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CM Fire Chief Recruitment Consultant AgreementPROFESSIONAL SERVICES AGREEMENT This agreement is made by and between the CITY OF SAN RAFAEL (the CLIENT), and BOB MURRAY & ASSOCIATES (the CONSULTANT). A. Engagement: The CLIENT agrees to engage the CONSULTANT to perform the services described below, the project described as an executive recruitment for a FIRE CHIEF (die 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 attached Exhibit A, proposal dated OCTOBER 3, 2019. C. Relationship: The CONSULTANT is an independent contractor and is not to be considered an agent or employee of the CLIENT. D. Compensation: As frill compensation for the CONSULTANT's professional services performed hereunder, the CLIENT shall pay the CONSULTANT the fixed amount of $17,500 (Seventeen Thousand Five Hundred Dollars). This amount includes three (3) meetings on site at CLIENT's place of business between CLIENT and CONSULTANT. Additional meetings will incur additional professional services fees as described in the proposal (Optional Services). E. Expense Reimbursement: The CONSULTANT shall be entitled to reimbursement for expenses from the CLIENT for consultant travel; advertising; recruitment brochure layout, typeset, and printing; clerical; express mail delivery; printing and binding; background and public records checks; education verification; and credit checks. First class mail postage, photocopying, and telephone charges are allocated costs. Expenses to be reimbursed shall not exceed $6,900 (Six Thousand Nine Hundred Dollars) without prior approval of the CLIENT. Documentation of reimbursable expenses shall be provided upon request of the CLIENT; failure to request documentation prior to receipt of CONSULTANT'S invoice shall not serve as reason to delay payment. y -3 -9 -?t F. Compensation for Additional Services: In the event the CLIENT 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. G. Should a candidate recommended by our film position resign or be terminated within the fust 12 months of employment, we will provide the CITY OF SAN RAFAEL with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the CITY OF SAN RAFAEL's behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the CITY to find it necessary to exercise this provision of our proposal. H. Method of Payment: The CLIENT shall be billed monthly by the CONSULTANT for the professional services completed as of that date. Expenses shall be billed and due at the same time. Invoices shall be submitted to the following individual or department in the CLIENT organization: Invoicing/Billing Contact: C ;dl,-) &C ),46,d o I. Term: The term of this agreement shall commence upon a fully executed agreement, at which time CONSULTANT shall begin work on the Search and shall continue until the Search is completed. Completion of work is defined as the CLIENT'S offer being accepted by the selected candidate. J. 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 and for any work necessitated by that termination. K. Indemnity: Except for loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, caused solely by the negligence of the CLIENT, its Council, boards, commissions, officers and employees, CONSULTANT shall indemnify, defend and hold harmless the CLIENT, its Council, boards and comimissions, 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 clairn 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. L. Miscellaneous: a. The entire agreement between die parties with respect to the subject matter hereunder is contained in this agreement. b. Neidier dais agreement nor any rights or obligations hereunder shall be assigned or delegated by die CONSULTANT widiout die prior written consent of die CLIENT. c. This agreement shall be modified only by written agreement duly executed by dle CLIENT and the CONSULTANT. d. Should any of die provisions hereunder be found to be invalid, void or voidable by a court, die 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 requited or permitted under diis agreement shall be deemed to have been given if and when deposited in die United States snail, properly stamped and addressed to die 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 die other party. Wherefore, die parties have entered into this agreement as of die later of the dates stated below. Approved: Dated: October 7, 2019 Dated: 10 Z 14 ' , 2019 BOB MU Y & ASSOC TES By: 6u�� Gary Plvliips v Tide: Executive Nice President 1544 Eureka Road, Suite 280 Roseville, CA 95661 CITY OF SAN IiAFAEL By: ^ .� Tide: City Manager EXHIBIT A B©B MURRAY & Assoo ATE5 EiiFKRTCi IN EXRCUTIVC 6PARCH A Proposal to Conduct an Executive Recruitment for the Position of FIRE CHIEF on behalf of the CITY OF SAN RAFAEL 1544 f?urcka Road, Suitc 380 Roseville, G-\ 95661 (916) 784-9080 (916) 784-1985 fax October 3, 2019 MR. JIM SCHUTZ CITY MANAGER CITY OF SAN RAFAEL 1400 FIFTH AVENUE, ROOM 203 SAN RAFAEL, CA 94901 Submitted Via Email To: cristine.alilovich@cityofsanrafael.org Dear Mr. Schutz: Bob Murray & Associates is pleased to submit a proposal to conduct the Fire Chief recruitment for the City of San Rafael. The following details our qualifications and describes our systematic yet flexible ---method of identifying, recruiting, and screening outstanding candidates on your behalf It also includes a proposed budget, timeline, and guarantee. At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms. Our recruitment process helps you to determine the direction of the search and the types of candidates you seek while capitalizing on our decades of experience and vast network of contacts to reach those candidates. Our expertise ensures that the candidates we present to the City of San Rafael will match the criteria you have established, be a good fit for your organization, and be outstanding in their field. We understand tie method used to conduct a Fire Chief search is of great importance. In previous searches we have assisted our clients in designing a process that provides a forum for the participation of members of the City Council, Fire Department, Department Heads and community leaders in developing the profile of the ideal candidate. We have also advised our clients and designed interview strategies that involve these groups in the selection process while ensuring that the City Manager is able to make the final selection. With respect to tie Fire Chief recruitment and the City of San Rafael, Bob Murray & Associates has an unmatched record of success in recruiting local government professionals including those in the field of fire service. We are currently conducting Fire Chief recruitments on behalf of tie City of Boulder City, Nevada, and the City of Yuba City, California. We recently completed Fire Chief recruitments on behalf of the California cities of Manhattan Beach, Milpitas, Marysville, Davis, Folsom, Hollister, Manteca, Montebello, Palm Springs, Roseville, Seaside, South San Francisco, Tracy, Vacaville and Vallejo, CA. We also recently conducted the Fire Chief recruitment on behalf of the East Bay Regional Park District, CA; as well as the Fire Marshal recruitment on behalf of the City of South San Francisco, CA and the Assistant Fire Marshal and Hazardous Materials Assistant Fire Marshal recruitments on behalf of the Santa Clara County Central Fire Protection District, CA. Our extensive contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the City of San Rafael's next Fire Chief. We work as a team on every search at Bob Murray & Associates. Your Project Lead would be GaiTPhillips or Regan Williams, who would not only direct and supervise the project team from beginning to end but also serve as the Recruiters for the project as well. To learn fust -hand of the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 14 of the attached proposal. We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 with any questions. Sincerely, , Valerie Gaeta Phillips President, Bob Murray & Associates TABLE OF CONTENTS THE RECRUITMENT PROCESS............................................................... 2 STEP 1 DE\'L3L0P TI IE CANDIDATE PROFILE....................................................... 2 Opliolia/.Senlie : CollllillllliJ, and.Y1q#J1no1remelrl...................................................... 2 STEP 2 DESIGN/DISTRIBU'I'I- BROCI IURI-- _\ND ADVERTISE\M NT'5................... 2 Reachilig D l'erve Caiididalo.......................................................................................... 3 STEP 3 RECRUIT C_ NDID_1TI35................................................................................ 3 STEP 4 SCREEN C_ NDIDATIwti................................................................................. 4 STEP 5 CONDUCT PRLLI\IIN_\RY INTI3R\'II3\\'S..................................................... 4 STEP 6 SE_\RCI I PUBLIC RECORDS.......................................................................... 1 STEP 7 N'L\hE RIuCO\I\LEND_TIMS....................................................................... 4 STi P 8 h_\CILITATI. FINAL INTER\'I13\C'S................................................................ 5 STEP 9 CONDUCT 13:\CKGROUND AND REFERI?NCI CI-fEChS ............................ 5 STEP 10 ASSIST IN NI3GOTIATIONS........................................................................ 6 COMPLETE ADMINISTRATIVE ASSISTANCE ....................................... 6 COSTS AND GUARANTEE.......................................................................... 7 PROFS SSION.\I, FFE _\ND I?LPI NSL:S...................................................................... 7 Opliollel/ Selmice.r........................................................................................................... 7 GU_\R.-1\TI'I;.............................................................................................................. 8 RECRUITMENT SCHEDULE..................................................................... 8 FIRMPROFILE............................................................................................. 9 REFERENCES..............................................................................................14 THE RECRUITMENT PROCESS Bob Murray & Associates' recruiters are specialists in finding the perfect fit, providing security and fairness to candidates and clients while ensuring the integrity of the search process. We understand that superlative recruiting for the Fire Chief will lead to superlative results for the City of San Rafael. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search. STEP 1 DEVELOP THE CANDIDATE PROFILE Our understanding of the City of San Rafael's needs will be key to a successful search. Gary Phillips or Regan Williams will meet with the City Manager and key stakeholders to learn as much as possible about the ideal candidate for the Fire Chief position. We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of San Rafael. Mr. Phillips or Mr. Williams will review and help define the City's wish -list regarding the ideal candidate's personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The City Manager and Mr. Phillips or Mr. Williams will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop togetier at this stage will drive subsequent recruitment efforts. %/ioll(11 Se1711'i e: C0111l1111/1!1)e d//(/ S/(1# I /IPOI11(711 111 We find that many of our clients value a recruitment process that opens die opportunity for community members, business leaders, organization representatives, and employees to provide input regarding die ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes. If die City of San Rafael so desires, we will work with die City Manager to create a customized community and/or staff input process. STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS Mr. Phillips or Mr. Williams and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of San Rafael to create a professional recruitinent brochure, with the assistance of our professional graphic designer. The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by tie City of San Rafael that you feel best represent your organization and your community. Upon your approval, Mr. Phillips or Mr. Williams will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the Fire Chief position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits Bob Murry & _\sso61tes Proposal for the CitA- of San Rafael Page weekly and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference. Mr. Phillips or Mr. Williams will also design an effective advertising campaign appropriate for the Fire Chief recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as lVestenn GO Aingcrtiine, the "Jobs Available" newsletter, and the Careers in Government website will be used to reach an extensive local government audience, while position -- specific postings will be chosen to attract candidates who have built their careers in and are committed to the Fire Chief field. Suggested Fire Chief -specific advertising sources for the City of San Rafael's search include: California Fire Chiefs Association + International Association of Five Chiefs International Association of Women in Fire & Emergency Services Fire Career Assistance Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions. Reat-&Iia Dinerie Carndidates Bob Murray & Associates, a woman- and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity -focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women's Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field. Mr. Phillips or Mr. Williams will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of San Rafael, to maximize the potential for individuals from a wide variety of backgrounds, cultures, and life experiences to be considered for die Fire Chief position. STEP 3 RECRUIT CANDIDATES The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a prunary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over tune—tune that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the Fire Chief recruitment. Bob MLirra`- & Associates Proposal for the Cita- of San Rafael Pagc STEP 4 SCREEN CANDIDATES Following the closing date for the recruitment, Mr. Phillips or Mr. Williams will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Mr. Phillips or Mr. Williams will discuss with the City Manager how the City of San Rafael wishes to proceed with these candidates. STEP 5 CONDUCT PRELIMINARY INTERVIEWS Mr. Phillips or Mr. Williams will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel -related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Skype, FaceTirme, or other convenient videoconferencing applications. During these in-depth interviews, Mr. Phillips or Mr. Williams will explore each candidate's background and experience as it relates to the Fire Chief position, such as significant accomplishments, size and scope of responsibility, and organizational culture. In addition, Mr. Phillips or Mr. Williams will discuss with the candidates their motivation for applying for the position and assess 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 employment is made. STEP 6 SEARCH PUBLIC RECORDS Under the direction of Mr. Phillips or Mr. Williams, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include Lexis-NexisTM, Google, social media, and our contacts in the field. This will alert Mr. Phillips or Mr. Williams to any further detailed inquiries we may need to make before our recommendations are finalized. STEP 7 MAKE RECOMMENDATIONS Based on our findings during the preliminary interview process, Mr. Phillips or Mr. Williams will recommend a litnited number of candidates for your further consideration. They will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you. We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes: Candidate list with Recommended Finalists identified in Group 1 and Gaup 2 (primary and secondary recorntnendations), as well as Lrtemal candidates Surrrrnary of experience, education, and salary information for each RecolTunended Finalist candidate Bob Murray & .Associates Proposal for the Cin- of San Rafael Page 4 Complete cover letter and resume for each Recommended Finalist candidate List of OtherAppficants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process) Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal snail or email as soon as the recruitment closes to new applications. STEP S FACILITATE FINAL INTERVIEWS 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 work with the City of San Rafael to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Manager and key stakeholders, community/employee interview panels, writing and presentation samples, meet -and -greets, or another specialized process element Mr. Phillips or Mr. Williams helps the City of San Rafael to design. Mr. Phillips or Mr. Williams will be present on-site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing: -r Recruitment brochure with candidate profile Interview schedule + Suggested interview questions y Experience summary, cover letter, resume, and rating form for each candidate + Ranking forms for use during the panel interview process We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience, as the way die entire process is conducted will influence the final candidates' perception of your organization. STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS Mr. Phillips or Mr. Williams and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates' strengths and weaknesses, we will talk candidly widi people who have direct knowledge of their work and management style. In addition to gaining a 360 -degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate's abilities but who may not be on their preferred list of contacts. Your Recruitinent Coordinator will work witi candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates' degrees. Bob Murray & _Associates Proposal for the Circ• of San Rafael Page 5 STEP LO ASSIST IN NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. Mr. Phillips or Mr. Williams knows what other organizations have done to put deals together with great candidates and what the current market is like for Fire Chief positions in organizations like the City of San Rafael's. They will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitinent into one that is straightforward and agreeable for all parties involved. COMPLETE ADMINISTRATIVE ASSISTANCE We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of San Rafael, we will provide you widi updates on the status of the search and attend to all administrative details on your behalf. Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Mr. Phillips or Mr. Williams on behalf of die City of San Rafael. It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly Nvidiin 24 hours if the inquiry is received during the work week. Mr. Phillips or Mr. Williams will be available to the City of San Rafael by office phone, cell phone, and email at any time to ensure a smooth and stress -free recruitment process. Bob Murrati &..Associates Proposal for the Circ- of S,an Rafiel Page 6 COSTS AND GUARANTEE PROFESSIONAL FEE AND EXPENSES The fixed, flat professional services fee for conducting the Fire Chief recruitment on behalf of the City of San Rafael is $17,500. Services provided for in this fee consist of all steps outlined in this proposal, including three (3) days of meetings on site and complete reference and background checks for up to three (3) final candidates. The City of San Rafael Nvill also be responsible for reimbursing expenses Bob Murray & Associates incurs on you behalf. We estimate expenses for this project not to exceed $6,900. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will elpenses exceed this estimate without plzol- approval from the Ciy of San Rafirel. Expense reimbursement for candidate travel related to on-site intetviews will be the responsibility of the City of San Rafael. Professional Services (Fixed Flat Fee) $17,500 Reimbursable Expenses Example costs and approximate amounts include: Brochure Design and Printing ($1,275) Advertising ($3,000) $6,900 Background Checks — 3 candidates ($550) Consultant Travel ($1,500) Other expenses -- subulies. shinning. clerical ($575) Optional Sel Pit e.(' w Coinrmunity/Staff Input Forum: $1,500/day, plus travel expenses •� Online survey with analysis of results: $250 Additional on-site meeting days: $1,500/day, plus travel expenses •+' Additional background checks: $250/candidate Additional reference checks: $500/candidate Other services: $250/hour or $1,500/day Bob Murray & :Associates Proposal for the City of San Rafael Page 7 GUARANTEE Should a candidate recommended by our firm position resign or be terminated within the fust 12 months of employment, we will provide the City of San Rafael with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of San Rafael's behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal. RECRUITMENT SCHEDULE We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13 -16 weeks from the date of initial meetings with our client. The final recruitment schedule will be determined in collaboration with City of San Rafael. A typical timeline of tasks and events is included here for reference. Begin Recruiting Distribute Screen I Firnalist Brochure Candidates Interviews ContinueI Prelimuiary I Backgrounds cC Recruiting J Inews terviReferences Search Public Recordsegotiatiorns Recommend Candidate Finalists Appointment Bob \Iurra�, 8c Associates Proposal for the Cin- of San Rafael Page 8 FIRM PROFILE OUR STAFF Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of nine (9): Bob Murray, Founder Valerie Gaeta Phillips, President -4, Gamy Phillips, Elecutiue Vice President -P Regan Williams, Vice President Joel Bryden, Vice Presideltt �► Carmen Valdez, Senioi-E.zecutive Recirriter Amber Smith, Principal Reci-nitment Coordinator �► Zoila Couture, Sellior Reendinlent Coordinator Gini Herndon, Cont!'actsAdi?iiiiistJatoi/Bookkeeper BOB MURRAY, FOUNDER Mr. Nlurray---known simply as "Bob" to his clients and candidates throughout the western U.S.— brings over 40 years' experience as a recruiter and is recognized as one of the top local government recruiters in the nation. He conducted hundreds of searches for cities, counties, and special districts and was called on to conduct searches for some of the largest, most complex organizations in the country ---and some of the smallest. Bob conducted searches for chief executives, department heads, professional and technical positions, taking the lead on many of the firm's most difficult assignments with great success. His clients retained lure again and again, given the quality of his work and success in finding candidates for difficult to fill positions. As our rounder, Bob currently takes on few searches personally but continues to be an active presence at Bob Murray & Associates, providing valued insight and experience to our team members regarding all aspects of the recruitment process. Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward. VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER Ms. Gaeta 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 nationwide. Since joining Bob Murray & Associates, Valerie has completed over 40 searches in a diverse range of fields, including city and general management, planning, finance, human resources, transportation, cormmunication and public relations, community and econornic development, information technology, parks and recreation, and operations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers. Bob Murrai= & .Associates Proposal for the City of San Rafael Page 9 Valerie is valued for her passion for finding and retaining die most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients' success; she is also active in a variety of industry organizations and in diversity -focused associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one's online reputation, diversity issues in municipal and non-profit leadership, and how to identify a good "fit" for organizational culture. Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics. GARY PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER Since joining Bob Murray & Associates, lVhi. Phillips has completed over 50 searches for executives and professionals in a wide variety of fields including animal services, city and general management, planning, legal counsel, cyber security, and human resources. Gary's clients have ranged from municipal government to non-profit and private sector organizations, and he has sourced outstanding candidates for positions from the level of division managers up to City Managers, Executive Directors, and General Managers. Gary started his career with a New York -based Fortune 100 company and quickly became a Senior Manager, building and running a large customer service organization that eventually expanded to 13 countries in Europe. He proceeded to hold senior leadership positions in several Fortune 500 companies, with noted successes such as building an organization from two to 250 employees worldwide and growing a company from 800 to 1200 employees. As part of an executive acquisition and recruiting team, Gary helped build a start-up enterprise software company in San Francisco, recruiting top-notch talent and building a world-class organization. He has maintained customer relationships in the public sector and the private sector, including medical and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients. Mr. Phillips, along with Ms. Gaeta -Phillips, is involved in his community as a soccer coach, as an organizer of fundraisers for Autism Speaks and the UC Davis M.I.N.D. Institute, and as a sponsor of the Northern California Special Olympics. Mr. Phillips received his Associate of Science degree and completed additional coursework at Rochester Institute of Technology, NY. REGAN WILLIAMS, SENIOR VICE PRESIDENT AND RECRUITER Mr. Williams brings 30 }Tears of local government experience to Bob Murray & Associates and has over 17 years of experience in executive recruitments with our firm. In his time with Bob Murray & Associates, Regan has conducted over 275 executive searches ranging from managers and department heads to City Managers, Executive Directors, and General Managers. If Regan were to have a recruiting specialty, it would be public safety positions: he has personally conducted over 60 Police Chief and 20 Fire Chief recruitments. Bob Murrn�� & _Associates Proposal for the City of San Rafael Page 10 Prior to joining Bob Murray & Associates, Regan served as Director of Public Safety with the City of Sunnyvale, CA. He was involved in the development of some of Sunnyvale's most innovative public safety programs and has a national reputation for excellence in lav enforcement, as well as in lav enforcement executive recruiting. Regan's clients find his prompt and personal attention, insight, and expertise in recruitment and selection an asset. He is often called upon to recruit for difficult -to -fill law enforcement positions, such as the position of Police Chief or City Manager in challenging political environments. Mr. Williams received his Bachelor of Science Degree in Administration of Justice from San Jose State University. He is also a graduate of the FBI National Academy. JOEL BRYDEN, VICE PRESIDENT AND RECRUITER Mr. Bryden has over 30 years of local government experience that he brings to the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining Bob Murray & Associates in 2013. Throughout his career, Joel has been involved in public sector consulting, with vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government. Joel has a solid reputation as a leader in the public sector and his ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Since joining Bob Murray & Associates, Joel has conducted over 50 recruitments in a broad range of sectors including police, fire, building, planning, city management, and general management. He is often called upon to recruit specialized or difficult -to -fill positions, such as Independent Police Auditor. Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Corrumunication from San Diego State University. He is currently based in Walnut Creek, CA. CARMEN VALDEZ, SENIOR EXECUTIVE RECRUITER Carmen Valdez provides executive recruitmentand human resource services to municipal government agencies and non -profits. She has more than 25 years' experience in team -building, executive search, general human resources, classification and compensation, testing, policy development, performance management, organizational development, discipline, and other employee relations activities. Carmen has most recently been consulting with Municipal Resource Group, prior to which she spent over 30 years with the City of Milpitas, a Silicon Valley city of 70,000 residents. In this capacity, she was responsible for collective bargaining, PEPRA and Affordable Care Act implementation, modernizing Human Resource services to improve efficiencies and reduce costs, revamping the Workers Compensation service delivery and completing a City-wide strategic plan. Carmen also spent almost 2 years as the Director of Recreation Services. In addition to her significant experience in the public sector, Carmen earned a Bachelor of Arts degree in Business from University of Phoenix. She is also a member of Local Government Hispanic Network and League of Women in Government. She is an avid runner and enjoys giving back to her community. 1301)\furrai- & Associates Proposal for the City of San Refael Page 1 1 AMBER SMITH, PRINCIPAL RECRUITMENT COORDINATOR As Principal Recruitment Coordinator Xvitlh Bob Murray & Associates, Ms. Smith acts as a liaison between clients and candidates from beginning to end of each recruitment process. Under the direction of each client's assigned Recruiter, Amber 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. She also provides leadership for our in-house staff and is an invaluable resource. Amber brings over a decade of client -oriented customer service, administrative, and management experience to Bob Murray & Associates. Since joining our team in 2013, she has shown a commitment to working as a partner with clients and candidates to provide a quality service and experience. Ms. Smith received her Bachelor of Arts degree in Business Administration from La Sierra University, Riverside, California. ZOILA COUTURE, SENIOR RECRUITMENT COORDINATOR As Senior Recruitment Coordinator with Bob Murray & Associates, Ms. Couture acts as a liaison between clients and candidates throughout each recruitment process. Under the direction of our client's assigned Recruiter, Zoila's responsibilities include development and distribution of position recruitment and advertising materials, candidate research, reference checks, and providing a broad range of support services for the recruitment team. Zoila joined our firm in 2019 with extensive experience in research, communication, and project management. She is committed to providing the highest level of quality support and to working as a partner with clients and candidates throughout die search process. Ms. Couture received her Bachelor of Arts degree in Political Science from the University of California, Davis. GINI HERNDON, CONTRACTS ADMINISTRATOR/ BOOKKEEPER Ms. Gini Herndon is the Contracts Administrator/Bookkeeper at Bob Murray & Associates. Ms. Herndon is the fust point of contact at Bob Murray & Associates and has an extensive administrative background in business lay. Ms. Herndon is known for her collaborative approach as she works closely with our internal team and clients to ensure a successful search. As a first point of contact, IVIS. Herndon is highly professional and maintains a high level of confidentiality and sensitivity. Bob Mtirraj- & Associ;ites Proposal for the Cit- of San Rafael Page 12 CORPORATION Bob Murray & Associates was founded in May 2000 and operated under the corporation name IVIBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows: GVP Ventures, Inc. OR Bob Murray & Associates 1544 Eureka Road, Ste. 280 Roseville, CA 95661 (916) 784-9080 apply@b obmurrayas s o c. coin Our corporation and ficin are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so. PROFESSIONAL ASSOCIATIONS Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of San Rafael: w California Special Districts Association — illerilber California City Management Foundation (CCMF) — lYleivber- International City/County Management Association (ICIVIA) — Melvber• -w League of California Cities — League Partner v League of Women in Government — SponsorlAfernber• v Municipal Management Association of Northern California (Ml\/IANC)—Sporrsor/11llelvber• v Municipal Management Association of Southern California (MIVIASC)—S A/ v National Forum for Black Public Administrators (NFBPA) — Cojn»rittee iverrrber for• lblarkelhig wed Branding Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry -specific issues. Recent and upcoming speaking engagements and trainings provided by our staff include: "Role of the Chief" class, presented by Joel Bryden on behalf of the California Police Chiefs Association y Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Monde; and �► "The Next Step on Your Career Ladder: A Rung Up or a Missed Step? What City Managers are Seeking to Create a Dream Team," Bob Murray & Associates is a leading participant on the MMANC 2019 Conference Panel Bob \Iurratir & Asso61tes Proposal for the City of San Rafael Page 13 REFERENCES Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted similar searches are listed below: CLIENT. • East Bay Regional Park District, CA POSITION.Fire Chief REFERENCE. Ms. Sukari Beshears, Huffman Resource Manager (510) 544-2154 CLIENT. • City of Davis, CA POSITION. • Fire Chief REFERENCE: IVIS. Janet Ernmett, Human Resources Director (530) 757-5644 CLIENT.City of Folsom, CA POSITION. • Fire Chief REFERENCE. 1VIr. Evert Palmer, City Manager (916) 355-7220 CLIENT. City of South San Francisco, CA POSITION. • Fire Chief POSITION. • Fire Marshal REFERENCE. Mr. Mike Futrell, City Manager (650) 877-8500 Mr. Jess Magallanes, Fire Chief (650) 829-3950 We appreciate the City of Son Rafael's consideration of our proposal and look forward to working with you. BOB MURRAY & AJ550CIATES exprFTLT iN EXrr-Lmvr HrARCH Bob Murray & Associates Proposal for the City of San Rafael Page 14 ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CLIENT OF SAN RAFAEL AND BOB MURRAY & ASSOCIATES This Agreement is made and entered into this L 3 day of October, 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CLIENT"), and BOB MURRAY & ASSOCIATES, (hereinafter "CONSULTANT") and forms an Addendum to the Professional Services Agreement between the parties of the same date. The following additional provisions are included in the Professional Services Agreement ("Agreement"): I. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CLIENT, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CLIENT. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CLIENT, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CLIENT and shall not call upon CLIENT's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CLIENT a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CLIENT by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CLIENT has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CLIENT (if agreed to in a written contract or agreement) before CLIENT'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CLIENT or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CLIENT or other additional insured party. At CLIENT's option, the deductibles or self-insured retentions with respect to CLIENT shall be reduced or eliminated to CLIENT's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the CLIENT'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CLIENT reserves the right to obtain a full certified copy of any insurance policy and endorsements fiom CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to 2 exercise it later. The insurance shall be approved as to form and sufficiency by the City Attorney. II. NONDISCRIMINATION. CONSULTANT 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. III. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CLIENT, its officers, agents and employees fi•om any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. IV. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CLIENT. CONSULTANT and CLIENT expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CLIENT. CLIENT BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CLIENT business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CLIENT shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CLIENT with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective successors and assigns. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 8. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. �S JIM S HU Z, City M er ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: L4- A luv"- ��� ROBERT EPSTEIN, Att ity orney 4 GVP Ventures, Inc. dba Bob Murray & Associates By: ' Name: Gary Phillips Title: Executive Vice President n By: 1L. f*z RIO Name: Valerie Gaeta Phillips Title: President RAP. f;W-r%4- yo �/ry WITH P t�`�5 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager's Office Project Manager: Cristine Alilovich Extension: 3384 Contractor Name: Bob Murray and Associates Contractor's Contact: Gary Phillips Contact's Email: ginih@bobmurrayassoc.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step T RESPONSIBLE DESCRIPTION REVIEWER COMPLETED DEPARTMENT DATE Clicl.to Check/Initial ❑ 1 Project Manager a. Email PINS Introductory Notice to Contractor enter a date. b. Email contract (in Word) and attachments to City 10/7/2019 CA Attorney c/o Laraine.Gittens@cityofsanrafael.org City Attorney a. Review, revise, and comment on draft agreement 2 Clicl: here to and return to Project Manager enter a date ❑ b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor Department Director Approval of final agreement form to send to enter a date. ❑ 3 10/8/2019 ® _LQ_ contractor Project Manager Forward three (3) originals of final agreement to 10/17/2019 4 contractor for their signature ❑ N/A 5 Project Manager When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY enter a date. 6 Project Manager Forward signed original agreements to City City Attorney Attorney with printed copy of this routing form Review and approve hard copy of signed 7 agreementK�- f p' 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official V L 10 City Clerk Attest signatures, retains original agreement and Q to 123 I I forwards copies to Project Manager I