03-0819_DAVIS COMPANY, THE_Professional Services Agreement0 •
Professional Services Agreement
For Executive Recruitment Services
The City of San Juan Capistrano (City, hereinafter) hereby agrees to retain The Davis Company
(Consultant, hereinafter) to provide technical recruitment assistance for the position of Planning Director
as described in Section 1. Scope of Services.
Section 1. Scope of Services: Consultant agrees to provide the services that are described in Attachment
A which is a part of this agreement. This agreement includes all of the services for which Consultant is
being retained.
Section 2. Compensation: As compensation for providing the services described in Section 1 above, City
agrees to pay Consultant on a time and materials basis for all services rendered, and shall reimburse
Consultant's out-of-pocket expenses as follows.
• An hourly rate of $170 per hour for all technical assistance services rendered not to exceed $8,500,
plus
• Expenses as incurred for mileage @ $0.42 per mile, long-distance telephone and fax charges at direct
cost without mark-up; printing/copying @$0.15 per page, and background and credit checks at direct
cost without mark-up.
Fees and expenses shall be invoiced monthly and paid by City within thirty days of receiving an invoice
from Consultant. Further, Consultant shall be compensated at the rate of $170.00 plus reimbursement for
expenses for any services that are requested in writing by City in addition to the services described in
Section 1.
Section 3. Term: The agreement is effective upon the date that it is executed by City and shall continue
in force until all work is completed. City may terminate the agreement for any reason upon providing
five days written notice of such termination to The Davis Company, c/o Michael Davis at 11150 Santa
Monica Boulevard, #230, Los Angeles, CA 90025. In the event City terminates consultant's services for
reasons unrelated to consultant's performance, Citv shall pay Consultant for any services and expenses,
that have been incurred on behalf of City as of the date of termination.
Section 4. Insurance: Consultant warrants to City that he currently has and shall keep in force without
interruption at his own expense during the term of this agreement, the following insurance: (1) workers'
compensation and employers' liability insurance, in accordance with the laws of the State of California;
(2) broad form comprehensive public liability and property damage insurance with a limit of not less than
$1,000,000.00, and (3) automobile public liability and property damage insurance, including owned,
hired, and non -owned automobiles.
Professional Services Agreement -City of San Juan Capistrano Page I
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Upon City's request Consultant shall immediately furnish City with appropriate certificates naming the
City as and additional insured.
Section 5. Indemnity: Consultant agrees to indemnify and hold harmless City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses resulting from
Consultant's negligent performance of the work described herein, caused in whole or in part by any
negligent act or omission of consultant, any subcontractors, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, except whereby the active negligence, sole
negligence, or willful misconduct of the City.
Section 6. Non — Assignment: Consultant agrees not to assign, transfer or convey any interests, rights or
responsibilities applicable to this contract to other parties without the City's written consent.
Signature of Consultant: Signature of City Representative:
Michael Davis City Manager
f-2�7-03
Date
Approved as to orm:
John Sh w, City Attorney
Date
�I2z
Date
Date
Professional Services Agreement — City of San Juan Capistrano
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D41S
The Dais Company
MICHAEL DAVIS
JAMES D. WILLIAMS
Attachment A
Planning — City of San Juan Capistrano, CA
Technical Assistance for Recruitment & Selection
The Davis Company will provide technical assistance for a City managed recruitment process
that includes the following:
1. Recruitment Schedule: Prepare a suggested schedule and list of major recruitment and
selection tasks.
2. Advertising: Provide a list of recognized and appropriate advertising sources; draft ad text;
and advise on materials and information that should be made available to potential
candidates.
3. Preliminary Screening of Applicants: Conduct preliminary screening for the City's Applicant
Pool to include:
• personal interviews with up -to twenty candidates to identify those candidates that are
most likely to be an `outstanding fit" for the position; and
• at least two reference checks per candidate to validate applicant suitability and
qualifications.
4. Recommend Finalists to City: Present the results of the preliminary screening process to the
appointing authority and recommend candidates for further consideration.
5. Professional Background Checks: Once a tentative selection decision has been made by the
Appointing Authority, conduct additional background and reference checks, excluding
criminal background investigations.
6. Technical Advice, Generally: Promptly advise City, normally by telephone, on all matters
directly related to the recruitment and selection process.
555 University Avenue, Suite 116, Sacramento, CA 95825 916.567.9510 TEL 916.567.9540 FAX
11150 Santa Monica Blvd., Suite 230, Los Angeles, CA 90025 310.473.1457 TEL 310.575.9739 FAx
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City Responsibilities include:
1. Manage of all phases of the recruitment and selection process.
2. Design, writing and placement of all advertising.
3. Writing, printing and distributing all recruitment materials including information about the
City and the position.
4. Receipt, processing and custodian for all applications, resumes and other applicant generated
information.
5. Logistics for preliminary and finalist interviews including candidate scheduling.
6. Written and verbal communications with all applicants, including responding to questions
about the City, position responsibilities, compensation, recruitment process status and final
results.
7. Organizing and conducting the selection processes once finalist candidates have been
identified.
8. Content and the making of the employment offer and negotiations related to the employment
offer.
9. Criminal background investigations, if any.
10. Written notices to all candidates and applicants upon conclusion of the recruitment and
selection process.
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