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Home My WebLink About2003-031 Avery & Associates r q ITEM NUMBER: A-16 DATE: 08/12/2003 ie e 9s _ C11DFgpi' .f Uv Atascadero City Council Staff Report- City Manager's Office Contract for Personnel Services with Avery Associates RECOMMENDATION: Council approve Avery Associates as a qualified firm to provide professional personnel services and authorize the City Manager to enter into contract(s) for said services. DISCUSSION: Avery Associates provides labor relations and personnel services for the City augmenting City staff. William Avery is the City's Chief Negotiator with the employee associations. The firm provides legal and technical assistance for day-to-day personnel related work, personnel training and recruitment assistance. The labor relations and personnel support services are provided through a retainer agreement at a cost of $2,500 monthly. Training and recruitment assistance are provided through separate agreements as specific occasions arise. Consistent with the City's purchasing regulations, the City Council must authorize professional services that would exceed $25,000 annually; therefore, it is necessary to get approval of this firm. The funds are budgeted in the current budget for these services. The services have benefited the City's personnel function and have been high quality and timely. FISCAL IMPACT: $30,000 for base contract. (in FY 2003-05 budget). ATTACHMENT: Information about Avery Associates +About Avery Associates Page 1 of 1 about staff search labor - . . "We bringan extraordinary diversity of experience ars professionalism to both the Executive Search and the Labor Relations parts of the business ." Bill Avery , EKY Avery Associates builds relationships. associates When seeking the perfect executive to become a member of your team --or when designing a negotiations strategy that helps build, not damage workplace relationshi --Avery professionals begin by learning about your organization. They get to know your people, your vision and goals, your culture, and your specific needs. Since 1981, Avery Associates has focused on understanding and meeting client ° needs. In fact, Bill Avg has built his own team the way he successfully helps build client teams. He identifies and defines the need, then works diligently to find the perfect piece to complete the organizational puzzle. He has created a team of professionals uniquely qualified to meet the specific and unique needs of both private and public sector clients. Each member of the Avery leadership team has extensive experience in both sectors, and they work together closely to design a customized winning strategy for each client. Avery professionals have been there--as a City Manager, a Deputy City Manager, Police Chief, an Assistant County Counsel, high-tech Human Resources, Marketing and Sales executives, and in several other corporate leadership positions. Knowing the territory--and building strong relationships statewide --gives them an advantag that works for every client. They understand your work environment--and they have the tools to help you mak( your work environment better. Website maintained by WebMaiden: Kim Duran http://www.averyassoc.net/about.htm 7/30/2003 Labor Relations at Avery Associates Page 1 of 2 IF- about staff se-arch labor relations clients jobs COF& Trust Builders in Labor Relations "Building trust is the key to successful negotiations. The proces AVEshould strengthen your team, not weaken it."Bill Avery a s!>o c t a t c s Traditionally, the Labor Relations activity has been a confrontational exercise desigr to discourage cooperation, understanding, and the speedy settling of differences. Avery Associates takes a different approach. For more than 20 years, Avery has applied a cooperation-based, problem-solving approach to labor relations issues. Says Bill Avery, "We have had tremendous success guiding negotiating teams to work together to determine fair resolution of& issues--and to demonstrate respect and dignity for each other throughout the process." While strongly representing clients' interests, Avery Associates uses the negotiation process as an opportunity to strengthen workplace relationships by bringing negotiation teams together to define and resolve differences fairly. Successful use of its positive techniques has resulted in the firm's developing effect and long-standing working relationships with employee organizations throughout California. Avery Associates has represented clients for the full-range of labor relations and personnel issues: ► Negotiations (as Chief Negotiator) ► Representation in grievance and disciplinary matters ► Impasse proceedings, including arbitration ■ ► Representation before the Public Employee Relations Board New legislation will encourage even greater confrontational negotiations between public agency labor unions and management. Because your people must work well * together every day, you cannot afford to have relationships undermined by a negotiations process focused on self-interest and obsolete confrontational techniqu( * We think you'll like our approach --and our results. "Confrontational labor relations tactics are obsolete. Our succes s has come from applying positive gays to negotiate that build dignity and respect"Bill Avery http://www.averyassoc.net/labor.htm 7/30/2003 ' Choosing A Search Firm - Avery Associates Page 1 of 3 IV- about - lob-or - Leaders In leadership Search "Success means more than simply understanding the job to be ;��,�� filled. Your search fir must have a fundamental understanding Your needs, Your work environment, and the unique challenges associates that will face the successful candidate."Paul Kimura A reflection of Avery Associates' success in Executive Search is the loyalty of client: who have returned to Avery each time they have a need to fill a key executive positi( Invariably, they point to Avery's experience and personal approach to under-standin the client's need as the key to success. "We always find several candidates who cal R do the job," says Avery executive Paul Kimura. "The key is digging deeper to make certain that the final candidates that we present to the client will fit the style of the organization and can move quickly and efficiently to become a contributing team member." That fit can come only if the search firm spends time up-front to understand the cliei organization, its goals and direction, its needs, its culture and personality, its problems, and its concerns for the future. "We believe a critical advantage that we offer is that our leadership team has a han( on role with every search," adds Paul. "Many firms put their executives in charge of sales and marketing, but--once they have a new account--they pass the critical activities of the search to less experienced staff members." Not Avery. The Avery executive team member with whom you work will direct your * search, heading a team of Avery consultants and senior consultants specialized in search management operations. But your Avery executive will be "hands-on" throughout the search_ mcess, including interviewing potential finalists face-to-face. Another Avery advantage is its candidate pool. Over the years, the firm's leadership team has helped numerous executives and potential executives find positions of increasing responsibility in both the private and public sector. During these processe Avery executives have become familiar with many prospective candidates--as well candidates who call on Avery independently seeking a more challenging position. "A key difference between Avery and other firms, however, is that we continually se( out and find new candidates -- individuals who are not readily known by search firm: but who are prepared to assume top leadership positions," adds Gary Brown. "Some firms continually parade their stable of candidates for every open position. If already know an excellent candidate, we will include that individual in the process; however, the real enjoyment is finding the new candidate who's just waiting to be discovered." In addition, Avery knows how to target-market a position and present it in the most positive fashion. Targeted advertising and networking always bring forward strong candidates, some of whom may be best suited for other Avery openings. http://www.averyassoc.net/search.htm 7/30/2003 Choosing A Search Firm - Avery Associates Page 2 of 3 The Avery Search Process hat should clients took for in a search fir Some think 'bid is better;'others want to know how many searches you've done the area. Truth is, neither criteria denotes quality, knowledge, or effectiveness." Mike Dougherty UNDERSTANDING THE CHALLENGE Avery's search process begins with developing a thorough understanding of your organization and the open position. Agency professionals learn the functions and workplace environment, including its people, responsibilities, issues, and customers...and exactly how the position fits within the organization. This understanding leads to development of a job description and defines the assignmen which is to find the best possible match for the job and for your organization. This thorough process has proved to be an exceptionally successful one, and it's a key factor in Avery's being the leader in leadership search. SEARCH STRATEGY Avery Associates has built its reputation for success on a sound strategy for identifying, developing, and presenting a slate of strong candidates for client review. Not only does Avery have a strong candidate pool developed over years of serving both public and private sector organizations, it also is skilled at identifying and developing new candidates through its extensive network of organizational and institutional contacts. Beyond that, Avery understands the process for finding new candidates and the processes needed to determine their potential and their interest level in the posi-tion. This is done with careful placement of targeted recruitment ad: and the distri-bution of customized marketing literature. Avery's marketing approach both dir-ected and appealing, presenting the client's opportunity in a most positive fashion. CANDIDATE EVALUATION AND ASSESSMENT Each candidate must pass through two levels of interviews before he or she will be considered a potential finalist. The first telephone interview clarifies resume state- ments, gauges management style, and identifies level of interest in the position. Yoi Avery executive then conducts a series of face-to-face personal interviews with potential finalists. During these confidential interviews, each candidate is evaluated experience, skills, management/interpersonal style, personality, and organizational ' based upon an interview format developed specifically over the years to bring out direct and revealing answers from candidates. CANDIDATE INTRODUCTION AND INTERVIEWS To assist the client, the Avery search team prepares an extensive briefing report the presents the recommended finalists. Information includes: summary sheets of each candidate's qualifications, candidate resumes and accomplishments, Avery's assessment of interviews conducted with candidates' references, and a comprehensive written assessment made by the Avery search team of the degree b which each finalist is a "match" for the position. Avery coordinates and schedules client interviews, provides any additional information that may be needed, and assis clients with interview preparation, if requested. The Avery search team will be prese at the interviews to assist the client and observe each finalist during the process. In this way, your Avery team serves as a "bridge" between you and each finalist. It alsc enables the Avery team to evaluate its own performance and to provide meaningful feedback to runner-up candidates. Avery professionals maintain contact throughout the process, assess any issues that may affect closure or hiring, and notify candidal who are not selected. NEGOTIATION AND CLOSURE Once a final selection has been made, Avery will serve as an intermediary to bring ..L.....&...-...............a ___J L....:I:a..a.. _1-. :f .........a. .J TL:.. ......... ........1.... .. ........a.. ..[ http://www.averyassoc.net/search.htm 7/30/2003 Choosing A Search Firm - Avery Associates Page 3 of 3 auuuL dyICCnlCill d1u IdUIILdlC UlUbuIC, IIICgUt:CbMU. I IIIb IIIay IIIvuftlC a VdIlCLy UI negotiations ranging from salary and benefits to relocation to job title and job re- sponsibilities. Once the match is made, our exposure suggests that Avery--as a thi party-- is able to represent the client to the top finalist and vice versa without buildin any unnecessary tension between the two. This valuable service is included as part the standard fee for services. Following client interviews, the Avery team will conduc any additional or final references, or, if requested, facilitate background checks through a specialist agency for an additional fee. FOLLOW-UP AND GUARANTEE Because the success of the placement is of paramount importance, your Avery seal team will follow up the hiring to evaluate the process and its results. In addition, Ave offers a six-month guarantee on its search results. http://www.averyassoc.net/search.htm 7/30/2003 y 0 CITY OF ATASCADERO iris q i 19,19ADMINISTRATIVE SERVICES March 12, 2004 William Avery Avery & Associates 3'/2 North Santa Cruz Ave., Suite A Los Gatos, CA 95030 Dear Mr. Avery: Thank you for your services during the past year. At this time, the City of Atascadero no longer has need of the services of a labor relations consultant. Therefore, please accept this correspondence as notification to terminate our April 1, 2003 agreement, effective April 1, 2004.,_,- If 004.-_If you have any questions, you can reach me at (805) 461-5000. Respectfully, Rachelle Rickard Director of Administrative Services RR:jk 6500 PALMA AVENUE • ATASCADERO, CALIFORNIA 93422 Administrative Services(805)461-5014 Accounts Payable(805)461-5016 Payroll(805)461-5018 Business License(805)461-5014 Fax(805)461-5090 CIT``O ATASCA AGREEMENT BETWEEN CONTRACT#�.�Gui THE CITY OF ATASCADERO AND WILLIAM AVERY & ASSOCIATES This agreement, effective April 1, 2003 is entered into by and between WILLIAM AVERY & ASSOCIATES, INC. (hereinafter referred to as CONSULTANT) and the CITY OF ATASCADERO (hereinafter referred to as CITY). WITNESSETH: WHEREAS, CITY has need for specialized consultant services; and WHEREAS, CONSULTANT has the training, experience and competence to perform the specialized service required by the CITY; and WHEREAS, CITY has authority under state law to employ CONSULTANT; NOW THEREFORE, the parties to this agreement do hereby mutually agree as follows: I. DUTIES OF CONSULTANT 1. CONSULTANT will provide requested or required services within the Labor Relations and Personnel activities of the CITY including but not limited to: Advise and consultation; Grievance handling and processing; Preparation of disciplinary matters; Advise on ADA, EECO and/or FEPC matters. Negotiations with bargaining units; Mediation and fact finding activities of such units; and such other related advice, opinion or assistance requested by the CITY through the Manager or his/her designees. 2. CONSULTANT in carrying out the terms and conditions of this agreement is an independent contractor and is not an employee of the CITY. II. DUTIES OF CITY 1. CITY shall cooperate with CONSULTANT in the performance of this agreement as follows: %001 �ftw rte' AVERY c March 31, 2003 RECEIVED AIJ1 U ! l:II'di, Wade McKinney City Manager CITY OF ATASCADERO City of Atascadero CITY MANAGER'S OFFICE 6500 Palma Avenue Atascadero, CA 93422 Dear Wade: It was a pleasure meeting with you last Tuesday. I have attached a draft agreement describing the range of duties to include all negotiations and related activities as well as assistance on grievance, disciplinary, ADA, EEOC, FEPC and related matters. Given your lack of dedicated personnel staff, I envision Avery Associates assuming a significant role in these areas. Also attached are brief bios for both Ellen and me, as well as a client list. I'm looking forward to working with you. Le me know when you are ready for me to contact Bruce Corsaw. Si rely, William H. Avery WHA:ksd Enclosures William Avery&Associates Management Consultants 31/2N.Santa Cruz Ave.Suite A Los Gatos,CA 95030 408.399.4424 Fax:408.399.4423 William Aveiy & Associates, Inc. Leaders in Leadership Search Trust Builders in Labor Relations "We're proud that many of our clients have called on us time-after-time -- some over the 20 years that we've been in business." Bill Avery AVERY W illiam Avery &Associates, Inc., is a uniQue Executive Search and Labor Rela- a 5 S O e i a r e s tions consulting firm serving both public and private sectors. Avery executives apply William Avery&Y Associates their decades of professional experience with a hands-on approach in support of Management Consultants 3'/z N.Santa Cruz Ave,Suite A every client. Los Gatos, CA 95030 408.399.4424 Fax:408.399.4423 This personal approach to meeting client needs is characterized by the highest stan- dards of integrity, ethics, and responsiveness -- and by a foundation of client loyalty that extends over a 20 year period. Building strong relationships with clients -- and helping clients build strong rela- tionships within their own organizations -- are key objectives for Avery Associates. Whether it be identifying the perfect executive foryour team, or using labor negotia- tions to strengthen rather than disrupt workplace relationships, Avery Associates is committed toyour success. EXECUTIVE YARCri I IUNIAN RESOURCES CONSULTING liow 14900 About Avery "We bring an extraordinary diversity of experience and professionalism to both the Executive Search and the Labor Relations parts of the business." Bill Avery Avery Associates builds relationships. When seeking the perfect executive to become a member ofyour team -- or when designing a negotiations strategy that helps build, not damage workplace relation- s� ships --Avery professionals begin by learning aboutyour organization. They get to knowyour people,your vision and goals,your culture, andyour specific needs. AVERY Since 1981,Avery Associates has focused on understanding and meeting client needs. a S S ° e ` a ` e s In fact, Bill Avery has built his own team the way he successfully helps build client William Avery 6z Associates Management Consultants teams. He identifies and defines the need, then works diligently to find the perfect 3'h N.Santa Cruz Ave,Suite A Los Gatos,CA 95030 piece to complete the organizational puzzle. 408.399.4424 Fax:408.399.4423 He has created a team of professionals uniQuely Qualified to meet the specific and uniQue needs of both private and public sector clients. Each member of the Avery leadership team has extensive experience in both sectors, and they work together closely to design a customized winning strategy for each client. Avery professionals have been there -- as a City Manager, a Deputy City Manager, a Police Chief, an Assistant County Counsel, high-tech Human Resources, Marketing and Sales executives, and in several other corporate leadership positions. Knowing the territory -- and building strong relationships statewide -- gives them an advan- tage that works for every client. They understandyour work environment-- and they have the tools to helpyou make your work environment better. LXICUI WL YARC1i NUMF\N RESOURCLS CONSUL I[NG Trust Builders in Labor Relations "Building trust is the key to successful negotiations. The process should strengthen your team, not weaken it." Bill Avery Traditionally, the Labor Relations activity has been a confrontational exercise designed to discourage cooperation, understanding, and the speedy settling of differences. Avery Associates takes a different approach. For more than 20 years, Avery has applied a cooperation-based, problem-solving approach to labor relations issues. Says Bill Avery, "We have had tremendous suc- cess guiding negotiating teams to work together to determine fair resolution of the issues -- and to demonstrate respect and dignity for each other throughout the pro- cess.' While strongly representing clients' interests, Avery Associates uses the negotia- AV ERY tions process as an opportunity to strengthen workplace relationships by bringing a 5 5 0 ` ; a ` e s negotiation teams together to define and resolve differences fairly. William Avery Cr Associates Management Consultants Successful use of its positive techniQues has resulted in the firm's developing effec- Th N.Santa Cruz Ave,Suite A Los Gatos,CA 95030 tive and long-standing working relationships with employee organizations through- 408.399.4424 out California. Fax:408.399.4423 Avery Associates has represented clients for the full-range of labor relations and personnel issues: • Negotiations (as Chief Negotiator) • Representation in grievance and disciplinary matters • Impasse proceedings, including arbitration • Representation before the Public Employee Relations Board New legislation will encourage even greater confrontational negotiations between public agency labor unions and management. Becauseyour people must work well together every day,you cannot afford to have relationships undermined by a negotia- tions process focused on self-interest and obsolete confrontational techniQues. We thinkyou'll like our approach -- and our results. "Confrontational labor relations tactics are obsolete. Our success has come from applying positive ways to negotiate that build dignity and respect." Bill Avery f XLCU ML Y AKCr{ HUMAN KI SOURCLS CONSUI 11NG Clients "We see ourselves as an extension of our clients'Human Resources Department. They call when they need us, knowing that our focus is on providing help, not counting billable hours. That's how we build long-term relationships." Michael Dougherty Public Sector clients currently or recently served by Avery Associates include: City of Bakersfield City of Visalia City of Benicia City of Watsonville City of Capitola City of West Hol�wood City of Dublin City of Woodland City of Fremont Town of Atherton City of Gilroy Town of Los Gatos City of La Habra Alameda County Waste Mgmt City of Lathrop Alameda County, Social Service Agency City of Morgan Hill Aptos/LaSelva Fire District City of Newport Beach Butte County City of Palo Alto Los Angeles County Social Services City of Pasadena Los Angeles Count Superior Courts y g y P City of Paso Robles Monterey County City of San Leandro Moraga-Orinda Fire Protection District AVERY City of San Luis Obispo San Benito County City of San Mateo San Benito County Water District a s s o c i a t e s City of San Ramon San Bernardino County William Avery&Associates City of Sanger Santa Clara County Fire Department Management Consultants City of Santa Clara Santa Clara County Social Services Agency 3'/2 N.Santa Cruz Ave,Suite A City of Santa Clarita Santa Clara Valley Water District Los Gatos,CA 95030 City of Santa Cruz Santa Cruz County 408.399.4424 City of Saratoga Santa Cruz Cty Emergency Communications Center City of Fax:408.399.4423 City of Seal Beach Santa Cruz Courts City of Tustin Solano County City of Union City SoQuel Creek Water District City of Vallejo City of Boulder, Colorado Private Sector clients currently or recently served by Avery Associates include: Adaptec, Inc. IMCA America, Inc. D2M KLA Tencor Enplas Tesco, Inc. National Semiconductor Ernst&Young, LLP NEC Electronics, Inc. Expressworks Int') Santa Cruz Operation Harmonic Lightwaves Tektronix-Grass Valley Group Non-Profit Sector clients currently or recently served by Avery Associates include: joint Venture: Silicon Valley Network Community Action Network, joint Venture Silicon Valley The Health Trust Second Start, Inc. -- Pine Hill Schools, San lose TALC U HVE SEARCH HUh9AN RESOURCES CONSULTING Avery Profile William Avery "I was very careful in building my firm. I defined my direction and needs, then took my time to fill those needs with experts who complement my skills and expand what we can do for clients.. I'm extremely proud of our team." William Avery founded his successful management consulting firm in 1981. He has directed William Avery & Associates in service as a Labor Relations and Executive Search consultancy, serving personally as a chief negotiator, ,. x trainer, and representative in grievance and disciplinary matters. AVERYA specialist and widely recognized expert in employer-employee relations, he 5 5 0 C i a t e s has served as a City Manager (Los Gatos) and Assistant City Manager. While William Avery&Associates City Manager, he was President of the Santa Clara County City Manager's Management Consultants 3'/z N.Santa Cruz Ave,Suite A Association and Chair of the County Employee Relations Service. Los Gatos,CA 95030 408.399.4424 Bill has lectured at De Anza College, San lose State University, and Stanford Fax:408.399.4423 University, and regularly makes presentations for the League of California Cit- ies, CALPELRA, and other public sector organizations. Building on his personal track record of success, he expanded the firm's focus to include increased emphasis on public and private sector search. He added proven industry professionals with expertise in these areas. The result has been to create an exceptionally strong management consulting firm, now known as Avery Associates, with the expertise to provide the full range of services reQuired for successful public or private sector executive search. A key measure of the firm's success has been the many long-term relation- ships that he and his staff have established with clients. Bill holds B.A. in Political Science and an MPA from San dose State Univer- sity, where he was graduated with highest honors. EX[LCUTIVI SEARCH HUti1AN RESOURCES CONSULTING Avery Profile Ellen Aldridge "I've served in both the public and private sectors handling labor relations and employment law matters. This experience has provided valuable insights that I believe will assist our clients in minimizing and resolving labor and employment disputes." Before joining Avery Associates, Ellen served as Assistant County Counsel for the County of Santa Cruz, providing legal advice and representation to staff and public boards in the specialized areas of labor relations, employment law,and risk management. Earlier, she spent several years with private law firms in Santa Clara County, AVERYcounseling and representing employers in State and Federal court litigation a s s o c i a t e s and administrative proceedings. This experience - with Thierman, Cook, William Avery&Associates Brown & Mason, then with Littler, Mendelson, Fastiff&Tichy-- provided the Management Consultants opportunity for her to develop negotiating skills and develop her expertise for Th N.Santa Cruz Ave, Suite A Los Gatos,CA 95030 representing clients before the NLRB and PERB and in union grievance arbi- 408.399.4424 trations, collective bargaining, and other labor-related issues. Fax:408.399.4423 Throughout her nineyear tenure as Assistant County Counsel, Ellen served as attorney for the county's Personnel Department, providing significant opportunity to utilize her skills in drafting and negotiating employment policy, independent contractor agreements, employee benefits plans, and advising and representing County departments in employee disciplinary and civil service commission cases, including worker's compensation and employment discrimination/harassment and disability accommodation cases. She also served as General Counsel to the City of Santa Cruz Police Review Board during theseyears. Ellen received her B.A. in Government from the University of San Francisco -- where she was a Davies Scholar--and her law degree from Santa Clara University. She was awarded the American jurisprudence Award for Labor Arbitration. Ellen has served as Chair of the Santa Clara County Bar Association Labor Law Committee and as an Instructor in Law & Human Resources Management at the UCSC Extension. IAI CLI I IUI S[AKCI I HUMAN KISOUKCI S CONSULTING a) Providing all information reasonably accessible to the CITY which may be helpful to CONSULTANT in the performance of his services, and; b) Providing a management team to assist CONSULTANT during negotiations sessions, and; C) Providing clerical and stenographic assistance as CONSULTANT may reasonably require when on-site and; d) Providing a suitable location where negotiation sessions may be conducted. III. CONSIDERATION 1. In consideration for the services rendered by CONSULTANT as specified, CITY agrees to pay CONSULTANT Two Thousand Five Hundred ($2,500.00) per month. 2. CONSULTANT shall not charge for clerical time, copies, phone calls, etc. incurred by CONSULTANT at CONSULTANT's office. Reasonable travel expenses will be charged. IV. TERM The term of this agreement shall be twelve (12) months commencing with the date of its execution and month to month thereafter. Modifications to the terms of this agreement shall be made in writing. WI LIAM VI aYASSOCIATES CITY OF ATASCADERO William H. Avery Wade McKinney, City Maf ager Dated: Dated: