HomeMy WebLinkAboutContracts & Agreements_1-2014_CCv0001.pdf CPS HR
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CONSULTING SERVICES AGREEMENT
This Consulting Services Agreement(Agreement) D. Taxes. Except as expressly stated in any
is by and between Cooperative Personnel Statement of Work,the fees listed therein are
Services,dba CPS HR Consulting,a California in addition to, and not in lieu of, any additional
Joint Powers Authority(CPS HR),with offices at fees, assessments, levies,taxes, etc.
241 Lathrop Way Sacramento, CA 95815 and the assessed against the transactions
Agency named in the signature block at the end of contemplated herein(Taxes). With the
this Agreement(Agency,hereafter referred to as exception of Taxes imposed on CPS HR' net
Client),and is effective as of January 8,2014 income, all Taxes shall be Client's
(Effective Date). CPS HR and the Client shall be responsibility. Client shall pay any Taxes,
collectively referred to herein as the"Parties" and which CPS HR may be required to collect and
individually as a"Party." remit, upon invoice_
A. Purpose. This Agreement defines CPS HR E. Term and Termination of Agreement,
consulting services,policies and procedures. 1. Term. The term of this Agreement is one
B. Services. CPS HR will provide certain (1)year from the Effective Date.
consulting services(Services)to Client as set
forth in the Statements of Work{attached 2. Immediate Termination upon Material
hereto as Exhibit{"A"}. CPS HR shall perform Breach. Either Party may terminate this
Agreement immediately upon any material
only the Services requested by Client, at the
times,dates,and locations specified by breach by the other Party.
Client.
3. Termination without Cause. Either Party
C. Compensation. may terminate the Agreement without cause
upon thirty days written notice to the other
1. Payment Client will compensate CPS HR Party.
for Services by paying certain fees as set
forth in the Statement of Work. Client will 4. Payment on Termination, Upon
termination with
reimburse CPS HR for business expenses as
without cause, Client shall pay
set forth in the Statement of Work. Client will CPS HR for all work performed through the
pay all invoices within thirty{30}days from effective date of termination. For termination
receipt invoice. upon material breach,Client shall pay CPS
HR for all work performed which is in
2. Funding. Client certifies that funding for compliance with the terms of the Statement of
compensation payable to CPS HR under this Work.
Agreement has been approved by Client's
governing body, either a a part of the general F. Limited Warranty.
operating budget or as a specific item. Client 1. Warranty. CPS HR represents and
further certifies that it anticipates sufficient
cash will be available for payment of warrants that: {i}it has the authority to enter
compensation as required above. Total into this Agreement;{ii}it will comply with
applicable law;and{iii}it will provide Services
compensation under this Agreement will not
exceed 2 .500 in a workmanlike manner consistent with
industry standards. The foregoing warranties
. Late Payments Any invoices not paid shall apply as to each Statement of Work until
within thirty(30)days may incur a service accepted by Client.
charge of the lesser of two percent(2%)or
the maximum allowable by law per month on 2. Warranty Disclaimer. EXCEPT AS
any outstanding overdue balances. In EXPRESSLY SET FORTH HEREIN, CPS HR
addition. reasonable collection costs may be EXPRESSLY DISCLAIMS ANY AND ALL
added to any invoice not paid within ninety WARRANTIES, EXPRESS OR IMPLIED,
(90)days. ORAL OR WRITTEN,WITH RESPECT TO
THE SERVICES AND THE WORK
PRODUCT INCLUDING,WITHOUT
City of Redlands Page 1 of 9 01/00/2014
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of
incurred in that action, arbitration or 8. Counterparts;Facsimile Signature;
proceeding in addition to any other relief to Electronic Signature. This Agreement may
which it may be entitled. be executed in arty number of counterparts, If
this Agreement or any counterpart is signed
4. Governing Law. This Agreement will be and then taxed or e-mailed by POF or
governed by the laws of the State of otherwise,the taxed or-mailed copy bearing
California without regard to its rules the signature stuff be as good as the original,
concerning conflict of laws. wet-ink signed copy for all intents and
purposes.
5. Force MaJeurs. Neither Party shall be
liable for delays caused by fire.accident, 9. Authority to igm The person signing
labor dispute,war,insurrection, riot,act of this Agreement on bellied of this Client(the
government,superior force,or any other Principal Signer)represents that he or she is
cause reasonably beyond its control. the head of the agency or is otheivAse duly
authorized to sign this Agreement and to bind
6. Wahter. The failure of any Party at any the Client,
time or times to require performance of any
provision of this Agreement shall in no
manner affect its tight to enforce that 10.Ambiguities. As this Agreement has
provision at a later time. Nor shall the waiver been voluntarily and freely negotiated by
by either Party of a breach of any provision of both parties,the rule that ambiguous
this Agreement be taken or held to be a contractual provisions are I construed
waiver of the provision itself. No waiver shall against the drafter of the provision shall be
be enforceable unless made in writing and inapplicable to this Agreement.
signed by the Party granting the waiver.
7. Entire Agreement; Modifications. This
Agreement constitutes the entire agreement
between the parties regarding the subject
matter hereof and supersedes all other
agreements,representations and warranties.
All Sri odiftcations and supplements to this
Agreement must be in writing and signed by
both parties.
Cooperative Personnel Services dba City of Redlands
CPS Hk nsu 35 Cajon Street,Suite 10, Redlands,CA 92373
241 La 1 W acramento.
By: 221j By'
Aulhori zed Soiature Authorized Signature
Name: Name.,
Title- r,y Title: A N C I
Date: Date: U o-A
ATTEST:
Sam Irwin, Redlands<Ci�ttyy ' er
City of Redlands Page 3 of 9 02[08/20[08/20 14
Exhibit A
Statement of Work
Volunteer Resources Coordinator Recruitment
All changes to this SOW must be mutually agreed to and executed in writing by duly authorized representatives of
both parties as an amendment to this SOW, Capitalized terms used herein shall have the meanings ascribed to them
in the Agreement.
1. SERVICES: Services to be provided areas described in Attachment"A-1"attached hereto and incorporated
herein.
2, CLIENT RESPONSIBILITIES:
a. Client must timely perform all those Client roles and responsibilities set forth in this SOW. Successful
completion of this project within the time specified depends largely upon an effective working relationship
between Client and CPS HR project staff. For this reason, CPS HR requests that Client designate an individual
to coordinate communication, meetings, interview schedules, and review of products with the project team.
Client's Project Representative will be responsible for the following activities:
1. Coordinating all meeting schedules, conference calls,facilities and equipment needs
2. Coordinating interview schedules and facilities and distributing project update information
b. Any work products developed during the activities described above will be submitted to Client's Project
Representative for review,comment and/or approval. This is a critical step to ensure accurate, reliable, and valid
products.
I START DATE(S):January 8, 2014
4, COMPLETION DATE(S): April 15, 2014
5. CPS HR PROJECT MANAGER: Pamela Derby Phone Number- (916)471-3126
6. CLIENT PROJECT REPRESENTATIVE: Kimberlee Braun Phone Number: (909)798-7679
7, BUSINESS EXPENSES: Not to exceed$6,500.00
8, SERVICE FEES: $17,000.00
a. All Services provided to Client by CPS HR hereunder are priced on a FIXED PRICE basis. All amounts are
based upon the following assumptions.Any deviations from the following assumptions may result in an increase
in the Fees: (i)Client will timely perform its responsibilities as set forth in this SOW;and(ii)Services will normally
be performed during normal business hours,Monday through Friday,8:00 a.m.to 5:00 p.m.,excluding CPS HR
holidays("Normal Business Hours"),
b, CPS HR will invoice Client at the fixed fee rate of$17,000, plus expenses, billed in three monthly installments
with a fourth and final installment of$2,000.00 billable upon project completion, Incidental expenses such as
lodging,parking,meals,mailing costs,etc.,will be billed at actual cost and are not to exceed$6,500.00. Mileage
will be billed at the current U.S. Internal Revenue Services approved rate,
c. Invoices will be submitted for payment on a monthly basis. Client will pay CPS HR within thirty(30)days
following receipt and approval of a proper consultant invoice.
9, In the event the project is terminated early, CPS HR will be paid such amount as is due for professional
services performed and out-of-pocket expenses incurred up to and including the effective date of termination.
10, This SOW covers work requested and performed prior to the commencement of this SOW.
City of Redlands Page 4 of 9 12/23/2013
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mail will have a direct link to the brochure embodied in the e-mail message. We also send letters and brochures
directly to prospective candidates and referral sources soliciting interest in the position.
Phase 11 -Recruitment
Task I -Identify and Contact Potential Candidates
This very crucial task includes a variety of activities designed to attract the best available candidates. In addition to
the placement of advertisements in appropriate professional journals, CPS HR will:
11 Contact respected and experienced local government professionals to identify outstanding potential
candidates on a referral basis. CPS HR maintains a comprehensive, up to date database of such
professionals;however,we do not rely solely upon our current database. We also conduct specific research
to target individuals relevant to your specific needs and expectations to ensure that we are thorough in our
efforts to market this position to the appropriate audience to garner a diverse and quality pool of candidates.
These individuals,as well as potential candidates,are typically contacted very soon after they have received
a recruitment brochure in order to maximize the impact of the multiple contacts.
0 Select top quality candidates for consideration from past recruitments.
0 Provide each potential candidate with a copy of the recruitment brochure transmitted with a personal letter,
11 Contact potential candidates by telephone to explain the career opportunity, answer questions, and
encourage them to submit a resume- Oftentimes this component necessitates multiple conversations with
the same person to pique their interest and to answer their questions.
As a consulting firm that interacts with hundreds of public sector executives during engagements,we have a cadre of
individuals who we inform of recruitments, both to increase the visibility of the opening and to attract appropriate
individuals who fit the special needs of the client. Communication with these professionals,both via personal phone
call and e-mail, ensures that an accurate picture of the requirements of the job is apparent and proliferated
throughout their professional networks. The approach utilized by CPS HR employs the following techniques:
0 Communicating to candidates,through advertising materials and verbally,a strong sense of the purpose and
strategy of the City. For many talented individuals,understanding these aspects is one of the key motivators
to compete in such an environment.
IN Providing guidance and resources to candidates regarding the area's cost of living, mean and median
housing prices,higher education opportunities, K-12 education information,and other aspects of interest to
those who are considering a move to the area. We have found that potential candidates sometimes make
the decision not to apply based on rumored information, rather than facts and research.
0 Actively seeking individuals who are highly visible in the field—widely published,frequent presenters and/or
thought leaders—who are seemingly ready for the next step to the open position or the challenge of an
agency like the City of Redlands. These highly qualified candidates may be attracted by the prospect of
collaboration with other agencies, maintaining mutually beneficial relations with the school system, or
continuing to ensure the public confidence in the integrity of the position and the agency.
Task 2—Resume Review and Screening Interviews
All resumes are submitted directly to CPS HR for initial screening. This screening process is specifically designed to
assess the personal and professional attributes the City is seeking and includes:
19 A thorough review of each candidate's resume and other supporting materials.
11 Personal interviews with the candidates who appear to best meet the City's needs. This group typically
includes approximately 10-15 candidates, CPS HR spends extensive time ascertaining each candidate's
long term career goals and reason(s)why the candidate is seeking an opportunity,as well as gaining a solid
understanding of the candidate's technical competence and management philosophy. We also gather data
on any other unique aspects specific to this recruitment based upon the candidate profile.
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0 CPS HR conducts internet research on each candidate interviewed,to include newspaper articles and blog
checks.
CPS HR conducts as many interviews in person as is reasonable within the timeframe and pricing matrix established
with the City.
Task 3—City Manager or Selection Committee Selects Finalists
At the conclusion of the previous tasks, CPS HR prepares a written report that summarizes the results of the
recruitment processes and typically recommends five to eight candidates for further consideration by the City, This
report includes candidate resumes and a profile on each interviewee's background. CPS HR will meetwith the Hiring
Authority to review this report and to assist the City in selecting a group of finalists for further evaluation,
Phase III -Selection
Task 1 -Design Selection Process
Based on the results of the meeting conducted in Phase 1,CPS HR designs a selection process to be utilized by the
City in assessing the most qualified final candidates. This process typically includes an in-depth interview with each
candidate, but may also include other selection tools such as an oral presentation, preparation of written materials
and problem-sotving exercises. CPS HR will meet with the City to review this process and discuss the City's
preferred approach in assessing the final candidates.
Task 2-Administer Selection Process
CPS HR coordinates all aspects of the selection process for the City. This includes contacting both the successful
and unsuccessful candidates,preparing appropriate materials such as interview questions;evaluation manuals;other
assessment exercises;facilitating the interviews;and assisting the City with deliberation of the results of the selection
tool(s).
Optional Services for Public Safety and Top Level Positions:
In our opinion,a combination of performance-based selection tools(such as the assessment center method)and a
panel interview is the most effective method to uncover each candidate's overall strengths and weaknesses.
Although research indicates that structured oral interviews are predictive of future performance, the amount of
information that can be gleaned can be limited. Assessment centers are used to augment that pool of information by
placing candidates in job-related, practical exercises during which they actually perform the tasks required by the
successful Executive.
The fee for an assessment center process is typically an additional$4,000, Our proposed methodology is described
below.
A. Develop Assessment Center Dimensions
The first step in this process will be to utilize the ideal candidate profile and all supplemental information collected as
part of its development to identify both the management skills and style that would be appropriate for the new Chief,
and to operationally define the performance dimensions (a.k.a. assessment dimensions) to be evaluated in the
assessment process. Typical managerial assessment dimensions might include Communication Skills, Decision
Making Ability, Leadership and Interpersonal Relations, Planning/Organization Skills, Adaptability and Flexibility,
Community Orientation,and Professional Skills. Once the assessment dimensions have been drafted,they will be
reviewed with the City to ensure that the critical aspects of the position have been sufficiently captured,
B. Develop Assessment Exercises
Considering the assessment dimensions to be evaluated, we will recommend a series of job-related assessment
center exercises. Possible assessment center exercises might include an In Basket;a Group Discussion Exercise-,
Budgetary, Administrative, and/or Managerial Problem Analysis Exercises-, Role Plays; an in-depth Background
Interview,or Oral Presentation Exercises. The final decision on the specific assessment exercises and their content
will be based on the results of on-site meetings with the City and a review of all pertinent job information.
C. Assessor Selection
CPS HR can recruit the assessors for use on this project. Ideally,this group will be a mix of police or fire service
and/or City Management personnel, and can include members of protected groups as part of the assessor team.
City of Redlands Page 7 of 9 12/23/2013
Depending on the number of exercises utilized, this would be a group of four to six assessors.
D. Conducting the Assessment Center
Based on our experience in this area,we recommend that a 1.5 day assessment center program be administered.
Day#1 would consist of the assessor training and orientation session followed by actual candidate observation and
assessment. Day#2 will begin with the assessors completing their interactions with the candidates,and finish with a
consensus rating for each candidate on each assessment dimension and a final overall evaluation during the latter
part of the morning.
That afternoon,we would present the results of the assessment center to the City. Here,we will facilitate a detailed
verbal report and evaluation of the candidates from the perspective of the assessors. This report will include a
ranking of the candidates in accordance with the assessment dimensions,and descriptions of the relative strengths
and weaknesses of each.
Task 3—Arrange Follow-up Interviews, Final Assessment Process, In-Depth Reference and Background
Checks)
Following the completion of the selection process, CPS HR is available to complete the following components:
■ Reference Checks: in-depth reference checks are a comprehensive 360 evaluation process whereby we
speak with current and previous supervisors,peers and subordinates. It is our policy to not contact current
supervisors until a job offer is made contingent upon that reference being successfully completed so as not
to jeopardize the candidates' current employment situation. The candidates are requested to provide a
minimum of ten reference sources. CPS HR is able to ascertain significant, detailed information from
reference sources due to our assurance and commitment to them that their comments remain confidential
which leads to a willingness to have an open and candid discussion with CPS HR. A written summary of the
reference checks is provided to the Client.
■ Background Checks:we arrange for a background records check of an applicant's driving record,court and
credit history, education verification, newspaper article research and other sensitive items.
Project Time Line
CPS HR is prepared to begin worts upon receipt of a fully-executed contractual agreement. We can complete all
search activities up to and including the selection, in 14 to 16 weeks. The precise schedule will depend on the
placement of advertising in the appropriate professional journals,and the ability to schedule,as quickly as possible,
the initial meeting. A proposed schedule of major milestones is presented below.
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Cost
F-e-es for Pfessional Services
The base professional fee for an executive recruitment as outlined is$17,000 whether for an Executive,Manager,or
Mid-Manager. Our professional fee covers all CPS HR services associated with Phases 1, H and III of the
recruitment process,including the necessary field visits(up to three)to develop the candidate profile and recruitment
strategy, assist the City in finalist selection, and facilitate candidate interviews with the City.
Additional professional fees for an Assessment Center(typically used for public safety positions,such as Fire Chief
and Police Chief), are approximately$4,000.
Reirribursalaile Expenses
Actual out-of-pocket expenses for such items as consultant travel,advertising, marketing,long distance telephone,
printing/copying,and postage/delivery charges are reimbursable at cost. There is no mark-up on expenses and we
will work Proactively with ft Ch to ensure that the dollars being spent for gxpenses are in k=iffl.with the City's
expectations. Travel expenses for candidates who are invited forward in the interview process are not included
under our reimbursable range. The listed reimbursable expenses range includes a background check on the selected
finalist candidate. Additional costs could include a special public safety background check, assessment center
expenses, and the cost of a Hogan Personality Profile-to determine leadership abilities(typically used for top level
positions)
Estimated Range...........................................$6,800-$6"500
Professional fees and reimbursable expenses would be billed and paid monthly.
Approximate standard recruitment costs include:
W Advertising ($3,000)*
X Brochure design/printing ($1,500)
V Mailings($200)
Consultant travel(based on three trips-approx. $500)
Background check-one candidate($450)
Other recruitment expenses(supplies, shipping, long distance phone calls-$100)
*Advertising costs for legal positions are typically higher than for other types of positions and could be approximately
$5,500
Optional expenses for public safety or top level recruitments include the following:
W Public Safety Background check-per candidate($2,500)
19 Assessment Center expenses ($1,700)
41 Hogan Inventory-per candidate($150)
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