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HomeMy WebLinkAboutContract CAG-20-014 GOY O A, 0+ + FNTO* AGREEMENT FOR EXECUTIVE SEARCH FOR CITY OF RENTON, PUBLIC WORKS ADMINISTRATOR THIS AGREEMENT, dated January /'f , 2020, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Colin Baenziger & Associates ("Consultant"), a sole proprietorship. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide executive recruiting services for City of Renton Public Works Administrator, as specified in Consultant's proposal which is attached and incorporated herein as Exhibit A, and which may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions,deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement upon execution of the Agreement. All Work shall be performed by no later than July 1, 2020. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $26,500, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed,the Consultant shall submit a voucher or invoice in a form PAGE 2 OF 10 specified by the City, including a description of what Work has been performed. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: A.The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B.In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. PAGE 3 OF 10 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. PAGE 4 OF 10 9.Independent Contractor Relationship: A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the PAGE 5 OF 10 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12.City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. PAGE 6 OF 10 D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Ellen Bradley-Mak, HRRM Administrator 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7657 Email: ebradley-mak@rentonwa.gov Fax: (425) 430-7665 CONSULTANT Lynelle Klein 2055 South Atlantic Avenue, Suite 504 Daytona Beach Shores, FL 32118 Phone: (425) 658-7025 Email: lynelle@cb-asso.com Fax: (888) 539-6531 PAGE 7 OF 10 17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City’s project manager is Ellen Bradley- Mak, Administrator, Human Resources and Risk Management (HRRM) Department. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. PAGE 9 OF 10 F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original,and all of which will together constitute this one Agreement. IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENT N CONSULTANT By: By: hi K&J4L Arm Pavone Lyne a Klein* Mayor Vice President for Operations 1. 1�f ,2D * Pursuant to express authorization of 1 C.Baenziger;see Exhibit A Date �] Attest )1")- DA) Date Jaso A. eth City Jerk App oved as to Legal Form By:..r444f-e Shane Moloney City Attorney Contract Template Updated 03/12/2019 ; * " SEAL - * " C) IN ED I ,S \,\'�� PAGE 10 OF 10 PROPOSAL TO ASSIST THE CITY OF RENTON, WA IN THE RECRUITMENT OF PUBLIC WORKS ADMINISTRATOR Volume I Colin Baenziger & Associates Contact Person and Project Manager: Lynelle Klein, VP for Operations (425) 658-7025 Colin Baenziger & Associates 23016 NE 51st Street Redmond, WA 98053 e-mail: Lynelle@cb-asso.com Fax: (888) 539-6531 …Serving Our Clients with a Personal Touch… EXHIBIT A PROPOSAL TO FIND THE CITY’S NEXT PUBLIC WORKS ADMINISTRATOR TABLE OF CONTENTS SECTION PAGE LETTER OF TRANSMITTAL I.QUALIFICATIONS AND EXPERIENCE OF FIRM 3 The Firm Our Services Technical Capabilities and Organizational Structure Completion of Projects within Budget Completion of Projects on Schedule Search Completion Rate Diversity Prior Names and Litigation Insurance Overall Executive Search Experience II.METHODOLOGY 7 III.FEE AND WARRANTY 13 IV.PROPOSED PROJECT TEAM 15 Project Team and Involvement Resumes of Key Staff V.REFERENCES 19 VOLUME II APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS A-1 APPENDIX B: SAMPLE RECRUITMENT BROCHURE B-1 APPENDIX C: SAMPLE CANDIDATE REPORT C-1 APPENDIX D: SAMPLE SURVEY D-1 APPENDIX E: RESOLUTION OF ST. JOHNS COUNTY, FL E-1 APPENDIX F: COMMENTS ON CB&A’S VETTING PROCESS F-1 DAYTONA BEACH SHORES, FL REDMOND, WA December 12, 2019 The Honorable Ellen Bradley-Mak, Human Resources and Risk Management Administrator EBradley-Mak@Rentonwa.gov Renton City Hall 1055 S. Grady Way Renton, WA 98057 Dear Ms. Bradley-Mak: Colin Baenziger & Associates (CB&A) appreciates the opportunity to submit a proposal to assist in screening candidates for your next Public Works Administrator. While selecting key personnel is never easy, CB&A has developed a problem-free process that has been tested nationwide and found to be extremely effective. While CB&A is a municipal recruiting firm which has conducted assignments across the country, we have focused our efforts in Florida, Virginia and Washington. We pride ourselves on providing not just high-quality results, but, equally important, providing a great deal of personal attention to each of our local government clients. To conduct a proper recruitment, we feel the project manager must do more than just drop by occasionally. He/she must get to know the appropriate government officials and the community firsthand. That effort takes time, but it is the only way to ensure the candidates we recommend are well qualified and a good fit for your community. As a result, we only take a few clients at a time and focus on getting the job done properly. Further, we routinely complete our work in sixty to ninety days. This timeframe includes preparation of recruitment and advertising materials, candidate outreach, candidate screening, finalist interviewing, and Administrator selection. We also offer one of the best warranties in the industry. Not only do we offer unparalleled service at a reasonable price, we focus on finding just the right people for your organization. We say people, and not person, because our goal is to bring you finalists who are so good that you will have a difficult time choosing among them. The proof is in the fact that five of our local government clients have passed resolutions thanking us for our outstanding efforts in finding their key staff. We do not know how often you have passed a resolution thanking a consulting firm for its efforts, but we have rarely seen it happen. Our goal, in fact, would be for you to be our next client to pass such a resolution. DAYTONA BEACH SHORES, FL REDMOND, WA Some of our searches include Executive Directors / General Managers for the Sewerage and Water Board of New Orleans, Florida Keys Aqueduct Authority, Des Moines Water Works and the Orlando Utilities Commission. We have also recruited Public Works Directors for Aventura, FL, Chandler, AZ, Sammamish, WA and Tamarac, FL, and we have recruited Assistant Public Works Directors for Sumter County, FL and Sunny Isles Beach, FL. Some of our current searches include City Managers for Crescent City, FL, and Panama C ity Beach, FL, a City Attorney for Lawton, OK, a Finance Director for Gainesville, FL, an Executive Director for the Emerald Coast Utilities Authority (Pensacola, FL), and a General Manager for the Des Moines (IA) Water Works Those authorized to bind the company are myself, Colin Baenziger, and Lynelle Klein, Vice President for Operations. We look forward to formally presenting our credentials and working with you in the near future. If you have any questions, please feel free to contact me at (561) 707-3537. Sincerely, Colin Baenziger Principal / Owner … Serving Our Clients with a Personal Touch I. Qualifications and Experience of the Firm - 3 - The Firm, Its Philosophy, & Its Experience Colin Baenziger & Associates (CB&A) is a nationally recognized executive recruiting firm established in 1997 and owned and operated by Colin Baenziger. We are a sole proprietorship headquartered in Volusia County, FL with offices in Redmond, WA. As a sole proprietorship, we are not registered with any states as a corporation, foreign or otherwise. Colin Baenziger & Associates’ outstanding reputation is derived from our commitment to the quality of our product and the timeliness of the delivery. Our work is not done until you are satisfied. That means we go the extra mile and, at times, expend more effort and energy than originally anticipated in our fee or in our action plan. When we do so, we do not ask for more than the originally quoted price. Rather, we accept these situations as part of our cost of doing business. We are your experts and once a contract is signed we have an obligation to fulfill its requirements with excellence, on time, and within budget, regardless of the circumstances. Since beginning our search practice in 1998, we have conducted searches and other related work for clients in thirty-two states. Overall our staff has performed over 170 City, County, and Special District Manager searches and approximately 300 local government searches. The basic approach outlined herein has been refined over the years to the point where it is problem-free. Technical Capabilities and Organizational Structure Colin Baenziger & Associates has developed its business model over the past 22 years. The model has proven to be extremely effective in wherever we have applied it. In fact, we are often called when a government has a particularly difficult position to fill or where one of our competitors has failed. Overall, we utilize approximately eighteen people. Most staff members are independent contractors and are given assignments on a task order basis. Consequently, we can pay well while having a great deal of flexibility without the overhead of many firms. Completion of Projects within Budget Colin Baenziger & Associates is proud of its record of completing searches within budget. Once we quote a price to the client, that price is what the client will pay, no matter how difficult the search is or what unforeseen circumstances may develop. We have never requested anything beyond the originally quoted price, even when we were probably entitled to do so. Completion of Projects on Schedule Colin Baenziger & Associates routinely completes its assignments in sixty to ninety days. Further, since CB&A began performing recruitments, it has never missed a project milestone. I. Qualifications and Experience of the Firm (continued) - 4 - Diversity CB&A has extensive contacts with individuals and organizations representing women and minorities. We are thus able to identify and bring a diverse group of finalists to the City. The proof is that from the beginning of 2009, 29% of our placements have been females and/or minorities with the high in any given year being 47%. Prior Names and Litigation Colin Baenziger & Associates has always operated under its current name and has never been involved in any litigation, except to testify as an expert witness on behalf of one of the parties. Our performance has never been questioned nor have we or any of our clients been involved in any legal action as a result of our work. Insurance To protect our clients, Colin Baenziger & Associates maintains the following insurance coverages: (1) general liability insurance of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damages, (2) automobile liability insurance of $1 million per accident, and (3) professional liability insurance of $1 million per occurrence. As a small firm, predominantly utilizing independent contractors, we are not typically subject to the requirements for workers compensation and employer liability insurance. If required by the client, and if it is available to us, we will obtain these two coverages prior to contract execution. I. Qualifications and Experience of the Firm (continued) - 5 - Overall Executive Search Experience CB&A started its executive search business in 1998 from scratch. As a single father, he needed to stay nearby and so his goal was to become Florida’s preeminent recruiter. In 2007 with his children mature, he branched out into other states. His firm has now worked in 32 states, from Maine to California and Florida to Alaska. See the map below. A complete list of our searches is listed in Appendix A. We have served clients in the states highlighed in blue. - 6 - Some of CB&A’s Clients… Aventura, FL City of Chandler, AZ City Manager Public Works Director Public Works Director Pinellas County, FL Sammamish, WA Executive Director for Environment City Manager And Infrastructure Deputy City Manager Public Works Director II. Methodology - 7 - The following outlines briefly the approach Colin Baenziger & Associates utilizes doing an executive search for a Public Works Administrator. Phase I: Information Gathering and Needs Assessment Task One: Needs Assessment An important part of the recruiter’s work is selling the community to the very best candidates (including those that are not actively looking for the next job) while also providing an accurate portrayal of the community and the opportunity. In order to do this, CB&A must first determine the needs of the client and the characteristics of the ideal candidate. Our approach is as follows: • Compile background information from the jurisdiction’s website and other sources. • Interview the city manager and key staff. Our goal is to develop a strong sense of your community, its leadership, its short and long term expectations, and its challenges; • Determine the characteristics of the ideal candidate. These will likely include experience, longevity, education, personality, demeanor, and achievements as well as other items the city manager and key staff consider important), and • Determine a reasonable compensation package. We will also finalize the timeline so candidates can mark their calendars well in advance and will be available for the interviews. If the City wishes, we can also incorporate meetings with other stakeholders (such as the business community, the non-profit community, City staff and so on) to gather their insights in developing the recruiting materials. We can also solicit the input of your residents through an on-line survey. These forums and surveys are valuable as they provide additional perspectives and a better understanding of the environment and the wants/needs of the community that the Director will be working in. An example of an online survey is included as Appendix D. Task Two: Develop Recruitment Materials Based on the information we gather, CB&A will next prepare a comprehensive recruitment profile. We will provide our draft for your review and comment. Your suggestions will be incorporated, and the final documents prepared. A sample of our work is included as Appendix B. Other samples can be found on our firm’s website under the “Executive Recruitments” / “Active Recruitments” tabs. Phase II: Recruitment Task Three: Recruit Candidates CB&A uses a number of approaches to identify the right people for this position. We say people, and not person, because our goal is to bring you six to ten excellent semi -finalists, all of whom will do the job extraordinarily well and who are so good you will have a difficult time choosing among them. You then select the top three to five people to interview and ultimately choose the candidate who is the best fit with you and your community. The approaches we use are: II. Methodology (continued) - 8 - • Networking: The best approach is diligent outreach. We will network with our colleagues and consult our data base. As we identify outstanding candidates (many of whom are not in the market), we will approach them and request that they apply. Often excellent candidates are reluctant to respond to advertisements because doing so may alienate their current employers. When we approach them, their credentials are enhanced rather than diminished. • Advertising. While we will seek out the best, we will not ignore the trade press which sometimes yields strong candidates. We intend to contact the members of appropriate professional organizations such as the American Public Works Association, Association of Washington Cities and so on. We will also post it on our website, www.cb-asso.com and at other appropriate sites. We generally do not use newspapers or generic websites because while they produce large numbers of applications, they generally do not produce the type of candidates we seek. If the City wants to have ads placed in local newspapers, national newspapers and/or generic websites, it will need to bear the cost. • Email: We will also e-mail the recruitment profile to our listserv of over thirteen thousand managers and professionals who are interested in local government management. One of the advantages of e-mail is that if the recipient is not interested, he/she can easily forward the recruitment profile to someone else who may be interested. • The Private Sector: Some of our clients ask that private sector candidates be included among our suggested finalists. While we do not routinely recommend candidates with no experience in government, we have been very successful in finding highly qualified and capable private sector people to bring forward. Phase III: Screening and Finalist Selection Based on our most recent recruiting efforts, we anticipate receiving resumes from forty to one hundred applicants. We will narrow the field as described above and present information on candidates to the City. This process requires a mixture of in-depth research and subjective evaluation. Our process is as follows. It should be noted that selecting strong candidates is more an art than a science. While we consider standard ranking factors and the elements of the job, ultimately the most important factor is who we believe will be a good fit with the City and the community. Typically forty percent of our finalists are women and/or minorities. Specifically, our efforts will involve: Step One. Resume Review. CB&A will evaluate all resumes and identify the top eight to twelve candidates. Some of these may be in-house candidates or individuals who have held high-level positions in other governments but who have never been the Public works administrator. Often these people simply need the opportunity. Using a football analogy, Vince Lombardi was an assistant coach with the New York Giants prior to being hired by the Green Bay Packers. Hence, we do not believe we should only consider those who have already held the position we are recruiting for. II. Methodology (continued) - 9 - Step Two. Screening Interview. Our lead recruiter, and possibly other senior representatives of the firm, will interview each of these candidates. Using what we learned in Phase I and our experience as managers and recruiters, as well as our unique ability to assess candidates, we will determine whether or not to consider them further. Step Three. Candidate Materials and Background Investigations. For those that remain in consideration, CB&A will: • Ask the Candidates to Prepare a Written Introduction: We will ask the candidates to prepare a written introduction to themselves. This is done for several reasons. First, it allows the candidates to tell their own story and balance the negativity that is so often characteristic of the press. It also allows the City to evaluate the candidates written and communicative skills. • Candidate Disclosure Statement: We will ask candidates if there is anything controversial in their background that we should be made aware of prior to further consideration. While it is unlikely that we find anything not previously publicized in the press, we believe redundant checks offer superior security for our client. • Interviews of References: We tell the candidate with whom we wish to speak. These include current and former Board/Commission/Council Members, the municipal attorney, the external auditor, staff members, peers, news media representatives, the director of the local chamber of commerce, community activists, and others who know the candidate. We also attempt to contact some individuals who are not on the candidate’s list. Typically we reach eight to ten people and prepare a written summary of each conversation. • Legal Checks: Through our third party vendor, American DataBank, we will conduct the following checks: criminal records at the county, state and national level; civil records for any litigation at the county and federal level; and bankruptcy and credit. • Search the Internet and Newspaper Archives: Virtually every local newspaper has an archive that provides stories about perspective candidates, the issues they have dealt with, how they resolved them and the results. These articles can also provide valuable insights into the candidate’s relationship with the public and the elected officials. Of course, not all news sources are unbiased and we consider that in our evaluation. This step is conducted in order to quickly discover candidates with problems in their backgrounds and eliminate them. • Verification of Education: We also verify claimed educational degrees to assure the candidate is being totally forthright. • Verification of Work History: We verify employment for the past fifteen years. II. Methodology (continued) - 10 - Note: We firmly believe that all background work we have outlined above should be completed early in the process. That way the client knows the individuals to be interviewed are all top performers and do not have anything embarrassing in their pasts that might come to light after selection. It also means that once our client has made a selection, it can move forward promptly, negotiate a contract and make an announcement. Task Five: Preparation and Presentation of Candidate Materials For the selected candidates, CB&A will compile the information we have developed into a complete written report for each recommended candidate. Specifically, this information will include: the candidates’ resumes, introductions, references, background checks and internet / newspaper archive search results. A complete sample candidate report is included as Appendix C. We will also provide some advice on interviewing, a series of questions the City may wish to ask (as well as some areas that it is not wise to get into), and some logistical in formation. The preceding information will be forwarded to you electronically. The goal in conducting these checks is to develop a clear picture of the candidates and to determine which best meet the criteria established in Phase I. Each of the avenues we pursue adds a piece of the puzzle. We will crosscheck sources, search for discrepancies, and resolve them when we find them. When sensitive or potentially embarrassing items are discovered, they are thoroughly researched. If we conclude the situation is damaging or even questionable, the situation reported to the City and, with the City’s concurrence, the candidate will be dropped from further consideration. Task Six: Finalist Selection Approximately a week after the City has received the candidate materials, CB&A will meet with the City to discuss our findings and make a final determination concerning who will be invited to interview. The goal is to select four to six candidates to interview. We will then notify the selected finalists of their status and schedule the interviews. Task Seven: Notify All Candidates of Their Status We will notify the selected candidates by telephone and give them the opportunity to ask additional questions. CB&A will also contact those not selected to advise them of their status. Part of the notification will include advice concerning the candidates’ resume and/or cover letter so, even though they were not selected to go forward, they will have gained something valuable from participating in the process. II. Methodology (continued) - 11 - Continuing Assistance Our work is not done when the contract is executed. We will stay in touch with you and your new Director. Our goal is to be there to assist in resolving any issues that arise before they become intractable. In fact, at your request, we will conduct a team-building workshop, at no charge, to resolve any difficulties. We simply feel it is part of our job to assure a successful relationship. Communications: We will provide weekly reports about the status of the search, in writing or by phone, depending upon your preference. At significant milestones we will make the reports in person. We are also available at any time, day or night, to address any questions you have along the way. To do so, we will provide you with our cellphone numbers and you should feel comfortable contacting us whenever you have a question whether it is directly related to the search or, for that matter, anything else related to local government. We want to be responsive and to assist in any way we can. The City’s Obligations The City will be responsible for providing the facilities for the interview process, coordinating lodging for candidates from outside the area, and making arrangements for the evening reception. The City will also be responsible for reimbursing the candidates for all expenses associated with their travel, meals and incidentals for the interview weekend. - 12 - More of CB&A’s Clients… Sunny Isles Beach, FL Sumter County, FL City Manager Assistant Public Works City Engineer Director Finance Director Police Chief Director / Capital Projects Manager / City Engineer Assistant Public Works Director City of Tamarac, FL City of Tampa, FL Assistant City Manager Solid Waste Director Community Development Director Finance Director Building Official Public Works Director III. Fee and Warranty - 13 - Price CB&A will offer a firm, fixed fee of $26,500 which includes all our expenses and costs. In other words, the only thing the City will pay CB&A is the agreed upon fee. The only other costs the City will be responsible for are the costs associated with the candidates’ travel, accommodations and meals for the interview process. The advantage to the City is it knows exactly what it will pay. The advantage to CB&A is that we do not have keep track of every minor expense. We will bill the fee as the phases are completed and according to the following schedule: Requested Services Phase I: Needs Analysis / Information Gathering $ 3,000 Phase II: Recruiting 11,000 Phase III: Screening 10,000 Phase IV: Interview Process Coordination and Selection 1,500 Phase V: Negotiation and Continuing Assistance 1,000 Firm, Fixed Fee Total* $26,500 If the City asks us to perform work that is clearly beyond the scope of this proposal, it will be billed at a rate of $150 per hour. No such work will be performed without your written authorization. Please note that we have never billed – nor requested – additional funds beyond our originally quoted fee even when we have been entitled to it. Guarantees Colin Baenziger & Associates offers one of the best warranties in the industry. We can offer it because we have confidence in our work. Provided the City instructs us with conducting a full search (Phases I-V) and assuming it selects from among the candidates we recommend, we warrant the following: 1) We will not approach the selected candidate for any other position as long as the individual is employed by the City. 2) If the selected individual leaves for any reason other than an Act of God (such as tot al incapacitation or death) within the first year, CB&A will repeat the search for the reimbursement of our expenses only. 3) If you are not satisfied with the candidates we present, CB&A will repeat the search until you are satisfied. 4) Our price is guaranteed and will not be exceeded for any reason, even if conditions change after the contract is executed. - 14 - More CB&A’s Clients… Tampa Bay Water Authority (serving Town of Jupiter Island, FL 2,400,000 people) General Manager Town Manager Assistant Town Manager Building Official Assistant Utilities Director City of Lake Worth, FL Palm Beach County Water Utilities City Manager Management Consulting Assistant City Manager Office of Management and Budget Director Utilities Director IV. Proposed Project Team - 15 - Project Team and Involvement (Resumes for key staff follow) Colin Baenziger & Associates is an experienced recruiting firm. Lynelle Klein will serve as your project manager. She will conduct the interviews with the elected officials, search for strong candidates, discuss the position with those candidates, recruit them, conduct the interviews with the candidates, conduct the background investigations, oversee the interview process, and assist with the contract negotiations. Ms. Klein has been with CB&A for over 9 years and has been involved with virtually every recruitment effort the firm has conducted during that period. Ms. Klein has an Associate’s Degree from Brigham Young University in Rexburg, Idaho. She currently resides in King County, WA. Colin Baenziger will be the Co-Project Manager and will working closely with Ms. Klein on every aspect of the project. In addition to twenty-two years as a consultant, Mr. Baenziger spent ten years in government as a senior manager. Overall, he has been the firm’s Project Manager for more than one hundred and twenty-five city and county manager searches. Prior to starting CB&A, he spent over 20 years hiring key staff. Mr. Baenziger has a master’s degree with distinction in public administration from Cornell University’s Graduate School of Management, and a Bachelor of Arts degree from Carleton College. He is also active in the International City Management Association and the Florida City and County Management Association. He has also been called upon frequently to speak at conferences of the Utah and Florida City/County Managers’ Associations, and the Florida Public Personnel Association. Rick Conner, vice president, will serve as the recruitment manager and assist with the identification and screening of candidates. He has over 30 years of in local government and in executive recruiting. He earned Bachelors of Science Degrees in Business Administration and Engineering from the University of Missouri. IV. Proposed Project Team (continued) - 16 - Lynelle Klein Vice President for Operations Ms. Klein is a skilled professional with a wealth of public and private sector experience. Her particular expertise is in special projects, compensation surveys, and background checks for our executive search candidates. She feels that each client must be properly served, and that can only be done by devoting her utmost attention to their particular concerns and by finding creative ways to solve their problems. In her book, the client comes first. Since beginning her working relationship with Colin Baenziger & Associates in 2010, Ms. Klein has been involved in virtually every executive search the firm has conducted. Some of the more notable searches in which she has played a key role include: • Public Works Director, Aventura, FL (population 37,200) • Public Works Director, Camden County, GA (population 53,044) • General Manager, Chittenden Solid Waste District, Williston, VT (population 157,461) • Public Works Director, Sammamish, WA (60,000) • Assistant Public Works Director, Sumter County, FL (107,000) • City Manager, Burien, WA (population 55,188) in 2017 • City Manager, Carnation, WA (population 1,873) • City Manager, Doraville, GA (population 8,500) • City Manager, Gainesville, FL (population 133,857) • City Administrator, Lake Forest Park, WA (population 13,059) • City Manager, Miramar, FL (population 122,000) • City Manager and Finance Director Sunnyside, WA (population 16,000) • County Manager, Alachua County, FL (population 253,500) • County Administrator, Clackamas County, OR (population 383,900) • City Manager, Sammamish, WA (population 64,548) • County Manager, St. Lucie County, FL (population 283,900) • City Manager, Tacoma, WA (population 200,000) • County Administrator, York County, VA (population 66,300) • Police Chief, Farmington, NM (population 45,000) • County Attorney, Fulton County, GA (population 992,000) Ms. Klein’s prior employment was primarily in the private sector. For over 15 years she provided contract financial and administrative services to companies who did not require full time office staff. Some of her clientele included TLC Cabulance, Clear and Clean Pool Service, Elizabeth Fountain Interiors, a published author and a landscaping company. Ms. Klein has an Associate’s Degree from Brigham Young University in Rexburg, Idaho. She currently resides in King County, WA. IV. Proposed Project Team (continued) - 17 - Colin Baenziger, M.P.A. Principal Colin Baenziger is a student of local government and responsible for the executive recruitment functions at Colin Baenziger & Associates. Over the years, he has worked with a number of cities on recruitments, and on management, operational, and organizational issues. As a former manager and someone who actively consults with governments, he understands what it takes to do the manager’s job, and to do it effectively. Furthermore, because he is active in a number of professional associations, he knows many of the nation’s managers on a first-name basis. He has 15 years of experience as an executive recruiter Some of Mr. Baenziger’s searches for local governments include: • Executive Director, Sewerage and Water Board of New Orleans (population 400,000) • General Manager, Des Moines Water Works (serving a population of 500,000), • City Manager, Fayetteville, NC (population 208,000), • Village Manager, Key Biscayne, FL (population 11,000), • Economic Development Director, Loudoun County, VA (population 326,000), • Community Development Director, Miami, FL (population 373,000), • Borough Manager, Matanuska-Susitna Borough, Alaska (population 88,000), • City Manager, Mount Dora, FL (population 12,000), • City Manager, Portland, ME (population 65,000), • City Manager, Roanoke, VA (population 96,000), • Director, Water Resources Management, St. Petersburg, FL (population 250,000) • City Manager, Tacoma, WA (population 200,000), • General Manager, Tampa Bay Water Authority (serving a population of 2.4 million), and • County Manager, Union County, NC (population 290,000). Prior to forming Colin Baenziger & Associates, Colin worked as a Village Manager for the Village of Wellington, FL, and as a Bureau Chief for the Water Resources Management Administration (the District of Columbia’s water and wastewater utility. He has also undertaken an operational review of Tamarac's water utility, a business practices review for a division of Martin County government, an operational reconciliation for Palm Beach County Water, development of an automated system to pay royalties to featured recording artists for the Recording Industry Association of America, and a review of financial procedures for a division of the Marriott Corporation. Mr. Baenziger has a Master's Degree with Distinction in Public Administration from Cornell University's Graduate School of Management, and a Bachelor of Arts degree from Carleton College. He is also active in the International City Management Association and the Florida City and County Management Association. He has also been called upon frequently to speak at conferences of the International City / County Management Association. IV. Proposed Project Team (continued) - 18 - Rick Conner, P.E. Vice President Rick Conner is a recent addition to CB&A’s staff and its strong cadre of municipal operations experts. With over 30 years of management experience in local government, he has seen it all and done most of it. He possesses keen analytical skills and the ability to slice through critical issues. As a result, he is another outstanding weapon in the firm’s arsenal of experts. His years in local government and his many licenses and certifications help him to judge talent quickly and effectively. In addition to his experience as a City Manager, Rick’s previous positions such as a Public Works Director, gives him an excellent perspective of the needs of local government operations and staffing. Prior to joining Colin Baenziger & Associates in 2012, some of the top leadership positions that Rick has held include: • City Manager of Sunny Isles Beach, Florida, • City Manager of Portland, Texas, • City Manager of Marble Falls, Texas, • Public Works Director of Nashville/Davidson County, Tennessee, and • Public Works Director of Bryan, Texas While serving in these positions, Rick received national recognition for his Customer Service programs. Over his career, Mr. Conner has been involved in a variety of recruitments including: • City Manager, Fayetteville, NC, • City Manager, Sarasota, FL, • City Manager, Cocoa Beach, FL • Chief Executive Officer/General Manager, Des Moines (IA) Water Works, • City Manager, Oakland Park, FL, • City Manager, St. Pete Beach, FL, • Assistant Director, Public Works, Sumter County, FL, • Human Resources Director, Roanoke, VA, • Airport Fixed Base Operator for a Texas university community, and • Airport Manager for a medium size Texas university city. Rick holds a Bachelor of Science in Business Administration and a Bachelor of Science in Civil Engineering from University of Missouri. He also worked towards Masters Degrees in both Computer Science and Civil Engineering before joining the work force. He is or has been a Registered Land Surveyor; Registered Professional Engineer in Florida, Tennessee and Texas; and an “A” Level Operator in Wastewater, Surface Water and Solid Waste. V. References - 19 - The staff at Colin Baenziger & Associates has completed over 170 searches for city and county managers and more than 300 senior-level local government management searches overall References are provided below for some of our searches. You should feel free to contact any of our past clients. Public Works Director, Camden County, GA (population 53,044) Contact: County Administrator Steve Howard at 912-510-0464, or steve.howard.admin@camdencountyga.gov General Manager, Island Water Association, Sanibel, FL Contact: Board Member Ken Kouril at 239.209.2375 Public Works Director, Aventura, FL (population 37,200) Contact: City Manager Ron Wasson at (516) 764-1120, or rwasson@cityofaventura.com General Manager, Chittenden Solid Waste District, Williston, VT (population 157,461) Contact: former Board Chair Paul Stabler at (802) 769-6974, or Stabler@US.IBM.com Chief Executive Officer and General Manager, Des Moines Water Works Contact: Trustee Graham Gillette at (515) 238-1225, or graham@gillettestrategies.com or grahamgillette@gmail.com Director, Watershed Management, DeKalb County, GA (population 691,900) Note: Watershed Management is essential the water and sewer utility Contact: Benita Ransom, Director of Human Resources, at (404) 687-3588, or bcransom@dekalbcountyga.gov General Services Director, Loudoun County, VA (population 349,700) Note: General Services is responsible for the landfill, recycling, facilities, fleet, stormwater, snow removal, and environmental and energy initiatives. Contact: County Administrator Tim Hemstreet at (703) 777-0200 or coadmin@loudoun.gov Executive Director for Environment and Infrastructure, Pinellas County FL (pop. 917,000) Note: This position has responsibility for all the traditional utilities functions as well as public works and some environmental regulatory functions. Contact: Former County Administrator Bob LaSala at (408) 306-3909 or Rlasala1@msn.com John Wesley White, Consultant to the County at (941) 685-6630 or JWesWhite@msn.com Solid Waste Director, Tampa, FL (population 335,700) Contact: Former Public Works Director Mike Herr (now City Manager of Winter Haven, FL) at (863) 291-5600, or mherr@mywinterhaven.com PROPOSAL TO ASSIST THE CITY OF RENTON, WA IN THE RECRUITMENT OF PUBLIC WORKS ADMINISTRATOR Volume II: Appendices Colin Baenziger & Associates Project Manager and Contact Person: Lynelle Klein, VP for Operations (425) 658-7025 Colin Baenziger & Associates 23016 NE 51st Street Redmond, WA 98053 e-mail: Lynelle@cb-asso.com Fax: (888) 539-6531 …Serving Our Clients with a Personal Touch… PROPOSAL TO BE THE CITY’S EXECUTIVE RECRUITING FIRM TABLE OF CONTENTS PAGE APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS A-1 APPENDIX B: SAMPLE RECRUITMENT BROCHURE B-1 APPENDIX C: SAMPLE CANDIDATE REPORT C-1 APPENDIX D: SAMPLE SURVEY D-1 APPENDIX E: RESOLUTION OF ST. JOHNS COUNTY, FL E-1 APPENDIX F: CB&A’S VETTING PROCESS FROM DALE MARTIN F-1 Appendix A Searches by Colin Baenziger & Associate’ Staff [PAGES OMITTED FROM AGREEMENT.] Appendix B Sample Brochure: Public Works Director Search Sammamish, WA [PAGES OMITTED FROM AGREEMENT.] Appendix C Sample Candidate Report [PAGES OMITTED FROM AGREEMENT.] Appendix D Sample Survey Savannah City Manager Quality Survey [PAGES OMITTED FROM AGREEMENT.] Appendix E St. Johns County, FL Resolution Thanking CB&A for Its Outstanding Service [PAGE OMITTED FROM AGREEMENT.] Appendix F Comments from Dale Martin on CB&A’s Vetting Process [OMITTED FROM AGREEMENT.]