HomeMy WebLinkAboutAGR-7268 - RALPH ANDERSEN & ASSOCIATES - PROFESSIONAL SERVICES AGREEMENT EXECUTIVE SEARCH SERVICESA,-b 8
Ralph Andersen
Associates
Professional Services Agreement
Executive Search Services
This Agreement is made by and between the City of Orange ("the City"), and Ralph Andersen &
Associates ("the Consultant").
1. Search Engagement. The City agrees to engage the Consultant to perform those services
described below, for completion of the project described as follows: City Manager Executive
Search Services ("the Search").
2. Services. The Consultant agrees to perform certain services necessary for completion of the
Search, which services shall include, without limitation, the following:
a) Position Analysis
b) Advertising Campaign
c) Candidate Identification
d) Resume Review and Screening
e) Preliminary Interviews
fl Detailed Reference Checks
g) Recruitment Report
h) Client/Finalist Interviews
i) Final Interview Assistance
j) Follow-up Correspondence
A complete description of the services to be provided is contained in Exhibit A - Scope of
Work from the Consultant to the City which is incorporated herein by reference.
3. Relationship. The Consultant is an independent contractor and is not to be considered an
agent or employee of the City.
4. Compensation. As full compensation for the Consultant's professional services performed
hereunder, the City shall pay the Consultant the tixed amount of $28,000 (Twenty-eight
Thousand Dollars) ("fixed fee"). Expenses included in the fixed fee include such items as
consultant travel (up to two trips to the City for review of resumes and interviews),
advertising, clerical, graphics, research, printing and binding, postage and delivery, and long-
distance telephone charges. Consultant will prepare a full color (digital) brochure. All
pictures will be the responsibility of the City. A link to the digital brochure will be provided.
All kick-off and stakeholder meetings will be conducted by telephone or video (Zoom
Technologies), all work products provided to the client will be electronically transmitted
properly organized and tabbed). On top candidates, education verifications, Internet and
Lexis/Nexis searches will be conducted. Education verifications, DMV check, wants and
warrants, civil and criminal litigation search (after contingent offer is made), and credit
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Professional Services Agreement
Executive Search Services
Page 2
checks will be conducted on the top two (2) candidates. A full background (including
references) will be conducted on the top candidate.
5. Compensation for Additional Services. Should additional trips (more than two) be
requested by the City, they will be invoiced at the rate of $1,500 (One Thousand Five
Hundred Dollars) per day plus actual expenses. Should the City choose to conduct an internet
survey with summarized results, this would be conducted for an additional $3,000 (Three
Thousand Dollars) and invoiced to the City supplemental to the fixed fee above. In the event
the City requires services in addition to those described in Paragraph 2, the Consultant shall
be compensated at the Consultant's standard hourly rates for professional services plus
reimbursement of expenses described above.
6. Method of Payment. The fixed fee will be invoiced to the City in 4 (four) payments as
follows:
a) Following kick-off and finalization of recruitment brochure — $8,400 (Eight
Thousand Four Hundred Dollars)
b) After the closing date— $8,400 (Eight Thousand Four Hundred Dollars)
c) After finalist interviews—$8,400 (Eight Thousand Four Hundred Dollars)
d) Upon placement—$2,800 (Two Thousand Eight Hundred Dollars)
7. Term. The term of this agreement shall commence upon execution of this Agreement by
both parties, at which time the Consultant shall begin work on the Search and shall continue,
subject to the termination provisions of Paragraph 9, until the date that the Consultant
completes the Search. The time of completion of the Search is estimated to be 90 days
ninety days) from project initiation.
8. Guarantee. If, during the first year of employment, the new City Manager resigns or is
dismissed for cause by the City, the Consultant agrees to perform another search for a City
Manager for no professional services fee. The Consultant shall be entitled to reimbursement
of expenses described above and incurred during such search. Should the initial outreach
efforts not result in a successful placement, the Consultant will continue the outreach efforts
until the ideal candidate is found. The City will be responsible for expenses based on actual
receipts.
9. Termination. This agreement may be terminated: (a) by either party at any time for failure
of the other party to comply with the terms and conditions of this Agreement; (b) by either
party upon 10 days prior written notice to the other party; or (c) upon mutual written
agreement of both parties. In the event of termination, the Consultant shall stop work
immediately and shall be entitled to compensation for professional service fees and for
expense reimbursement to the date of termination.
lO. Insurance. The Consultant shall maintain in force during the term of the agreement,
Comprehensive General Liability Insurance with the Extended Liability Endorsement,
including Personal Injury; Commercial Umbrella Liability; Automobile Liability Insurance,
including Non-Owned and Hired Liability; and Workers' Compensation and Employers'
Liability Insurance. Such insurance shall be in amounts reasonably satisfactory to the City.
Proressional Services Agreen ent
Execartive Search Se•vices
Page 3
11. Hold Harmless. The Consultant shall be responsible for its acts of negligence, and the City
shall be responsible for its acts of negligence. The Consultant agrees to indemnify and hold _
the City harmless fi•om any and all claims, demands, actions and causes of action to tl e
extent caused by the negligent acts of the Consultant, its officers, agents and employees, Uy
reason of the perforniance of this agreement. This indemnity sliall not be constiued to require
indemnification of others.
12. Miscellaneous.
a) The entire agreement between the parties with respect to the subject matter hereunder
is contained in tl is agreement.
b) Neither this agreement nor any rigl ts or obligations l ereunder shall be assigned or
delegated by the Consultant without the prior written consent of the City.
c) This agreement shall be modified only by a written agreement duly executed by the
City and the Consultant.
d) Should any of the provisions hereunder be found to be invalid, void or voidable by a
court, the remaining provisions shall remain in fizll force and effect.
e) This agreement shall be governed by and consttued in accordance with tl e laws of the
State of California.
All notices required or permitted under this agreement shall be deemed to have been
given if and when deposited in the United States mail, properly stamped and
addressed to tl e party for whoin intended at such party's address listed below, o'
when delivered personally to sucl party. A party may change its address for notice
hereunder Uy giving written notice to the other party.
APPROVED:
RALPH ANDERS N 8c ASSOCIATES CITY OF ORANGE
By:
S i%.vZ
By.
Name Printed: Heather Renschler Name Printed: o h '-L
Title: President/CEO
Title: clt-v C-: c,;.,;g
Date: September 27,2021 Date: 2-
5800 Stanford Ranch Road, Suite 410 300 E. Chapman vemie
Rocklin, California 95765 Orange, California 92866
916} 630-4900 714) 744-2222
FAX: (916) 630-4911 FAX: (714) 744-5523
Website: www.•alpl2crnder se 7.can WeUsite: wtivlv.cztyofor•ccnge.org
APPROVE AS TO FORM
GAR . SHE
Eit.y ttorn
5800 Stanford Ranch Road
Suite 410
y'
Rocklin, California 95765
Ralph Andersen&Associates 916.630.4900
Exhibit A - Scope of Work
Summary of Our Search Process
The City of Orange should expect three deliverables from a search firm:a diverse group of highly qualified candidates
to consider, a thoughtful and inclusive search process, and sound ativice and consulting throughout the engagement.
The successful search process relies heavily on investing time to listen antl learn of our clients' environment, issues,
and needs. Especially in the current era,extensive community involvement is critical,as it not only yields better results
but also builds stronger buy-in for the City Council's selection.
We rely heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase,
to gain a complete understanding of the background, experience, and management style of the top candidates. The
executive recruitment techniques used by Ralph Andersen &Associates have been developed and used successfully
with hundreds of clients for more than 49 years.
We feel that the key elements of the search process,which can be tailored to fit the specific needs of the City of Orange,
should include:
Developing a comprehensive position profile based upon information obtained in meetings with the City
Council, key staff members,and community stakeholders.
Extensive personal outreach, via telephone and through internet technology, to qualified candidates
throughout California, the Western Region,and across the Nation.
A marketing strategy that uses selected advertising to supplement the extensive candidate identification
process, uses the Internet and social media, and also uses our already established professional contacts
throughout California, the Western Region, and across the Nation.
If desired, a community Internet survey will be conducted to allow maximum participation from the broader
Orange community.To ensure the recruitment maintains an aggressive timeline,the survey would run during
the outreach and recruiting(Task 3)and its results would be used to help inform the Council's decisions during
the selection elements.
A screening and assessment process that narrows the field of candidates to those that most closely match
the needs of the City and is based on extensive reference checks and personal interaction with the top
candidates.
Delivering a product in the form of a search report that recommends the top group of candidates and provides
the tlecision-makers with detailed information about their backgrounds and experience.
Designing an interview and selection process that includes staff and the community. Specifically,one or more
community stakeholder interview panels will be incorporated to ensure strong advice and participation from
the Orange community.
Assistance during the interview and selection process and in the negotiation of a compensation package.
w w w . r a 1 p h a n d e r s e n . c o m
Scope of Work
Page 2
Search Work Plan
This section describes the usual steps in the search for a new City Manager for the City of Orange.The City of Orange
will have Mr. Greg Nelson,Vice President of Ralph Andersen&Associates, as Project Director.
Task 1 — Review Project Management Approach
The Project Director, Mr. Nelson, will begin work on this project after the City executes the Professional Services
Agreement or, alternatively, an official notice to proceed. The first task will include established individual and/or group
meetings (conductetl via telephone of Zoom) with the City Council and others, as appropriate, to establish a project
timeline and objectives.This will include discussion of the project management for this search, review of the work plan,
confirmation of timing, and communication methods. Working collaboratively with the City Council and key City staff,
this task will result in a more definitive timetable.
As part of our overall approach to this project, the Project Director will deliver regular status reports at each stage of
the search. In addition, Mr. Nelson will be highly accessible antl responsive to client requests and inquiries.
Task 2 — Develop Position Profile
The position profile for the City Manager is the guide for the entire search process. Refer to the attached sample
submitted with this proposal. The development of the profile includes the collection of technical information and
recruitment criteria.
Technical Information
Mr. Nelson will conduct meetings (via telephone or Zoom)with the City Council, the current City Manager(if
desired), and the Human Resources Director to gain an understanding of the experience and professional
background requirements desired in the City Manager.
Recruitment Criteria
The recruitment criteria are those personal and professional characteristics and experiences desired in the
City Manager.The criteria shoultl reflect the goals and priorities of the City of Orange.
Our approach relies upon a significant investment of input from the current City Manager (if desired),
department directors, and community stakeholders in addition to the City Council. The Project Director will
consult with the Council to identify and determine the best means to engage these constituencies. Typically,
this is accomplished through a series of small group meetings.The purpose of these meetings is to seek input
on the challenges and opportunities for the next City Manager, as well as the perceived characteristics of the
ideal candidate. These meetings will also help the Project Director gain an untlerstanding of the work
environment and the issues facing the City of Orange. The results of these meetings inform the creation of
the candidate profile.
Subsequent to the development and adoption of the candidate profle, the technical information and
recruitment criteria will be documented in an information brochure prepared by Ralph Andersen&Associates.
The brochure will be reviewed by the City in draft format, revised as appropriate, and published for use
throughout the search.
Task 3 — Outreach, Recruiting, and Community Survey
This task is among the most important of the entire search. It is the focus of the activities of the Search Consultant and
includes specific outreach and recruiting activities briefly described below.
Outreach
An accelerated outreach and advertising campaign will be developed. It will include the placement of ads in
publications such as International City/County Management Association (ICMA), National League of Cities,
Scope of Work
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Western City, and other professional publications. Specific Internet sites related to government will be used
as a method of extending the specifc outreach in a short period of time.
Additionally,the advertisement and the full text of the position profile(the recruitment brochure)will be placed
on Ralph Andersen&Associates'website,which is accessed by a large number of qualified candidates. This
method of outreach to potential applicants provides a confidential source that is monitored by many key level
executives on an on-going basis.
Candidate Identification
Ralph Andersen &Associates will use their extensive contacts to focus the recruiting effort. In making these
contacts, Mr. Nelson will target those individuals who meet the criteria set by the City. Each of the candidates
itlentified through the recruiting efforts will be sent an information brochure. Candidates will also be contacted
directly to discuss the position and to solicit their interest in being considered.
Both the outreach and recruiting activities will result in applications and resumes from interested candidates.
As they are received, resumes will be acknowledged and candidates will be advised of the general timing of
the search process. The following tasks involve the actual selection process, once all resumes have been
received.
Community Survey (Optional)
The City Council may desire obtaining input from the Community on the qualities they would like to see in the
new City Manager.The Project Director will create an Internet survey to allow community members to provide
input. The timing of the survey is such that it can occur during Tasks 1 and 2 and be used to help inform the
candidate profile, or it can occur during Task 3 and be used to help inform the selection process.
Task 4 — Candidate Evaluation
This task will be conducted following the application closing date. It includes the following specific activities:
Screening
All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum
qualifications will be identified and subject to a more detailed evaluation. This evaluation will include
consideration of such factors as professional experience, and size and complexity of the candidate's current
organization as compared to the candidate profile.
Preliminary Research and Internet Review
The research staff of Ralph Andersen &Associates, under the tlirection of the Project Director, will conduct
preliminary research and internet review for those candidates identified as the most qualified as a result of
the screening process. This level of research will be done on a limited number of candidates to learn more
about each candidate's public profile and related information that is available on the internet.
Preliminary Interviews via Video Technology
The Search Consultant will conduct preliminary interviews with the top group of candidates identified through
the screening and preliminary research and Internet review processes. The interviews are extensive and
designed to gain additional information about the candidates' experience, management style, and "fit" with
the recruitment criteria. Interviews will be conducted using video technology.
The screening portion of the candidate evaluation process typically reduces a field of applicants to
approximately four (4) to six (6) individuals. Those indivitluals will be reviewed with the City Council prior to
proceeding with the individual interviews.
Task 5 — Search Report
After completing Task 4, Ralph Andersen &Associates will prepare a detailed Search Report in electronic format and
deliver it to the City of Orange. Mr. Nelson will meet in-person with the City Council in a closed session to review the
Scope of Work
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search report on the top candidates.The report divides all of the candidates into four groups including 1)the top group
of candidates that are recommended to be interviewed by the City Council; 2)a backup group to the first group; 3) no
further consideration group; and 4) lacks minimum qualifications. The search report will include candidate resumes.
The results of preliminary research and interviews will be provided in writing to the City Council.
The results of the Search Report meeting with the City Council will be a confirmed group of finalist candidates that the
City Council will interview.
Task 6 — Selection
The final selection process will vary depending upon the desires of the City Council. The rypical services provided by
Ralph Andersen &Associates in the selection process are described briefly below:
Mr. Nelson will coordinate the selection process for the finalist group of candidates. This includes hantlling
the logistical matters with candidates and with the City.
Ralph Andersen & Associates will prepare an interview booklet that includes the resumes and interview
guidelines for the interview panelists. In addition, this information will contain suggested questions and areas
for discussion based upon the recruitment criteria. Copies of the interview booklet will be provided in advance
of the candidate interviews.
While the interview process is highly customized for each client, a typical process will involve at least two
rounds of interviews, beginning with a larger group of candidates and culminating with a smaller group of
finalists. During the interviews there can be a number of interview panels, including community stakeholtlers
and key City staff. These interview panels serve in an advisory role to the City Council and this role is clearly
communicated to the interview panels so there is a clear understanding that the City Council is the hiring
authority.
Mr. Nelson will facilitate the Interviews to assist the City through the selection process. This assistance will
include an initial orientation, candidate introductions, and facilitation of discussion of candidates after all
interviews have been completed.
Additionally, verifications will be made on the top two candidates and will include education verifications,
Department of Motor Vehicle check, and cretlit check. Due to legislation, criminal checks ("Ban the Box")are
only permissible when a contingent offer of employment is made. The results of these verifications will be
discussed with the City at the appropriate time.
Reference checks will be conducted on the top candidate. The results of these reference checks will be
discussed with the City Council the appropriate time.
As neetled, Mr. Nelson is available to provide assistance to the City Council in the final selection as may be
desired. This assistance may include providing or obtaining any additional information desired to assist in
making the final selection decision.
Task 7 — Negotiation
The Project Director is available to assist the City Council in negotiating a compensation package with the selected
candidate. This includes recommendations on setting compensation levels.
Additionally, if desired by the City Council, Ralph Andersen & Associates will coordinate with the City Attorney to
prepare a draft employment agreement and work with the Mayor and City Council on the finalization of this document.
As required by the Brown Act, the employment agreement for the new City Manager will be requiretl to be approved
and voted on in a public meeting at a regularly scheduled Ciry Council meeting.
Scope of Work
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Task 8 — Close Out
After the City has reached agreement with the individual selected for the position, the firm will close out the search.
These activities will include advising all of the finalist candidates of the status of the search by telephone. We will
represent the City of Orange at the highest level, providing timely and professional communication to all candidates
that expressed interest in the position.
Schedule
We anticipate approximately a 90-day time frame for this entire recruitment process but it may be extended due to the
uncommon circumstances of the COVID-19 Pandemic. Negotiation with the top candidate will take an additional week
or two after finalist interviews.We are prepared to begin this search within two weeks after a contract with the City and
Ralph Andersen &Associates can be drawn up and executed.
A brief overview of the recruitment schedule is presented below (schedule does not include transition time by the
selected candidate to join the City of Orange).
Month 1 Month 2 Month 3
1 2 3 4 1 2 3 4 1 2 3 4
Search firm selected
Consultant evaluates organization;position
criteria established
Candidates identified and screened
Consultant interviews and conducts
preliminary research and Internet review
Consultant recommends candidates;client
selects finalists for interview
Client-candidate interviews
Preferred candidate
selected;negotiations
Selection Made