15-043 William Avery & Associates consulting services for recruiting & hiring a new City Attorney AGREEMENT BETWEEN
CITY OF CUPERTINO
AND /'9�
WILLIAM AVERY & ASSOCIATES V
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 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:
DUTIES OF CONSULTANT
1. CONSULTANT will perform any and all necessary work in order to assist the CITY in
recruiting and hiring a qualified CITY ATTORNEY. Work to be performed includes:
a) CONSULTANT to meet with CITY Officials and others deemed appropriate by
the CITY.
b) CONSULTANT will develop recruitment materials (including the candidate
profile,job announcement, and employment ads) for the CITY.
c) CONSULTANT will conduct outreach to seek out and recruit qualified candidates
for the position.
d) CONSULTANT will conduct preliminary screening to eliminate candidates who
do not possess minimum required qualifications.
I s -013
e) 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
f) 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.
g) CONSULTANT will notify all unsuccessful candidates.
h) CONSULTANT will, if requested, assist with final reference checks,
compensation negotiations, etc.
2. All work on this assignment will be led by Bill Avery and performed by Mr. Avery and
the staff of William Avery & Associates.
3. Attached is Exhibit A, 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 performance 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
Eighteen Thousand Nine Hundred(($18.900) ollars. A retainer of Seven Thousand Nine
Hundred ($7,900) Dollars will be- u°�Z=ani payable upon commencement of work. A
second invoice of Five Thousand Five Hundred ($5,500) Dollars will be submitted upon
presentation of candidate recommendations to the CITY and the final balance of Five
Thousand Five Hundred ($5,500) Dollars will be invoiced at the completion of the
search.
2. CONSULTANT shall bill CITY for direct expenses for advertisement, clerical time, long
distance telephone, travel, etc. Total billings for expenses shall not exceed Six Thousand
Five Hundred ($6,500) Dollars. Expenses will be detailed and billed monthly.
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 performance of (or in any way arising from) the
terms and provisions of this Agreement.
V.
INSURANCE
1. Consultant, at its sole expense, shall maintain the types of coverage and minimum limits
indicated below,unless otherwise approved by City in writing.
a) Commercial General Liability Insurance. Consultant shall maintain occurrence-based
coverage with limits not less than$1,000,000 per occurrence.
b) Business Automobile Liability Insurance. Consultant shall maintain coverage with
limits not less than $1,000,000 per each accident for owned, hired and non-owned
automobiles.
c) Workers' Compensation Insurance. Consultant shall maintain coverage as required,by
the California Labor Code.
d) Professional Liability Insurance. Consultant shall maintain coverage with limits not
less than $1,000,000 per occurrence. Professional Liability may,be written as claims-
made coverage.
VI.
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.
During our placement efforts, we openly share any relationships, previous experience and
knowledge for any candidate we present for consideration. Our commitment and responsibility is
to our clients and their best-interests.
It is also our practice to replace a candidate who may voluntarily resign during the first one year
of his 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 any reason.
In either case, we invoice a client only for out-of-pocket expenses incurred in identifying a
replacement.
WILLIAM AVJWY& ASSOCIATES, INC. CIT F UPERTINO
William Avery, Pre r" t D id Brandt, City Manager
Dated: Z5 Dated: L ( g-lay l s
APR OVED AS TO FORM:
) A A
4�AZCi Attorney
ATTEST:
City-Clerk
EXHIBIT "A"
SCOPE OF SERVICES
Recruitment Team for the City of Cupertino
Bill Avery will serve as the Principal in charge of this project. Mr. Avery will be personally involved in the initial
client meetings, development of the ideal candidate profile and search strategy, interview and assessment of
candidates, referencing and presentation of candidates, attendance at final interviews, and will be available
throughout the search process to provide other related consulting services.
Recruitment Plan and Services Provided
I. Position Profile and Organizational Assessment—Development of the Job
Announcement
The initial assessment phase is a critical component of the search process. Mr. Avery will
meet with the key decision makers to discuss the organizational needs and position
requirements and to formalize the job description.
In this assignment we would anticipate individual meetings with the City Council and
key staff members to solicit their view on the ideal candidate.
Our goal for this aspect of the recruitment process is to:
• Understand the City and departmental priorities for this position.
• Develop a clear understanding and consensus on the expertise, experience,
education, performance attributes, interpersonal skills 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.
We would welcome the opportunity to have other discussions with various key staff as
appropriate. Based on these discussions a four-color job announcement, which includes
the ideal candidate profile, will be presented for final approval. The brochure and
candidate profile is also utilized in various other means as a marketing tool, for
advertising copy, and for other announcements and postings.
J
II. Development of the Search Strategy and Candidate Outreach/Development - Sources for
Job Posting and Advertising
The search strategy is 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 are also sensitive to reaching a diverse applicant pool. We would
incorporate the following elements into this search:
• Original research, which consists of identification and' contact of current city
attorneys or attorneys associated with law firms operating in the public sector who
meet the profile,but are not actively seeking other employment.
• Development of a targeted candidate list based on our current and extensive database
of city attorney personnel, and referrals or recommendations from key sources/
contacts that have extensive networks in this area. The sources would include city
and county management personnel, attorneys affiliated with law firms or entities that
would have visibility into the public sector.
• Outreach to the numerous regional, ethnic-based and gender-based Bar Associations
throughout California.
• An extensive mailing campaign to individuals and law firms identified through the
means identified above and/or those affiliated with the legal profession throughout
California.
• Advertising in WESTERN CITY magazine, JOBS AVAILABLE magazine, and
other publications or periodicals deemed appropriate for this search. On occasion
our clients feel advertising in the Daily Journal is appropriate. If desired we would
do although the cost of that advertisement is not a part of the proposed expense
budget.
• Job postings on Internet-based national public sector employment bulletin boards,
association-based web sites, and our company website to reach active candidates.
• Development and distribution of the comprehensive position announcement to
various cities, counties, and state level departments.
III.- Candidate Assessment— Screening of Resumes
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— Screening of Resumes
Upon completion of formal interviews and initial reference interviews, a selection of
candidates for presentation is made. Typically, the number of recommended final
candidates ranges from four to six, although we do not artificially limit the number of
candidates if there is an exceptionally strong candidate pool.
We feel our extensive screening, interview, and reference process; combined with the
candidate insights provided by our detailed Candidate Assessment Report gives our
clients an in-depth and detailed background on each recommended finalist. Our clients
frequently.comment on the value this background provides.
The final candidates are presented in our candidate presentation "book." Each
recommended finalist will have a candidate profile consisting of a candidate summary
sheet, a cover letter, resume, the Candidate Assessment Report (based on the formal
interview), and two initial candidate reference interviews.
V. Selection Process—Interview Process and Preparation of Interview Questions
Once the final candidate interview group is identified, we will assist in the structuring of
the interview process and coordinate the interview scheduling activity. This includes
development of the actual interview schedule, notification to the candidates, and
development of potential interview questions (the final selection is typically made by the
client). We will also provide candidates with guidance related to travel planning, hotel
accommodations, as well as other interview planning issues.
During the actual final interview process, Mr. Avery will facilitate candidate "flow" and
observe the interviews. At the conclusion of interviews, he will lead a consensus
deliberation discussion towards selecting the top candidate(s).
VI. Position Closure and Follow-Up—Reference and Background Checking
Once the top candidate(s) is/are identified, we will conduct additional reference checks.
Our firm will also arrange a summary background evaluation on the City's final one or
two candidates. A copy of these confidential reports can be provided for you. The costs
for these evaluations are included in the expense budget under the "Consulting Fee"
section.
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.
CITY OF CUPERTINO
CITY ATTORNEY - RECRUITMENT SCHEDULE
Description(Weeks) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Initial meeting(s) 1
-Job announcement draft 3 -
-Advertising and marketing in 3-4
place.
-Recruitment strategy finalized I -
-Approve and print job
announcements 4-5
Recruitment period 4- 10
-Candidate screening6- 10
Candidate Interviews 11 - 12
-Complete references 13
-Preparation of candidate book 13
Presentation of candidates 14
Final interviews 16