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10-072 Avery Associates, Professional Services, Hiring of Public Works Director AGREEMENT BETWEEN THE CITY OF CUPERTINO AND WILLIAM AVERY & ASSOCIATES This agreement, effective immediately, is entered into by and between WILLIAM AVERY & ASSOCIATES, INC. (hereinafter referred to as CONSULTANT) at 3 1/2 N. Santa Cruz Avenue, Suite A, Los Gatos, California 95030 and the THE CITY OF CUPERTINO (hereinafter referred to as CITY). WITNESSETH: WHEREAS, CITY has need for specialized consultant services; and WHEREAS, CONSULTANT has the training, experience and competence to perform the specialized service required by the CITY; and WHEREAS, CITY has the authority under state law to employ CONSULTANT; NOW THEREFORE, the parties to this agreement do hereby mutually agree as follows: I. DUTIES OF CONSULTANT 1. CONSULTANT will perform any and all necessary work in order to assist the CITY in recruiting and hiring a qualified PUBLIC WORKS DIRECTOR. Work to be performed includes: o CONSULTANT to meet with CITY Officials and others deemed appropriate by the CITY. o CONSULTANT will develop recruitment materials (including the candidate profile, job announcement, and employment ads) for the CITY. o CONSULTANT will conduct outreach to seek out and recruit qualified candidates for the position. o CONSULTANT will conduct preliminary screening to eliminate candidates who do not possess minimum required qualifications. CONSULTANT will work with the CITY to provide a recommended list of finalists. In performing the screening, CONSULTANT will utilize a combination of the following techniques: 1. Resume review 2. Phone interviews 3. Formal interviews 4. Initial reference interviews o CONSULTANT will present the CITY with the recommended list of finalists accompanied by detailed written reports. CONSULTANT will work with the CITY to arrange for interviews, suggest interview questions, and if requested, attend interview sessions. o CONSULTANT will notify all unsuccessful candidates. o CONSULTANT will, if requested, assist with final reference checks, compensation negotiations, etc. o All work on this assignment will be performed by Paul Kimura of William Avery & Associates. o Attached is a scope of services document, which details the work to be performed and the process to be followed. II. DUTIES OF CITY 1. CITY shall cooperate with CONSULTANT in the performance of this agreement as follows: a) Providing all information reasonably accessible to CITY which may be helpful to CONSULTANT in the performanc,- of services, and b) Make staff available for interviews /consultation, etc. C) Providing clerical and stenographic assistance as CONSULTANT may reasonably require on -site, and d) Providing a suitable location where interview sessions may be conducted. III. CONSIDERATION 1. For the services described above, the CITY shall pay CONSULTANT the sum of Fifteen Thousand Nine Hundred ($15,900) Dollars. Six Thousand Nine Hundred ($6,900) Dollars to be due and payable upon commencement of work. The balance will be due upon completion of work. CONSULTANT shall bill CITY for direct expenses advertising, clerical time, supplies, printing, telephone, postage, and consultant travel for client discussions, meetings and local and out -of -area candidate interviews. Total billings for expenses shall not exceed Five Thousand ($5,500) Dollars without the express consent of the City. Expenses will be detailed and billed monthly. The expense budget will not include interview or logistical costs for the final interviews conducted by the City. All expense items will be detailed and billed on a monthly basis. The consulting fee will be inclusive of all services defined within this proposal unless otherwise stated. Upon request we will do background checks on the final candidate(s). The typical cost for background is approximately $250 per candidate. If the City would prefer to have Avery Associates conduct final documented reference interviews, those services will be invoiced at a cost of $1,000 IV. INDEMNITY CONSULTANT shall indemnify, defend, and hold harmless the CITY, its officers, agents and employees against any and all liability, claims, actions, causes of actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONSULTANT, CONSULTANT'S employees, agents or independent contractors or companies in the per ,- ormance of (or in any way arising from) the terms and provisions of this Agreement. WILLIAM AVERY & ASSOCIATES CITY OF CUPERTINO Paul 'mura, Principal David Knapp, City Manager Dated: t ! Dated: 3 • SCOPE OF SERVICE FOR TIC PUBLIC WORKS DIRECTOR FOR THE CITY OF CUPERTINO Recruitment Team for the City of Cupertino Bill Avery and Paul Kimura will serve as the Project Leads in this assignment. Mr. Avery and /or Mr. Kimura will be personally involved in the initial client meetings, development of the ideal candidate profile and search strategy, interviewing and assessment of candidates, the presentation of candidates, attendance at final interviews, and will be available throughout the search process to provide other related consulting services. Outline of Our Recruitment Plan and Services Provided I. Position Profile and Orizanizational Assessment The initial assessment phase is a critical component of the search process. Mr. Avery and /or Mr. Kimura will meet with the key decision makers to discuss the organizational needs and position requirements. Our goal for this aspect of the recruitment process is to: • Understand the City priorities for this position. • Develop a clear understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidate. • Discuss the goals, objectives, deliverables, and challenges related to this position. • Gain insight of the various organizational dynamics and departmental issues that exist within the organization. • Identify the compelling aspects to this opportunity.. 11. Development of the Search Strategy and Candidate Outreach Our search strategy will be developed in conjunction with the organizational assessment. For this assignment, we feel it is critical to develop a high level of visibility with a comprehensive outreach program supplemented by a focused targeted recruitment approach. We would incorporate the following elements into this search: • Original research, which consists of identification and contact of current incumbents or other candidates who meet the profile, but are not actively seeking other employment. • Development of a targeted candidate list based on our extensive database of key executive contacts, referrals and recommendations from key sources, and other current and former public works personnel who have extensive contacts and networks in this area. • Public information sources that include various membership listings such as the League of California Cities, APWA, ASCE and the various municipal organizations within California and possibly nationwide. • An extensive mailing campaign to current Public Works Directors throughout California. • Print advertising Jobs Available and Western City magazine • Internet job postings on national public works related bulletin boards, and our company website. III. Candidate Assessment Our assessment process involves several "tiers" of evaluation. All candidates responding to this position will initially, be evaluated based on their resume and if appropriate, an extensive phone "screening" by a firm Consultant. Candidates who pass the initial "qualifying" criteria are then scheduled for a formal interview with the Principal in charge of the project. These extended personal interviews typically take one hour and a thorough discussion of their experience, accomplishments, management philosophy and interpersonal style takes place. In interviewing candidates, we utilize a methodology based on "behavioral" interview techniques. Fundamentally, this approach explores a candidate's past accomplishments and experiences. The philosophy here is that the best indicator of future performance is assessing past behavior. This methodology allows the firm to "project" how a candidate would approach and address challenges in the new position. Those individuals who best fit the position requirements will have a Candidate Assessment Report developed by the Principal who conducted the interview. Additionally, two initial reference interviews are performed on these candidates. The reference interviews provide our clients with additional insights on the candidate's "behavior" and style. IV. Candidate Presentation Upon completion of formal interviews and initial reference interviews, a selection of candidates for presentation is made. We feel our extensive screening, interview, and reference process; combined with the knowledge gained during our initial assessment period, enable our client to proceed with fewer rather than more finalists. The final candidates are presented in our candidate presentation "book." Each finalist will have a file consisting of a candidate summary sheet, a resume, the Candidate Assessment Report (based on the formal interview), and candidate reference reports. V. Selection Process Once the final candidate interview group is identified, we will support the City with the final interview process as requested. Vie understand the City will develop its own interview and evaluation process and will secure and coordinate interview panels. Our firm will provide candidates with guidance related to travel planning, hotel accommodations, as well as other interview planning issues. Upon request, our firm will also arrange for summary background evaluations on the City's final one or two candidates. A copy of these confidential reports can be provided for you. The costs for these investigations are considered independent of the recruitment expenses listed below and will be invoiced separately. In addition, we will upon request, conduct final reference interviews for the final one or two candidates. Should the city desire that additional service, we have included the cost in our pricing proposal VI Recruitment Closure and Follow -Up Based on the firm's experience in human resource management and executive search, we are able to assist our clients in the formulation of appropriate compensation and other employment arrangements. We will be available throughout our retention to assist in this process. As a matter of policy, Avery & Associates monitors the transition and progress of any executive we place with a client. Within the first three to six months after the City has hired the individual, we will speak with that individual to ensure that an effective transition has occurred. During the same; period, we will also review the individual's status with your office. Consulting Fee Based on the services described in our proposal, the professional services consulting fee for this recruitment will be $15,900. Normal and direct out -of- pocket expenses associated with the search are charged back to the client. Expenses for this assignment would not exceed $5,500 without the express consent of the City. These expenses include: advertising, clerical time, supplies, printing, telephone, postage, and consultant travel for client discussions, meetings and local and out -of -area candidate interviews. All expense items will be detailed and billed on a monthly basis. As discussed above, upon request we will do background checks on the final candidate(s). The typical cost for background is approximately $250 per candidate. The consulting fee will be inclusive of all services defined within this proposal unless otherwise stated. If the City would prefer to have Avery Associates conduct final documented reference interviews, those services will be invoiced at a cost of $1,000. Guarantees and Ethics Whenever William Avery & Associates, Inc. is retained; we make several guarantees and commitments to a client. Due to our experience, knowledge and success within the management consulting field, we assure a client that we will only present candidates who meet a substantial majority of the ideal qualifications that you have outlined. We are also committed to continue our search efforts until a successful candidate is employed. It is also our practice to replace a candidate who may voluntarily resign during the first year of his /her employment. This same commitment applies if the client finds it necessary to terminate or to request the resignation of the selected individual in the first year for reasons which would have precluded his /her employment had they berm known at the time employment started. In either case, we invoice a client only for out -of- pocket expenses incurred in identifying a replacement.