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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 0 0 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 9 Date Date 0 SCOPE OF SERVICES 0 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. 0 • Attachment A Page 2 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. • • 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