Loading...
HomeMy WebLinkAboutCC Resolution 12219 (Recruit Fire Chief; William Avery & Assoc.)RESOLUTION NO. 12219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF THE AGREEMENT FOR CONSULTANT SERVICES WITH WILLIAM AVERY & ASSOCIATES FOR THE FIRE CHIEF EXECUTIVE RECRUITMENT 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 William Avery & Associates for an executive recruitment for the position of Fire Chief, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 19th day of March, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Heller 1 - " JEANNE M. LEONCINI, City Clerk AGREEMENT WITH WILLIAM AVERY & ASSOCIATES TO CONDUCT AN EXECUTIVE RECRUITMENT FOR FIRE CHIEF This Agreement is made and entered into this 19t' day of March, 2007, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and WILLIAM AVERY & ASSOCIATES, INC (hereinafter "CONTRACTOR"). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement and KEN NORDHOFF, the City Manager 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. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: A. Provide an executive search and recruitment for a new Fire Chief for CITY, as further provided in the proposal attached hereto as Exhibit "A". I.1�1�111�LY�]a[yMM'� CITY shall provide input from the PROJECT MANAGER as to his expectations and specific criteria desired for the new Fire Chief. CITY staff shall provide cooperation and information as reasonably required to assist CONTRACTOR perform the services and duties required under this agreement and shall compensate CONTRACTOR pursuant to the provisions of section 4, below. 4. COMPENSATION. For the CONTRACTOR's full performance of the duties and services described herein, CITY shall pay CONTRACTOR a professional services fee of $15,900.00. CITY shall also be responsible for reimbursable expenses and costs including travel, clerical support, placement of ads, background checks, and newspaper searches in an amount not to exceed $7,500.00. Total compensation paid by CITY to CONTRACTOR for all duties and services provided herein shall not exceed $23,400.00 without approval of the PROJECT MANAGER. Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. CONTRACTOR will receive an initial retainer of $5,900 at the outset of the search with a final balance of $10,000 paid at the completion of the search. Reimbursable expenses will be billed monthly. TERM OF AGREEMENT. The term of this Agreement shall be from the execution of this Agreement until CONTRACTOR's completion of performance of all duties and services under this Agreement, or August 30, 2007, whichever is earlier. 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. 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. C. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (3 0) days after termination. 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. 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. 9. 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 and administrative costs, 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. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to the CITY, an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of three hundred thousand ($300,000.00) dollars per occurrence. B. 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. 11. 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. 12. 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. 13. 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. 14. 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: 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. 3-1/2 N. Santa Cruz Avenue, Suite A Los Gatos, CA 95030 15. 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. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of this Agreement. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, and no amendment or change to this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 17. 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. 18. 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. 19. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KErII�QRDHOFF , City M er ATTEST:\ ANNE M. , EONCINI, City Clerk APP S TO FORM: f (jgs,buinan. Ass i ant City Attorney WILLIAM AVERY & ASSOCIATES r PAUL KIMURA EXHIBIT "A" PROPOSAL FOR THE CITY OF SAN RAFAEL RECRUITMENT FOR THE NEW FIRE CHIEF 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 Leah Jakusovszky 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. Firm Qualifications Our firm's Principals complete the majority of the recruitment activity. This hands-on involvement includes client interface, development of search strategy, candidate identification and qualification, interviewing and assessment and candidate presentation. Mr. Avery, having served in the past as a City Manager, provides the direct experience and knowledge of city administration. Mr. Kimura's expertise in executive, technical and business recruitment, which he gained during his nineteen years of advanced technology experience, provides the basis for many of the recruitment strategies and tactics utilized by the firm. Collectively, the firms Principals offer exceptional expertise in this area of public sector recruitment. Their profiles are enclosed. 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 service. Enclosed you will find a partial listing of our completed recruitments and 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 Gary Rogers. Mr. Kimura will be personally involved in the initial client meetings, development of search strategy, interview and assessment of candidates, 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 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's 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 candidates for this position. • 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 discussions with other individuals (or community groups) if desired by the City. Based on these discussions, candidate profiles and a final recruitment strategy will be presented for approval. The ideal candidate profiles would be incorporated into the formal announcements. The candidate profile is also utilized in various other means as a marketing tool, advertising copy, and for other announcements. II. Development of the Search StrateRv The search strategy is developed in conjunction with the organizational assessment. The final approach is based upon 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: • 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 contacts, referrals and recommendations from key sources and other current and former Fire Command personnel who have extensive contacts and networks in these areas. • Active referral solicitation from various industry sources and other contacts developed from our many years of public sector consulting. • Public information sources that include various discipline specific membership listings such as the League of California Cities, National League of Cities, and Fire Chief Associations both statewide and nationally. • An extensive, personalized mailing campaign to individuals identified through the means identified above and/or those affiliated with police management and fire management throughout the state and country. • Marketing and listing the position with various agencies, counties and cities within the state, region and county. • Advertising in WESTERN CITY Magazine, JOBS AVAILABLE Magazine, Fire Chief Magazine, and other publications or periodicals deemed appropriate for this search. • Internet job postings on national Public Safety and Public Sector employment bulletin boards such as the Fire Chief association -based websites and our company website. • Utilization of our extensive key executive contacts included in our recruitment database. • Development and distribution of the comprehensive position announcement to various city, county, and state departments, as well as agencies throughout the state and country. III. Candidate Assessment Initially, all candidates responding to this position will be evaluated based on their resume. 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 hour and consist of a thorough discussion of the candidate's experience, accomplishments, management philosophy and interpersonal style. Those individuals who best fit the position requirements will have an extensive Candidate Assessment Report developed by the Principal who conducted the interview. Additionally, several initial 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 six to eight. 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 six to eight who appear to best fit the position profile are presented in our candidate presentation "book." Each of these finalists will have a file consisting of a candidate summary sheet, a resume, the Candidate Assessment Report (based on the formal interview), and two candidate reference reports. Secondary candidates will have their cover letter and resume included. 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. Mr. Avery will be present for the interviews, this enables him to evaluate how well the candidates do and in turn provide them feedback. 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 summary background evaluation on the City's final one or two candidates. A copy of these confidential reports can be provided to you. VI. Position 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. If awarded the search, we would request an initial retainer of $5,900 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. 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. 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. 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. C -A C, No tet'`