HomeMy WebLinkAboutCC Resolution 12526 (Recruit PW Director; William Avery)RESOLUTION NO. 12526
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING EXECUTION OF
CONTRACT FOR CONSULTANT SERVICES WITH
WILLIAM AVERY & ASSOCIATES, INC. FOR EXECUTIVE
RECRUITMENT FOR A PUBLIC WORKS DIRECTOR/CITY
ENGINEER
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of
San Rafael, an agreement with Avery Associates for an executive recruitment for Public Works
Director/City Engineer, in the form attached hereto as Attachment I.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 7th day of July, 2008 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
C • aee r' e
ESTHER C. BEIRNE, City Clerk
W:\City Managers- WorkFile\Council Material\Resolutions\2008Wvery Assoc Reso.doc
AGREEMENT
FOR: Executive Recruitment Services for Public Works Director/City Engineer
This Agreement is made and entered into this 7th day of July. 2008, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and William Avery & Associates, Inc. (hereinafter
"CONTRACTOR").
PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The City Manager, Ken Nordhoff, is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Paul Kimura is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in
Exhibit " A " attached and incorporated herein.
3. DUTIES OF CITY
CITY shall cooperate with CONTRACTOR in its performance under this
agreement and shall compensate CONTRACTOR as provided herein.
4. COMPENSATION
For the full performance of the services described herein by CONTRACTOR, CITY
shall pay CONTRACTOR as provided in Exhibit "A", in an amount NOT to exceed $23,900,
including the cost of local business license taxes as described in Section 20.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT
The term of this Agreement shall commence upon the date of execution of this
agreement and shall end on December 31, 2008.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten (10)
days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the
party giving such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents
described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later
than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of
CITY. CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
8. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance
of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in
any such audit or inspection.
9. ASSIGNABILITY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the
prior written consent of the other party, and any attempt to so assign this Agreement or any
rights, duties or obligations arising hereunder shall be void and of no effect.
10. INSURANCE
A. During the term of this Agreement, CONTRACTOR shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum
amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal
injury, or property damage;
2. An automobile liability (owned, non -owned, and hired vehicles)
insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to
be performed under this Agreement, a professional liability insurance policy in the minimum
amount of one million ($1,000,000) dollars to cover any claims arising out of the
CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A.,
shall also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or
coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution;
2. Except for professional liability insurance, the insurance policies shall
be endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall
be specifically endorsed to include the CITY, its officers, agents, employees and volunteers as
additionally named insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents, employees and volunteers as additional
insureds under the policies;
5. The insurance policies shall provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
3
8. PROJECT MANAGER and the City Attorney shall approve the
insurance as to form and sufficiency.
C. If it employs any person, CONTRACTOR shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney.
At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced
or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and defense
expenses.
11. INDEMNIFICATION
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its
officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss,
liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in
whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or
CONTRACTOR's officers, agents and employees in the performance of their duties and
obligations under this Agreement.
12. NONDISCRIMINATION
CONTRACTOR shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement. CONTRACTOR shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release,
defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all
damages, liabilities, penalties, fines and all other consequences from any noncompliance or
violation of any laws, ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions
of this Agreement, to the other party.
15. NOTICES
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be
given as follows:
TO CITY: Mr. Ken Nordhoff, City Manager
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael CA 94915-1560
TO CONTRACTOR: Mr. Paul Kimura
William Avery & Associates, Inc.
3'/Z N. Santa Cruz Avenue, Suite A
Los Gatos, CA 95030
16. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and not
as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status
of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and
not that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties
with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral
or written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
5
E. If any conflicts arise between the terms and conditions of this Agreement,
and the terms and conditions of the attached exhibits or the documents expressly incorporated
by reference, the terms and conditions of this Agreement shall control.
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent
breach or violation of the same or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance, or other consideration
which may become due or owing under this Agreement, shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such
action.
20. CITY BUSINESS LICENSE/OTHER TAXES
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a
CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay
any and all state and federal taxes and any other applicable taxes. CITY shall not be required to
pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
C
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
City an ger
ATTEST:
/-SS{h� G - (� rz.-",
City Clerk
APPROVED ASJO FORM:
P �}
ttr
City Attorney`]
CONTRACTOR
By:
Name: / A r
Title:
WACity Managers- WorkFile\Agreements & Contracts\08\Avery- Public Works Director.doc
7
EXHIBIT "A"
June 23, 2008
Ken Nordhoff, City Manager
City of San Rafael
1400 Fifth Ave., Room 203
San Rafael, CA 94901
Dear Mr. Nordhoff:
AVERYc
Los Gatos
Santa Cruz ♦ San Luis Obispo ♦ Bend, OR
We appreciate the opportunity to submit a proposal for the recruitment of your new Public Works Director. We
take great pride in our ability to provide quality results with a high degree of customer satisfaction and would
welcome the opportunity to again work for the City of San Rafael in conducting this recruitment.
Based on our track record in public works, we feel well suited to meet your needs in this assignment. In our
proposal, we've listed Public Works recruitments completed during the past four years. More importantly, eight
of these assignments were completed during the past 18 months. Currently, we are also conducting a
recruitment for Public Works Director for the City of Boise, ID. These collective assignments have given us a
large, current and active database of professionals in the public works field.
Following your review of this proposal, we hope our credentials will provide the basis for your positive
consideration of our firm. Enclosed you will find the following information:
• Company Profile & Firm Qualifications
• Recruitment Work Plan
• Guarantees & Ethics
• Recruitment Timeline
• Profiles on Principals of the Firm
• Client References
• Partial Listing of Completed Recruitments
Thank you again for the opportunity to be considered for these recruitments. If you have any questions, please
do not hesitate to call me at 408-399-4424.
Sincerely,
Paul Kimura
William Avery & Associates, Inc.
Labor Relations/Executive Search
3-1/2 N. Santa Cruz Ave., Suite A
Los Gatos, CA 95030
408.399.4424
Fax: 408.399.4423
www.averyassoc.net
PK.jmc
PROPOSAL FOR THE CITY OF SAN RAFAEL
RECRUITMENT FOR THE PUBLIC WORKS DIRECTOR
Avery Associates - Profile
Avery Associates is a Los Gatos, California based Management Consulting firm incorporated in 1982. We
specialize in Executive Search and Human Resources/Management Consulting. Our firm currently has two
Principals and several key Consultants. Bill Avery heads the Firm and the Management/Labor Relations practice
in addition to participating in key searches. Paul Kimura is the Principal who oversees the Search and
Recruitment practice. Ann Slate, Cris Piasecki and Gary Rogers form the core recruitment team for the firm.
Jackie Collins and Jessica Towner handle administrative support.
We offer a unique recruitment service as the background and capabilities of our firm Consultants gives us the
ability to provide recruitment services that positively differentiates us from other strictly public sector search
firms. We do so by incorporating private sector search methodologies into our public sector recruitment
process, and combining "best" practices from each of the sectors in which we operate.
Finn Qualifications
The majority of the recruitment activity is completed by our firm Principals. This hands-on involvement
includes client interface, search strategy development, candidate identification, and interviewing and
assessment. During the past three years we've completed several public works and engineering recruitments
listed below:
Title
Client
Director of Public Works and Parks
Town of Los Gatos
Public Works Director
City of Tracy
Public Works Director
City of Burlingame
Public Works Director
Town of Los Altos Hills
Public Works Director
County of Washoe, NV
Director of Transportation
County of Modoc
Technical Services Director
City of Olympia, WA
Deputy Director of Maintenance Ops
City of Fremont
Public Utilities Director
City of Clovis
Engineering Manager
City of Olympia, WA
Water Resources Manager
City of Olympia, WA
Deputy Public Works Director
City of Modesto
Public Works Director
County of Inyo
Public Works Director
City of Bishop
Director of Public Works
City of Pomona
City Engineer/Deputy Public Works Director
City of Pleasanton
Public Works Director
City of Los Altos
Public Works Director
City of Santa Rosa
Title Client
Public Works Director City of Lathrop
Town Engineer Town of Los Gatos
Deputy Public Works Director City of Morgan Hill
Director of Engineering Services City of Encinitas
Assistant Public Works Director City of San Leandro
Public Works Field Operations Manager City of Riverside
A partial list of other recruitments completed by our firm is also enclosed in this proposal.
Mr. Kimura's expertise in executive, technical and business recruitment, which he gained during his nineteen
years of Personnel experience in the high technology field, provides the basis for many of the recruitment
strategies used by the firm. He joined Avery Associates eight years ago to establish the firm's search practice.
Mr. Avery has an extensive background in City Management and in Labor Relations. Prior to starting the
management/labor relations consultancy he served as Town Manager for the Town of Los Gatos, CA. During
his subsequent twenty years of labor relations, he has served as management's labor representative for numerous
cities, counties and special districts throughout California. Collectively, the firms Principals offer exceptional
expertise in this area of recruitment.
We're pleased that each of our recruitments has resulted in a successful closure within the projected timeframe.
More importantly, our clients have expressed a high degree of satisfaction in the quality and depth of our
ser -vice. Enclosed you will find a set of our client references.
Recruitment Team for the City of San Rafael
Paul Kimura will serve as the Principal in charge of this project and will be assisted by Gary Rogers. Mr.
Kimura will be personally involved in meeting with the hiring authorities to define the ideal candidate profile,
development of the search strategy, interview and assessment of candidates, facilitation of final candidate
interviews, and will be available throughout the search process to provide other related consulting services.
Gary Rogers will assist with the recruitment efforts.
Recruitment Work Plan and Services Provided
I. Position Profile and Organizational Assessment,
The initial assessment phase is a critical component of the search process. 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 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.
V
• Gain insight of the various organizational dynamics and departmental issues that exist within the
organization.
• Identify the compelling aspects to this opportunity.
Based on these discussions, a candidate profile and a recruitment strategy will be developed. The ideal
candidate profile would be incorporated into the formal position announcement. The candidate profile is
also utilized in various other means as a marketing tool, an advertising copy, and for other
announcements.
II. Development of the Search Strateev
The search strategy is developed in conjunction with the organizational assessment. The final approach
is based on your input and considerations during the assessment activity. 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:
• Development of a targeted candidate list to be contacted by phone or e-mail, based on 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 state level league of
cities, National League of Cities and the American Public Works Association (APWA).
• An extensive, personalized mailing campaign to individuals identified through the means identified
above and/or those affiliated with Public Works throughout the state.
• Marketing and listing the position with various agencies, counties and cities within the state.
• Advertising in Western City Magazine, Jobs Available Magazine and other publications or
periodicals deemed appropriate for this search. Also, Internet postings on appropriate related
websites such as APWA and various regional APWA listings.
• Utilization of our extensive key executive contacts included in our recruitment database.
III. Candidate Assessment
Initially, all candidates responding to this position will be evaluated based on their resume and, if
appropriate, an extensive phone "screening" by the firm. Candidates who pass this initial "qualifying"
criteria are then scheduled for a formal interview with one of our firm's Principals.
These extended personal interviews typically take one to two hours and consist of a thorough discussion
of the candidate's experience, accomplishments, management philosophy and interpersonal style.
Individuals who best fit the position requirements will have an extensive Candidate Assessment Report
developed by the Principal who conducted the interview. Additionally, two reference interviews are
performed on these candidates.
IV. Candidate Presentation
Upon completion of formal interviews and initial reference interviews, a selection of candidates for
presentation is made. Typically, the number of final candidates requested by our clients range from five
to seven.
We feel our extensive screening, interview, and reference process, combined with the knowledge gained
during our initial assessment period, enables 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 interviews.
Candidate summary sheets for all prospective candidates who submitted a resume will also be included.
This provides the client with insight to the nature of response for their position.
V. Selection Process
Once the final candidate interview group is identified, we will assist in the structuring of the interview
process and coordinate the interview scheduling activity. Our firm will also provide candidates with
guidance related to travel planning, hotel accommodations, as well as other interview planning issues.
Upon request, our firm will also arrange a background evaluation on the City's final one or two
candidates. A copy of these confidential investigative reports will be provided for you. The costs for
these evaluations are included as part of the recruitment expenses contained in this proposal.
VI. Position Closure
Based on our 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.
Consulting Fee
Based on the services described in our proposal, the professional services consulting fee for this recruitment will
be $16,400. If awarded the search, we would request an initial retainer of $6,400 at the outset of the search. The
final balance of $10,000 would be invoiced at the completion of the search.
In addition to the Professional Services Fee, normal and direct out-of-pocket expenses associated with the
search are charged back to the client. Expenses for this assignment would be a not -to -exceed amount of $7,500
without the express consent of the City. These expenses include: advertising, clerical time, supplies, printing,
telephone, postage, summary background evaluations, and consultant travel for client discussions, meetings and
local and out -of -area candidate interviews. 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.
0
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 been known at the time employment started. In either case, we invoice a client only for
out-of-pocket expenses incurred in identifying a replacement.