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HomeMy WebLinkAbout2011-266 Contract - Waters Consulting Group Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Waters Consulting, Inc. (WCG) ASHLAND CONTACT: Andrea Battle Simms, Senior Consultant 20 East Main Street Ashland, Oregon 97520 ADDRESS: 5050 Quorum Drive, Suite 625, Dallas, TX 75254 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 972.481.1950 FAX: 972.481.1951 DATE AGREEMENT PREPARED: BEGINNING DATE: September 27, 2011 COMPLETION DATE: See terms below COMPENSATION: See Water Consulting Group, Inc ("WCG") Proposal—Executive Recruitment for City Administrator, dated September 1, 2011 ("Proposal") Section entitled "Professional Fee", p. 12 , and Agreement For Services, dated September 1, 2011 ("Agreement"), Section 3, P.2, both incorporated herein by this reference. SERVICES TO BE PROVIDED: See Proposal Pgs 1 – 7 and, and Agreement, Sections 2 -6, both incorporated herein by this reference. ADDITIONAL TERMS: See Proposal and Agreement, the entirety'of both incorporated by this reference. FINDINGS: Pursuant to AMC 2.50, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings 1 Recitations. The findings and recitations set forth above are true_and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made.part of this contract. 8. Living Wage Requirements: If the amount of this contract is $18,890 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where Contract for Personal Services, Revised 06/30/2011, Page 1 of 6 it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions,costs,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: I. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii: The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a,.b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination,(regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers'compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017, 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Personal Services, Revised 06/30/2011, Page 2 of 6 $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liabilitv insurance with a combined single limit,.or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property I Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed'as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Personal Services,Revised 06/30/2011, Page 3 of 6 Consultant: City of As it d By rl� Signature Dep5rfrnent Head doll e p . Wc.tev s //✓�ae-alou eeno'?e Cr- Print Name r Print Name cn lei �, Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/3012011, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup.withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. i✓ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. ✓ (3) Telephone listing is used for the business separate from the personal residence listing. �Vl� (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor y/���/lO ate) Contract for Personal Services, Revised 0613012011, Page 5 of 6 Form ■ -9 Request for Taxpayer Give Form to the (Rev.January 2011) Identification Number and Certification requester.DO not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income lax return) The Waters Consulting Group, Inc. N Business name/dsregarded entity name,if different from above m m m �- Check appropriate box for federal tax c o classification(required): ❑Individuallsole ro rielor J C corporation corporation ❑ p ❑Trust/estate H p p ❑ p ❑5 Co oration Partnership no ❑ Umited liability company.Enter the lax classification(C=C corporation,S=S corporation,P=partnership)► ❑Exempt payee o -------------------------------- P P Y 2 ❑ Other(see instructions)► U - Address(number,street,and apt,or suite no.) Requester's name and address(optional) O o. 5050 Quorum Drive, Suite 625 m City,state,and ZIP code Dallas,Texas 75254 List account number(s)here(optionall Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box,The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding.For Individuals,this is your social security number n page However,for a -m - resident alien,sole proprietor,or disregarded entity,see the Pan 1 instructions on page 3.For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer Identiflca[ion number number to enter. 7 5� - 2 1 2 1 7 1 2 1 1 1 3 1 8 WX Ma Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign . . erere on► � ,�� ;Here US 1, .- Data General Instructions ► D�%J a G/, �Ol/ Note.If a requester gives you a form other than Form W-9 to request Section references are to the Internal Revenue Code unless otherwise your TIN,you must use the requester's form if it is substantially similar to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation. .An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade of requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of Income from such business. 1.Certify that the TIN you are giving Is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be Issued), partnership Is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231% Form W-9(Rev.1-2011) WATERS-OLDANI EXECUTIVE RECRUITMENT A Division of The Waters Consulting Group, Inc. September 1,2011 Ms.Tina Gray Human Resource Director 20 E.Main Street Ashland,OR 97520 (Transmitted via email to: g_ravt@ashland.or.usJ Re: Proposal—Executive Recruitment for City Administrator Dear Ms.Gray: I appreciate the opportunity to submit our proposal for executive recruitment services for your City Administrator. We are confident that you will be completely satisfied with our comprehensive process and the outcome. WCG is positioned as one of the largest privately-held executive recruitment firs in the nation with a focus on the public sector. Over the past few years, WCG has recruited and placed more than 200 executive level positions within the public sector. This kind of experience will prove to be valuable for your executive recruitment. Our team of recruitment consultants (see bios starting on page 10 of the proposal) has provided executive recruitment services nationwide for over 30 years,principally to public organizations. We have established a reputation for a relentless commitment to high quality with our process and our candidates. We know that you have options for using other recruitment firs. However, we believe that our approach sets us apart from our competitors in the following important ways: ➢ Our Triple GuaranteeTM(see page 3); ➢ Finalists identified within 80 days from initiation of recruitment activities; ➢ Meticulous development of the candidate profile prior to advertising/marketing(see page 4); ➢ Rigorous review of candidates' references and background(see page 5); ➢ Our highly-accessed web site(www.watersconsulting.com)by prospective candidates; ➢ Our superior nationwide relationships with high-quality candidates for marketing new positions; D Within 60 days of the reporting date of the selected candidate,our fir will conduct a Team- Building Workshop for your new employee and his/her team. This will be conducted for no additional professional fee,just project-related expenses;and D Within twelve(12)months following your appointment of the successful candidate,we will administer our 360°Performance Assessment for no additional professional fee,just project-related expenses(see page 3). The proposal document will provide you the details about our approach, expertise, client references, and pricing for this executive recruitment. Also, if you have any questions, please contact me directly at 817.965.3911 or by email at cnderson(a)watersconsultine.com. We would consider it a professional privilege to provide these services to the City of Ashland. Sincerely, Charles(Chuck)S.Anderson CEO of Executive Recruitment A Division of The Waters Consulting Group, Inc. THE WATERS CONSULTING GROUP,INC. PRODUCTIVE MANAGEMENT CONCEPTS 5050QuorumDrive Suite625 Dallas,Texas 75254 972/481/1950 972/481/1951(Fm) www.watersconsulting.com -Dallas•Seattle•Cleveland•Austin- Our understanding of and experience in the public sector coupled with our commitment in developing partnering relationships with our clients are key factors in our long-term success. PROJECT OVERVIEW The City of Ashland, Oregon, is considering the use of a consulting firm to assist with the executive recruitment for its next City Administrator and has requested a proposal describing a work plan and project approach from The Waters Consulting Group, Inc. (WCG). Accordingly, we provide the following information for your consideration. PROFESSIONAL EXPERTISE MAKES THE DIFFERENCE Throughout the assignment, the WCG team will serve as technical advisors to your organization to ensure that the recruitment process is conducted in a professional manner. The objective of WCG is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. Due to our extensive professional relationships with hundreds of public sector organizations and .prospective candidates nationwide, WCG is positioned to confidently promote your position to prospective candidates as a positive career opportunity. Since our firm's beginning, we have emerged as a leader in executive recruitment. It is our 30+years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. In addition, WCG is positioned as one of the largest privately-held executive recruitment firms in the nation with a focus on the public sector. This kind of strength will prove to be valuable for your executive recruitment. With any consulting assignment, but particularly with an executive recruitment project,reliable and timely communication is fundamental to project success. At key points during the assignment, WCG consultants will communicate by phone, e-mail, or in person, with appropriate leaders from your organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment process. These regular status reports are important to ensure success with the recruitment assignment. We pride ourselves in the fact that we bring a high level of personal commitment to everything that we do. We get to know our clients — their concerns for success, their strategic-goals and their organizational culture. But our intense professional commitment does not stop with our clients. We have candidates who were not selected for positions call to extend compliments and thanks for how they were treated during our recruitments. Many have stated that we provided the best recruitment experience in which they have ever participated. Client satisfaction is important to all organizations, but to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success. ©2011-The Waters Consulting Group,Inc. Page•2 m1S PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS me SOLE PROPERTY OF WCG;INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON\W TEOUT TIE:WRITTEN CONSENT OF WCG,INC. ROLE OF YOUR ORGANIZATION'S STAFF We have a seasoned staff of professionals to deliver quality services with minimal effort required from you. However, to assist with the project, we ask that your organization designate a Project Manager to serve as - WCG's primary contact for the recruitment assignment. Your Project Manager will facilitate such functions as coordinating meeting dates, times, and locations and the review of the draft recruitment brochure and related advertising copy. TRIPLE GUARANTEE, Our Triple Guarantee is defined as: (1)A commitment to remain with the recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of Finalists, WCG will work to identify a supplemental group until you find a candidate to hire; (2) Your executive recruitment is guaranteed for 24 months against termination for cause. Within the first year, the replacement recruitment will be repeated with no additional professional fee, but only for project-related expenses. During the second year, the replacement recruitment is reduced to 50% of the professional fee plus project-related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. (3) WCG will not solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. TEAM-BUILDING WORKSHOP Within 60 days after your new City Administrator reports to work, WCG will develop_a customized workshop based on the individual behavioral styles of the management team to strengthen the new leader and his/her team's performance. Your new employee and each member of his/her management team will be asked to complete a questionnaire, utilizing a secure Website. Following a review of the responses to the questionnaire, one of our professional consultants will facilitate a three-hour workshop with the objective of assisting the team members to become a high-performance team. If you elect to use this service,there will be no professional fee charged to you,only project-related expenses. 3600 PERFORMANCE REVIEW Additional services include a performance appraisal and review of the new City Administrator after 12 months, with no professional fee charged to you. If you elect to use this service, the only cost you would incur would be the reimbursement for any project-related expenses. ®2011-The Waters Consulting Group,Inc. Page•3 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON RTFOOUT THE WRITTEN CONSENT OF WCG,INC. DESCRIPTION OF ` The following is intended to describe the key tasks associated with our approach to executive recruitment. TASK 1 RECRUITMENT BROCHURE DEVELOPMENT AND ADVERTISING The important first step in the recruitment process involves the development of a comprehensive recruitment brochure with a profile of the ideal candidate, including the required qualifications, professional experience,personal characteristics, and other factors related to success in the position of City Administrator. The recruitment brochure will also have a profile of your community and organization. To prepare the recruitment brochure,the Lead Consultant will come on site to meet with your leadership team to discuss the required background and experiences for the new City Administrator. We will also request organizational charts, budgetary information, operational reports, and other documentation describing the community, organization,current issues,and responsibilities of the position. The draft recruitment brochure will be presented to you for review and final approval/edits prior to its publication and distribution to prospective candidates. In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates, WCG will work with you to develop an advertising and marketing strategy to notify potential candidates about the vacancy. WCG will provide you with the advertisements and an advertising schedule to place the ads in appropriate professional publications, websites and local print media as approved by you. Draft ads will be submitted to your organization for approval prior to publication. WCG has a highly-accessed website,www.watersconsulting.com, and targeted e-mail (search@watersconsulting com). We will use all available resources to communicate directly with prospective candidates. The aggressive advertising and marketing campaign for top talent will include national, state, regional, and local elements as determined during our initial meetings with your organization. Our presence at appropriate public sector conferences will be used to to ther promote the position. An effective advertising strategy will help to ensure that we conduct an open recruitment with appeal to a diverse array of candidates. WCG will take all necessary steps to protect against discrimination in the screening and selection process. TASK It EXECUTION OF RECRUITMENT STRATEGY AND IDENTIFICATION OF QUALITY CANDIDATES Using the information developed in Task I, WCG will identify individuals who would be outstanding candidates for the position of City Administrator. Often, well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However,if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate highly qualified candidates across the nation based on our professional contacts and ©2011-The Waters Consulting Group,Inc. Page•4 THISPROPOSAI,co. rA1NSPROPRIC'fARYINFORMATIONAM)Is'rIHE S01.BPROPER'1'Y OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,INC. relationships. We have also established networks with minority and female leaders throughout the nation and are proud of our record of placement of minority and female candidates. WCG has adopted a corporate policy of equal employment opportunity and will not participate in any recruitment effort where these principles are not followed. In addition, we are charter members of the National Forum for Black Public Administrators(NFBPA)and its Business Advisory Committee and the Hispanic Network. We believe that one of the strengths of the WCG recruitment process is our attention to the candidates during the process. Each candidate submitting a resumd is sent a timely acknowledgement by WCG, giving an approximate schedule. for the recruitment. Further communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments, which is also provides a positive reflection on your organization TASK III SCREENING OF APPLICANTS AND RECOMMENDATION OF FINALISTS Our recruiting efforts in Task II identify a significant number of applicants, depending upon the position and the availability of candidates with the requisite experience and skills in the marketplace. Task III is where our Lead Consultant screens the candidates against the criteria within the candidate profile and develops a list of Finalists for recommendation to the client. As the Lead Consultant screens the applications; the most promising applicants will receive a candidate questionnaire to complete that will provide additional information about the candidates' background and experience. After reviewing the responses to the questionnaire, the Lead Consultant will send selected resumes and questionnaire responses directly to whomever you select on your staff to assist with the screening process. In the consultation with your staff representative, the Lead Consultant will narrow the list to a group of Semifinalists and Finalists for your review and decision. Typically, four to six Finalists are selected for the on-site interviews. Throughout the process you will have access to our Master Applicant List(MAL)for this position,which will provide pertinent data about each applicant. TASK IV CONDUCTING BACKGROUND CHECKS,REFERENCE CHECKS AND ACADEMIC VERIFICATIONS Once you approve the group of Finalists for on-site interviews, WCG will begin the process to conduct reference checks, background checks and academic verifications. Contact is then made with selected references and sometimes with others who may know of additional accomplishments and work experiences of the candidates. The purpose of the reference interviews is to allow WCG to complete our understanding of the work experience,professional performance and personal characteristics of the Finalists. ©2011-The Waters Consulting Group,Inc. Page•5 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROP17RW OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRTI'TFN CONSENT OF WCG,INC. For the background checks, WCG will develop information about the candidates in the following areas: • Consumer Credit • Bankruptcy • County Criminal 0 State District Superior Court Criminal • ,County Civil Litigation • State District Superior Court Civil Litigation • Judgment/Tax Lien • Federal District Criminal • Motor Vehicle • Federal District Civil Litigation To ensure that our quality standards are maintained,we do require a minimum of ten business days between the time that you select the Finalists for on-site interviews and when we send you candidate documentation for your final interview process. TASK V FINAL INTERVIEW PROCESS Upon completion of Task IV, we will work with you to develop the final interview process. We will also send you documentation on each of the finalists, which will provide the highlights of their professional experience and leadership/management profile, and a summary of the results, of the reference checks, background checks and academic verifications. In addition, the report will include guidelines for interviewing the candidates, suggested interview questions, and a rating process for your interview panel(s). Our Lead Consultant will participate in final interviews as either an observer or active panel member at your request and will be available to answer questions and assist you in the final evaluation and selection of the successful candidate. In addition, if you request the service, our Lead Consultant will assist you with the development of a compensation package and related employment considerations, and assist with the negotiations. Q 2011-The Waters Consulting Group,Inc. Page•6 MIS PROPOSALCONTAINS PROPRIETARY INFORMATION AND IS TFIE SOIX PROPGRTY OF WCG,INC. TFBS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,MC. EXECUTIVE RECRUITMENT PROJECT TIMELINE Below is an estimated Timeline for the executive recruitment process. You will be asked by the Lead Consultant during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. However,we commit to you to deliver a group of Finalists for your consideration within 80 days from the date that we commence recruitment activities. ASHLAND,OREGON EXECUTIVE RECRUITMENT CITY ADMINISTRATOR PRELIMINARY TIMELINE The following Timeline represents a preliminary schedule for your executive recruitment based on a commencement date of September 20,2011. Actual target dates will be developed in consultation with and approved by the City of Ashland. Activity Tar et Date • The Waters Consulting Group(WCG)Completes On-Site Interviews September 26,2011 to Develop Candidate Profile and Recruitment Brochure;The City of Ashland(City)Approves Ad Placement Schedule and Timeline. • WCG Sends Draft Recruitment Brochure to City. October 3,2011 • City Returns Draft Recruitment Brochure(with edits)to WCG. October 7,2011 WCG Commences Executive Recruitment Advertising and Marketing. October 10,2011 • WCG Commences First Formal Review of Applications and Sends November 7,2011 Most Promising Applicants a Candidate Questionnaire to Provide Additional Information about Background and Experience. • WCG Completes First Formal Review of Applications and Sends November 14,2011 Selected Resumes and Questionnaire Responses to the City for Review. • WCG Meets with City and Recommends Semi-Finalists;City Selects November 18,2011 Finalists for On-Site Interviews. • WCG Completes Reference Checks/Background Checks/Academic December 2,2011 Verification for Finalists. WCG Sends Documentation for Finalists to City. December 12,2011 • City Conducts On-Site Interviews with Finalists. Week of December 19,2011 • City Extends Employment Offer to Finalist. Week of December 26,2011 O 2011-The Waters Consulting Group, Inc. Page•7 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND Is TUE SOLE PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WTmOUT THE WRITrFN CONSENT OF WCG,INC. AN OVERVIEW OF OUR CONSULTING TEAM WCG places a high priority on meeting the needs of our clients. Therefore, at the outset of the recruitment process, we will tailor our approach to address the issues unique to your organization's working environment. For each recruitment project, we assign a Lead Consultant and a team of support professionals to carry out assignments in an effective and efficient manner. What follows are brief biographical descriptions of the members of our consulting team. 2011-The Waters Consulting Group, Inc. Page•8 THIS PROPOSAL.CONTAINS PROPRIF."rARY INFORMATION AND IS THE SOLF PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,INC. CHARLES (CHUCK) S. ANDERSON Chief Executive Officer Charles(Chuck)S. Anderson is the Chief Executive Officer for the Recruitment Division within the Waters Consulting Group(WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning, and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe.His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University's Institute for Public Policy and Social Research. Areas of Expertise • Executive Recruitment • Leadership/Management Development • Organizational Design • Organizational Development Professional Accomplishments and Education Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association (ICMA) and the Minority and Women Advancement Award from the American Public Transit Association (APTA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention)by ICMA. Chuck was recognized In 2007 with the Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. m 2011-The Waters Consulting Group,Inc. Page•9 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE-PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,INC. CHUCK ROHRE ,Senior Consultant Chuck Rohre is a Senior Consultant for The Waters Consulting Group, Inc. (WCG). In this role, he is responsible for managing and conducting executive recruitment engagements for the firm to insure their integrity, timeliness and adherence to budget parameters. Chuck has more than 35 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior to beginning his consulting career,Mr.Rohre served for three years as Police Chief of Plano,Texas. Chuck joined the firm in January 2006 following a 13-year engagement with another nationally recognized public sector search firm where he managed the Texas and Southwestern operations. He has an extensive and successful track record of completed recruitment across the nation, especially in the Midwestern and Southwestern states. Among others, he has led recruitment processes for City and Assistant City Managers, Police Chiefs, Fire Chiefs, Library Directors, Chief Information Officers, City/County Attorneys,Parks& Recreation Directors, Finance Directors and Public Works Directors. The clients range from as small as 2,500 to as large as 700,000 in population. He has also conducted management-consulting assignments in a number of areas including public safety, career development and strategic planning. He has written and presented training in a variety of subject areas including personnel assessment, leadership and management skills,and career development for public sector employees. Areas of Expertise • Executive Recruitment • Background Investigations • Assessment Centers • Career Development • Law Enforcement Management and Training Professional Accomplishments and Education Chuck received his Bachelor's degree in Career Development from the Dallas campus of Abilene Christian University and his Master's degree in Human Relations and Management from the same institution. He has completed advanced management training at the Institute for Law Enforcement Administration and now serves on its adjunct faculty and advisory board. Chuck completed the Federal Bureau of Investigation's prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Army, serving in the United States and the Republic of Viet Nam. m 2011-The Waters Consulting Group, Inc. Page• 10 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG,INC. ANDREA BATTLE SIMS — PROPOSED i CONSULTANT ;Senior Consultant Andrea Battle Sims has been working in executive recruitment for over nine years, managing all phases of the recruitment process for public sector executives, including: City and Assistant City Managers, Chief Information Officers, Library Directors, Police Chiefs, City/County Attorneys, Parks & Recreation Directors,Finance Directors and Workforce Development Executive Directors. Andrea is an experienced professional with over twenty years of prior experience in Information Technology, IT Audit and Management experience in both the public and private sector. Her local government leadership roles include serving as the IT Director at Cleveland Public Schools with a staff of 50; Deputy Director of IT at Cuyahoga County with a staff of 70. In addition, her county experience includes creating a start-up venture to sell public computer access to the legal community. Ms. Sims has held management positions at AT&T, Progressive Insurance,and National City Bank managing IT projects as well as IT professionals, along with serving as an internal consultantlauditor. She has successfully managed IT professionals through the change process from legacy to client-server technologies including both private and public sector Year 2000 implementations. She is uniquely qualified and successful in CIO recruitments in the public sector. Areas of Expertise • Executive Recruitment • Recruitment and Retention Training • Diversity-based Recruitment and Retention • Information Technology Leadership • Organizational Assessment • Strategic Planning and Implementation • Project Management • Process Improvement • Change Management Professional Accomplishments and Education Andrea's educational background includes a Bachelor of Arts in Mathematics from Spelman College, Atlanta Georgia and a Master of Science in Operations Research from The Wharton School at the University of Pennsylvania, Philadelphia, Pennsylvania. In addition, her post-graduate education includes numerous executive development seminars and certification from the Leadership Academy at Cleveland State University, the Anderson School at UCLA and the Gartner Group. Andrea's current and past civic involvement includes the Board of Trustees at the Gathering Place; American Cancer Society, Cuyahoga Unit; Junior League of Cleveland, along with leadership positions with the Links, Inc!, the Spelman Alumnae Association,and Delta Sigma Theta,Inc. ©2011-The Waters Consulting Group,Inc. Page• 11 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF W CG,INC. . THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON wrmOUT THE WR PN CONSENT OF WCG,INC. "-PROFESSIONAL The all-inclusive professional fee to conduct the recruitment is provided below and includes the cost of professional services by the Lead Consultant and the project support staff, and all project-related expenses such as advertising, printing, candidate background and reference checks, and travel expenses for on-site visits by the Lead Consultant. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of WCG and are handled directly by the client organization. If there is a preference for separate billings for the professional services and project-related expenses, please advise us and the agreement can reflect such an arrangement. The all-inclusive professional fee will be billed in four installments; 30% of the fee will be billed at the beginning of the recruitment; 30%at the implementation of Phase I;30%at the implementation of Phase II; and the final 10%upon acceptance of offer by the candidate. If candidates from this recruitment process are selected for another position within your organization within one year of the close of the recruitment, a fee of 50%of the above mentioned proposal amount will be due to WCG Executive Recruitment. All questions regarding the professional fees and project-related expenses should be directed to Chuck Anderson, CEO of Executive Recruitment Division at canderson(@,watersconsulting.co or via phone at 811.965.3911. PHASE DESC7RH'TION OF PROFESSIONIAIMSERMIGI S Phase I Task 1 —Candidate Profile Development/Advertising/Marketing(includes one day on site by Lead Consultant) Task 2—Identify Quality Candidates Phase II Task 3—Screening of Applications and Submission of Recommended Finalists to Client. Task 4—Reference Checks,Background Checks,and Academic Verifications Phase III Task 5—Final Process/On-Site Interviews with Finalists(includes two days on site by Lead Consultant) Conclusion Acceptance of offer by candidate TOTAL ALL-INCLUSIVE PROFESSIONAL FEE $21,500.00 MMo-PAIMONWIRS ERV ICRE S MOW TG©ISIS MERA +ION FEE Additional work related to the search process and as specifically requested by the $1500.00 per client which is outside of the scope of this project(i.e.additional onsite meetings)is day additional. The fixed professional fee for this recruitment anticipates no more than plus expenses three onsite consulting days with one consultant.However,we would be pleased to provide additional onsite consulting visits for our standard daily rate of$1500 plus expenses. ©2011-The Waters Consulting Group,Inc. Page• 12 Taus PROPOSAL CONFAINS PROPRIETARY INFORMATION AND Is mE SOLE PROPERTY OF WCG,INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON NTrnOUT THE RRITTEN CONSENT OF WCG,INC. Page 1 1 _•)i Y RECOID R / �. ASHLAND/O AFT 'T1J 1 1 Lt'11 V D DATE','•,• ::+ `-:'," PO NUMBERt;,... 20 E MAIN ST. 10/7/2011 10493 ASHLAND, OR 97520 (541)488-5300 VENDOR: 013809 SHIP TO: City of Ashland WATERS CONSULTING GROUP (541)488-6002 5050 QUORUM DRIVE SUITE 625 20 E MAIN STREET DALLAS, TX 75254 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req. Del.Date: Contact: Tina Gray . Special Inst: Confirming? NO <- `.Quanti .:. .-.Unit ;�.!: . .._ ' , Description _i." `` " Umt Pnie"- Ext Price>. `:- Professional Recruitment Services 21,500.00 Recruitment of City Administrator Date approved by Council-09/2012011 SUBTOTAL 21500.00 BILL To:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 21,500.00 ASHLAND, OR 97520 ___., _.,PiojectNumtier, , `. - .:.Amount :;_;AccountNumber.. :c Project NumberArriount `:, E 710.01.49.00.604100 21 500.00 Authorize Signature VENDOR COPY , FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 114 41'0%6/1u ti Required date for delivery: s . Vendor Name Waters Consulting Group Address,City,State,Zip 5050Quorum Drive, Suite 625,Dallas,TX 75254 Contact Name&Telephone Number Andrea Simms Fax Number SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100.000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached Contrail# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5,000 to$75.000 ❑ Written Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment B Quote or Proposal attached Contract# ❑ (3)Written proposals attached Date approved by Council: Date approved by Council: 9120111 Description of SERVICES Total Cost pzo�roNM- S�Wnct;s— R�''2u��NT' o�crrY�nrvvNrsr,� �,�., V$21�500 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 60.00 A ,oST ❑ Per attached QUOTE Project Number______-___ Account Number Account Number___-__-__•__-______ Account Number -__-__-__-______ Account Number___-__-__• _ _ `Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. By signing this requisition form,I certify that the information provided above meets the City's public contracting requirements, d the documentation can be provided upon request. / Employee Signature: o/�ylfA x[A` _ Department Head Signature• */ Additional signatures(if applicable): Funds appropriated for current fiscal year: EE / NO ��'1 '0/h / Finance Director Date Comments: G FinanoeftcedurelAPTonnsTorm#3-Requisition.doc Updated on:1016/2011