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.
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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.
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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.
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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.
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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
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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..
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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.
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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.
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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
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