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HomeMy WebLinkAboutCC Resolution 10721 (Chief of Police Recruitment)RESOLUTION NO. 10721 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BOB MURRAY AND ASSOCIATES TO CONDUCT A RECRUITMENT FOR A NEW CHIEF OF POLICE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, Police Chief Camerino Sanchez has accepted a position as Chief of Police for the City of Santa Barbara and will be leaving the City of San Rafael; and WHEREAS, the City of San Rafael must conduct a comprehensive search for a new Chief of Police; and WHEREAS, Bob Murray and Associates is experienced in handling such recruitments and has an exceptional record of success in handling recruitments for Police Chiefs. NOW THEREFORE, THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE to authorize the City Manager to enter into an agreement with Bob Murray and Associates to conduct a recruitment for Chief of Police of the City of San Rafael, in an amount not to exceed $23,000. I, JEANNE M. LEONCINT, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 16th day of OCTOBER , 2000 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM13ERS: Mayor Boro _&` JE LE M. ONCINI, City Clerk w� � AGREEMENT WITH BOB MURRAY & ASSOCIATES TO CONDUCT AN EXECUTIVE RECRUITMENT FOR POLICE CHIEF This Agreement is made and entered into this 17 9day of October, 2000, by and between the CITY OF SAN RAFAEL (hereinafter "CITV), and BOB MURRAY & ASSOCIATES (hereinafter "CONTRACTOR"). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement and ROD GOULD, the City Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. BOB HURRAY is hereby designated as the PROJECT DIRECTOR for CONTRACTOR, 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: A. Provide an executive search and recruitment for a new Police Chief for CITY, as further provided in the proposal attached hereto as Exhibit "A". DUTIES OF CITY. CITY shall provide input from the PROJECT MANAGER as to his expectations and specific criteria desired for the new Police Chief.. CITY staff shall provide cooperation and information as reasonably required to assist CONTRACTOR perform the services and duties required under this agreement and shall compensate CONTRACTOR pursuant to the provisions of section 4, below. 4. COMPENSATION. For the CONTRACTOR's full performance of the duties and services described herein, CITY shall pay CONTRACTOR a total consulting fee of $16,500.00. CITY shall also be responsible for reimbursable expenses and costs including travel, clerical support, placement of ads, background checks, and newspaper searches which are projected to be $6,500.00. Total compensation paid by CITY to CONTRACTOR for all duties and services provided herein shall not exceed $23,000.00 without approval of the PROJECT MANAGER, Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR, 1 COPY -- -iii unit Ar1rAr.i.. TERM OF AGREEMENT. The term of this Agreement shall be from the execution of this Agreement until CONTRACTOR's completion of performance of all duties and services under this Agreement, or April 30, 2001, whichever is earlier. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Effect of Termination_ Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. C. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents .and employees in the performance of their duties and obligations under this Agreement. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to the CITY, an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of three hundred thousand(D3vv,vvv.iiv) dukiars per occurrence. B. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 2 [A 003 —xi OAIN NAMEL 11. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service, Notice shall be given as follows: TO CITY: Rod Gould, City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. Bob Murray Bob Murray & Associates 735 Sunrise Avenue, Suite 145 Roseville, CA 95661 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACT ' OR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 3 =-A 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of this Agreement. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, and no amendment or change to this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 17. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 18. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 19. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: J ANNE M. LEON9W, City Clerk GARY T. �` 6�11 Attorney 4 BOB MURRAY & ASSOCIATES