HomeMy WebLinkAboutContracts & Agreements_129-2012_CCv0001.pdf AGREEMENT TO FURNISH EXECUTIVE RECRUITMENT SERVICES
This agreement to furnish executive recruitment services ("Agreement{') is made and
entered into this Ie day of August, 2012 ('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 perforin executive recruitment services in connection
with City's recruitment of eight City staff positions (the "Services").
1.2 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.
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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.
2.2 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 information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Chris Diggs 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
performance 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 forth in Exhibit '-A."
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4.2 At any time during the telco 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 (20%) 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 -PAYMENTSTO CONSULTANT
5.1 City shall pay Consultant the sum of Forty Nine Thousand Five Hundred Dollars
($49,500) as compensation for the Services.
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 perfon-ned, 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 information 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:
City Consultant
Fred Mousavipour Bob Murray
MUED Director 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.
ARTICLE 6 - INSURANCE AND INDENINTIFICATION
6.1 All insurance, required 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
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provision prohibiting cancellation of the policy except upon thirty(30) 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
its performance of the Services in accordance with the laws of the State of California,
with an insurance carrier acceptable to City as described in Exhibit "B," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain
comprehensive general liability insurance with carriers acceptable to City. Minimum
coverage of One Million Dollar,-, ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) 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 Business Auto Liability Insurance. Consultant shall secure and maintain business auto
liability coverage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for bodily injury liability and property damage
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.
6.5 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City and its elected officials, 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 occasioned by Consultant's and its officers', employees'
and agents' negligent acts or omissions, or willful misconduct, in performing the
Services.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 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,
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(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 performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302.
7.2 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 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 Patty.
8.2 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.
8.3 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 Unless earlier terminated, as provided for herein, this Agreement shall terminate upon
completion and acceptance of the Services by City. 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.If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but
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(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 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 This Agreement, including the Exhibits 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 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 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 sarne shall be deemed severable fi-om 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 Patty of a
material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duty authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS BOB MURRAY&ASSOCIATES
A
By"' By:
N. Enrique Martinez, City Manager Bob Murray
Att st*
Sam Irwin,City Clerk) ul-
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will perform recruitment services for eight city staff positions. These positions
include:
1. Principal Project Manager(1)
2. Senior Project Manager(3)
a. Quality of Life— 1
b. MUED-2
3. Senior Construction Inspector(1)
4. Regulatory Compliance Supervisor(1)
5. Field Services Manager(1)
6. Field Services Supervisor(1)
Consultant will develop the candidate profile for each position receiving ample clarifications
from MUED and QoL representatives regarding these specific requirements. This profile will
identify the specific needs for each City position and for each department seeking a position to
be filled. Each candidate profile will be completed in a professional manner that will attract
qualified candidates to seek employment with the City.
Consultant will then develop an aggressive advertisement campaign and recruitment brochure for
each position. The strategy will be centered on locating,identifying, and attracting qualified
applicants that will meet the specific needs for each City position and for each department
seeking a position to be filled.
Upon approval of the candidate profile, advertisement campaign and brochure, Consultant will
begin an active and aggressive recruitment campaign. Recruitment will include,but is not
limited to,identifying prospective applicants through Carcerbuilderwm, and/or Monster, and
all other methods to compile an ample pool of qualified applicants to choose from. During this
process, Consultant will screen the,applications received and provide a list of qualified applicants
for each position.
Consultant will complete this Scope of Set-vices in 6 weeks from the date of this agreement.
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EXHIBIT "B"
WORKERS'COMPENSATION INSURANCE CERTIFICATION
TO PERFORM OF RECRUITMENT SERVICES
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code §1861).
Bob Murray&Associates
By
Bob Murr
At Date:
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