Loading...
2001-060- Authorizing The Town Manager To Execute An Agreement For Recruitment Consulting Services With Avery & AssociatesRESOLUTION 2001- 60. RESOLUTION OF' THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR RECRUITMENT CONSULTING SERVICES WITH AVERY & ASSOCIATES WHEREAS, the Town periodically must fill vacant senior level management positions; and WHEREAS, professional recruitment firms are able to .draw upon their experience and extensive knowledge of eligible candidates to ensure successful executive searches; and WHEREAS, the fine of Avery & Associates is uniquely qualified to conduct executive searches due to their proximity to Town and outstanding search techniques; and RESOLVED, by the Town Council of the Town of Los Gatos, County of 'Santa Clara, State of California, thatthe Town Manager is hereby authorized to execute an agreement with Avery & Associates for recruitment consulting services, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos., California, held on the 4t~' day of June, 2001 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, .:Steve Glickman, Mayor Joe Pirzynslci. NAYS: None ABSENT: None ABSTAIN: None ~ f SIGNED: (i YOR OF TH OWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ,~---~_, t r . ~ ~U CLERK OF TIDE 'TOWN OF OS GATOS LOS Gr-~TOS, CALIFORNIA OFFICE OF THE TOWN CLERK AGR ~ ~. ~ I IHH ORD AGREEMENT FOR RECRUITMENT CONSULTANT SLR RESO ~ ~ ~~'~ THIS AGREEMENT is entered into this y day of June, 2001, by and between the Town of Los Gatos, State of California, herein called the "Town", and William Avery & Associates, engaged in roviding .recruitment consulting services, .herein called the "Consultant". RECITALS A. The Town .periodically endeavors to recruit department heads and senior level management personnel B. The Town desires to engage a professional recruiter to provide consulting services in conjunction with department heads and senior level management recruitments because of Consultant"s experience and qualifications to perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide recruitment services as requested by the Project Manager. The recruitment services to 'be provided pursuant to this Agreement may include, but are not limited to the following: a. .Position Profile and Organizafional Assessment Consultant shall meet the key decision makers in the hiring .,process as determined by the Town's Project Manager and as requested, various other staff members, to discuss the organizational needs and positions requirements.. Through discussions with these persons and by other appropriate means., Consultant shall develop an; understanding of the Town and Departmental .priorities for the position; an understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidate; an understanding of the goals, objectives, and challenges related to the position; and an understanding of the various organizational dynamics and departmental issues that exist within the organization. Consultant shall develop the ideal candidate ,profile based on the above information and incorporate it into the formal position announcement. Revised; May 30, 2001 Page 1 of 9 N:\MGR\G ROG ERS\CNF\R ECRU 171masteraverycontract:wpd b. Search Strategy Consultant shall develop a search strategy in conjunction with the organizational assessment. The final approach shall be based on input and considerations presented. during the organizational assessment. Generally., the activities listed below shall occur during each recruitment. • Original research which consists of identifying names and contacts of various personnel in the mwnicipalsectorand in comparable agencies or organizations. • .Active referral solicitation from contacts who are known to Consultant :and whose recommendations have a high degree of credibility. • Advertising in WESTERN CITY magazine., JOBS AVAILABLE magazine, and other trade publications or periodicals .deemed appropriate for each search. • Listing the position on the Internet in the Public Sector employment bulletin boards and on the CONSULTANT Vllebsite. • .Using extensive contacts of personnel from CONSULTANT's corporate database. • .Developing and distributing. a comprehensive job announcement to various City, County and Agency personnel departments throughout the state and country. c. Candidate Assessment The candidates shall be evaluated by the Consultant. Consultant shall evaluate all candidates responding to the position based on their resume and where appropriate an extensive phone "screening". Candidates who pass the initial qualifying criteria shall then be scheduled for a formal interview with one ofthe Consultant's Principals. Those individuals who best fit the position requirements will have an extensive Candidate Assessment Report developed by the Principal who conducted the interview. d. Candidate Presentation Upon completion of formal interview Consultant shall select candidates for .presentation. Typically, the number of final candidates shall range from 5 to 7, however, the number for each recruitment shall be determined upon consultation with the Town's Project Manager. The final candidates shall be presented in a candidate presentation book. Each candidate shall have a file consisting of a candidate summary sheet, a resume, the candidate assessment report (based on the formal interview), and candidate reference interviews. Revised: May 30, 2001 Page 2 of 9 N:\MGR\G ROGERS\CN F\R EC RU ITlmasteraverycontract.wpd Candidates who are interviewed and not selected for presentation, shall be identified and shall have a summary sheet included in the candidate presentation book. Candidate summary sheets for all other candidates who submitted a resume shall also be included. e. Selection Process Consultant shall. assist in structuring the interview process and coordinating the interview schedule.. Consultant shall also provide candidates with guidance and direction .relative to travel planning, hotel accommodations, as well as other interview planning issues. f. Position Closure and 1=ollow-Up Consultant shall assist Town in formulating appropriate compensation and .other employment arrangements. 1Nithin the#irst 3-6 months following the hire of a candidate, Consultant shall speak with the hired individual to ensure the transition has effectively occurred. g. Guarantees :and Ethics Consultant shall only present candidates who meet a substantial majority of the ideal qualifications established during the position profile .and organizational assessment. Consultant shall continue search efforts until a successful candidate is employed. Consultant shall replace a candidate who may voluntarily resign during the first six months of his/her employment. Consultant shall .also replace a candidate if the Town finds it necessary to terminate or to request the resignation of the selected individual in the first .six months of their employment, for reasons which would have .precluded his/her employment had they been known at the time employment started. 1n either case., Consultant will invoice Town only for out-of-pocket expenses incurred in identifying a replacement. The extent of the services to be provided by Consultant for each recruitment shall be determined by the Project Manager prior to initiation of the recruitment, and may be amended thereafter by the Town's Project Manager. 2. Time of Performance.. The services of the Consultant are to :commence upon notification by the Town Project Manager and shall be completed by June 30, 2002. The time for completion of individual recruitments shall be .determined in advance of each upon consultation with the Town's Project Manager. Revised: May 30, 2001 Page 3 of 9 N:\MGR\G ROG ERS\CNF\REC RUlllmasteraverycontract.wpii 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal., state and'local laws. Consultant represents and warrants to Town that it has all .licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to,practice its profession. Consultant represents and warrants to Town that Consultant shall., at its sole cost and expense., keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice 'its profession.. Consultant shall maintain a Town of Los Gatos business License pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all ,persons necessary to perform the services under this Agreement. 5. .Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the .completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public., and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release, The Town acknowledges that the reports to be .prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a .defined project, and Town'suse ofthe information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has .been confirmed in writing by Consultant to be a trade secret of Consultant. 8. Compensation. Compensation for Consultant's professional services shall not exceed $15.,000.00 per recruitment for "Recruitment Services" as set forth in the Scope of Services; and $5,000.00 per recruitment for reimbursable expenses. Reimbursable expenses include: advertising, clerical time, supplies.., printing, telephone, postage., consultant travel for client discussions, meetings, local candidate interviews., and the cost of the .required insurance certificate(s). The first consulting invoice of each recruitment in the amount of $5,000 shall be presented for payment upon completion of the draft recruitment brochure. The final :consulting invoice of each recruitment , in an amount that shall.not exceed $15,000 shall be submitted upon completion of the "recruitrnentservices"activities described in the Scope of Services. Revised: May 30, 2001 Page 4 of 9 N:\MGR\G ROG ERS\CN F\RECRU IT\masteraverycontract.wpd Each billing shall be accompanied by a brief report indicating that the specified recruitment services has (have) been completed. .Also., resumes, supplemental questionnaires, documents or other pertinent materials shall be submitted for Town review,. even if only in partial or draft form. Payment shall be net thirty {30) days. .All invoices and statements to the Town shall reference the Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 949 Los Gatos., CA 95030 Statements: Town of Los Gatos .Attn: Sandy Ortiz P.O. Box 949 Los Gatos, CA 95030 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three {3) years following completion of the work under this Agreement. Consultant shall make these records availableto authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be William H, Avery, President. The Project Manager for the Town shall be the Human Resources Manager. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services .shall be assigned or subcontracted without the written consent of the Town. 10, Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: Debra Figone Town Manager 110 E. Main Street Los Gatos, CA 95031 Revised: May 30, 2001 Page 5 of 9 N:\MGR\G ROG ERS\CNF\RECR U IT\mastaraverycontract.wpd To Consultant: William H. Avery President William Avery & Associates 3'/2 N. Santa Cruz Avenue., Suite A Los Gatos, CA 95030 or personally delivered to Consultant to such address or such other address as Consultant designates 'in writing to Town. 11. Independent Contractor. It is understood that the Consultant, in the .performance of the work and services agreed to be performed, shall act as and 'be an independent contractor and not an agent or employee of the Town. As an independent contractor Consultant shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed underthis Agreement. Consultant shall be compensated for its .costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation., unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest.. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives norshall itenter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse tothose of the Town in the subject of thisAgreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion.., divest. itself of such .interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a....person, Consultant discovers it has employed a person with a .direct or indirect interest that would conflict with its performance of this Agreement., Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.. Revised: May 30, 2001 Page 6 of 9 N i\MGR\G ROG ERS\CNF\R ECRUlllmasteraverycontradt.wpd 13. Eaual Emplo r~ment Opportunit~r. Consultant warrants that it is an equal opportunity employerand shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California 'Fair Employment & Housing Act. 14. .Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain., for the duration of the contract, General Liability insurance policies insuring him and his firm to an amount not less than: one million dollars ($1,000,:000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him and his staff to an amount not less than one million dollars ($1,000,000) combined. single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance,. with original endorsements effecting coverage.. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences. B. AlI Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at alltimes during the term of this Agreement with the Town Clerk. 15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, oragents or any subconsultant. Revised: May'30, 2001 .Page 7 of 9 N:\MGR\G ROG ERS\CNF\R ECRUlllmasteraverycontract:wpd 16. Waiver. No failure on the part of either party to exercise any .right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be-.governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall'be in the Superior or Municipal Court of the County of Santa Clara. 18. Termination of Agreement. The Town and the Consultant shall have the right to terminate this Agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all files, documents and reports performed to date by the Consultant. In fhe event of such termination,Town shall payConsultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, :including costs of appeal. 21. Entire Agreement. This Agreement, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party #o be bound, shall be binding on ether,party. Revised: May 30, 2001 Page 8 of 9 N:\MGR\G ROG ERS\CN F\R EC RU lilmasleraverycon(ract.wpd 1'N WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of .Los Gatos: Debra 'one., own Manager Consultant: Will1aam Avery & saciates l/I A it William H. Avery, ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California. r M~ria'h''~~ rive, Town Clerk APPROVED AS TO FORM: l~ Or .Korb, Town Attorney Revised:. May 30, 2001 Page 9 of 9 Ni\MGR\G ROG ERS\CNF\R ECRU IT\masteravarycontract:wpd