Avery & Associates - 2016 Agreement Amendment No. 1FIRST AMENDMENT TO WILLIAM AVERY & ASSOC:IATES, INC.
WHEREAS, the City of Gilroy, a municipal corporation ( "City"), and Avery &
Associates entered into that certain agreement entitled Executive Search Services, effective on
November 8, 2016, hereinafter referred to as "Original Agreement "; and
WHEREAS, City and Avery & Associates have determined it is in their mutual interest
to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE
AS FOLLOWS:
1. Article 1. Term of Agreement of the Original Agreement shall be amended to read as
follows: Term of agreement will extend to December 31, 2018 unless terminated in accordance
with the provisions of Article 7 of this Agreement.
2. Article 4 Compensation, Section A shall be amended to read as follows: In consideration
for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the
amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total
compensation paid to CONSULTANT exceed $98,000.00.
This Amendment shall be effective on June 29, 2017.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original
Agreement and this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of Nvhich shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the dates set forth besides their signatures below.
CITY OF GILROY
By:
[signature:]
Gabriel A. Gonzalez _
[employee name]
City Administrator
[title /department]
Date:�� �G
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William ry & Associates, Inc.
By. —eduL�� -
" [signature] Paul Kimura
[name]
Principal — Executive Search & Recruitment
[title]
Date: (q
Appro ed as orm
City Attorney
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EXHIBIT "B"
SCOPE OF SERVICES
William Avery & Associates, Inc. shall complete the executive search recruitment services as
outlined in the attached proposal to include recruitment search services for the following
positions:
Police Chief (including assistance with Interim Police Chief search and placement and
community outreach meetings) - Completed
Public Works Director (including assistance with Interim Public Works Director search and
placement) - Completed
City Engineer/Traffic Engineer - Completed
Deputy Director of Public Works /Public Works Operations Manager - Continued search services
required as position not filled from prior recruitment effort.
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EXHIBIT "C"
MILESTONE SCHEDULE
The City and William Avery & Associates will set agreed upon recruitment schedules for each
position and strive to achieve target dates to fill the positions in a timely manner. The City has
an immediate need to fill the Interim Police Chief and Interim Public Works Director positions
by early December given the pending retirements scheduled for December 16th (Public Works
Director) and December 30`h (Police Chief). With respect to the Police Chief recruitment
process, community engagement/outreach is planned for early December, 2016 so that the profile
can be completed and formal recruitment can commence in January, 2017. Update: The Deputy
Director of Public Works (Operations) position was not filled from prior recruitment efforts.
Additional recruitment efforts are required to fill this position as soon as possible.
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EXHIBIT "D"
PAYMENT SCHEDULE
Invoices for services and expenses shall be submitted to the City for payment as phases
completed and expenses incurred.
Update: No additional professional services fee will be paid for the continued search services
to fill the Deputy Director of Public Works (Operations) position. The city will be billed monthly for
expenses incurred in accordance with this agreement for advertising, outreach, clerical time, supplies,
printing, telephone, postage, background checks, or consultant travel. The maximum expense cost per
recruitment effort is up to $11,500.00.
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