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HomeMy WebLinkAboutMAXIMUS, INC - 2004-01-050- XiM01 CITY OF HUNTINGTON BEA MEETING DATE: January 5, 2004 DEPARTMENT ID NUMBER: 04-01 Council/Agency Meeting Held: 0 Deferred/Continued to: -A.Approved ❑ Conditionally Approved ❑ Denied Z&Ar7 City k's ' nature Council Meeting Date: January5, 2004 Department ID Number: 04-01 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU%L SUBMITTED BY: RAY SILVER, City Administrator aAl PREPARED BY: RAY SILVER, City Administratorp-A-P �C" SUBJECT: Selection of an Executive Search Firm for the Recruitment of the e-A City Administrator �u Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council direct the City Administrator to enter into an agreement for the recruitment of the next City Administrator with Maximus, Inc? Funding Source: Sufficient funds ($30,000) exist in the City Administrator's budget 10030101. Recommended Action: 1. Authorize the City Administrator to enter into an agreement with Maximus, Inc. for executive search services for the recruitment of the next City Administrator. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Do not approve the agreement and provide staff with appropriate direction. Analysis: BACKGROUND On September 15, 2003, City Administrator Ray Silver announced his intention to retire from the City of Huntington Beach by July 2004. At its October 20, 2003 meeting the City Council M:1City Administrator Recruitrnent\RCA Approving Contract with Maximus.doc 12/10/2003 3:16 PM t �� • REQUEST FOR ACTION MEETING DATE: January 5, 2004 DEPARTMENT ID NUMBER: 04-01 discussed the recruitment process for replacing Mr. Silver and approved the following process: 1. Request for Proposals (RFP) released on November 3, 2004; 2. RFP responses were due the city by November 26, 2003; 3. The responding firms were interview on December 8, 2003; 4. City Council approval of the executive search firm on January 5, 2004; EXECUTIVE SEARCH FIRM SELECTION The city received responses to its RFP from the following firms: 1. Maximus, Inc. 2. Ralph Anderson & Associates 3. Shannon Executive Search 4. RJA Management Services, Inc. 5. L.B. Hayhurst & Associates 6. Bob Muarry & Associates At the December 8, 2003 special City Council meeting, the City Council interviewed the responding firms and selected Maximus, Inc. Founded in 1975, Maximus is one of the nation's leading providers of management and consulting services to state and local governments. The company has provided services in nearly every state in the United States. Maximus employs over 5,300 people in more than 245 offices. Maximus has extensive experience recruiting chief executives for local governments and recently assisted the city with the recruitment its Police Chief and Human Resources Manager, The City Administrator will serve as the project manager on this recruitment. Attachment(s): H:1City Administrator Recruitment\RCA Approving Contract with Maximus.doc 12/10/2003 3:16 PM a • j Attachment 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MAXTMTTS , Tnr _ FOR Executive Recruitment Services Table of Contents Scope of Services CiteStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation ........................................... .........................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MAXIMUS, Tnr _ FOR Executive Recruitment Services THIS AGREEMENT ("Agreement") is made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY. and MAXIMUS, Inc. hereinafter referred to as "CONSULTANT." a Virginia Corporation WHEREAS. CITY desires to engage the services of a consultant to recruit a City Administrator and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services. NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: l . SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Eric Middleton who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agreelforms1pro1serv101151101-A I 0 0 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on Zrp9 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses. not to exceed � tl�- QuSG,nc� Dollars (SOM00 ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree!formsiFrof sere• 1011 5i01-A 2 • compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, Without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. S. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses. expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agrees f orms: profsm 10! 15:-`01-A approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance police covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars (S 1.000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree.'rorms rro'serv10 15;01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSliLTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11, INDEPENDENT CONTRACTOR CONSULTANT is, and shall be. acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agreefform iprofserv10115/01-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMfNATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agreelfonnslprofservl0115 01-A 6 1 5. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:.R? :r- 1 zr 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/formslprotserv10/15/01-A 7 • 0 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid. such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agreell o rmsi profsera• 10! 1 5:o [ -A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agreelforms'protserv10,1] 01-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement. and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree'forms:profsery 1 C:' 15;01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, r-AxMrnu C By: e- 1-f?_D 0 print name ITS: (circle one) Chairman/Presiden 'ice President AND 4 By: n iL i,�l K . %J�.�Q �✓ C 15 print name ITS:-/ iecretan'i'.irc"e on hief Financial Officer/Asst. S&r6ar.y — "treasurer agree/forms:`profsere 10115i0I-A CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Direct f of (Pursuan To !JBAfC 13. 03.100) APPROVED AS TO FORA: 1 /L'IC-03 City Attorney REVIEWED AND APPROVED: ity Administrator (only -for contracts S50, 000. 00 and ores) Exhibit A THE RECRUITMENT PROCESS Our objective is always to find the best qualified candidates. We believe that, although notices in professional journals may be helpful, many of the best candidates must be sought out and their interest encouraged. Our familiarity with Huntington Beach, knowledge of the field and our relationships with professional organizations make us well qualified to assist you. Our clients have found that we are able to: ➢ Build consensus among those involved in the hiring process. ➢ Develop the appropriate specifications for a position. ➢ Encourage the interest of top-level people who would otherwise be reluctant to respond to an advertisement. ➢ Preserve the confidentiality of inquiries, consistent with State public disclosure and open meeting laws; ➢ Save a considerable amount of time for client staff in developing and responding to candidates. ➢ Independently and objectively assess the qualifications and suitability of candidates for the particular position for which we are recruiting. If our proposal is accepted, we will do the following: ODMalag on and fosicron Analysis We will interview the Mayor, Members of the City Council, and other appropriate individuals (e.g., members of several key community organizations identified by the City Council) to determine views of the position and expectations regarding desirable training, experience and personal characteristics of candidates. This will supplement the information previously gathered for the Police Chief search. Lastly, we will gather/review relevant updated information about the City, such as budgets, organization charts, etc. Once our findings have been summarized, we will submit a Recruitment Profile with the desired qualifications and characteristics for your approval. The Recruitment Profile that will be sent to potential candidates will include information about the City, the job and the criteria established by you. 9 1 1 Recruitment Once you have approved the Recruitment Profile, we will actively seek out individuals with superior qualifications and invite and encourage their interest. Announcements can be placed on-line and in professional journals, including with the International City/County Management Association and the League of California Cities. However, we will rely heavily on our own experience, contacts and file data. As a matter of corporate policy, we will not discriminate against any applicant for employment on the basis of race, religion, creed, age, color, marital status, sex, sexual preference, disabilities, medical condition, veteran status or national origin. A substantial percentage of the placements made by our firm have been minority or female candidates. Prelimrnary Srreenirtg We will review, acknowledge and evaluate all resumes received. Preliminary screening will be based upon criteria contained in the Recruitment Profile, information contained in the resumes submitted to us, and our knowledge of the people and organizations in which they work. Telephone screening will be conducted with the most promising candidates to gain a better understanding, of their backgrounds. Upon completion of our preliminary screening, we will assemble and submit a progress report of the leading candidates to you. This report will include summary resumes, supplemental information, and the original resumes of those candidates we believe to be best qualified for the position. Supplemental information on a candidate typically includes: the size of the organization for which the person works, reporting relationships, budget responsibility, the number of people supervised, related experience and reasons for interest in the position. Any other specific information will be dictated by the criteria set forth in the Recruitment Profile. The purpose of our progress report is two -fold. It allows you an opportunity to review the candidates prior to the conclusion of the search and allows us to receive feedback on the caliber of the candidates recruited. In this way, you will not be surprised by the candidates, as you will have seen their qualifications prior to the final interviews. Of course, we are flexible and may consider other individuals as final candidates who are subsequently identified and were not included in the progress report. Fj Candidate Evaluation We will interview (either in person or via video -conference) those candidates whose qualifications most closely match the criteria established by you. We will examine their qualifications and achievements in view of the selection criteria. Additionally, we will verify degrees and certifications and gather newspaper articles via the Internet. As part of our process in evaluating candidates, we make telephone reference checks. In conducting these references, it is our practice to speak directly with individuals who are, or have been, in a position to evaluate the candidate's performance on the job. These references and our evaluations provide you with a frank, objective appraisal of the candidates. We will conduct preliminary references on candidates to be interviewed, and will finalize these for the top one or two candidates. Final Reporiin�-ent 1ntervie" We will assist you in scheduling final candidates for interview with your organization, and will send the candidates packets of information which we obtain from you (e.g., information about the organization and the geographic area, budgets, etc.). , We will prepare a brief written report for those candidates most nearly meeting your specifications, and will provide you with interviewing/selection tips, suggested interview questions, and rating forms for your use. Candidates will not be ranked, for we believe it will then be a matter of chemistry between you and the candidates. We will conduct a "briefing session" immediately preceding your interviews to make sure that the process flows smoothly, and will assist you in a "debriefing" immediately following the interviews. Once we finalize references on the top one or two candidates, and conduct credit/criminal/civil litigation/motor vehicle record checks through an outside service, we will provide you with a detailed, supplemental written report. SbecWAssistance Our efforts do not conclude with presentation of the final report. We are committed to you until a successful placement is made. Services that are routinely provided include: ➢ Arranging the scheduIe of interviews and the associated logistics for final candidates; ➢ Advising on starting salary, fringe benefits, relocation trends and employment packages; 6 ➢ Acting as a liaison between client and candidate in discussing offers and counter offers; ➢ Conducting a final round of reference checking with current employers (if not previously done for reasons of confidentiality); and ➢ Notifying unsuccessful candidates, who were not recommended for interview, of the decision. i E h ^ 7 9 OUR CLIENT'S ROLE The client has a very important role in the recruitment process. While we may identify and recommend qualified candidates, it is the client who must make the decision about which candidate to hire. V In order to insure that the best candidates are available from which to choose, our clients should be willing to do the following: ➢ Clearly inform us about matters relevant to the search that you wish to keep confidential (e.g., salary, personnel issues, and other privileged information) ; Supply us with the names of people you have previously interviewed/ considered for this position; ➢ Forward to us copies of the resumes you receive, to avoid duplication of effort; ➢ Provide feedback to MAXIMUS regarding the information and recommendations provided by us; ➢ Promptly decide upon and follow up in scheduling interviews with the most promising candidates; and ➢ Assist in providing information to candidates that will enable them to make their career decisions. By doing the above, we will maximize the likelihood of mutual success. Finally, please be reminded that the United States Immigration Reform and Control Act of 1986 requires that all employers verify an employee's eligibility to work in the United States. Since MAXIMUS cannot serve as your agent in this matter, your hiring process should include this verification procedure. 8 n • TIME FNIE The following is a typical schedule to conduct a thorough recruitment. However, we would be pleased to modify this to meet your needs: 1" week Meet with the :Mayor, Members of the City Council, and other appropriate individuals to gather background information. 2"d to 4`h week Develop and obtain approval for the Recruitment Profile. Develop a list of potential candidates to target. Prepare and place advertisements, if desired. 5`h to 8" week Active recruitment —solicit, receive and acknowledge resumes. 9`h week Evaluate resumes and gather supplemental information. 10"' week Submit progress report and meet with you to review leading candidates. 11" to 12" week Verify degrees and certifications, conduct preliminary references and interview the best qualified candidates. 13" week Submit final report and initiate the interview process with you. Following Interviews Finalize references, conduct credit/criminal/civil litigation/motor vehicle record checks, and assist with negotiations. 9 • • Exhibit B PROFESSIONAL FEES AND EXPENSES Our budget provides for up to three meetings with the client: one to develop the Recruitment Profile, one to present our Progress Report, and one to attend interviews of final candidates. We propose a fixed fee of $20,000 for the work outlined above. In addition, we are reimbursed for expenses such as for advertising, travel, interviewing, sourcing, support services, background checks and other related items, as well as allocated costs such as telephone, postage and photocopying, These expenses will not exceed $6,500 for a statewide search or $8,500 for a nationwide search without written authorization from you. Please note that this amount for expenses does not include reimbursement of candidates who travel to be interviewed by you. Unless you notify us to the contrary, we will assume that you will handle these reimbursements directly. We will submit three equal monthly invoices for fees, plus an amount for expenses, due and payable upon receipt. Our first billing is due upon your authorization to proceed. Though we are committed to working with you until a placement is made, our fees and expenses are not contingent upon our success in placing a candidate with your organization. However, if the selected candidate (if recommended by us for hire, and other than an internal candidate) should be terminated within one year from the date of hire, we will redo the search for no additional professional fee. Naturally, we would expect to be reimbursed for any expenses that might be incurred. Additionally, in the event that more than one executive is hired in connection with work performed by us (i.e., for another position within your organization), a negotiated fee will be due for each additional executive hired. You may discontinue this assignment at any time by written notification. In the unlikely event that this occurs, you will be billed for all expenses incurred to the date of the cancellation, and for professional fees based upon the time elapsed from the commencement of the assignment to the date of cancellation. If a cancellation occurs within the first 30 days of the assignment, following either verbal or written authorization to proceed, one-third of the professional fee will be due. If a cancellation occurs thereafter, the fee beyond the fast one-third will be prorated based upon the number of calendar days which have elapsed. If a cancellation occurs after 90 days, all professional fees will be due in full. 10 s i� INSURANCE AND INDEMNIFICATION WAIVER H.; MODIFICATION REQUEST 1. Requested by: Pete Grant 2. Date: December 1 Q. 2003 3. Name of contractor/permittee: Maximus. Inc 4. Description of work to be performed: City Administrator recruitment 5. Value and length of contract: NTE $28,500 6. Waiver/modification request: Self -insured retention deductible of $100,000 7. Reason for request and why it should be granted: Agreement gmsents little or no risk to the city, have used consultant in the past (Police Chief recruitment and FIR manager) and approved waiver without issue. B. Identify the risks to the City in approving this waiver/modification: Could limit the citv's ability to collect on professional liabilily insurance. Department Head Signature 12/10/03 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management Approved El Denied °� Signature Date 2. City Attorney's Office Approved ❑ Deni Signature Da te 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attomey's Office along with the contract for approval. Once the contract has been approved, this fort is to be filed with the Risk Management Division of Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: City Administrator's Office SUBJECT: Executive Search Firm - City Administrator Recruitment COUNCIL MEETING DATE: I January 5, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) NotApplicable licable Resolution (w/exhibits & legislative draft if applicable)_ Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorne Attached Subleases, Third Party Agreements, etc. (Approved as to form by Pity Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORYV4jRDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ACoP City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: • ' ` THE COMMUNITY The City of Huntington Beach is located along the Southern California coast in,Orange County, 35 miles south of Los Angeles and 90 miles north of San Diego. With a population exceeding 197,000 residents, and projected to grow to 204,000 by 2005, it is known as "Surf City" due to its abundance of beaches; sunny, warm Mediterranean climate; and casual lifestyle. Huntington Beach covers 28 square miles of land, 26 square miles of water, and is the 18th largest city in California. With 8.5 miles of uninterrupted beach along the Pacific Ocean, the City also plays host to an annual visitor population of over I I million people, especially during the summer, special events and weekends. Listed among the nation's safest cities for decades, Huntington Beach has often been ranked among the Top Ten Safest Cities by "City Crime Rankings." Huntington Beach has also been named the "Best City to Live In" in Orange County by the readers of the Orange County Register, for the fifth year in a row. The crown jewel of the recreational system is its nearly nine miles of spacious, sandy beaches. Huntington Beach has one of the largest pleasure piers in the world, and is the longest concrete pier in the State. The City's park system includes 58 public parks (with a dog park), riding stables and the largest city -owned and operated regional park in . Orange County — Huntington Central Park. Also within the City's boundaries are three miles of equestrian trails, two golf courses, 72 tennis courts, a marina and a protected wildlife preserve. And, running parallel to Pacific Coast Highway and just steps from the ocean, is an eight -mile strand perfect for biking, inline skating, jogging or a leisurely stroll. The City is centrally located to all major attractions in Orange County including Disney Resorts, the Orange County Performing Arts Center and Repertory Theater, and the Long Beach Aquarium of the Pacific. The City is home to the International Surfing Museum, the Surfing Walk of Fame, Bolsa Chica Ecological Reserve, Huntington Harbour and the Huntington Beach Art Center. Huntington Beach draws some of the largest crowds in the world to such professional sporting events as the U.S. Open of Surfing, Van's World Championship"of Skateboarding and AVP Pro Beach Volleyball. There are 35 elementary schools and five high schools in Huntington Beach. In addition, Golden West College; Orange Coast College; the University of California, Irvine; and California State Universities at Long Beach and Fullerton are located in close proximity. There are over 97,000 households within a five -mile radius of downtown Huntington Beach. The average family household income is $87,650, ranking third highest in the nation based on the top 100 largest cities in the country. The median age of Huntington Beach residents is 37. The average price for a home in Huntington Beach is $460,000. RECEIVED R%1%4 AND #MBE ¢�pA�r A . CaulrciL �AN3&P /DAL *WAY, an cum Page 1 of 7 THE CITY GOVERNMENT Founded in the late 1880s, Huntington Beach was incorporated as a Charter City in 1909. Huntington Beach has a City Council/City Administrator form of government. The City Council has seven members, each of whom are elected to four-year terms. City Council members are limited to two consecutive terms. There are three elected department heads — the City Attorney, City Clerk and c::iry "Treasurer. The position of Mayor is filled on a rotating basis. The City of Huntington Beach is organized into 14 major departments including Police, Fire, City Administrator's Office, Administrative Services, Building and Safety, Planning, Library Services, City Treasurer, City Clerk, City Attorney, Public Works, Community Services and Economic Development, and Information Services. The City has approximately 1,050 employees and a total budget of $350 million. Strategic Goals In July 2001 the City Council outlined its priorities around eight strategic goals: ■ Public Safety — Maintain a healthy and safe community. ■ Fiscal Integrity — Establish a sound financial foundation based on expenditure controls that ensure the economic provision of services and reliable revenues sufficient to pay for City services. ■ Infrastructure and Transportation — Assure the long-term adequacy of the City's infrastructure, facilities and transportation network. ■ Economic Development — Achieve development that maintains and improves the City's fiscal viability and reflects the community's economic demands while maintaining and improving the quality of life for current and future residents. ■ Organizational Development and Technology — Maintain and continually improve organizational effectiveness. ■ Community Livability and Sustainability — Build and maintain livability, a sense of place, and exceptional quality of life within a sustainable urban environment. ■ Enrichment, Communication and Civic Involvement — Ensure that Huntington Beach's local government is open, accessible, responsive, nurturing and respectful to all the citizens it serves. ■ Environment and Natural Resources — Enhance the community's environmental quality�and maintain its unique natural resources. Page 2 of 7 i CJ 'y THE POSITION The City Administrator is appointed by the City Council and is responsible for the City's day-to-day operations. The City Administrator implements City Council policy and ensures that City services are delivered in an efficient and effective manner. The City Administrator is also responsible for the oversight of the 14 City departments. The primary responsibilities of the City Administrator include, but are not limited to: Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers. However, no department head shall be appointed or removed until the City Administrator has first reviewed such appointment or removal with the City Council and has received approval for such appointment or removal by a majority vote of the full City Council. ■ Prepare the budget annually, submit it to the City Council, and be responsible for its administration upon adoption. ■ Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. ■ Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. ■ Maintain a centralized purchasing system for all City offices, departments and agencies. ■ Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any officei department or agency of the City government. ■ Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of the Charter and the ordinances, franchises and rights of the City. ■ Subject to policy established by the City Council, exercise control of all administrative offices and departments -of the City and of all -appointive officers and employees except those directly appointed by the City Council, and prescribe such general rules and regulations as he/she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his/her jurisdiction. Perform such other duties consistent with the Charter as may be required by the City Council. Page 3 of 7 The position is open due to the upcoming retirement of the incumbent. ISSUES/CHALLENGES (not in priority order) ■ Maintain public safety. ■ Preserve the environmental character of the City and the sense of community. ■ Promote an open and innovative workforce/organization culture. ■ Promote effective community communication. ■ Be prepared to address the results of a March 2004 ballot initiative that would change the number of City Council Members from seven to five and change the current City Council elections from at -large to districts. ■ Maintain optimal service levels in view of the State and City fiscal constraints. ■ Address the City's structural deficit/budget issues. ■ Strengthen the tax and revenue base (e.g., tourism, promoting the City as a tourist destination, economic development and redevelopment). ■ Refund property taxes due to the State Appeals Court decision. ■ Increase the openness of the City's budget process. ■ Address on -going labor relations issues. ■ Develop an employer -employee partnership. ■ Attract and retain employees. ■ Review the City's organizational structure and staffing levels. ■ Oversee entitlement processing for the proposed construction of a privately funded desalination plant. ■ Update the City's strategic plan. P Page 4 of 7 1 THE CANDIDATE Education and Experience Requires a bachelor's degree from a four-year college or university with a major in public administration or a related field; and significant experience managing a medium to large city, county or comparable organization. A graduate degree is desirable, although emphasis will be placed on experience and ability. Experience working with elected department heads is preferred. The selected candidate should have strong experience in budgeting, finance, business analysis, negotiating, team building, economic development and strategic planning, as well as short- and long-range planning. He/She will be expected to take an active and visible role in the community, and be open to public participation and respectful of grass roots organizations. Job stability is important, as a tenure of at least five years is expected. Candidates from all geographic areas will be considered; experience with a coastal or tourist community is preferred. Some private sector experience would be a plus. Knowledge and Abilities The selected candidate should have strong verbal, written and people skills, as well as knowledge of: Labor and employee relations; ■ Community outreach and media relations; ■ Organizational planning; and ■ ' Intergovernmental relations. He/She should also have the ability to: Coordinate the activities of administrative officials while encouraging their development and administrative ability; Win and retain the confidence of officials, subordinates, department heads and the community; and ■ Keep a balance in dealing with diverse interests of the community. Page 5 of 7 Mana-eernent Style and Personal Traits The ideal candidate will be a confident, innovative and visionary leader with an open and inclusive management style, who is proactive, not reactive. He/She should be a good listener, a motivator, approachable, flexible, a team builder, able to bring people together and build consensus. In addition, this person should be supportive of staff, and able to delegate and monitor performance without micromanaging. He/She should be customer service oriented, able to provide a vision for the City, see the "big picture," and willing to take reasonable risks. In addition, this person needs to be politically savvy and able to build consensus among the members of the City Council. The City Administrator should be proactive in bringing issues to the Council and treat all Council Members evenhandedly. He/She should keep the Council informed in a timely and accurate manner, and provide his/her best professional recommendations in helping the Council shape the vision of the City, and have the courage to state the issues with the facts. However, when the Council makes a decision, he/she should be respectful of the role of the Council and implement their policy even if it is different from his/her recommendation. - It is also important that the selected candidate be energetic, have a positive "can do" attitude, straightforward, honest, trustworthy, able to handle constructive criticism, and have a sense of humor. COMPENSATION The salary for this position is open, with hiring dependent upon the qualifications and experience of the selected candidate. In addition, benefits are provided which typically include: health, life and disability insurance; administrative leave; general leave in lieu of sick and vacation leave; bereavement and parental leave; ten paid holidays; education reimbursement; City -paid physical examinations; 457, 401(a) and 529 deferred compensation plans; Section 125 medical and dependant care reimbursement plan; and retirement in the California Public Employees' Retirement System (CALPERS), with a 2% at 55 formula. Page 6 of 7 HOW TO APPLY Send resumes or nominations by March 12, 2004 to: Norman C. Roberts or Eric J. Middleton MAXIMUS 10474 Santa Monica Blvd., Suite 208 Los Angeles, CA 90025 Telephone: (310) 475-8001 Facsimile: (310) 475-8007 E-mail: searchla(@maximus.com An Equal Opportunity/ADA Employer 1/29/04 Page 7 of 7 0 DRAFT City of Huntington Beach, CA City Administrator MAXIMUS HELPING GOVERNMENT SERVE THE PEOPLE s CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Connie Brockway, City Clerk Office of the City Clerk TO: Honorable Mayor and City Council FROM: Connie Brockway, City Clerk DATE: January 12, 2004 SUBJECT: LATE COMMUNICATION TO THE CITY COUNCIL FOR THE JANUARY 12, 2004 COUNCIL MEETING Attached is a Late Communication to the City Council received after distribution of the Agenda Packets: Communication submitted by Mayor Cathy Green dated January 12, 2004 and titled Community Participation in the Recruitment of the Next City Administrator. �r�',,,�s-�--,.�-.-•- Ga�ivri �a c ,� � � � v(i vn G r� �,-�-C� /�D . 3 �3a? r�✓�s��( Qs drip stJ�, 363-? r�Ca,d��( �rl Rdrle.., d O{ �l-CrY►n %nR�� 4ry �'�ir-�'.� I�.G vI �;, / �i q � �J G:Agendas/Agmf sclLatecomm"2003" • 0+CITCITY OF HUNTINGTON BEAOHra7aIli, CA Him ice. Y COUNCIL COMMUNICATION 20h JAN 12 A 8: 3 To: Honorable Mayor Pro-Tem and Members of the City Council From: Cathy Green, Mayor6?L Date: January 12, 2004 Subject: Community Participation in the Recruitment of the Next City Administrator At our October 20, 2003 and December 8, 2003 meetings, the City Council discussed and generally agreed that we would like to have members of the community participate in the recruitment of the next City Administrator. On Friday, Council Member Boardman, the City Administrator, and I brainstormed how a process to involve members of the community using an approach similar to our successful Police Chief recruitment could be set up. We then compiled a list of potential participants drawn from Huntington Beach's business, education, environmental, volunteer, tourism, and activist communities in an effort to facilitate the City Council's discussion. The list is attached to this memorandum and I would welcome any additions to the list you may 'suggest the City Council consider. Recommendation: That the City Council select five to seven community members to participate in a workshop with Maximus regarding recruitment and selection of the next City Administrator. •r r 0 0 Community Participation in the Recruitment of the City Administrator Workshop Education: Environmental: Volunteer Service Organizations: Tourism: Activists: Gary Rutherford Ken Yglesias Gary Brown Paul Horgan Tom Livengood Fran Andrade Shirley Dettloff Al Guidotti Grace Winchell Steve Bone Steve Daniel John Gilbert Cormac O'Modhrain Ed DeMulle Ed Kerins George Mason Juana Mueller a 0 • Potential Participants in the Recruitment of the City Administrator Workshop Business Charlie Bunten Joyce Riddell Education: Gary Rutherford Ken Yglesias Environmental: Gary Brown Paul Horgan Tom Livengood Volunteer/ Service Organizations: Fran Andrade Shirley Dettloff Al Guidotti Grace Winchell Tourism: Steve Bone Steve Daniel John Gilbert Cormac O'Modhrain Activists: Ed DeMulle Ed Kerins George Mason Juana Mueller Monday, January 12, 2004 0->-csnEn�o %yI� AND MAMA PARf Gv caur TH GArr�o�SAYTy�e��� n81a ;ior96 i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY _ CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: in4=41mu S ATTENTION: — — Name / 46J7)f-/?jJiC .STC AD�47 ,�-�L11�} . _,Ip8' DEPARTMENT: Strc t M.5 6 C—z�S, l D d,� REG.A DING: &/--&tS/ONE .Sd� City, State, Zip See Attached Action Agenda Item Date of Approval / — -'5- - O Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda, Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Insurance ✓ Agreement Bonds RCA Deed Other CC: - u/crl. ✓ ✓ Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agra .yen t Insurance Other Name Department RCA Insurance Telephone: 714-536-52271