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CONTRACT 4883 Professional Services Agreement CLOSEDAgreement No. 4883
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
WILLI M AVERY & ASS.00IA, "YES, INC
This AGREEMENT is entered into this 30Th :.day r of uly; 2Ql S by and between the CITY
OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and William Avery
& Associates, Inc. a Management Consulting firm, ( "CONSULTANT ").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONS(JLTAN T a sum not to
exceed forty one thousand eight bujidr d doll rs ($41,800) for (. ONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written, amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit "A," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
Agreement No. 4883
4. PAYMENTS.: For CITY to pay CONSULTANT as specified by this Agreement,
t,(N iII. "I'AN`l" �rr.a st submit <a detailed invoice to 04Y which, lists the hours worked and rate(s)
for each personnel category and reimbursable costs (,all as set forth in lw.shibit "A ") the tasks
performed, the percentage of the task completed during the billing period, the cumulative
percentage completed for each task, the total cost of that work during the preceding billing
month and a cumulative cash flow curve showing projected and actual expenditures versus time
to date.
5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the cut -rent budget and within an available, unexbausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ( "Manager ") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ( "Additional
Work ") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $41,800 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
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Agreement No. 4883
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
e� 40m Jul
i • p w cc mber 3.
Unless otherwise deterrnined by written amendment between the parties, this Agreement will
A. Completion of the work specified in Exhibit "A ";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSUL'T'ANT will not perforin any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. if delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit :Scol.ie fWork, budget, ar�d roposal fi(kServiccs:
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract tirne will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
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Agreement No. 4883
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C„ Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
-- receive-just and - equitable compensation- for -any work satisfactorily- completed up
to the effective date of notice of termination, not to exceed the total costs under
Section I (C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F, By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CI'fY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
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Agreement No. 4883
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. .Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs far CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement,
except for such loss or damage arising from CITY's negligence or
willful misconduct.
ii. .Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of this Agreement, or its performance, except for
such loss or damage arising from CITY's negligence or willful
misconduct. Should CITY be named in any suit, or should any claim
be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
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Agreement No. 4883
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without Iimitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set lbrth, below—.-
_l"yjjL oflnsutanc ,
Commercial general liability;
Professional Liability
Business automobile liability
Workers compensation
Limits
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
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Agreement No. 4883
B. Commercial general liability insurance will meet or exceed the requirements of
the most recent ISO -CGL Form. The amount of insurance set forth above will be
a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said
insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by CITY will be excess thereto.
Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance will be on an "occurrence," not a "claims made," basis
and will not be cancelable or subject to reduction except upon thirty (30) days
prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage .Form CA
00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "ANIL"
F„ Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
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Agreement No. 4883
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
William Ave ry & ....... -..
Associates, Inc.
3 '/Z N. Santa Cruz Ave., Suite A
Los Gatos, CA 95030
Attention: William Avery
If to CITY:
City of El Segundo
El Segundo, CA
Attention: Greg Carpenter
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or malting of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County,
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the pai�ties. There are no other understandings, tcrins, or other agreements
expressed or implied, oral or written. There is,one:(1) Attachment to this Agreement:. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
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Agreement No. 4883
33. RULES OF CONSTRUCTION, Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
so
Agreement No. 4883
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
[iii
Greg
City
ATTEST: �
Cit Cler '
APPROVED A5 `tuff FORM:
MARK 1- 3NSLEY, City Attorney
By: ._. _ ....._
Karl H. Berg,et °,
Assistant City A ey
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Taxpayer ID No ..
Agreement No. 4883
EXHIBIT "A"
PROPOSAL FOR THE CITY OF EL SEGUNDO
RECRUITMENTS FOR THE DIRECTOR OF FINANCE AND FIRE CHIEF
William Avery & Associates, Inc. -- Overview
William Avery & Associates, Inc. (Avery Associates) is a successful and service focused
Management Consulting firm based in Los Gatos, California. Incorporated in 1982, the firm
specializes in Executive Search, Labor Relations and Human Resources/Management Consulting.
The firm currently includes two Principals and several key consultants. Bill Avery, the founder of
Avery Associates, heads the firm. He oversees the Labor Relations practice and leads key searches.
Paul Kimura is the Principal who oversees the Executive Search and Recruitment practice. Key staff
members include Ann Slate and Cris Piasecki, who support the search practice and the firm's
administrative staff includes Tina Liu, the Finance /Contracts Administrator, and Jackie Collins and
Jessica Towner. Temporary staff as needed augments the team.
Mr. Avery, having served in the past as a City Manager, provides the firm with 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 high technology experience, provides the
basis for many of the recruitment strategies and tactics utilized by the firm. Collectively and
combined, the firms Principals offer exceptional expertise in the area of public sector recruitment
and consulting.
Firm Qualifications/Experience — What Differentiates Avery Associates
Exceptional service delivery and a very high quality work product provide excellent results for our
clients. This begins with the initial client meetings, which lead to detailed timelines for deliverables
followed by weekly recruitment status updates following initiation of the search. Our candidate
outreach efforts are professionally and confidentially conducted. The evaluation materials we
provide clients are routinely characterized as accurate, comprehensive and of very high quality. We
believe more so than any other public sector recruitment firm. This is largely based on our
interview system utilizing behavioral interview techniques, which we describe in our recruitment
plan. This leads to a quality product with excellent end results for our clients.
The service element is based on two factors: The first is the collective service philosophy from all
of our organizational team members. They are each dedicated to providing service and support to
clients. The second factor is based on the high level of engagement and participation from the firm
Principals in every search assignment. This hands -on involvement includes client interface,
identifying and developing the ideal candidate profile and position specification, development of the
search strategy, candidate outreach, interviewing and assessment, completion of reference
interviews, candidate presentation, final interview facilitation and when desired, negotiation of
employment terms with the successful candidate.
Agreement No. 4883
Recruitment Team for the City of El Segundo
Paul Kimura will serve as the Project Lead in this assignment and will be supported by the
administrative team of Avery Associates. Mr. Kimura will be personally involved in client
meetings, development of the ideal candidate profile and search strategy, candidate outreach,
interview and assessment of candidates, presentation of candidates, attendance at final interviews,
final referencing and will be available throughout the search process to provide other related
consulting services. Mr. Kimura will have involvement in all aspects of this recruitment with the
exception of clerical and administrative tasks.
Recruitment Plan
I. Nsition profile and :... r1,aniz tion l.,, ss semen
The initial assessment phase is a critical component of the search process. Mr. Kimura will
meet with the hiring authority, key policy makers and stakeholders to discuss the
organizational needs and position requirements. We also feel it's valuable to meet, at the
outset, with command staff and labor management to secure their input and support in the
process.
Our goal for this aspect of the recruitment process is to:
• Understand the City's priorities for these positions.
• Develop a clear understanding and consensus on the expertise, experience,
education, performance attributes and operational style of the ideal candidate to
help ensure a successful match.
• Discuss the goals, objectives, deliverables, and challenges related to these
positions.
• Gain insight of the various organizational dynamics and departmental issues that
exist within the organization,
• Identify the compelling aspocts to these opportunities: -_
The formal position description and 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.
r.
Agreement No. 4883
EXHIBIT "A"
PROPOSAL FOR TFIE, CITY OF EL SUNDO
RECRUITMENTS FOR T14E DIRECTOR OF FINANCE AND FIRE CHIEF
William Avery & Associates, Inc. — Overview
William Avery & Associates, Inc., (Avery Associates) is a successful and service focused
Management Consulting firm based in Los Gatos, California. Incorporated in 1982, the firm
specializes in Executive Search, Labor Relations and Human Resources/Management Consulting.
The firm currently includes two Principals and several key consultants. Bill Avery, the founder of
Avery Associates, heads the firm. lie oversees the Labor Relations practice and leads key searches.
Paul Kimura is the Principal who oversees the Executive Search and Recruitment practice. Key staff
members include Ann Slate and Cris Piasecki, who support the search practice and the firm's
administrative staff includes Tina Liu, the Finance/Contracts Administrator, and Jackie Collins and
Jessica Towner. Temporary staff as needed augments the team.
Mr. Avery, having served in the past as a City Manager, provides the firm with 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 high technology experience, provides the
basis for many of the recruitment strategies and tactics utilized by the firm. Collectively and
combined, the firms Principals offer exceptional expertise in the area of public sector recruitment
and consulting.
Firm Qualifications/Experience — What Differentiates Avery Associates
Exceptional service delivery and a very high quality work product provide excellent results for our
clients. This begins with the initial client meetings, which lead to detailed timelines for deliverables,
followed by weekly recruitment status updates following initiation of the search. Our candidate
outreach efforts are professionally and confidentially conducted, The evaluation materials we
provide clients are routinely characterized as accurate, comprehensive and of very high quality. We
believe more so than any other public sector recruitment firm. This is largely based on our
interview system utilizing behavioral interview techniques, which we describe in our recruitment
plan. This leads to a quality product with excellent end results for our clients.
The service element is based on two factors: The first is the collective service philosophy from all
of our organizational team members. They are each dedicated to providing service and support to
clients. The second factor is based on the high level of engagement and participation from the firm
Principals in every search assignment. This hands-on involvement includes client interface,
identifying and developing the ideal candidate profile and position specification, development of the
search strategy, candidate outreach, interviewing and assessment, completion of reference
interviews, candidate presentation, final interview facilitation and when desired, negotiation of
employment terms with the successful candidate.
ap,
Agreement No. 4883
Recruitment Team for the City of El Segundo
Paul Kimura will serve as the Project Lead in this assignment and will be supported by the
administrative team of Avery Associates, Mr. Kimura will be personally involved in client
meetings, development of the ideal candidate profile and search strategy, candidate outreach,
interview and assessment of candidates, presentation of candidates, attendance at final interviews,
final referencing and will be available throughout the search process to provide other related
consulting services. Mr. Kimura will have involvement in all aspects of this recruitment with the
exception of clerical and administrative tasks.
Recruitment Plan
I. 'Position Profile and Organizational Assessment
The initial assessment phase is a critical component of the search process. Mr. Kimura will
rneet with the hiring authority, key policy makers and stakeholders to discuss the
organizational needs and position requirements. We also feel it's valuable to meet, at the
outset, with command staff and labor management to secure their input and support in the
process.
Our goal for this aspect of the recruitment process is to:
• Understand the City's priorities for these positions.
• Develop a clear understanding and consensus on the expertise, experience,
education, performance attributes and operational style of the ideal candidate to
help ensure a successful match.
• Discuss the goals, objectives, deliverables, and challenges related to these
positions.
• Gain insight of the various organizational dynamics and departmental issues that
exist within the organization.
• Identify the compelling aspects to these opportunities.
The formal position description and 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.
I owitt--a]
Agreement No. 4883
II. Search Strategv and Outreach Efforts
The search strategy is developed in conjunction with the organizational assessment. 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 these searches:.
• Development and contact of a targeted candidate list based on our extensive database of
current recruitment contacts, referrals and recommendations from key sources and other
current and fonner incumbents or related personnel who have extensive contacts and
networks in each of the areas.
• Job postings on Internet -based job boards, association -based web sites that are unique
to specific disciplines and /or to the public sector in general.
• Original research, which consists of identification and contact of current incumbents or
other candidates who meet the various profile, but are not actively seeking other
employment. This is the crux of our direct and aggressive phone and email outreach.
approach. It's our experience that despite extensive mailing, postings and
announcements, many will not know of a position being available.
• Print advertising in various periodicals related to the public sector or to these
disciplines. Regular distribution magazines such as JOBS AVAILABLE magazine get
a high degree of visibility.
• 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
Our assessment process involves several "tiers" of evaluation. Candidates responding to
these positions will be initially evaluated based on their resume and if appropriate, a phone
"screening" by a firm Consultant. Candidates who pass the initial "qualifying" criteria are
then scheduled for a formal face -to -face interview with the primary consultant in charge of
the project. 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. The philosophy here is that the best indicator of future performance is
assessing past behavior. This methodology allows the firm to "project" how a candidate
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Agreement No. 4883
would approach and address challenges in the new position and help ensure a positive match,
with the organization.
Those individuals who best fit the position requirements will have a Candidate Assessment
Report developed by the project lead that conducted the interview. Additionally, two
preliminary, initial reference interviews are performed on these candidates. The reference
interviews provide our clients with additional insights on the candidate's "behavior" and
style.
TV. Candidate Presentation
Upon completion of formal interviews and preliminary reference interviews, a
recommendation of finalist candidates for your consideration is made. We feel our
extensive screening, interview, and initial reference process combined with the candidate
insights provided by our detailed Candidate Assessment Report gives our clients an in-depth
and detailed background on each recommended finalist. Our clients frequently comment oil
the value this background provides.
The final candidates, are presented in our candidate presentation "book." Each
recommended finalist will have a candidate profile consisting of a candidate summary sheet,
a cover letter, resume, the Candidate Assessment Report (based on the formal interview),
and two initial candidate reference interviews. Others who have interviewed or given
secondary consideration will also be included in the book.
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 firni will also
provide candidates with guidance related to travel planning, hotel accommodations, as well
as other interview planning issues.
VI. 'Position Closure
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.
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Agreement No. 4883
Timeline
Our experience reflects the approximate timeline from initial client meeting to offer acceptance will
take a minimum of four months. The key activities and timeframes are as follows:
Initial client meeting to identify and develop specifications
week 1
Develop job announcement & secure related materials from client
week 3
Advertising developed and website postings
week 4
Print and distribute job announcement
week 5
Outreach period
week 6 -12
Assessment /evaluation/referencing of candidates
week 11 -14
Candidates presented and discussed with clients
week 15
Final interviews
week 16 -17
Offer extended
week >17
This timeline represents a standard recruitment process. Typically, more than one recruitment
conducted simultaneously is best coordinated with a lead /lag schedule of two to four weeks.
Consulting Fee
Our consulting services are based on two elements; the Professional Services Fee and reimbursable
out -of- pocket expenses directly related to the recruitments. Based on the services described in this
proposal, the Professional Services Consulting Fee for these assignments would be $31,800. We
would provide our first consulting invoice in the amount of $10,800 at the outset of the search. A
second invoice of $7,000 will be billed upon presentation and acceptance of final candidates for the
first search. A third invoice of $7,000 will be billed upon presentation and acceptance of final
candidates for the second search. A final invoice of $7,000 will be billed at the completion of both
assignments. Our invoicing models ensures the firm will remain totally committed to the City
throughout the duration of the search as the final invoice is not submitted until the City has an
accepted candidate.
In addition, normal and direct out -of- pocket expenses associated with recruitments are charged
back to the client. Expenses for this assignment would be a not -to- exceed amount of $10,000
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. The expense budget would
not include interview or logistical costs for the final interviews conducted by the City. All expense
items will be detailed and billed on a monthly basis.
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Agreement No. 4883
Guarantees and Ethics
Whenever William, Avery & Associates, Inc. is retained; we make several guarantees mid
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 contintle 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 any reason. In either case,
we invoice a client only for out-of-pocket expenses incurred in identifying a replacement.
Agreement No. 4883
Avery Profile
William Avery
William Avery founded his successful management consulting firm in 1981. He has directed.
William Avery & Associates in service as a Labor Relations and Executive Search consultancy,
serving personally as a chief negotiator, trainer, and representative in grievance and disciplinary
matters.
A specialist and widely recognized expert in employer - employee relations, he has served as a City
Manager (Los Gatos) and Assistant City Manager. While City Manager, he was President of the
Santa Clara County City Manager's Association and Chair of the County Ernployee Relations
Service.
Bill has lectured at lie Ana College, San Jose State University, and Stanford University, and
regularly makes presentations for the League of California Cities, CALPELRA, and other public
sector organizations.
Building on his personal track record of success, he expanded the firm's focus to include increased
emphasis on public and private sector search. He added proven industry professionals with
expertise in these areas. The result has been to create an exceptionally strong management
consulting firm, now known as Avery Associates, with the expertise to provide the full range of
services required for successful public or private sector executive search.
A key measure of the firm's success has been the many long -term relationships that he and his staff
have established with clients.
Bill holds B.A. in Political Science and an MPA from San Jose State University, where he was
graduated with highest honors.
Agreement No. 4883
Avery Profile
Paul Kimura
Paul Kimura brings a unique combination of recruitment and business experience to Avery clients
Paul is involved in leading Avery's public sector professional searches. He has been both a
corporate recruitment director and 'FIR director for a number of high technology companies, ranging
from Fortune 500 firms such as Novell and National Semiconductor to a Silicon Valley start-up, His
proven recruitment and ITR generalist skills help him bring forward the best available candidates
and properly assess their skills and "fie' with client organizations.
Indeed, many of the recruitment strategies and tactics incorporated into the Avery search process
are a direct result of Paul's extensive recruitment experience in the high technology industry,
Paul has been a successful HR consultant, guiding clients through all aspects of Human Resources
functions — compensation & benefits, employee and management training, performance
management, and termination issues.
He is skilled in areas such as strategic planning, executive coaching, separation negotiation, and
organ izational assessment and design. It's another service that Avery Associates is able to offer its
clients because of the unique background of its principals — and Paul's extended skill set in Human
Resources underscore: the fact that Avery professionals "'have been there" and understand your
needs from a personal perspective.
Paul holds a B.S. degree in Business Administration from San Jose State University. He is active in
professional HR organizations and in the community, where fie has worked with a number of
education, youth service, civic, business, and cultural organizations.
"Just as Avery looks to form long-lasting relationships with its clients, I believe in making the
same commitments within my community,"
"A