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Report ID: 24-094   
Type: Regular - Board Administrative Matters
Meeting Body: Board of Directors - Regular Meeting
Meeting Date: 1/24/2024 Final action: 1/24/2024
Recommended Action: Consider authorizing the issuance of a Request For Proposals for executive search services associated with the recruitment of a General Counsel/Chief Legal Officer, including the approval of the Scope of Services and the evaluation criteria that will be used in scoring the proposals. Staff Contact: Linda A. Nemeroff, Board Administrative Officer/District Secretary
Attachments: 1. STAFF REPORT, 2. Att.1. Scope of Services - Executive Search Services Final, 3. Master Minute Order

TO:                     AC Transit Board of Directors                                          

FROM:                                             Linda A. Nemeroff, Board Administrative Officer/District Secretary

SUBJECT:                     Request For Proposals for Executive Search Services                     

 

ACTION ITEM

AGENDA PLANNING REQUEST:   


RECOMMENDED ACTION(S):

 

Title

Consider authorizing the issuance of a Request For Proposals for executive search services associated with the recruitment of a General Counsel/Chief Legal Officer, including the approval of the Scope of Services and the evaluation criteria that will be used in scoring the proposals.

 

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

Body                                          

STRATEGIC IMPORTANCE:

 

Goal - High-Performing Workforce

Initiative - Employee Recruitment, Training and Retention

 

The issuance of a Request For Proposals (RFP) for a professional executive search firm is advantageous to the Board in terms of broadening the scope of the search and access to top candidates.

 

BUDGETARY/FISCAL IMPACT:

 

The estimated cost of the services is being withheld to garner competitive pricing and will be disclosed at the time of contract award.

 

BACKGROUND/RATIONALE:

 

The District's current General Counsel has announced her plans to retire from the District in early 2024. The Board of Directors is requested to authorize the issuance of an RFP to seek out qualified executive search firms interested in assisting the Board in its efforts to permanently fill the position. A draft Scope of Services is provided in Attachment 1 for the Board's review and consideration. Costs shall not be the sole determining factor in awarding a contract, as this is a best-value procurement. In addition, staff proposes that the following evaluation criteria be used to score the proposals:

 

FACTOR

POINTS

Firm Qualifications

35

Qualifications of the assigned staff

30

References

10

Cost

20

Local Preference

5

Total

100

 

 

Should the Board decide to move forward with the issuance of the RFP, the estimated timeline for the various activities related to the procurement and selection process is as follows:

 

DATE

ACTIVITY

February 14th

Board action to establish a limited-purpose Executive Search Committee to review and score proposals.

February 14th

Board President makes appointments to the Executive Search Committee

Week of February 12th

Proposal submission period closes

Week of February 19th

Executive Search Committee meets to evaluate the proposals

Special Meeting*

Contract Award

 

* As the Board may recall, the regular meeting on February 28th was cancelled.  A special meeting may be required to award a contract as to not delay the recruitment process.

 

ADVANTAGES/DISADVANTAGES:

 

The issuance of an RFP for a professional executive search firm is advantageous to the Board in terms of broadening the scope of the search and access to top candidates. In addition, the search firm can tailor the recruitment to the Board's needs and timeline and provide support throughout every aspect of the recruitment process. The only disadvantage of the recommended approach is the amount of time it may take to conduct the procurement to secure the services.

 

ALTERNATIVES ANALYSIS:

 

The only other alternative to be considered is use of in-house resources; however, this is not recommended due to the current workload of the Human Resources Department. In addition, an outside firm, especially one with expertise in recruiting senior-level attorneys, will likely have greater access to top talent.

 

PRIOR RELEVANT BOARD ACTION/POLICIES:

 

 Board Policy 465 -- Procurement Policy

 

ATTACHMENTS:

 

1.                     Scope of Services

 

Prepared by:

Linda Nemeroff, Board Administrative Officer/District Secretary

 

Approved/Reviewed by:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

Chris Andrichak, Chief Financial Officer

Jill A. Sprague, General Counsel/Chief Legal Officer

Fred Walls, Director of Procurement and Materials