HomeMy WebLinkAboutA6067 - BOB MURRAY & ASSOCIATES CHIEF OF POLICE RECRUITMENT PROFESSIONAL SERVICES AGREEMENT
This agreement is made by and between the City of Palm Springs (the City), and Bob
Murray&Associates(the Consultant).
A. Engagement: The City agrees to engage the Consultant to perform the services
described below, the project described as an executive recruitment for a Police
Chief(the Search).
B. Services: The Consultant agrees to perform certain services necessary for the
completion of the search, which services shall include the following:
a. Develop the Candidate Profile
b. Develop Advertising Campaign and Recruitment Brochure
c. Recruit Candidates
d. Screen Candidates
e. Conduct Personal Interviews
f. Conduct Public Record Search
g. Provide Recommendation
h. Assist with Final Interviews
i. Conduct Detailed Reference Checks
j. Assist with Negotiations
k. Provide Complete Administrative Assistance
As described in the proposal dated January 12, 2011.
C. Relationship: The Consultant is an independent contractor and is not to be
considered an agent or employee of the City:
D. Compensation: As full compensation for the Consultant's professional services
performed hereunder, the City shall pay the Consultant the fixed amount of
$16,000(sixteen thousand dollars).
E. Expense Reimbursement: The Consultant shall be entitled to reimbursement for
expenses from the City for consultant travel, advertising, printing and binding,
clerical, long distance charges, postage and delivery, civil, criminal and
newspaper checks, and credit checks (Expenses). Postage, photocopying, and
telephone charges are allocated costs. Expenses to be reimbursed shall not exceed
$5,500 (five thousand, five hundred dollars) without prior approval of the City.
Consultant shall maintain receipts for any Expenses for which reimbursement is
sought, and provide such receipts to City upon request.
F. Compensation for Additional Services: In the event the City elects to require
additional services of the Consultant in addition to those described in paragraph B
the Consultant shall be compensated at an agreed upon rate.
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G. Method of Payment: The City shall be billed monthly by the Consultant for the
work completed and Expenses incurred as of that date.
H. Term: The term of this agreement shall commence on February 9, 2011 at which
time Consultant shall begin work on the Search and shall continue until the
Search is completed.
I. Termination: This agreement may be terminated; (a) by either party at any time
for failure of the other party to comply with the terms and conditions of this
Agreement; (b) by either party upon 10 days prior written notice to the other
party; or (c) upon mutual written agreement of both parties. In the event of
termination, the Consultant shall stop work immediately and shall be entitled to
compensation for professional fees and Expense reimbursement to the date of
termination.
J. Indemnity: Except for loss, damages, liability, claims, suits, costs and expenses
whatsoever, including reasonable attorney's fees, caused solely by the negligence
of the City, its Council,boards, commissions, officers and employees, Consultant
shall indemnify, defend and hold harmless the City, its Council, boards and
commissions, officers, and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable
attorney's fees, regardless of the merits or outcome of any such claim or suit
arising from or in any manner connected to Consultant's negligent act or omission
regarding performance of services or work conducted or performed pursuant to
this Agreement.
K. Insurance: Consultant shall procure and maintain, at its sole cost and expense, in
a form and content satisfactory to City, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise
specified herein, against claims which may arise from or in connection with the
performance of the services hereunder by Consultant, its agents, representatives,
or employees.
a. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard
industry form professional liability (errors and omissions) insurance
coverage in an amount of not less than one million dollars($1,000,000.00)
per claim.
b. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers'
compensation insurance in at least the minimum statutory amounts, and in
compliance with all other statutory requirements, as required by the State
of California. Consultant agrees to waive and obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require
each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies.
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c. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a
policy of commercial general liability insurance written on a per
occurrence basis with a combined single limit of at least one million
dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for
contractual liability, personal injury, independent contractors, broad form
property damage, products and completed operations. The City, its
officers, employees and agents shall be named as Additional Insured.
d. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of
business automobile liability insurance written on a per occurrence basis
with a single limit liability in the amount of one million dollars
($1,000,000.00) bodily injury and property damage. The policy shall
include coverage for non-owned,leased, and hired cars.
L. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be
assigned or delegated by the Consultant without the prior written consent
of the City.
c. This agreement shall be modified only by written agreement duly executed
by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or
voidable by a court,the remaining provisions shall remain in full force and
effect.
e. This agreement shall be governed by and construed in accordance with the
laws of the State of California.
f All notices required or permitted under this agreement shall be deemed to
have been given if and when deposited in the United States mail, properly
stamped and addressed to the party for whom intended at such party's
address listed below, or when delivered personally to such party. A party
may change its address for notice hereunder by giving written notice to the
other party.
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Wherefore, the parties have entered into this agreement as of the later of the dates stated
below.
Approved:
Dated:February 9, 2011 Bob Murray&Associates
By:
Title: President
1677 Eureka Road, Suite 202
Roseville, CA 95661
Dated: Fes& Z 2011 City of Palm Springs
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APPROVED BY CR COUNCIL ATTEST:
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