06-0919_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, the City agrees to pay Consultant a lump sum fee
of $18,000.00, assuming performance of the tasks/responsibilities listed in the
attached recruitment scope of services and schedule. Additionally,
reimbursement for out-of-pocket expenses, such as direct mail contacts with
candidates, preparation of the Position Offering Statement, professional
advertising and expenses for travel as required for interviewing potential
candidates and meeting with City officials, as follows:
Reimbursable Expenses shall be paid by the City as follows:
• Outside printing, travel postage and
Long-distance telephone charges
Direct Cost
• Copies/Printing/Scans
$0.15 per page
• Report covers & bindings
$2.50 per volume
• Faxes sent and received
$0.15 per page
• Use of Personal Auto
$0.50 per mile
Invoices for fees and expenses will be submitted monthly to the City and shall be
paid within thirty days of receiving an invoice from Consultant. The final ten
percent (10%) of the fee, $1,800.00, will be invoiced after finalist candidates are
presented to and accepted by the City Manager.
Section 3. Term. The agreement is effective upon the date that it is executed by
the City and shall continue in force until all work is completed. The City may
terminate the agreement for any reason upon providing five (5) days written
notice of such termination to the The Davis Company, c/o Michael Davis at 555
University Avenue, Suite 116, Sacramento, CA 95825. In the event City
terminates consultant's services for reasons unrelated to consultant's
performance, City shall pay Consultant for any services and expenses that have
been incurred on behalf of City as of the date of termination.
Section 4. Time Frame. It is expected that the search process will be ninety
days from the date the Consultant is retained by the City to the date that finalist
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candidates are presented to the City. The time period from recruitment start -date
to reporting -date for a Director position is expected to be the typical five months,
indicated in the Consultant's proposal. The proposed recruitment schedule is
shown in Attachment B, which is a part of this agreement.
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 employer's
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.
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 Consults
Michael Davis Date
Approved as to Form:
John Sha , City Attorney
Attest:
2C
Monahan,
Signature of City Representative
Dave Adams, City Manager Date
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Date
Date
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SCOPE OF SERVICES
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Attachment A
Meet with the appointing authority to fully understand the personal and
professional attributes, skills, and abilities required of the next Planning
Director.
2. Identify near-term objectives, resources, programs and services of the
Planning department. Define all essential and critical recruitment criteria.
3. Prepare a clear and unambiguous "profile of the ideal candidate" and
description of recruitment criteria based on information from steps 1-2
above.
4. Prepare and distribute a comprehensive Position Offering Statement (i.e.
recruitment announcement). The Position Offering Statement is designed
to attract maximum attention from highly experienced and qualified
professionals, including those that are not necessarily looking to relocate.
The Position Offering Statement will describe the community, the position
and resources and challenges for the Planning Department and the new
director. It is a significant feature of the outreach process and is presented
to both referral sources and potential candidates.
5. The Position Offering Statement is distributed to referral sources and
potential candidates to more fully describe and attract interest in this
career opportunity. The Statement will be posted on The Davis Company
website and other position -relevant, high -traffic websites of interest to
public managers.
6. Seek -out, identify and present to the City candidates who are a match with
the City's expectations and needs and who are clearly interested in the
position. The "match or fit" is determined using the "ideal candidate profile"
as a baseline and is also based on professional reference checking and
preliminary interviews with the strongest candidates. After candidates
have expressed interest by submitting their credentials, references are
checked and preliminary interviews are held with the strongest and most
appropriately experienced candidates. Michael Davis will conduct the
preliminary interview which will focus on measuring the candidate's overall
skills, abilities, experience and personal attributes against the "ideal
candidate profile". Mr. Davis will be assisted in this recruitment effort by
Ms. Gladys Covington, recruitment specialist, and Ms. Maybell Garing,
who will provide administrative and technical support.
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Attachment A
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7. Reference checks shall be conducted for those individuals who most
closely match the City's ideal candidate profile.
Michael Davis will assume overall responsibility for the engagement; will
be actively involved in all recruitment phases; will personally represent the
City to potential candidates; and will conduct all final candidate
evaluations.
9. The process outlined above will result in a panel of five to ten candidates,
all of whom will match the City's preferred candidate profile and will have a
keen interest in the position. All candidates that apply for the position will
be reported to the City.
10. The Davis Company will support the City's selection process to include
professional background checks and validation of professional
qualifications.
11. The City shall handle logistics regarding candidate interviews, follow-up
interviews and the employment offer to the preferred candidate.
12. The Davis Company will review the appointee's progress with both the
City Manager and the person appointed at three and six-month intervals.
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• Attachment B
City of San Juan Capistrano — Recruitment Schedule
Planning Director
Step
Major Recruitment Steps
Completion
Recruiter meets with City officials to establish and finalize
recruitment criteria and identify essential personal
characteristics and professional skills and qualifications for the
next Planning Director.
Week I
Step 1
Planning department organizational features, funding and
staffing levels, community relationships and near term
programmatic goals and objectives are also confirmed.
Recruiter prepares a comprehensive recruitment strategy
Step 2
including: advertising media and cost — excepting professional
Week 2
journal and published advertising sources; recruitment scope;
and Position Offering Statement (for distribution to referral
sources and potential candidates). The recruitment strategy is
reviewed and confirmed with the City Manager.
Recruiter initiates focused search to identify outstanding
potential candidates. Professional advertising is submitted and
Step 3
confirmed. Personal outreach to referral sources and potential
Weeks 3-7
candidates begins and continues until filing date and successful
solicitation of highly qualified candidates who are interested in
the position.
Outreach transitions into a candidate screening process that
Steps 4
includes in depth evaluation of candidate credentials and
Weeks 8-10
preliminary interviews and reference checks for candidates who
most closely match the City's recruitment criteria.
Recruiter presents candidates and all candidate credentials to
Step 5
City Manager and recommends finalists for further
Week i l
consideration. City Manager selects finalists.
Recruiter supports the selection process with candidate
Step 6
background and reference information.
Week 13
Recruiter completes final background investigation and assists
Step 7
City Manager in hiring decision as needed to finalize the
After Interviews are
employment offer and acceptance.
Concluded
Step 8
Consultant notifies all candidates of selection decision.
Upon Appointment &
Acceptance
Proposal to City of San Juan Capistrano page 5