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HomeMy WebLinkAboutAgenda Report - November 4, 2020 C-07AGENDA ITEM C.,,,7 �Q CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with Avery and Associates for Executive Level Recruitments ($21,900 per Recruitment) MEETING DATE: November 4, 2020 SUBMITTED BY: City Manager RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to enter into a professional services agreement with Avery and Associates for executive level recruitments ($21,900 per recruitment). BACKGROUND INFORMATION: The City would like to enter into a Professional Services Agreement (PSA) with Avery and Associates to conduct executive recruitments. The City previously had an agreement with Avery and Associates to conduct executive level recruitments on behalf of the City and desires to have them conduct executive level recruitments as needed over the next 12 months. Avery and Associates has been conducting executive recruiting for over 25 years and specializes in public sector placements. Avery will conduct recruitments on behalf of the City through direct contact with targeted candidates, market the position with various agencies, and advertise the opening in Western City and Jobs Available magazines as well as on-line publications. Avery and Associates will evaluate the candidates for suitability and will refer those who are most qualified to the City, saving the City time and effort in the recruitment process. Avery will also conduct references on the candidates and can facilitate background checks on behalf of the City. In addition, Avery offers a one-year guarantee on its search results. Avery will provide a discounted rate to the City for multiple recruitments. Avery's fees are $21,900 for each recruitment, including all expenses. Staff recommends that the Council approve the agreement with Avery and Associates for future executive level recruitments. FISCAL IMPACT: The fee for Avery and Associates services is $21,900 per recruitment over the next 12 months. The number of recruitments is not certain at this time. Executive recruitment expenses will be covered by existing appropriations made available by vacancy. FUNDING AVAILABLE: Funding for potential future recruitments will be made available by the vacant executive level position within the department. Andrew Keys Andrew Keys, Deputy City Manager Steve Schwabauer Steve Schwabauer, City Manager APPROVED Steve Schwabauer Stephen Schwabauer, City Manager AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and William Avery & Associates, a California Corporation, (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for executive recruitment services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on November , 2020 and terminates upon the completion of the Scope of Services or on November , 2023, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Cornponsation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Respotislbillty of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Adele Post, Human Resources To CONTRACTOR: William Avery & Associates 3-112 N. Santa Cruz Ave, Suite A Los Gatos, CA 95030 Attn: Paul Kimura, Prinicpal Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Erripinyee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of R the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY, However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. z Section 4.14 CitV Business License Re uirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severabili The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Autl- The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER CUSMIR City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By; .fani[e! b. Ma.geli[fr [Oc[ 13, .�Tfjlfl 16:59 PpTj CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager William Avery & Associates, a California corporation By: _ Name: PAUL KIMURA Title: Principal Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 270800000.72450 (Business Unit & Account No.) Doc I D: Mitev.01.2015 8 SCOPE OF SERVICES FOR THE CITY OF LODI Recruitment Team for the City of Lodi Paul Kimura will serve as the Principal in charge of all recruitment projects and will be personally involved with initial client meetings. Mr. Kimura will also have active involvement in the development of the position specification, outreach strategy, candidate outreach, qualifying, interviewing and assessment and referencing of candidates, presentation of candidates and participation in the final interview process with the client, and will be available throughout the search process to provide other related consulting services. Cris Piasecki, Bill Lopez and Sam Avery may serve as members of the project team based on the position being recruited. 'Their roles would involve assessment and proactive outreach, qualifying of candidates and referencing of candidates. Mr. Kimura will be personally involved in the initial client meetings, development of the ideal candidate profile and search strategy, interviewing and assessment of candidates, the presentation of candidates, attendance at final interviews and will be available throughout the search process to provide other related consulting services. Recruitment Plan I. Position Profile and Urga—It tional 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 and to formalize the recruitment brochure. Our goal for this aspect of the recruitment process is to: Understand the City priorities for the positions. + Develop a clear understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidate. • Discuss the goals, objectives, deliverables, and challenges related to the positions. • Gain insight of the various organizational dynamics and departmental issues that exist within the organization. • Identify the compelling aspects to the opportunities. The subsequent ideal candidate profile would be developed from the above discussions and incorporated into the formal position announcement. The candidate profile is also utilized in various other means as a marketing tool, for advertising copy, postings, and for other announcements. II.Dcvela np lent of • 'c rch itratepy Our scarch strategy will he developed in conjunction with the organizational assessment. The final approach is based on your input and considerations during the assessment activity. 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 our extensive database of key exec«tive contacts, Xfetrals and recommendations from key sources, and other current and former City Management personnel who have extensive contacts and networks in this area. • Public information sources that include various membership listings such as Western City, ICMA and the various municipal organizations within the Western U.S. • An extensive mailing campaign to current city managers and select assistant managers throughout the Western U.S, • Print advertising in ICMA Newsletter, Jobs Available, Western City publications and any other print publications deemed appropriate by the City. • Internet job postings on national public sector employment bulletin boards, City Management and Municipal association -based websites, and our company website. III. Candidate Assessment 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 member of the project tcarn. Candidates who pass the initial "qualifying" criteria are then scheduled for a formal interview with Mr. Kimura. 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 that relate to the position being considered. The philosophy liere is that the best indicator of future performance is to evaluate past behavior. This methodology allows the firm to "project" how a candidate would approach and address the key challenges in the new position. 7A 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 Upon completion of formal interviews, a selection of candidates for presentation is made. We feel our extensive qualification, interview, and reference interviewing process and the knowledge gained during our initial assessment period; enable our client to proceed with fewer rather than more finalists, However, we will not restrict or limit the number of candidates recommended as this decision is related to the overall strength and depth of the candidate pool. The final candidates are presented in our extensive candidate presentation "book", Each finalist will have a file consisting of a candidate summary sheet, the submitted cover letter and resume, the Candidate Assessment Report (based on the "behavioral" interview), and two candidate reference interviews. This extensive profile on each recommended candidate continually generates positive feedback from our clients as it provides extensive detail beyond just a resume. The Candidate book also identifies other candidates who were given secondary consideration, which provides the client insight on Others who were interviewed. Candidate summary sheets are created for everyone who submitted a resume would also be included, This provides the client an insight to the level and nature of response for their position. V. Selcctian 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. Our firm will also develop potential interview questions and be in attendance during final interviews to help facilitate the process and to lead an end of day debrief and evaluation process. VI. Position Closure and Follow -Un Based on the firm's experience in human resource management and executive search, we are able to assist our clients in formulating 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 following the hired individual joining the City, we will speak with that individual to ensure the transition has Wd effectively occurred. During the same period we will also review the individual's status with your office. Professional Services Consulting Fee Based on the services described in our proposal, the professional services consulting fee for each recruitment will be $21,900. 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 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 any reason. In either case, we invoice a client only for out-of-pocket expenses incurred in identifying a replacement. RESOLUTION NO. 2020-246 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM AVERY & ASSOCIATES, INC., A CALIFORNIA CORPORATION, OF LOS GATOS, FOR FUTURE EXECUTIVE LEVEL RECRUITMENTS WHEREAS, executive level recruitments are labor intensive due to the limited qualified labor pool; and WHEREAS, Avery & Associates, Inc., has an extensive track record of successfully recruiting for and placing executive level talent with the City of Lodi and other agencies in California, including building a network of available professionals they can directly notify of the openings in Lodi; and WHEREAS, the long lead time typically required for executive level recruitments necessitates the City move as quickly as possible each time a vacancy occurs in order to minimize the impact of a vacancy on public service delivery and City operations. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to: 1.) Execute a Professional Services Agreement with William Avery & Associates, Inc., a California Corporation, of Los Gatos, California, for future executive level recruitments that may occur in the next twelve months, in the amount of $21,900 per recruitment. 2.) Authorize William Avery & Associates, Inc., to conduct as many executive recruitments on the City's behalf as necessary to fill vacancies that may or may not occur over the next twelve months. Dated: November 4, 2020 I hereby certify that Resolution No. 2020-246 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 4, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None Nt NIFER USMIR City Clerk 2020-246