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HomeMy WebLinkAboutContracts & Agreements_58-2011_CCv0001.pdf AGREEMENT TO FURNISH EXECUTIVE RECRUITMENT SERVICES This agreement to furnish executive recruitment services ("Agreement") is made and entered into thisl 11h day of May, 2011 ("Effective Date'), by and between the City of Redlands, a municipal corporation, ("City") and Bob Murray & Associates ("Consultant'). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform executive recruitment services in connection with City's recruitment of a Police Chief(the"Services"). L2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing similar types of Services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit "A," entitled "Proposal to Conduct Executive Recruitment," which is attached hereto and incorporated herein by this reference. 12 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act and the Fair Employment and Housing Act. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant infort-nation in its possession that may assist Consultant in performing the Services. 3.2 City designates Debbie Scott-Leistra as City's representative with respect to performance of the Services, and such person, shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to pertlormance of the Services. ARTICLE 4 - PERFORMANCE OF SERVICES 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule set foitli in Exhibit"A." F,ca"diiwAgreements,Bob Mun-ay Police Chiefdoc 4.2 At any time during the term of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent (2(l%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties, by -written amendment to this Agreement, executed by City's City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 City shall pay Consultant the sum of Fifteen Thousand Dollars ($15,000) as compensation for the Services. In addition to such compensation, City shall reimburse Consultant for expenses incurred in performing the Services in anarnount not to exceed Six Thousand Dollars ($6,000). Reimbursable expenses include costs of travel, clerical support, placement of ads, credit, criminal and civil background checks, education verification, newspaper search, postage, printing, photocopying and telephone charges. In addition, City shall reimburse Consultant for expenses incurred for POST background checks and psychological evaluations in an amount not to exceed Three Thousand Five Hundred Dollars ($3,500)per individual. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, and a description of reimbursable expenses, if any, City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice, provided the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, and that all expenses,rates and other inforination set forth in the invoice are consistent with the terms and conditions of this Agreement. 5.3 All notices shall be given in writing by personal delivery or by United States mail. Notices sent by mail should be addressed as follows: C Y Consultant N. Enrique Martinez Bob Murray City Manager Bob Murray& Associates City of Redlands 1677 Eureka Road, Suite 202 P.O. Box 3005 Roseville, CA 95661, Redlands, CA 92373 Tel: (916) 784-9080 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section 5.3. [ ca',djm',,,A�jcetnctits'Bob MUrl-ay Police Chiefdoc 2 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance requires( by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation, of the policy except upon thirty ( 0) days prior written notice to City. 6.2 Workers Compensation and Employer's Liability. Consultant shall secure and maintain Workers Compensation and Employer's Liability insurance throughout,the duration of this Agreement in accordance with the laws of the State of California, with an insurance carrier acceptable to City. 6.3 Comprehensive Creno-rat Liability Insurance. Consultant shall secure and maintain comprehensive ;general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)0,00 ) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City, 6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars (S 1,000,000)per claim made. 6.5 Business Auto friability Insurance. Consultant shall secure and maintain business auto` liability coverage, with minimum limits of One Million Dollars ($1,000p00 ) per occurrence, combined single limit for bodily injury liability and property darnage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City, City shall be named as an additional insured. 6.6 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless City and its electedofficials, employees and agents from and against any and all claims, losses or liability, including attorneys fees, arising from injury or death to persons or damage to property occasional by Consultant's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services.. ARTICLE 7 , CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the geographical area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of [ ca'c€i °,A-rez,inents l3raE Murray Police Chiefdoc Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i) the making or any City governmental decisions regarding approval of a rate,rule or regulation, or the adoption or enforcement of laws; (ii) the issuance, denial, suspension or revocation of City pen-nits, licenses, applications, certifications, approvals, orders or similar authorizations or entitlements; (iii) authorizing City to enter into,modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party,or to the specifications for such a contract; (v) granting City approval to a plan, design, report, study or similar item; (vi) Adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for City that would otherwise be perfortned by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8,1 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. &2 Prohibition Against Assignment, Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms, and conditions of this Agreement. 1urray Police Chief dtx 4 83 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and should perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.4 Termination. A. Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City, in its sole discretion, by providing five (5) business days prior written notice to Consultant (delivered by certified mail, return receipt requested) of City's intent to terminate. C. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 8.5 Books and Records. Consultant shall maintain any and all books, ledgers, invoices, accounts and all other records and documents evidencing costs and expenses related to the Services for a period of three(3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 8.6 Entire Agreement/Amendment. This Agreement, including the Exhibit incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8,8 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. t:'lei4111'�,Agret."ctitsBc)b Murray Police Chiefdoc 5 IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF '1E LAN S JFy r By: P N. Enri ;nez Citi ger Attest; City Clerk BOB MURRAY&ASSOCIATES By: Bab Mufray L\1ca;djm Agreements l3ob Murray Police Chief doc 6 BOB MURRAY Assocwms PROPOSAL, TO CONDUCT AN EXECUTIVE RECRUITMI NT FOR A Police Chief ONBEHALF OF THE City of Redlands X b \ cv 1677 1,Urc 1 a F .t,1,"u,tE R,�c~r11,,i;1 75661 0)16)7S4-`HNtr (916)7A+1085 TABLE OF CONTENTS *01P t I I MIC OW THE C, 4 vv. ��EEt�� �� � 2 arraQ AD EES?E lSINC� y. t�.�',.}�;�'AI N �,M,,, RVCE E`s�"�d1i \' [ i?'P3 &.�.w�tIAS1{ p3I'` [.PfE. 'i�}LA$3<' iLI.`, � 31 w I'SwE" F E' 'E,w, E;ti.T,E.. E' t ,"' 'E "" . .....;. .<<..Q.a. ....... :. ..... a .......:+. ....�., .,�.�. Mp 7 SECO. iMIEM111`E �,. ,....,> .. .... .,. S{[ j if I „ 11`.�£6 T�P 1 .7&.4 ........................................... STEP�7�„ �a.V.',AGR a?:N �.�,@I .�.KS , ���•°��Eal.�.�:E ��1;��1"'i�maEx .�u Y: �....... .. .4 STHP ArFP I TNSND �. EE .........-............................. .1..1,',f1 � », ' >> yy ................,....,.:..----_5 Bob '-Murray & Associates` unique and client oriented approach to executive search will ensure that the Cita; of Redlands has quality, candidates from which to select the new Police Chief: Outlitaed below are the key steps in our rec uitment process. Our understanding of the Cite of Redl nds's"needs will be key to a successful search.. W Nvilll work vv-ith the City Manager and others- as appropriate to learn as much as possible about the organization's expectations for a new Police Chief. We understand the importance of recei-k-in<„; input froth members of the Police Department regat-dint; the culture and values of the organisation and will include meetings with representatives of command staff,middle management, and the Police Officers' Association in this step of the process. We want it) understand the current issues, challenges, and opportunities that face the City, of Redlands. We also want to know the, City \latia cr's expectations regarding the luio-vvledge, skills and abilities sought in the ideal candidate and will work with the City, to identify- expectations regarding edification and experience. Additionally,we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. We will evaluate and compare the<compensation of various agencies throughout California that are of similar sire and complexity to the City of Redlands to ensure a competitive salary offering by the Citi:=, which we anticipate will result in attrac . g more highly qualified candidates. The profile we develop together at this stage will drive subsequent recruitment efforts. After gaining an understanding of the City of Redlands's needs, we "X ill design an effective advertising campaign appropriate for the Police Chief recruitment. We will focus on professional journals that are specifically suited to the Police Chief search. V`e will also develop a professional recruitment brochure on the Citi Manager's behalf that will discuss the community, organization, position and compensation in detail. Once completed, we will snail the profile to an extensive audience, snaking thein aware of the exciting opportunity with the Citi-of Redlands. STEP 3 RECRUITING CANDIDA"MS After cross;-referencing the profile of the ideal candidate with our database: and contacts in the field, we will conduct an aggressive outreach effort, including snaking persona calls to prospective applicants, designed to identify- and recruit outstanding candidates. We recognize that the best candidate is often not looking for a new lr>b and this is the person we actively seek: to convince to becorne a candidate. Aggressively marketing the. Police Chief position to prospective candidates will be essential to the. success of the search. STEP 4 SCREENING,CA7\11)[DATES, FolloN.V-11,19 the closing date for the tecruturient, we will screen the resumes we have received: We will use the ctiteria established in our initial meetings as a basis upon which to narrow the field of candidates. We will conduct personal interviews with the top 10 to l2 candidates with the goal of determining which,candidates have the greatest potential to succeed in your organization. During the interviews we will explore each candidate's background and experience as it relates to the Police Chief position, in addition, we will discuss the candidate's motivation for applying for the position and make an ,assessment of his/her knowledge, skills and abilities. We will devote specific attention to establishing the likelihood of the candidate's acceptance of the position if an offer of eniploynaent is made TEP ti PUB is RECORD SEARCH Following the interviews, we will conduct as review of published articles for each candidate. 'arious sources will be consulted including Lex is= ea;.isT't a newspaper/magazine search engine, Google, and local papers: for the corninunities in which the candidates have worked. This alerts us to any further detailed inquiries we trial- need to snake at this tinge. Based on the infor nation gathered through meeting,,; with your organization and personal interviews with candidates, we will recommend as linlited number of candidates for vour further consideration. We will prepare a detailed written report on each candidate that focuses on the results of our interviews and public record searches. We will,make specific recommendations, but this;final determination of those to be considered will beup to Vou. STEP 8 FINAL INTERVIEWS Cour years of experience will be invaluable :as we hell) you develop an intervic-%, process that objectively assesses:the qualifications of each candidate. We wil adapt ain .approach that fits your deeds, whether it is a traditional interview, multiple interview, panel or assessment center process. We will provide you with suggested interview questions and rating fog)))s and will be present at the interview/assessment center to facilitate the process. Out expertise hes its facilitating the discussion that egg's bring about as consensus regarding the final. candidates. In the past, we have assisted our clients its designing a proccs;s-that pros-ides= a forurn fogs--the participation of members of the Crit} Council; Police Department (P(-')A, to -t atia eniLtit and senior management); either stakeholders; and local Police C:l ef': and City :rl naoers in the utteririerr, process while; cn,s rnig the final decision belongs to the City Manager. t`e will work closely with your staff to coordinate and schedule inremieWS and candidate travel. Our goal is to ensure that each candidate has a very positive eaapttience, as the manner in which the; entire process is conducted will have in effect on the candidate"" STEP 9 BACK(11(01`�'ND CHECKS/DETAfLED REFERENCE CHECKS Based on final interviews we will conduct credit, crinimal, civil litigation and motor vehicle record checks for the top one to three candidates. At this stage in the recruitment we will also verify candidates' degrees and arrange for PC)S'"1 background checks and psychologriical evaluations. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisalof the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and nianAgenient stele. We will ask candidates to forward the names of their super . 7isors, subordinates and peers for the past several years. Additionally, we make a point of -,speaking confidentially to individuals who we know have insight into at candidate's abilities,but who may not be on their preferred list of contacts. STEP 1.0 NEGOTIAIJONS \Vc recogopize the critical importance of successful negotiations and call serve as your representative during this process. We know what other organizations have done to put deals together with great candidates and will be available to advise you regarding current approaches to difficult sues i such as housing and relocation: We will represent your is . cation. interests and Advise you regarding salary, benefits and employment agreements with the goal of putting together a deal that results in the appointment of your chosen candidate. -Xlost often we can turn a very difficult aspect of the recruitin,ent into one that is viewed positively by, both you and the candidate. STEP 11 CompLFrEADMINISTRNTIVE AsssmrANc ', "I'hroug)iout the recruitment we will provide the City Manager with updates on the status of the search. We will also take care of all administrative details on your behalf. Candidates will receive personal letters advising them of their status at each critical point in the recruitment. In addition, we will respond to inquiries about the status of their candidacy within tw.,enry-four hours. F-.'very administrative detail will receive our attention. Often, candidates 'Judge our clients based on how well these details are handled. Bob Murray & Associates has several key areas where we will ask for assistance frorri City- of Redlands staff as it relates to the Police Chief recrUl'tinent. 'These areas are as follows;; • At the onset of the recrUlittrient, provide Bob '-\Iurrav &,Associates with a description of the City of Redlands Police Department; nuti-iber of staff, and budget information; current Police Chief salary range and benefits; 10-15 pictures to use in the recruitirient brochure; and the Police Department's logo. • Assist Bob Murray & Associates in scheduling the "kick off" meeting with the various parties involved. • Assist Boli Murray & Associates with selection of and scheduling of -"panel members" for the final interview process. TIMING AND GUARANTEE We are, prepared to start work on this ass' ntnent itntaaediately and antic' ate that we will be prepared to male out recommendation regarding finalists ists withi seventy five to ninety day from the start of the search. ` '`ecL rasi Conduct meeting with City Mana.),,cr and Gathers involved e in the process \Vrite recmitinent brochure and ads ern sc°rne t; City, 'Manager reviews and approves materials Recruitment brochure printed and advertisements is placed 4 Active recruitment of candidates begins; resume screening C:losi l; cyte; recruiter intern,-iews top candidates and reviews recommendations with C;it�- Manager; public records search is conducted: 10-11 City INIanager interviews/panel inteaiviews follow—up interviews, and; consultant background and detailed reference checks 12 Candidate selected' GUARANTEE : N"€E We guarantee Haat should the selected candidate be terminated for cause within the first year of employment we will conduct the search again at no cost (with the exception of expenses to the City of Redlands. We are confident in our ability to recruit outstqnding outstandingcandidates; and do not expect the City of Redlands to find it necessary to exercise this provision of our proposal t ;