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9.e) Agreement with Springsted for City Administrator Search Meeting Date: 4/17/2012 Agenda Item: � Q� City Council Agenda Report City of Scandia 14727 209`" St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve and agreement with Springsted, Incorporated for executive search services for replacement of the City Administrator. Deadline/ Timeline: The proposed timelines will allow for hiring a new Administrator in October or November. Background: • At the April 10 meeting the Council reviewed two consultant proposals for the City Administrator search: one from Springsted and one from Brimeyer Fursman LLC. Springsted Vice President Sharon Klumpp was present at the meeting. Staff was directed staff to place an agreement with Springsted on the April 17 Council agenda for further discussion. • Springsted, including consultant Sharon Klumpp, assisted with the studies that preceded the city's incorporation and is very familiar with the community. She worked with the former New Scandia Town Board in the first (and last) Administrator search. • The cost of the Springsted proposal is $7,800 excluding out-of- pocket costs, which are estimated at about $500. The cost of background checks would be additional. The proposal was tailored to include only the basic level of services needed. The fee is less than the cost of the 2006 search (which totaled $9,132.51.) • Should the agreement be approved, the next step would be a work session with the Council (May 8)to discuss desired qualifications and expectations for the City Administrator, to review the current job description and other information needed to prepare a job announcement. • The City Attorney has reviewed the agreement. It includes a 14- day termination clause, and includes the proposal work plan as an attachment. Recommendation: I recommend that the Council accept the Springsted proposal. Staff does not have time to conduct this search. My limited time is better used on other work, including helping the new Maintenance Superintendent get started with his new position. Even if the time Page 1 of 2 04/13/12 were available, given the current relationships with the Council it would be difficult for me to work with you to establish the expectations and job description. The consultant will also be able to help the Council establish the right salary range and help recruit candidates. Attachments/ • Draft Agreement Materials provided: Contact(s): Sharon Klumpp, Senior Vice President Springsted Incorporated (651 223-3053) Prepared by: Anne Hurlburt, Administrator (springsted agreement search) Page 2 of 2 04/13/12 AGREEMENT FOR EXECUTIVE SEARCH SERVICES THIS AGREEMENT is made as of the day of 2012, by and between, the City of Scandia, Minnesota ("Client")and Springsted Incorporated("Consultant"). WHEREAS, the Client wishes to retain the services of the Consultant on the terms and conditions set forth herein, and the Consultant wishes to provide such services; NOW,THEREFORE,the parties hereto agree as follows: 1. Seroices. Consultant shall provide executive search services to assist the Client with the recruitment and selection of a City Administrator consistent with the scope of services contained in ConsultanYs work plan dated April 2, 2012. The work plan is provided in Attachment A and hereby made a part of this Agreement. 2. Compensation. The Client shall compensate the Consultant for these services at a professional fee of$7,800 and out of pocket expenses in the manner set forth in the April 2, 2012 work plan. 3. Term and Termination. This Agreement shall commence as of the date hereof, and shall continue until terminated by either party by written notice given at least 60 days before the effective date of such termination, provided that no such termination shall affect or terminate the rights and obligations of each of the parties hereto with respect to any project, whether or not complete,for which the Consultant has provided seroices prior to the date that it received such notice. 4. Indemnification; Sole Remedv. The Client and the Consultant each hereby agree to indemnify and hold the other harmless from and against any and all losses, claims, damages, expenses, including without limitation, reasonable attorney's fees, costs, liabilities, demands and cause of action (collectively referred to herein as "Damages")which the other may suffer or be subjected to as a consequence of any act, error or omission of the indemnifying party in connection with the performance or nonperformance of its obligations hereunder, less any payment for damages made to the indemnified party by a third party. Notwithstanding the foregoing, no party hereto shall be liabie to the other for Damages suffered by the other to the extent that those Damages are the consequence of: (a) events or conditions beyond the control of the indemnifying party, including without limitation changes in economic conditions; (b) actions of the indemnifying party which were reasonable based on facts and circumstances existing at the time and known to the indemnifying party at the time the service was provided; or(c) errors made by the indemnifying party due to its reliance on facts and materials provided to the indemnifying party by the indemnified party. Whenever the Client or the Consultant becomes aware of a claim with respect to which it may be entitled to indemnification hereunder, it shall promptly advise the other in writing of the nature of the claim. If the claim arises from a claim made against the indemnified party by a third party, the indemnifying party shall have the right, at its expense, to contest any such claim, to assume the defense thereof, to employ legal counsel in connection therewith, and to compromise or settle the same, provided that any compromise or settlement by the indemnifying party of such claim shall be tleemed an admission of liability hereunder. The remedies set forth in this paragraph shall be the sole remedies available to either party against the other in connection with any Damages suffered by it. 5. Confidentialitv; Disclosure of Information. a. Client Information. All information,files, records, memoranda and other data of the Client which the Client provides to the Consultant or which the Consultant becomes aware of in the performance of its duties hereunder ("Client Information") shall be deemed by the parties to be the property of the Client. The Consultant may disclose the Client Information to third parties in connection with the performance by it of its duties hereunder, b. Consultant Information. The Client acknowledges that in connection with the performance by the Consultant of its duties hereunder, the Client may become aware of intemal files, records, memoranda and other data, including without limitation computer programs of the Consultant ("Consultant Information"). The Client acknowledges that all Consultant Information, except reports prepared by the Consultant for the Client, is confidential and proprietary to the Consultant, and agrees that the Client will � Springsted Public Sector Advisors Page 2 not, directly or indirectly, disclose the same or any part thereof to any person or entity except upon the express written consent of the Consultant. 6. Miscellaneous. a. DeleQation of Duties. The Consultant shall not delegate its duties hereunder to any third party without the express written consent of the Client. b. No Third Partv Beneficiarv. No third party shall have any rights or remedies under this Agreement. c. Entire Contract: Amendment. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior written or oral negotiations, understandings or agreements with respect hereto. This Agreement may be amended in whole or in part by mutual consent of the parties, and this Agreement shall not preclude the Client and the Consultant from entering into separate agreements for other projects. d. GoverninQ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. e. Severabilitv. To the extent any provision of this Agreement shall be determined invalid or unenforceable, the invalid or unenforceable portion shall be deleted from this Agreement, and the validity antl enforceability of the remainder shall be unaffected. f. Notice. All notices required hereunder shall be in writing and shall be deemed to have been given when delivered, transmitted by first class, registered or certified mail, postage prepaid and addressed as follows: If to the Client: If to the Consultant,to: City of Scandia Springsted Incorporated 380 Jackson Street 14727 209th Street N. Suite 300 Scandia, MN 55073 St. Paul, MN 55101-2887 Attention: Managing Principal The foregoing Agreement is hereby entered into on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLiENT SPRINGSTED Incorporated Ms. Sharon Klumpp, Senior Vice President ATTACHMENT A 4/212012 Work Plan Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,MN 55101-2887 S 1�I I"I 5 t e(� Tei: 651-223-3000 p g Fax: 651-223-3002 wwuv.springsted.com LETTER OF TRANSMITTAL Apri12,2012 Ms.Anne Hurlburt,City Administrator City of Scandia 14727 209�' Street N Scandia,Minnesota 55073 Dear Ms. Hurlburt: We understand that you will be retiring as Scandia City Administrator in October. As requested,we have prepared a proposal to assist the City Council in its search for a City Administrator. The attached proposal outlines our recommended approach to have the new City Administrator on board by September 24,2012. This target date ensures that the City will have some overlap in the position,if desired,to ensure a smooth transition. The proposal also includes a tentative project schedule that begins with a City Council workshop and ends with the appointment of a City Administrator. We appreciate the opportunity to submit a proposal for the CiTy Council's consideration. It is our goal to establish a trusted working relationship with the City Council and to provide two-way communication throughout the project. Feel free to contact me if you have any questions at 651-223-3053. We look forward to assisting the City of Scandia in the recruitment and selection of a new City Administrator. Sincerely, C r Sharon G.Klumpp, Senior Vice nt Consultant ldr/kmd Public Sector Advisors City of Scandia, Minnesota Proposal to Provide Executive Search Services for a City Adminisirator � � • � Objectives Objectives for the City Administrator search include: • Determination of the desired qualifications for the City Administrator . Recruitment of applicants by advertising the position and contacting prospective applicants • Assisting the City Council in its evaluation of candidates . Interview coordination and attendance . Assisting the City Council in negotiations with the top candidate Springsted recommends an eight-step process for recruiting and selecting a City Administrator: 1. City Council workshop—Springsted will meet with the City Council in a warkshop to discuss desired qualifications and expectations for the City Administrator and to review the current job description. The workshop will assist the City Council in determining the most important skills and qualities desired in the City Administrator. The workshop agenda will include a review of all information needed to prepare a job announcement. We will also review and revise the project schedule if needed. 2. Recruitment and targeted outreach—Based on the results of the City Council workshop, Springsted will work with City staff to prepare a job announcement and coordinate placement of the ad with professional associations. We recommend that ads be placed as follows: • City of Scandia website • League of Minnesota Cities • Minnesota City/County Management Association(MCMA) • League of Wisconsin Municipalities . Wisconsin City/County Management Association(WCMA) • Other publications and web sites identified in consultation with the City of Scandia • Springsted.com Springsted's recruitment efforts will emphasize personal contacts with qualified individuals to present this position to them and discuss the reasons they should apply for this position. These efforts will ensure that qualified individuals who are not necessarily looking for a job will be aware of the City of Scandia position and encouraged to apply. 3. Serve as Point of Contact—Springsted will receive and document all applicant materials and inquiries for the position.We will acknowledge each application received and keep applicants inforxned of their status in the process. Periodic updates will be provided to the City Council throughout the recruitment process to keep officials informed of the response to the job announcement. 4. Applicant screening and evaluation—Springsted conducts an impartial and objective review of each application to determine those applicants who most closely meet the City's : S�)t�1 Cl Q S t�C� City of Scandia,Minnesota. Proposal to Provide Executive Search Services for a City Administrator ��2. desired qualifications. We will conduct an internet search of the most highly qualified applicants and invite up to 12 of them to complete a questionnaire that will provide detailed information on their experience, skills and qualifications in areas of importance to the City. Use of a questionnaire assures the City that it receives comparable information on all of the applicants. We will review the completed questionnaires and conduct a brief screening interview to clarify candidate information and to affirm the candidate's interest in the Scandia position. 5. Selection of finalists—Springsted will compile a written report including candidate materials and submit it to the City Council for review. The written materials will also note any information found through Internet searches. Springsted will meet with the City Council to present the candidates and answer questions. The City Council will select up to six candidates who will be invited to interview. 6. Reference and Background Records Checks—After the City Council has selected the finalists, Springsted will conduct reference checks for all candidates who have been invited to interview and provide the City Council with a supplemental report outlining information obtained from references. We will coordinate the background records check with Setter& Associates,a company that specializes in pre-employment screening. The background records check consists of a review of driver's licenses and criminal histories,educational verification,a credit check and a review of civil judgments. Background checks may be conducted for all of the finalists prior to their interviews with the City Council or the City Council can make its hiring decision contingent upon a satisfactory background records check. 7. Develop Interview Process—Springsted will develop interview questions with input from the City Council. Interview questions will be structured to learn more about the candidate's experience,his/her understanding of the City of Scandia and its current projects and issues, his/her approach to building an effective working relationship with the City Council and his/her management style. Springsted will also be responsible for scheduling candidate interviews. Before the interviews, Springsted will brief the City Council on interviewing techniques and review the types of questions that are not legal to ask in an interview. We will also provide the City Council with an assessment tool that can be used to evaluate the candidates. Springsted will be in attendance at all interviews. We can assist the City in coordinating an informal tour of municipal facilities and the community prior to conducting the interviews,if requested. S. Employment negoNations—After the City Council has identified its top candidate, Springsted will assist in developing an employment offer. We will negotiate an employment agreement with the successful candidate in accordance with direction received from the City Council and its legal counsel. Springsted will continue to keep all finalists apprised of this last phase of the selection process. This step in the process becomes extremely important if, for any reason,the top finalist declines the offer. Once the successful candidate has accepted an employment offer, Springsted will notify all other finalists of the appointment. �prir��st�� r1 City of Scandia,Minnesota. Proposal to Provide Executive Search Services for a City Administrator �3i Post Selection Services. If the City of Scandia retains Springsted to conduct a full search,we will offer the following ongoing services described below. • Performance Facilitation—Immediately after the selection,all of the parties may feel confident that they share a mutual understanding of each person's roles,responsibilities and expectations. However,with time these expectations may lose their focus. If requested, within approximately 90 to 180 days of the City Administrator's service date, Springsted will return to the City of Scandia to facilitate a discussion with the appropriate parties to review expectations and performance. • Guarantee--Springsted also commits to performing another executive search if the new City Administrator voluntarily resigns or is dismissed for cause,absent the request of or suggestion of any members of the City Council,during the first year of employment. • No Solicitation Polic,y—Springsted will not actively recruit anyone whom we have placed with a client during their employment with that client. Springsted strongly believes that candidates who have accepted a public position have an obligation to serve the public entity for an appropriate period of time. . � . � A tentative project timetable is provided below to illustrate the time allowed for each step of the process. We are happy to revise this schedule as needed to meet the City's needs. .____.___._- -- _ --- --.. _ _--- _._ _ -- _ . _ ____ _,,_____.___ ___ _ _ _ _ . _. ._.._ _.__.___ . _ _ E Project Milestone � Proposed Date `. _.,._____..__ __.______ __ .__._:__ _ __.._..__.___. __ _ ._____._., __.S__._ Notice to proceed April 17,2012 City Council Workshop May 8,2012 City approves job announcement May 15,2012 Recruitment and candidate outreach May 16-June 13,2012 Applicant screening June 13-18,2012 Candidates complete questionnaire,Springsted conducts brief ,lune 19-July 6,2012 screening interviews Written candidate report submitted to the City Council July 13,2012 Candidate presentation I selection of finalists July 24,2012 Springsted conducts reference checks July 25-Aug.7,2012 City Council interviews candidates Aug 8-10,2012 City Council authorizes employment offer contingent on background report/City Council enters into an agreement with Aug 10-24,2012 the successful candidate Effective start date(estimated 30 day notice) Sept.24,2012 ���r i n g S t f(� City of Scandia,Minnesota. Proposal to Provide Executive Search Services for a City Administrator �4� ' � • � � 1 � ' � � Springsted will provide the full executive search services listed above for a professional fee of $7,800,excluding out-of-pocket costs. Out-of-pocket costs,which include miscellaneous expenses for such things as advertising,mileage,postage,overnight delivery and copying,are estimated to be approximately$500. The cost for a background records check is$400 each. . . Contact information is provided on some of our recent searches. Additional references are available on request. City of Willmar,Minnesota Pierce County,Wisconsin CityAdministrator Administrative Coordinator Mr. Frank Yanish,Mayor Mr. Rod Rommel, Supervisor 320-235-4913 715-273-6851 City of Elk River, Minnesota City of Decorah, lowa City Administrator City Manage� Mr.Nick Zerwas,Council Member Mr. Don Arendt,Mayor 763-635-1005 563-382-3651 (City Manager's Office) Village of Osceola,Wisconsin Village Administrator Mr. Gary Beckmann,Village President 715-294-3498 Sharon G.Klumpp Senior Vice President and Consultant Ms. Sharon Klumpp,who specializes in organizational and management consulting for public agencies,will be the lead consultant on this project. ,� Since joining Springsted eight years ago, she has conducted over 50 .� executive searches and a broad array of organizational management studies. ',� In addition,Ms. Klumpp has extensive government experience,having held ' a variety of positions including Executive Director of the Metropolitan Council,Associate Executive Director for the League of Minnesota Cities, City Administrator for Oakdale,Minnesota and Assistant City Manager in St. Louis Park, Minnesota and Saginaw,Michigan. Ms. Klumpp is a member of the International City/County Management Association(ICMA)and has served as the chair of the Ramsey County Charter Commission. She holds a master's in public administration from the University of Kansas and a bachelor's degree in political science from Miami University(Ohio). ��r����t�� City of Scandia,Minnesota. Propasal to Provide Executive Search Services for a City Administrator �5j