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HomeMy WebLinkAboutA6897-1 BOB MURRAY & ASSOCIATES - EXECUTIVE RECRUITMENT CONSULTING SERVICES AGREEMENT (Executive Recruitment for a City Attorney by Bob Murray&Associates) THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on August 18, 2016, by and between the City of Palm Springs, a California charter city and municipal corporation (`City'), and Bob Murray & Associates, a recruitment agency, ("Consultant'). City and Consultant are individually referred to as "Party' and are collectively referred to as the "Parties". RECITALS A. City requires the services of a recruitment agency for an executive recruitment for a City Attorney, ("Project'). B. Consultant has submitted to City a proposal to provide an executive recruitment for a City Attorney to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements. City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide an executive recruitment for a City Attorney, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services' or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of'the services required by this Agreement. Revised.515/16 720599 1 ORIGINAL BID AND10R AGREEMENT 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $24,400. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment. Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:515l16 72U599.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate n of any necessary delay, and extend the time for performing the services the facts and the extent }. p g > y for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year, commencing on August 18, 2016, and ending on August 17, 2017, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination. Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Gary Phillips, Executive Vice President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ('Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any , Revised:51506 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role: however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Gary Phillips Executive Vice President Various/Administrative Consultant assigned Administrative Staff to assist as necessary 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, q Revised:515/16 7'_U5`1a.1 or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties 1'or such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an - action is timely tiled, until such action is final. phis provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desien Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8. then: A. To the fullest extent pennitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party", collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("'Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 5 Revised'.5/5/15 ROi99 I 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 6 Revised:5/5116 7205`19.1 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties arc cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Leaal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Revised:515/16 731 694,1 To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Bob Murray $ Associates Attention: Gary Phillips, Executive Vice President 1544 Eureka Road, Suite 280 Roseville, California 95561 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Bene6ciary- Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authoritv. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 8 Revised-5/506 P_USTi.I IN WITNESS WHEREOF, the Parties have executed this Agreement as of' the dates stated below. "CIT V" City of Palm Springs Date: U 'a J 1b B9. � David H. Ready City Manager APPROVED 8 Cum, APPROVED AS TO FORM: ATTEST ' By: By: Douglas C. Holland, mes Thompson, City Attorney City Clerk "CONSULTANT" Bob Murray& Associates Date: �G r G r hillips Executive Vice President 9 Revised:515l16 7?p¢19.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 10 Revised 515/16 7'_l1$9e 1 Ail BOB MURRAY a & AssOCIATES = l EXPENTS IN EXSCLITIYK®S.WUN 4���� 19 f { l p'I CI Y€ A PROPOSALTO CONlliJCT AN EXECIJTIVE �j i; RECR ITMENT FOR A € Cite Attorney ON BEHALF OF THE City of Palm Springs I i 1 ' t x t�i fr June 13, 2016ir(i,t(i f +ui. rm Mr. David Ready, Cite Manager City of Palm Springs 320o H"f ahquitz Canyon \k'ay Palm Springs, CA 92262 Dcar Mr. Rcadv: Thank you for inviting Bob Murray & Associates to subnut a proposal to conduct the Citv Attorney recruitment for the City of Palm Springs. The following proposal details our qualifications and describes our process of identifying, recruiting and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline,and sample recruitment brochure At Bob Murray & Associates, we pride ourselves on providing quality service to l local governments. We have created a recruitment process that combines our { ability to help you to determine the direction of the search and the types of candidates you seek w th our experience recruiting outstanding candidates- who are not necessarily looking for a job. Our proven expertise ensures that the candidates we present for your consideration will match the criteria you have established and will be outstanding in their field. With respect to the City Attorney recruitment, Bob Murrav & Associates offers the following expertise Our firm has an unmatched record of success in recruiting local government professionals. With over 25 years of experience,we have conducted hundreds of searches for municipal and special district executives, including legal counsel executives. We are currently conducting the public Defender recruitments for Orange County and for Santa Barbara County,CA as well as the Citv Attornev for the City of Moreno Valley, CA. We have recently completed the City Attorney recruitment on behalf of the cities of Concord, Inglewood, and Sunnyvale, Cif; the Assistant Citv Attorney recruitment on behalf of the City of Fremont, CA; and the County Counsel search on behalf of the County of Sacramento. We previously conducted Citv Attorney recruitments for the cities of Orange, Merced,Morgan Ilill, Santa Ana, Sunnyvale, and Thousand Oaks, CA and the outreach efforts for the City Attorney in Gilbert, AZ; the County Counsel recruitment on behalf of the County of Sacramento, CA; and the General Counsel recruitment on behalf of the San Bernardino Associated Governments, CA (SANBAG). Our previous recruitment experience includes conducting recruitments on behalf of the cities of Lathrop,Monterey, Morgan I fill, Newport Beach, Oceanside, Palo Alto, Salinas, San Mateo, Stockton, Ventura, as well as the Assistant Cite Attornev searches for the City of IIavward and the Assistant Countv Counsel recruitment on behalf of Yolo County, CA, the City of North Las'Vegas, NV;and the Presiding judge recruitment on behalf of Aurora,CO. Our knowledge of outstanding candidates and extensive network of contacts will ensure that the City of Palm Springs has an outstanding group of finalists from which to select the new City Attorney. mi&, V Bob Murray & Associates is familiar with the City of Palm Springs and the community it serves. We have most recently completed your Fire Chief and Commututy&l�cononuc A Development Director recruitment. Other previous recruitments on behalf of the Citv of Palm Springs include the Director of Planning Services recruitment and ,your Police Chief �� } recruitment. We also prchiously conducted the I Inman Resources ,Manager recruitment i on behalf of the Desert Water Agency,which is located within Palm Spring's city limits. Our knowledge of the community and its outstanding quality of life will be an asset when conducting these recruitments. `a A significant portion of our process focuses on conducting thorough and confidential background investigations of the top 2-3 candidates to ensure that nothing about - them is left undiscovered. We have candid discussions with references who have insight into the candidate's experience, style and ethics; conduct a search of newspaper articles; and run credit, criminal and civil records- reports. This ensures that the chosen candidate will not onlv be a❑ excellent fit with the City, of Palm Springs, but also that the selected candidate will reflect positively upon your organization. To learn first-hand of the quality of our service and our recruitment successes, E we invite you to contact the references listed on page 10 of the attached proposal. i We look forward to your favorable consideration of our qualifications. Please do i i not hesitate to contact us at(916) 78 4-9080 should you have any question Sincerely, Valerie Gaeta Phillips President, Bob Nlurrav &Associates i a TABLE OF CON'1"INTS THE RECRUITMENT PROCESS.......................................2 I:I, I I)I SI'jI w[At; '1l:l;{,.AAI111)l=a'. IlRo i11.1 ................... _._... . E AIi AVO AIICVI HRU(.I II.RI>--- .._ � 1 ............ ... ._.._.. ..__._. ._....2 i { I.R\"Ili\C'-. . . .._.._.._ ___..__ . _._.._.__...___............_.....> G Ir. R l )LU tiI..AIt(`I .................. ' Snr? K[ 4;nynu �,t) t1x1�.... ._..._.... ..._..__... ._......_.._ ......__.........3 Srr.[' 1lv vI. I rr.tty ir.v�;:..... ........... ...-......... ......... _.... ...... { 4 S-CI-I'913 U.L:C1' H'.AD(,IILt'h_i I.I) RIll Ri (,I 11Ch..._........_...._.-.-I� ,x 1 3 5CI(P ll ( �.�I!'LG'11. :111:AIIA'h RVIIAI' .A��ttil1V� I: . .._... ................. BUDGET AND TIMING ......................................................5 SSII)� V.j'I�.i 1�l) 1-.51'I \}I-> ...... ............... . .._........... _........... .......;) .�..!\II\tl.. . ._......_.... ...._._.._.... . ....._...__ ........ . .. ... . ........._....) i. PROFESSIONAL QUTALIFICATIONS................................6 REFERF,NCES.....................................................................10 s [ nrE i`did i>IaiYa T14E RECRUITMENT PROCIESS w Bob Murray & Associates' unique and client oriented approach to executive search will ensure that the City of Palm Springs has quality candidates from which to select the new Cin Attorney. Outlined below are the key steps in our recruitment process. Sl,laP 1 DJ A I,I.ohrme 1 nh CANumATF, PRoullt-. Our understanding of the City of Palm Springs's needs will be key to a successful search. We will work with the City Manager to learn as much as possible about the organization's expectations for a new City Attorney. We want to learn the values and culture of the organization, as well as understand the current issues, challenges and opportunities that face the City of Palm Springs. We also want to know the City Manager's expectations regarding the knowledge, skills and abilities sought in the ideal candidate and will work with the City to identify expectations regarding education and experience. Additionally,we want to discuss expectations regarding ' compensation and other items necessary to complete the successful appointment of the ideal candidate. The profile we develop together at this stage will drive subsequent recruitment efforts. SIF.P 2 Aim,,w tsimi CAMPAIGN AND RLCRI.'ItVIEN'I BROC'm lu, I After gaining an understanding of the City of Palm Springs's needs, we will design an effective advertising campaign appropriate for the City Attorney f recruitment. We will focus on professional journals that are specifically suited to the City Attorney search. We will also develop a professional recruitment brochure on the City, Manager's behalf that will discuss the community, organization, position and compensation in detail. Once completed, we will mail the profile to an extensive audience, making them aware of the exciting opportunity with the City of Palm Springs. STEP 'I RI,CRI'ITING CANDIDiVII?9 i 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 making , personal calls to prospective applicants, designed to identify and recruit outstanding candidates. We recognize that the best candidate is often not looking for a new job and this is the person we actively seek to convince to become a candidate.Aggressively marketing the City Attorney position to prospective candidates will be essential to the success of the search. i S".CP.I'$ 5( Iil ISNING C.ANDIDA ITS Following the closing date for the recruitment, we will screen the resumes we have received. We will use the criteria established in our initial meetings as a basis upon which to narrow the field of candidates. City of Palm Spings S'rt:;PjPERSONAL INTERVIEWS We will conduct personal interviews with the top 10 to 12 candidates with the goal of determining which candidates have the greatest potential to succeed in your organization. j Daring the interviews we will explore each candidate's background and experience as it , relates to the City Attorney position. in addition, we will discuss the candidate's motivation for applying for the position and snake an assessment of his/her knowledge, a skills and abilities. We will devote specific attention to establishing the likelihood of the candidate's acceptance of the position if an offer of employment is made. S it:P G Pt m,ic RECORD SRARCI`I j I Following the interviews, we vvill conduct a review of published articles for each recommended candidate. Various sources will be consulted including Lexis- ; Nexis"'a, a newspaper/magazine search engine, Google, and social media. This alerts us to any further detailed inquiries we rnav need to make at this time. �+ Sri:P J RLCOMNIIINDATION - Based on the information gathered through meetings with your organization and personal interviews with candidates, we will recommend a limited 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 the final l dcternunation of those to be considered will be up to vou. S F[:P 8 FINAL INr]'RVIL X Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits vour needs, whether it is a traditional interview, multiple interview panel or assessment center process. We will provide you with suggested interview questions and rating forms and will be present at the interview/assessment center to facilitate the process. Our expertise hes in facilitating the discussion that can bring about a consensus regarding the final candidates. We will work closely with vour staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience, as the manner in which the entire process is conducted will have an effect on the candidates' perception of your organization. i Cii)•of Palm Springs 3 {id m k v? EM —aa tit STEP 9 BACXGROI ND 0 JLCKS/Di I.Au.i.l>RLI FNCI:CHECKS Based on final interviews we will conduct credit, criminal, civil litigation and motor vehicle record checks for the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest ] appraisal of the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several years. Additionally, we make a point of speaking confidentially to individuals who we know have insight into a candidate's abilities, but who may not be on their preferred - list of contacts. At this stage in the recruitment we will also verify candidates' degrees. STP,P 10 Nt'GVTLATIONS ' We recognize the critical importance of successful negotiations and can 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 issues such as housing and relocation. We will represent your 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. Most often we can turn a very difficult aspect of the recruitment into one that is viewed positively by both you and the candidate. STEP 21 C:owi_i',j,F AlATINIS I Wk i ix t; Assisi_ANCis I Throughout 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 candidate within twenty-four hours. l:very administrative detail will receive our attention. Often, candidates judge our clients based on how ' well these details are handled. i i City of Palm Springs - tau 3 IriVii� Y S.til BUDGET AND TIMING ,g PItOH SSIONAl, FEE AND EX ENSI, The consulting fee for conducting the City attomev recruitment on behalf of the City of , Palm Springs is $17,500 plus expenses-. Services provided for in the fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The City of Palm Springs vvill be responsible for reimbursing expenses Bob Murray & Associates incurs on Vour behalf. We estimate expenses for this project not to exceed $6,900. Reimbursable expenses include such items as the cost of recruiter travel; clerical support; brochure development; express mad delivery; placement of ads; credit, 10 criminal and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated i1 costs and included in the expense estimate. 3 I '3 TIMING We are prepared io start work on this assignment immediately and anticipate that we will be prepared to make our recommendation regarding finalists within seventy-five to ninety days from the start of the search. Task: Week: Contract Start Date: TBD Initial Mccting(s): 1 week from contract start date Our firm develops recruitment brochure: 2 weeks from contract start date City approves brochure: 4 weeks from contract start date Job advertising and candidate sourcing: 8 weeks from contract start date Our firm reviews application packets: 9 weeks from contract start date Our finn conducts screening process: 10 weeks from contract start date City approves candidates: 12 weeks from contract start date City's interview panel convenes: 13 weeks from contract start date Reference/Background Checks: 14 weeks from contract start date 5 Second Interviews by City, if necessary: 15 weeks from contract start date Offer of Employment: 16 weeks from contract start date Giy of Palm Springs I 5 i4 a_3 PROFESSIONAL QIJALIFICATI(7NS Boti MURRAY, FOGNll13R Mr. Murray brings over 30 years' experience as a recruiter. Mr. Murray is recognized as one i of the nation's- leading recruiters_ He has conducted hundreds of searches for cities, � .7, counties, and special districts. Ile has been called on to conduct searches- for some of the largest most complex organizations in the country and some of the smallest. Mr. Murray has conducted searches for chief executives, department heads, professional and technical positions. Mr. Murray has taken the lead on the firm's most difficult assignments with great success. His clients have retained him again and again given the quAty of his work and success in finding candidates for difficult to fill positions. r-e 7 Prior to creating Bob Murray & :Associates, Mr. Murray directed the search ' practice for the largest search company serving local government in the county`=. s Mr. Murray has worked in local government and benefits from the knowledge of having led an organization. Prior to his career in executive search he served as the City Manager for the Citv of Olympia, Washington. Ile has also served as art Assistant Ctri Manager and held various positions in law enforcement. <3 'l Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkclev with graduate studies in Public Administration at California State University at Havward. r'I i i I City of Palm Springs t i pffJrt is �xM ". VAIAARH (,AETA P1111JAPS,PIa I a IN Ms. Gacta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies P P 1 Pat. nationwide. Ms. Gaeta Phillips has expertise in the full recruiting cycle, from process design and outreach through candidate assessment and selection. She has placed senior- level candidates in various aspects- of the public sector, as well as with special districts and nonprofits. Nis. Gaeta Phillips is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients' success. Nis. Gaeta Phillips has a passion for helping people, evidenced by her fundraising and efforts to raise awareness for organizations such as Autism Speaks and the M.1.N.D. Institute. GA R)'PIITIAAPS,EXECUTIVE VE `v'ICF.PRESIDEN I =1 i Mr. Phillips started his career with a New York based Fortune 100 company and (trickly became a Senior Manager building and running a large customer service organization in New York and eventually in thirteen countries in Europe. He also served as a Director with a large Fortune 500 company and was responsible E for developing and maintaining new and existing clients in Europe, Asia, and Australia. He then became Senior Vice President with a public enterprise software company. Some of his successes include building an organization from 2 to 250 people worldwide; acquiring 5 companies in two years; and growing a company from 800 to 1200 employees. Mr. Phillips was part of an executive acquisition and recruiting team where he helped build a start-up enterprise software company in San Francisco. Ile recruited top notch talent,and built a world class organization. The company was eventually sold to a Fortune 500 software company. Mr. Phillips has maintained customer relationships in the public sector, private sector, as well as medical, and financial institutions. I le prides himself on finding kev talent and offering the best customer service to his clients. Mr. Phillips is involved in his community as a soccer coach and as an organizer of fundraisers for Autism Speaks in Sacramento. Mr. Phillips received his Associate of Science degree, as well as completed coursework at Rochester Institute of Technology, NY. 3 City of Palm Springs I'acr a i" i L 116AN W ILLU MS,SENtOl2 <'UT Pill1SIDENT '; Mr. Williams brings 30 years of local government experience to Bob Murray & Associates and has over 15 years of experience in executive recruitments with our firm. Prior to joining - Bob Murray & Associates, Mr. Williams served as Director of Public Safety with the City of Sunnyvale, C.A. Mr. yC"illiams was involved in the development of some of Sunnyvale's most innovative public safety programs and has a national reputation for excellence in ar law enforcement, as well as in law enforcement executive recruiting. He has been responsible for over 300 recruitments throughout his career; clients find his insight and expertise in recruitment and selection a valuable asset. =3 Mr. Williams received his Bachelor of Science Degree in Adrninistration of Just ce from San lose State University-. He is also a graduate of the FBI National Academy. i _JOLL BRXDLN,VICE PRP.slm7 'NT Mr. Bryden has over 30 years of local government experience that he brings to j the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining our firm. Throughout his career, Mr. Bryden has been involved in public sector consulting. I Ie has vast experience in hiring and promotional processes, as wellk as interviewing candidates for advancement in all aspects of local government i Mr. Bryden has a solid reputation as a leader in the public sector. His ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Mr. Brvdcn is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State Guversity. h3Ll:F)FRELMAN.,VICV PRISIDI Ni Mr. Freeman brings over 24 years of local government experience to Bob Murray &Associates,with 11 years in the recruitment field. Mr. Freeman is a retired Chief of Police and has served as an elected official in local government. He has vetted , hundreds of local governmental officials in the pre-employment process and conducted recruitments for positions in all sectors of public agency employment. In addition to his career in the law enforcement field, Mr. Freeman served as the Mayor and the blavor Pro-Tcm for the Los Alamitos City Council. Mr. Freeman has been a member of the Public Safety Policy Committee - Cahfomia League of Cities; the Orange County Dire Authority Board of Directors; and the Orange Line Development Authority as the Vice-Chair. I Its unique perspecfive and experience, as both a member of executive city staff and as an elected official, provides exceptional results for our clients. Mr. Freeman is a graduate of the FBI National Academy and received his 'Teaching Credential from the University of California Los Angeles. City of Palm Spnngs Paps g :rtiC.I'I` 1rI AMBI'li SML 11, Pit INCIPAi.C,ON9i lla'AN'l �} al Consultant with Bob Murrav & Associates, Ms. Smith acts as a liaison between As Princip ' 3 clients and candidates from beginning to end of each recruitment process. She is responsible for the development and distribution of position recruitment and advertising materials, client research, reference and background checks, responding to requests for , proposals, and providing a broad range of support services for the recruiting team. a�a: Ms. Smith brings over 5 tears of client-oriented customer service, adininistrativc, and management experience to Bob Murrav & Associates. She is committed to working as i a partner with clients and candidates in order to provide a quality service and experience { Ms. Smith received her Bachelor of Arts degree in Business Administration from La Sierra University, Riverside, California. SAItAI-I Ki.NNI A, SI.NIOR CON S1 1,1`.AN"I` ' As a Senior Consultant with Bob \lurrav & Associates, Ms. Kenney acts as a liaison among clients, recruiters, and candidates from beginning io end of each recruitment pnrccss. She is responsible for the dcvclopnn,nt and distribution of I posirio❑ recruitment and advertising materiah, client and candidate tc>eareh, reference and background checks, respunding to requests for proposals, and providing it broad range of support cervices for the recruiting ream. 'I A1s. Kenney joined our firm in 2010 with over a decade of professional, man ��*erixl, and customer sere°ice experience. Our cheats appreciate her thorough and accu ate work, respnnsiveness, and support throughout the search pro(cs,. ,Ms. Kcnncl received her Bachelor of Scicnce dt,grec in CDmtllunieati%e Disorders and llcafl:ducaiion front t tah State l'ilk ersw and her Bachelor of Arts degree in Psi choinge from the l`university of California at Davis. I ADAAT CARP,OITICG COORDINAJ OR Mr. Adam Carp is the Office Coordinator at Bob Murray & Associates. fie is the first point of contact ai Bob Murrav & Associates and has years of administrative experience. Mr. Carp actively contributes to Bob Murray and Associates' goal of providing exceptional customer service through dose coordination and follow through with our clients and candidates alike_ Mr. Carp received his Bachelor of Arts degree in Spanish from the University of California, Los Angeles. City of Palm Springs Pee.0 9 A- 1 ' 9wr"#:pit REFERENCES ry Clients and candidates are the best testament to our ability to conduct quality searches. E Clients for whom Bob Murray & associates has recently conducted searches are listedh below. I CLIENT: City of Merced, ("A POSITION. City Attorney and City Manager RFFF,RENCF: Mavor Stan Thurston, (209) 385-683-1 CLIENT. City of Orange, CA POSITION Citv Attorncv REFERENCE. Mayor Theresa Smith, (714) 744-2200;or Mr. Steven Pham, I luman Resources Director, (714) 744-7255 i CLIENT• City of Sunnyvale,CA POSITION, Cin, Attorney, City Manager, and Director of Public Sa fe tv REFERENCE. Ms. Teri Silva, Human Resources Director, (408) 730- 749E i City of Palm Springs I'a ec 10