATEMENT Peckham & McKenney, Inc., is committed to diversity in its broadest possible definition in every aspect of each executive recruitment our firm provides. Peckham & McKenney does not discriminate on the basis of race, color, religion, creed, sex/gender, national origin/ancestry, disability, pregnancy, sexual orientation (including transgender status), marriage or family status, military status, or age. We are fully compliant with all applicable federal and state employment laws and regulations in all of our recruitments. Our average for female and minority placements since 2004 is approximately 34%. Also, for over 30 years, firm principal and founder Bobbi Peckham has been a champion of women seeking executive leadership positions within local government, succeeding in the field as few other women have. As a “minority” owner of her own firm, Ms. Peckham and her partner and co-founder, Phil McKenney, have gone to great lengths to support the management profession, women, minorities, and all involved in the recruitment and hiring processes. In collaboration with the International City/County Management Association (ICMA), and its state chapters in California, Colorado, Arizona, Oregon, and Washington, for years Peckham & McKenney has been an active participant in women’s issues through the Women Leading Government program, and the annual Women’s Leadership Summit in California. Ms. Peckham is a frequent speaker on women’s issues at local government conferences. The firm provides workshops and training in Arizona, California, Colorado, and Washington to up-and-comers on resume and interview preparation and general career guidance. In addition to all other outreach methods, our firm utilizes the National Diversity Network, which ensures placement of your opportunity in the following venues: • africanamericanjobnetwork.com; • asianjobnetwork.com; • disabilityjobnetwork.com; • latinojobnetwork.com; • lgbtjobnetwork.com; • veteranjobnetwork.net; • retirementjobnetwork.com; • womensjobnetwork.com. Page 26 of 31 200 12 EXPERIENCE Assistant City Manager (and similar) Recruitments (Past Three Years) Over the past three years alone, we have conducted Assistant City Manager searches for the following communities. City of American Canyon, CA City of Bothell, WA City of Brentwood, CA City of Concord, CA Contra Costa County, CA (2 Chief Assistant County Administrators) City of Escondido, CA City of Foster City, CA City of Glendale, AZ City of Hayward, CA (Assistant City Manager and Deputy City Manager) City of Oceanside, CA Placer County, CA (Assistant County Executive Officer) Sacramento County, CA (Assistant County Administrator) City of San Clemente, CA City of San Pablo, CA City of San Rafael, CA Summit County, CO (Assistant County Manager) City of Thousand Oaks, CA City of Tracy, CA Current Recruitments Conducted by Peckham & McKenney We are currently conducting recruitments for the following positions and agencies. City of American Canyon, CA Public Works Director City of Benicia, CA Community Development Director City of Benicia, CA Public Works -Operations/City Engineer City of Big Bear, CA City Manager City of Brentwood, CA City Manager City of Duarte, CA City Manager City of Gilroy, CA Community Development Director City of Gilroy, CA Fire Chief City of Gilroy, CA Police Captain City of Oceanside, CA Assistant City Manager City of Santa Barbara Economic Development Manager San Miguel County, CO Executive Director Regional Housing Authority San Joaquin County, CA Director of Purchasing and Support Services The Sea Ranch, CA Community Manager Yavapai County, AZ Finance Director Page 27 of 31 201 13 CLIENT REFERENCES Please feel free to contact any of the following clients to inquire about their experience with Bobbi Peckham. In addition, we would be pleased to furnish the client contact and phone numbers for any past clients listed in the Attachment. City of Brentwood, CA – City Manager, Assistant City Manager, Human Resources Director, and Administrative Services Director Gus Vina, City Manager (925) 516-5184; gvina@brentwoodca.gov City of Hayward, CA – City Manager, Assistant City Manager, Deputy City Manager, City Attorney, City Clerk, Finance Director, Deputy Public Works Director, Fire Chief, and others since 2004 Kelly McAdoo, City Manager or Maria Hurtado, Assistant City Manager (510) 583-4305; Kelly.mcadoo@hayward-ca.gov City of Oceanside, CA – Assistant City Manager and Development Services Director Michelle Skaggs-Lawrence, City Manager (760) 435-3072; mlawrence@ci.oceanside.ca.us City of Thousand Oaks, CA – Assistant City Manager Andrew Powers, City Manager (805) 449-2148; apowers@toaks.org City of Manhattan Beach, CA - Community Development Director (current search conducted by Anton Dahlerbruch) and Human Resources Director Bruce Moe, City Manager, or Lisa Jenkins, Human Resources Director (424) 237-4268; bmoe@citymb.info or (310) 802-5252, ljenkins@citymb.info City of San Marino, CA - Finance Director (current search conducted by Anton Dahlerbruch) Dr. Marcella Marlowe, City Manager (626) 300-0700 or mmarlowe@cityofsanmarino.org City of Santa Barbara, CA – Economic Development Manager (current search conducted by Anton Dahlerbruch) Pamela Antil, Assistant City Administrator (805) 564-5510 or pantil@santabarbaraca.gov Page 28 of 31 202 14 EXECUTIVE SEARCHES CONDUCTED (2004 to PRESENT*) (* 100’s of additional searches were conducted from 1987-2004) City/County Manager, Executive Director, and Related Alameda County Waste Management Authority, CA Executive Director American Canyon, CA City Manager Anderson, CA City Manager Antioch, CA City Manager Arroyo Grande, CA City Manager Ashland, OR City Administrator Auburn, CA City Manager Azusa, CA City Manager Basalt, CO City Manager Bell, CA City Manager Belmont, CA City Manager Belvedere, CA City Manager Benicia, CA City Manager Big Bear Lake, CA City Manager Brentwood, CA City Manager Brookings Economic Development Agency, SD Executive Director Buellton, CA City Manager Burbank, CA City Manager Burlingame, CA City Manager Calistoga, CA City Manager Campbell, CA City Manager (2011 & 2016) Carmel-by-the-Sea, CA City Administrator Centennial, CO City Manager (2007 & 2017) Cordillera Metropolitan District, CO General Manager Corvallis, OR City Manager Cupertino, CA City Manager Del Mar, CA City Manager Douglas County, NV County Manager Durango, CO City Manager Eagle County, CO County Manager El Dorado Hills Community Services District, CA General Manager Encinitas, CA City Manager Escondido, CA City Manager Eureka, CA City Manager Exeter, CA City Administrator Foothills Park & Recreation District, CO Executive Director Fort Bragg, CA City Manager Fort Lupton, CO City Administrator Galt, CA City Manager Garfield County, CO County Manager Gilroy, CA City Administrator (2007 & 2016) Glendora, CA City Manager Grand Junction, CO City Manager Greeley, CO City Manager Gustine, CA City Manager Hayward, CA City Manager Hood River, OR City Manager Hughson, CA City Manager Indian Wells, CA City Manager Incline Village General Improvement District, NV General Manager Ketchum, ID City Administrator La Plata County, CO County Manager La Quinta, CA City Manager Page 29 of 31 203 15 La Palma, CA City Manager Lone Tree, CO City Manager Loveland Downtown Partnership/DDA, CO Executive Director Manitou Springs Chamber of Commerce, CO Chief Operating Officer Martinez, CA City Manager McCall, ID City Manager Midpeninsula Regional Open Space District, Los Altos, CA General Manager Mill Valley, CA City Manager Milpitas, CA City Manager Moraga, CA Town Manager (2011, 2013, & 2017) Mountain House Community Services District, CA General Manager Mountain Village, CO Town Manager Napa County, CA County Executive Officer North Lake Tahoe Public Utility District, CA General Manager (2004 & 2007) Novato, CA City Manager Orinda, CA City Manager Pacifica, CA City Manager Palmdale, CA City Manager (2011 & 2015) Palos Verdes Estates, CA City Manager (2007 & 2013) Park City Municipal Corporation, UT City Manager Piedmont, CA City Administrator Placer County, CA County Executive Officer Pleasant Hill, CA City Manager Point Arena, CA City Manager Portola Valley, CA Town Manager Public Agency Risk Sharing Authority of California General Manager/CEO (2004 & 2016) Rancho Murieta Community Services District, CA General Manager Rancho Santa Fe Association, CA Chief Administrative Officer Redlands, CA City Manager Redwood City, CA City Manager Redwood Empire Joint Powers Insurance Authority, CA Executive Director Rio Rancho, NM City Manager Rohnert Park, CA City Manager San Clemente, CA City Manager San Diego Local Agency Formation Commission, CA Executive Officer San Mateo County, CA County Manager Santa Clara, CA City Manager Santa Clara County Open Space Authority, San Jose, CA General Manager Santa Cruz County, CA County Administrative Officer Sea Ranch Association, CA Community Manager Sedona, AZ City Manager (2008 & 2014) Sierra Madre, CA City Manager Snowmass Village, CO Town Manager (2006 & 2013) Solana Beach, CA City Manager Sonoma, CA City Manager South Pasadena, CA City Manager South Suburban Parks & Recreation District, CO Executive Director St. Helena, CA City Manager Steamboat Springs, CO City Manager (2005 & 2008) Sunnyvale, CA City Manager Telluride, CO City Manager Teton County, WY County Administrator Tracy, CA City Manager (2007 & 2014) Truckee, CA Town Manager (1992 & 2017) Tulare, CA City Manager (2005 & 2011) Ventura, CA City Manager Walnut Creek, CA City Manager Page 30 of 31 204 16 Waterford, CA City Administrator West Sacramento, CA City Manager Western Eagle County Metropolitan Recreation District, CO Executive Director Windsor, CO Town Manager Winter Park, CO Town Manager Woodside, CA Town Manager Yakima Regional Clean Air Authority, WA Executive Director/Air Pollution Contl Officer Yolo County, CA County Administrator Assistant City/County Manager and Deputy Manager Arvada, CO Deputy City Manager Atherton, CA Assistant City Manager Bothell, WA Assistant City Manager Brentwood, CA Assistant City Manager Carlsbad, CA Assistant City Manager Concord, CA Assistant City Manager Contra Costa County, CA Chief Assistant County Administrator (2 Positions) Daly City, CA Assistant City Manager Douglas County, CO Deputy County Manager Douglas County, NV Assistant County Manager Escondido, CA Assistant City Manager Foster City, CA Assistant City Manager Fremont, CA Assistant City Manager Gilroy, CA Assistant City Administrator Glendale, AZ Assistant City Manager Hayward, CA Deputy City Manager Hayward, CA Assistant City Manager (2006, 2010 & 2016) Midpeninsula Regional Open Space District, Los Altos, CA Assistant General Manager (2 Positions) Oceanside, CA Assistant City Manager, Development Services Pacifica, CA Assistant City Manager Palo Alto, CA Assistant City Manager Placer County, CA Asst. County Executive Officer Porterville, CA Deputy City Manager Sacramento County, CA Assistant County Administrator San Clemente, CA Assistant City Manager San Pablo, CA Assistant City Manager San Rafael, CA Assistant City Manager (2006 & 2015) South Lake Tahoe, CA Assistant City Manager Summit County, CO Assistant County Manager Tracy, CA Assistant City Manager (2007 & 2015) Page 31 of 31 205