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HomeMy WebLinkAbout18- Professional Services Agreement - CPS HR Consulting - Human Resources Director Recruitment Services f f se�r�W PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of OCXdv;� , 201X by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and CPS HR Consulting, with offices located at 2450 Del Paso Road Suite 220, Sacramento, CA 95834, hereinafter referred to as "Contractor." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged,the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Attachment "A" and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate pursuant to Sections 8 or 9, upon successful placement of a Human Resources Director. In no case shall this agreement be effective beyond March 15, 2019, unless agreed to by the parties pursuant to Section 16. 3. Scone of Work: Contractor will perform the work and provide the full recruitment services in accordance with the letter dated October,2018,to Bethany Jorgenson from Melissa Asher, Senior Practice Leader, Products and Services (the "Scope of Services"). For conflicts between this Agreement and the Scope of Services,unless specifically provided otherwise,the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: Professional Services Agreement CPS HR Consulting—HR Director Page 1 of 10 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost,progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party,whether rights of copyright,trademark, privacy,publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business,except for those members who are exempted by law. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses,expenses, liabilities(including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) or Professional Services Agreement CPS HR Consulting—HR Director Page 2 of 10 the any negligent, reckless, or intentional misconduct of any of the Contractor's agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses,including reasonable defense attorney fees,to the extent caused by the negligence or willful misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of,or in any way connected with or incident to the performance of this Agreement except"responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above,Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. Professional Services Agreement CPS HR Consulting—HR Director Page 3 of 10 The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation—statutory; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability- $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Fault"). The City may then take over the work and complete it,either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. Professional Services Agreement CPS HR Consulting—HR Director Page 4 of 10 C. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. C. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly Professional Services Agreement CPS HR Consulting—HR Director Page 5 of 10 waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be Anna Rosenberry, Assistant City, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Bethany Jorgenson as the City's Representative and approvals or authorizations shall be issued only by such Representative; provided,however,that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Teresa Webster or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement,such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,rules,and regulations,obtain all necessary permits,licenses,including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. Professional Services Agreement CPS HR Consulting—HR Director Page 6 of 10 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71,MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person,bar a person from employment,or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race,color,religion,creed,political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under this agreement. 15. Intoxicants;DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.Department of Transportation (DOT)regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising Professional Services Agreement CPS HR Consulting—HR Director Page 7 of 10 hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties,the parties may invite an independent,disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor's indemnification shall survive the termination or expiration of Professional Services Agreement CPS HR Consulting—HR Director Page 8 of 10 this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement CPS HR Consulting—HR Director Page 9 of 10 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMA ,-MONTANA CPS HR Consulting By B � 7 An rea Surratt, City ana r Print Name: Sandy MacDonald-Hopp Print Title: Chief Financial Officer APPROVED AS TO FORM: By Greg 4qllivan,Bozeman City Attorney Professional Services Agreement CPS HR Consulting—HR Director Page 10 of 10 Attachment A CPS HR CONSULTING PROPOSAL City of Bozeman Executive Recruitment Services for Human Resources Director October 4, 2018 SUBMITTED BY: MELISSA ASHER Sr. Practice Leader, Products and Services CPS HR Consulting 2450 Del Paso Road,Suite 220 Sacramento,CA 95834 P:916-471-3358 masher©cpshr.us Tax ID: 68-0067209 www.cpshr.us Your Path to Performance CPS HR CONSULTING October 4, 2018 Bethany Jorgenson, Human Resources Director City of Bozeman 121 N Rouse Avenue Bozeman, MT 59715 Submitted via email to:bjorgenson@bozeman.net Subject: Executive Recruitment Services for Human Resources Director Dear Ms.Jorgenson: CPS HR Consulting (CPS HR) is pleased to have the opportunity to submit a proposal to assist the City of Bozeman (City)with the recruitment of a new Human Resources Director. We are uniquely qualified to undertake this effort as we have vast experience in assisting public agencies with executive search, screening, and placement. We understand that each agency is unique, and our extensive experience allows us to tailor our process to specifically meet your needs. Our work with local government agencies throughout the United States gives us an in-depth understanding of government operations, programs, and services. Each recruitment is an opportunity to shape and prepare your organization for the future. We understand how important this transition is for you and are perfectly placed to assist you in this endeavor. Once this project begins, we will work with the City to tailor our process to highlight this exciting opportunity and attract the best possible candidates. It is our commitment to work in partnership with your organization to a successful result. Thank you for the opportunity to be considered for this assignment. Should you have questions or comments about the information presented in this proposal, please contact Melissa Asher at masher@cpshr.us or(916)471-3358. Sincerely, 4&kv- Melissa Asher Senior Practice Leader, Products and Services 2450 Del Paso Road,Suite 220 Sacramento,CA 95834 www.cpshr.us Tax ID:68-0067209 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Table of Contents OurApproach ................................................................................................................................. 1 Key Stakeholder Involvement..................................................................................................... 1 TheCity's Needs.......................................................................................................................... 1 Commitment to Communication ................................................................................................ 1 Aggressive, Proactive, and Robust Recruitment......................................................................... 1 OurProcess..................................................................................................................................... 2 Phase I - Develop Candidate Profile and Recruitment Strategy................................................. 2 Phase II—Aggressive, Proactive, and Robust Recruitment......................................................... 3 PhaseIII —Selection..................................................................................................................... 5 Timeline.......................................................................................................................................... 6 Our Executive Recruitment Team.................................................................................................. 7 TeamBiographies........................................................................................................................ 7 References.................................................................................................................................... 10 Professional Fees, Expenses and Guarantee............................................................................... 11 Professional Services................................................................................................................. 11 Reimbursable Expenses............................................................................................................. 11 Two-Year Guarantee ................................................................................................................. 12 Appendix A: Sample Brochure..................................................................................................... 13 CPS HR CONSULTING Page I i Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Our Approach Key Stakeholder Involvement The Hiring Authority on behalf of City of Bozeman must be intimately involved in the search for a new Human Resources Director. Our approach assumes his/her direct participation in key phases of the search process. At the discretion of the Hiring Authority, other key stakeholders may also be invited to provide input for the development of the candidate profile. The City's Needs A critical first step in a successful executive search is for the Hiring Authority to define the professional and personal qualities required of the Human Resources Director. CPS HR has developed a very effective process that will permit the Hiring Authority to clarify the preferred future direction for the City;the specific challenges the City is likely to face in achieving this future direction; the working style and organizational climate the Hiring Authority wishes to establish with the Human Resources Director; and ultimately, the professional and personal qualities required of the Human Resources Director. Commitment to Communication Throughout the recruitment process, we are strongly committed to keeping you fully informed of our progress. We will collaborate with you to provide updates on the status of the recruitment via your preferred method of communication (phone conference, email, etc.). We place the highest level of importance on customer service and responding in a timely manner to all client and candidate inquiries. Our previous clients and candidates have expressed a sincere appreciation for our level of service and responsiveness to the management of the recruitment process. As a result, we have many long-term relationships with clients that have led to opportunities to assist them with multiple recruitments. CPS HR's communication continues once you have selected the new Human Resources Director. We will contact the Hiring Authority and the newly appointed Human Resources Director within six months of appointment to ensure an effective transition has occurred. Aggressive, Proactive, and Robust Recruitment We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride ourselves in our efforts to reach the best available potential candidates. CPS HR CONSULTING Page 11 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Our Process Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of a new Human Resources Director uniquely suited to the City's needs. r-- -1 Phasel Develop ® Aggressive, P • se III Candidate Profile and Proactive, Selection Recruitment and Robust Strategy Recruitment Phase I: Our consultant will meet with the Hiring Authority to ascertain the City's needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit with the City. Phase II: The recruitment process is tailored to fit the City's specific wants and needs, with targeted advertising, combined with contacts with qualified individuals from our extensive database. Phase III: The selection process is customized for the City. CPS HR will work with the Hiring authority to determine the process best suited to the City of Bozeman. Phase I - Develop Candidate Profile and Recruitment Strategy Task 1- Review and Finalize Executive Search Process and Schedule Task 2-Key Stakeholder Meetings Task 3-Candidate Profile and Recruitment Strategy Development Task 4—Develop Recruitment Brochure The first step in this engagement is a thorough review of the City's needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face a new Human Resources Director. Activities will include: ■ Identifying key priorities for the new Human Resources Director and the conditions and challenges likely to be encountered in achieving these priorities. ■ Describing the type of working relationship the Hiring Authority wishes to establish with the Human Resources Director. ■ Generating lists of specific competencies, experiences, and personal attributes needed by the new Human Resources Director in light of the discussions above. CPS HR CONSULTING Page 12 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director ■ Discussing recruitment and selection strategies for the Hiring Authority's consideration to best produce the intended results. CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria. Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review prior to printing. Please refer to Appendix A for a sample brochure. Additional brochure examples are available on our website at www.cpshr.us/search. Phase II —Aggressive, Proactive, and Robust Recruitment Task 1—Place Advertisements Task 2- Identify and Contact Potential Candidates Task 3—Resume Review and Screening Interviews Task 4—Hiring Authority Selects Finalists The recruitment process is tailored to fit the City's specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database. As a human resources consulting firm, we have broad contact with HR professionals throughout the U.S. CPS HR will prepare, submit for your approval, and publish advertisements in appropriate magazines, journals, newsletters, job bulletins, and websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy. Examples may include: ■ City's website ■ IPMA-HR Chapter websites (Idaho, Colorado,Oregon, ■ CPS HR website Washington) ■ NPELRA ■ Montana League of Cities and Towns ■ IPMA-HR National ■ Careers in Government ■ Careers in Government ■ Wyoming Association of Municipalities ■ Linkedln ■ Western Region IPMA-HR Within the past five years, we have successfully placed more than 170 minority and female candidates in executive level positions. 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 our client. Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks. CPS HR CONSULTING Page 13 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the Human Resources Director brochure along with a personal invitation to contact CPS HR should they have any questions about the position. CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, we do not rely solely upon our current database. We also conduct 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 and to garner a diverse and quality pool of candidates. We will: ■ Convey 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. ■ Provide 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 relocating to the area. ■ Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City. CPS HR will directly receive and initially screen all resumes. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's resume, and if applicable, supplemental questionnaire responses and other supporting materials. CPS HR will spend extensive time ascertaining each candidate's long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate's technical competence and management philosophy. We will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet research on each candidate interviewed. CPS HR will prepare a written report that summarizes the results of the recruitment process and recommends candidates for further consideration by the Hiring Authority. Typically, the report will recommend five to eight highly qualified candidates and will include resumes and a profile on each interviewee's background. CPS HR will meet with the Hiring Authority to review this report and to assist them in selecting a group of finalists for further evaluation. Phase III — Selection Task 1-Design Selection Process Task 2-Administer Selection Process Task 3—Final Preparation for Appointment CPS HR CONSULTING Page14 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director CPS HR will design a draft selection process based on information gathered in Phase I. We will meet with the City to review this process and discuss the City's preferred approach in assessing the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem-solving exercises. We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates. Following the completion of the selection process, CPS HR will be available to complete the following components: ■ Arrange Follow-up Interviews/Final Assessment Process:Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort. ■ Conduct In-Depth Reference Checks:The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (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.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City. ■ Conduct Background Checks: We will arrange for a background check of a candidate's records on driving, criminal and civil court, credit history, education, published news, and other sensitive items. Should any negative or questionable content appear during these checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full picture of the situation to the City for further review. CPS HR CONSULTING Page 15 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Timeline The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed contractual agreement. All search activities up to and including the selection of a new Human Resources Director can be completed 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. • -. : - • •, ➢ � .so ➢ CPS HR CONSULTING Page 6 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Our Executive Recruitment Team CPS HR has assembled a strong project team with each member possessing extensive recruiting experience and a direct, in-depth understanding of local government. The specific project manager will be determined based on our ability to meet all your customer service needs in a timely and effective manner. We will not utilize subcontractors for these services. No staff members will be removed or replaced without the prior written concurrence of the City. Role/Project Assignment Name Phone Email Senior Executive Recruiter Pamela Derby 916-471-3126 pderby@cpshr.us Executive Recruiter Teresa Webster 916-471-3462 twebster@cpshr.us Executive Recruiter Josh Jones 916-471-3301 jjones@cpshr.us Executive Recruiter Jill Engelmann 916-471-3377 jengelmann@cpshr.us Team Biographies Pamela H. Derby Since joining CPS HR Consulting in 2003, Pam Derby has conducted a wide range of recruitments for county, city, special district and association executives including city attorney, executive director, general manager, city manager, assistant and deputy city manager, police chief, community and economic development director, human resource director, finance director, city administrator, registrar of voters, library director, and director of information technology in addition to specialized support positions. Prior to joining CPS HR, Ms. Derby served as the Aide to the Yuba County Board of Supervisors serving as the Board's liaison to County Department Heads,the community, and the media. This experience provided her with a unique perspective into the special circumstances that exist in a Board/Council-Manager relationship and a keen awareness of the inner workings of local government. She is sensitive to balance the wants of the community with the needs of the client so as to tailor a recruitment process that reaches out to the most appropriate candidates and ensures a diverse group of individuals from which to make a selection. She has successfully employed these techniques in jurisdictions ranging from under 10,000 to 10 million. Moreover, she employs a firmly-held personal philosophy that candidates must be treated with the same respect and careful consideration as her client. Previous to her local government service, Ms. Derby served in the private sector and with several non-profit lobbying associations where she was responsible for the management of several large consumer groups. CPS HR CONSULTING Page17 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Teresa Webster Ms. Webster has over 17 years of professional consulting and marketing experience in public sector human resources, including experience in the areas of project management, marketing communications, administration, and employee recruitment. She has worked as a CPS HR consultant for more than ten years, where she has managed or completed a wide variety of projects for CPS HR Consulting (CPS HR) subject matter experts and senior executive staff. Ms. Webster conducts executive and mid management level recruitments for public sector clients. She serves as a project manager and client liaison ensuring all phases of the recruitment are progressing in a manner satisfactory to the client. As part of the CPS HR Executive Search team, she writes advertisements, recruitment brochure text, does email outreach, builds target candidate lists based on candidate requirements, researches other sources for outreach and candidate pools, does screening interviews, helps facilitate candidate interviews, and conducts candidate reference checks. Ms. Webster serves as liaison for business units collaborating on recruitment marketing plans and strategies. She works closely with unit managers, coordinators, and staff to support the organization's mission and direction. Josh Jones Josh Jones brings nearly ten years of public sector experience to his role as Executive Recruiter at CPS HR Consulting. He holds a Master's degree in Public Administration from the University of Kansas and has worked with both cities and counties in such high-level roles as City Manager and Deputy CAC). With this direct professional experience, Mr. Jones brings a practitioner's touch to recruitments and understands the unique needs of clients whether they are elected officials or management staff. Combining this knowledge with a sincere interest in the client's success, he ensures an exceptional level of service and satisfaction. Utilizing his extensive professional network and data-driven recruiting techniques, Mr. Jones successfully sources high-quality candidates for both urban and rural clients in a wide variety of public sector fields including city and county management, housing, transit, social services, emergency communications, public safety, utilities, finance, municipal law, and more. He fosters genuine relationships and enjoys enriching the professional lives of clients and candidates alike through his recruitment services. CPS HR CONSULTING Page 18 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Jill Engelmann Jill Engelmann has over thirty years of professional and management experience in public sector Human Resources. Ms. Engelmann has extensive leadership experience in all areas of Human Resources including recruitment and selection, classification and compensation, training, employee relations, benefits, workers' compensation, personnel policy development and job analysis obtained through her recent work as Assistant Director of Human Resources for the County of El Dorado, Principal/Project Consultant for CPS HR Consulting, Human Resources Manager for El Dorado Hills Fire Department and Northern California Power Agency and Senior Human Resources Consultant for the California Independent System Operator, to name a few. As a Principal Consultant, Ms. Engelmann managed the Merit System Services unit of CPS HR Consulting. Ms. Engelman led and directed a team of six Human Resources Consultants, a Program Coordinator, and three Human Resources Technicians; responsible for providing recruitment, selection, classification, and general guidance on HR related issues and policy/rule interpretation services to the Social Services/Human Services Departments and Child Support Services Departments in twenty-five counties throughout California. Her responsibilities included team leadership, training, interviewing and hiring employees, work assignment and review, completion of performance evaluations, project management, the establishment of unit goals and strategic direction, and serving as the liaison with the California Department of Human Resources, the California Welfare Director's Association, and the various counties served. While in this position, she also led projects to significantly change recruitment materials and strategies, revise the structure and rating of oral interview exams, and complete several system-wide job analyses and develop new written exams. As a Principal/Project Consultant, Ms. Engelmann also conducted and managed a broad variety of human resources projects and assignments for public sector and non-profit organizations. In this role she managed teams of professional, technical, and support staff on numerous classification, total compensation, recruitment, selection, job analysis, personnel policy development, and performance management system projects. CPS HR CONSULTING Page 19 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director References Provided below is a partial list of clients we have recently worked with in providing similar executive recruitment services. We are confident that these public-sector clients will tout our responsiveness and ability to successfully place candidates that were a good fit for their organization's needs. CLIENT/POSITIONS • Lake County Carol Huchingson, County Administrative Officer 255 N. Forbes Street (707) 263-2580 Lakeport, CA 95433 Carol.Huchingson@lakecountyca.gov Human Resources Director Sutter County Scott Mitnick, County Administrative Officer 1160 Civic Center Blvd (530)822-7100 Yuba City, CA 95993 smitnick@co.sutter.ca.us Human Resources Manager County of Contra Costa Kathy Ito, Human Resources 40 Douglas Drive (925) 335-1754 Martinez, CA 94553 Kathy.lto@hrd.cccounty.us Assistant Director of Human Resources City of Boulder Linda Rad, Learning&Organizational Manager 1777 Broadway Street (303)441-3046 Boulder, CO 80302 radl@bouldercolorado.gov Diversity Officer CPS HR CONSULTING Page 10 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Professional Fees, Expenses and Guarantee Professional Services Our professional fixed fee covers all CPS HR services associated with Phases I, II, 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 with finalist selection, and facilitate candidate interviews. Reimbursable Expenses Actual out-of-pocket expenses for such items as consultant travel, advertising, marketing, printing/copying, and postage/delivery charges are reimbursable at cost. There is no mark-up on expenses and we will work proactively with the City to ensure that dollars being spent for expenses are in keeping 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. Professional Fixed - - & Reimbursable . - Professional Services Full Recruitment(Fixed Flat Fee) $17,000 Reimbursable Expenses Approximate recruitment costs include: ■ Brochure Design and Printing $6,000-$6,500 ■ Advertising ■ Background check for one candidate ■ Other recruitment expenses such as supplies,travel, and shipping - 00 *Professional fees and reimbursable expenses would be billed and paid monthly. Optional: Recruitment Video In addition to the standard recruitment brochure, CPS HR can develop a recruitment video to attract a wider range of applicants. More than 63% of organizations are now using visual media to attract the attention of job seekers, convey the culture of the organization, and effectively expand the talent pool. For this approximately three-minute video, CPS HR will arrive onsite to film footage of the work place and community, as well as conduct onsite interviews with selected employees. This video is optional and costs$3,500, raising the Not-to-Exceed Total to$27,000. CPS HR CONSULTING Page111 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Two-Year Guarantee If the employment of the candidate selected and appointed by the City as a result of a full executive recruitment (Phases 1, 11, and 111) comes to an end before the completion of the first two years of service, CPS HR will provide the City with professional services to appoint a replacement. Professional consulting services will be provided at no cost. The City would be responsible only for reimbursable expenses. This guarantee does not apply to situations in which the successful candidate is promoted or re-assigned within the organization during the two-year period. Additionally, should the initial recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. CPS HR does not provide a guarantee for candidates placed as a result of a partial recruitment effort. CPS HIR CONSULTING We thank you for your consideration of our proposal. We are committed to providing high quality and expert solutions and look forward to partnering with the City of Bozeman in this important endeavor. CPS HR =CONSULTING Page112 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director Appendix A: Sample Brochure -- THE OPPORTUNITY Human A chance to work in a gorgeous setting with unlimited outdoor recreational activities. If you are yearning for a rural residential esources setting;if you are sick of traffic;and you're a seasoned HR practitioner who can lead and inspire your team,consider Lake County. Director CPS HRMAMLCONSULTING Page 13 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director THE REGION company.Incredible festivals,popular cycling events,such as the Konocti Challenge,Halloween Spooktacular and Trick or Treating Lake County is located in the beautiful north coast region of on Main Street,and California's firstquilt trail are rare treats of the California,Just a shortdrive from Sacramento,the mast and the rural lifestyle.Fourth of July fireworks displays all around the lake, Bay Area.With a population of around 65,000 and covering over with ancient Mt.Konocti in the background,and lit by a full moon, 1,300 square miles,there is plenty of room to recreate in Lake is something you'll never forget. County Outdoor activities abound,including cycling,hiking, fishing,water sports,birding,off-roadirg and horseback riding. Lake County Is the perfect place to escape the stressors of urban Clear Lake,perhaps the oldest lake in North America Is ranked living Approximately 250 days of sunshine rounds out the relaxed by Bassmaster as one of the Top 10 bass fishing lakes In North living in Lake County ensuring sun-lit days for exploration and America.Try our marry streams and reservoirs for fishing and discovery,Our nighttime skies are undimmed by city lights. recreating opportunities throughout Lake County on most Our natural beauty refreshes your senses.Little traffic„healthy weekends,including the wildly popular Catfish Derby,Sprint lifestyle,a tremendous sense of community,and the cleanest air In Boats,Seaplane Splash In and the gorgeous boats of Wood& California are Just some of the many reasons to live in Lake County. Glory,the largest antique boat show on the WestCoast,to name For some stunning glimpses of Lake Courtrt Just a few. g$ p y Experience the growing renown of our wine region:Lake visit https;//Iakecounty.com/ County boasts seven American Viticultural areas,each with distinctive style,and fs home to 38 wineries and growing.Oun rich IDEAL CANDIDATE agricultural heritage is evident in our world-class products like pears,walnuts and wine grapes,and a vibrant farmer's market/ The Human Resources Director will be a forward thinker,not farm-to-table movement.Our burgeoning arts community is a only analyzing current priorities,but creating and adapting great way to make friends while enjoying good food and great solutions for anticipated needs.The Ideal candidate will be a leader who can make the changes necessary to keep Lake County a desirable place to work.The County is looking for a seasoned HR professional with a highly collaborative,customer service approach.Exceptional communication skills are needed In this role.The Director will serve as a mentor to staff and strive to create a climate for success. THE POSITION The government of lake County recently embarked on a ten- year plan of community visioning.After several resident forums _ and focus groups,the Board of Supervisors adoptedVisIon 2028 —Reimaging Lake County—Ten Key Priorities for the Next Ten Years.One of these priorities is supporting the County workforce -- — through targeted training,retention and recruitment solutions. The Country's next HR Director will play crucial role In achieving this priority. CPS HR CONSULTING Page 14 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director For more information on the agency visit https://www.Iakecotintyca.gov/ ' Reporting to the County Administrative Officer,this management position oversees all human resources functions of the County. The Director will supervise assigned staff including a Deputy Director,analysts,technicians and support personnel.This position will be expected to work effectively with County department heads,managers and supervisors. Examples of Essential Duties Oversee the ieciuiunent and selection of people to fill County position vacancies Direct the development and/or revision of County policies related to Human Resources functions Provide input and direction for the development and conduct of employee discipline processes and grievance handling, Keeping pace with recruitments-creatively address vacancy ensure proper administration of disciplinary actions rate and actively look for methods to reduce the length of the Develop and administer the Human Resources budget rerruirrrtent process Perform a variety of professional staff work in the development Maintaining and enhancing customer service assist internal of the County compensation plan Customers,within the context of applicable regulation,while Work with the County Administrative Officer to assist with creatively finding a way to'yes' employer-employee relations and development of collective bargaining positions recommendations for the Board of MINIMUM QUALIFICATIONS Supervisors - Conduct ongoing development and maintenance of the A typical way to meet the required knowledge aril abilities would County classification plan,including the establishment of new be. classifications and the revision of existing classes Five years of increasincily responsible work experience in Human For a full description of duties and the role see Resources administration,Including experience In recruitment fittp//www.epshrus/documents/ExecSearch/LakeCounty_HRDpdf and selection,position classification,and labor relations,which Included at least two years of experience in a supervisory or TOP PRIORITIES management position And Lake County s Human Resources Director will focuson the Education equivalent to graduation from a four-year college following initiatives or university with a major in business administration,public Refreshing HR processes and rules-examine current adrninistntion,or a closely related field conditions arid,will in the scope of the law,work to build a highly Special Requirements: runctioning and agile HR team Possession of,or ability to obtain,a valid California Driver's license. •� r"� I I :fir�.^ ,,1• CPS HR � .CONSULTING Page 15 Proposal to the City of Bozeman Executive Recruitment Services for Human Resources Director COMPENSATION AND BENEFITS Department paid cell phone or cell phone stipend are available Deferred compensation plans,credit union membership, 1 fie salary range for the Human Resources Director is$6,803 AFLAC,AIRMed Care and Supplemental Life Insurance are -$8,270 per month.Starting salary will be dependent upon available experience.In fiscal year 2018/2019 the County will complete a Additional benefits with qualification criteria irxlude:moving classification and total compensation study. allowances,prior government service toward vacation accrual, Lake Countyoffers the following benefits to its n-anagerrent staff, purchase of vacation and sick time on appointment,tuition Retirement:The County participates inCaiPERS retirement,(2% reimbursement. @ 55 formula-Classic•2%@ 62 formula-New) APPLICATION AND Management leave:40 hours paid administrative leave per year SELECTION PROCEDURE that may be cashed out Health Insurance:The County currently pays a$800 monthly The final filing date is June 22,2018 lobe considered,please contribution toward the employee's choice of medical,dental submita detailed iesurrrrs,cover letter,and a list of six work- and vision insurance. related references(who will not be contacted until the late stages $5.000 life Insurance and$5.000 AD&D Is provided of the recruitment and will be coordinated with the successful Holidays and Vacation:13 paid holidays per year candidate)Your r6surn6 should indicate the size of staff and Three weeks of paid vacation per year for the first through fifth budgets you have managed and also reflect both years and year of employment;increasing with service months with regard to the employment dates for current and 12 days of paid sick leave per year which are accrued and not prior positions held.Please submit your materials through our capped website at https//secure.cpshr.us/escandfdate/)ObDetall?ID=349 Various pretax options such as dependent care,and Rdsum6s will be screening for minimum quallficatlon and then unreimbursed medical, forwarded to the County for further consideration. For additional information about this position please contact Teresa Webster at916.471.3462 or lwebsler@Lpshr.us. ' CPS HR CONSULTING CPS HR Consulting (916)263-1401 Website.wwwcpshi us/search lij! F CPS HR CONSULTING NNEW: Page 16