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CM Executive RecruitmentAGREEMENT FOR PROFESSIONAL SERVICES FOR CONDUCTING EXECUTIVE RECRUITMENT A / This Agreement is made and entered into this4g day of 4,4,4f , 20,ft by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Bob Murray & Associates (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that recruitment services are required for the Police Chief position; and WHEREAS, the CONSULTANT has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Valerie Gaeta Phillips is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services outlined in the CONSULTANT's proposal dated August 25, 2020, marked in Exhibit A, attached hereto and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit A. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT a fixed fee amount and reimburse the CONSULTANT for any expenses incurred on the CITY's behalf, for in a total arnount not -to -exceed $24,400. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing upon date of execution of this Agreernent. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to ninety (90) days. 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. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of tennination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT'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 tennination. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with Revised 1/29/2020 its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the perfonnance 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. 10. INSURANCE. A. Scope of Coverage. During the teen of this Agreement, CONSULTANT shall maintain, at no expense to CITY, 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 any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. 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 CITY. 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 CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) tinder 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 Revised 1/29/2020 CITY and shall not call upon CITY'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 01 04 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 CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY 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 CITY 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 CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a narned 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 CITY 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 PROJECT MANAGER and 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 CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY'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 PROJECT MANAGER Revised 1/29/2020 or CITY'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. CITY reserves the right to obtain a frill certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent pennitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in Revised 1/2912020 addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. 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. 13. 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 CITY, its officers, agents and employees frorn any and all darnages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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. 15. 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's Project Manager: TO CONSULTANT's Project Director: 16. INDEPENDENT CONTRACTOR. Cristine Alilovich City of San Rafael 1400 Fifth Ave, Room 203 San Rafael, CA 94901 Valerie Gaeta Phillips 1544 Eureka Road, Suite 280 Roseville, CA 95661 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, Revised 1/29/2020 agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY 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 CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEB CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any tern, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tern, 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. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Revised 112 912 0 2 0 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. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY 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. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any tenns 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. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and 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. CITY OF SAN RAFAEL JI SCH TZ, City an ger ATTEST: Revised 1/2912020 CONSULTANT By: / r/ Name:a r Ph , I L cep S Title: [If CONSULTANT is a corporation, add signature of !� •�liltiLy�f _ LINDSAY LARA, City Clerk APPROVED AS TO FORM: /i 6f-CROBERT F. EPSTEIN, City Attorney Revised 1/29/2020 second corporate officer] By:�iP2L� ic41e. Name: Title:�j1,r.e—s Exhibit A BOB MURRAY & ASSOCIATES EXPCRTG IN EXCCUTIVC 6CARCH A Proposal to Conduct an Executive Recruitment for the Position of POLICE CHIEF on behalf of the SAN RAFAEL THF C..ITY'vVI I H A N115SION 1541 I ut,ka R".1d. ~title 2,411 R,,,o tile. ( \ 95661 9161 -x} 91180 M6i -h-I-1985 tai August 25, 2020 MR. JIM SCHUTZ CITY IVIANAGER 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 Police 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. Bob Murray & Associates is familiar with the City of San Rafael and the surrounding region. We have most recently conducted your Fire Chief recruitment. We have previously conducted recruitments on behalf of the Marin County cities of Corte Madera, Mill Valley, Novato, San Rafael, Sausalito, and "Tiburon, as well as for the County of Marin, the Central Marin Sanitation Agency, the Ross Valley Sanitary District, Sanitary District No. 5 of Marin County, and the Tamalpais Community Services District. We have also conducted the outreach efforts on behalf of the Ross Valley Fire Department. Our knowledge of the region, its issues, and its outstanding quality of life will be an asset in presenting this opportunity to prospective candidates. With respect to the Police Chief recruitment and the City of San Rafael, Bob Murray & Associates has a national network of contacts and unparalleled experience conducting successful Police Chief recruitments. Since the firm's founding in 2000, we have conducted over 150 Police Chief searches for a diverse collective of agency cultures. We are currently conducting Police Chief recruitments on behalf of the California cities of Cathedral City, Chico, Fairfield, Livermore, and Oakley. We are also currently recruiting the Police Chief on behalf of the California State Universities of Chico, Humboldt, and Santa Barbara. Our extensive experience in Police Chief recruitments and our national network of contacts will provide the City of San Rafael with an outstanding candidate pool from which to select the next Police Chief. Recent Police Chief recruitments we have completed similar in size and scope to your upcoming search include the following: 2020 Aurora, CO Richmond, CA 2019 Anaheim, CA (Deputy Chief of Police) Desert Hot Springs, CA (Deputy Police Chief) Fontana Unified School District, CA Hermosa Beach, CA Los Angeles World Airport, CA Newark, CA Riverside, CA Selma, CA Westminster, CA 2018 California State University, East Bay City of Anaheim, CA City of Arcata, CA City of Corona, CA City of Delano, CA City of Hercules, CA City of Menifee, CA City of San Diego, CA City of Vancouver, WA San Jose State University, CA 2017 City of Alhambra, CA City of Imperial, CA City of Indio, CA (Assistant Chief of Police) City of San Pablo, CA City of Santa Cruz, CA City of Turlock, CA City of West Covina, CA City of Westminster, CA Santa Ana Unified School District, CA University of San Diego, CA (Assistant Vice President/Chief of Public Safety) We work as a team on every search at Bob Murray & Associates. Your Project Lead would be Gary Phillips, who would not only direct and supervise the project team from beginning to end but also serve as the Recruiter for the project as well. To learn first-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 S||pil}|\|Dnl�9mx'xA:........................................................ 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FIRMPROFILE .............................................................................................. 9 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 Police 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 will meet with the City Manager and key stakeholders to learn as much as possible about the ideal candidate for the Police 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 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 will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts. Oplionul ,Verrice: Colvlwwilp �rnd Dgll lnrolrealew We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the 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 the City of San Rafael so desires, we will work with the City Manager to create a customized community and/or staff input process. STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS Mr. Phillips and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of San Rafael to create a professional recruitment 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 the City of San Rafael that you feel best represent your organization and your community. Upon your approval, Mr. Phillips will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the Police Chief position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits 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. Bob \[arra &- .Assoaares Proposal fur rhe Cin- of San Rafael Page' Mr. Phillips will also design an effective advertising campaign appropriate for the Police 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 lYlertern Cily Allagatiine, 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 Police Chief field. Suggested Police Chief -specific advertising sources for the City of San Rafael's search include: + California Police Chiefs Hispanic American Police Command Officers Association ,r National Organization of Black Lav Enforcement Executives v National Association of Women Law Enforcement Executives 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. Reaching Direcre Candidate. 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 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 the Police 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 primary 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 time—time 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 Police Chief recruitment. Bob MLirra- & .Associates Proposal for rhe Cirn- of San Rafael I'a,e 3 STEP 4 SCREEN CANDIDATES Following the closing date for the recruitment, Mr. Phillips 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 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 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, FaceTime, or other convenient videoconferencing applications. During these in-depth interviews, Mr. Phillips will explore each candidate's background and experience as it relates to the Police Chief position, such as significant accomplishments, size and scope of responsibility, and organizational culture. In addition, Mr. Phillips 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 PliBLIC RECORDS Under the direction of Mr. Phillips, 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 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 will recommend a limited number of candidates for your further consideration. He 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 I and Group 2 (primary and secondary recommendations), as well as Inlernal candidates + Summary of experience, education, and salary information for each Recommended Finalist candidate + Complete cover letter and resume for each Recommended Finalist candidate List of Otber,Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process) I )b \Iurnn- & Associates Pro Po ;al for the Cm' 4 San Rafael Page 4 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 mail or email as soon as the recruitment closes to new applications. STEP 8 FACILITATE FINAL INTERVIEV'S Our years of experience will be invaluable as the 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 helps the City of San Rafael to design. Mr. Phillips 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: + Recruitment brochure with candidate profile + Interview schedule - Suggested interview questions 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 the entire process is conducted will influence the final candidates' perception of your organization. STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS Mr. Phillips 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 with 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 Recruitment Coordinator will work with candidates and our professional backgrounding firm, i-IireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates' degrees. STEP 10 ASSIST IN NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. Mr. Phillips knows what other organizations have done to put deals together with great candidates and what the current market is like for Police Chief positions in organizations like the City of San Rafael's. He will be available to advise you regarding current Bl h MUrraY & _ ,,sOcrarc,; Pro po sal for the Cin- of San Rafael Page i 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 recruitment 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 with 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 on behalf of the 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 within 24 hours if the inquiry is received during the work week. Mr. Phillips 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 .MurraY & AssOciatcs Proposal for rhe Cin• 4 San Rafael Page 6 COSTS AND GUARANTEE PROFESSIONAL FEE AND EXPENSES The fixed, flat professional services fee for conducting the Police 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. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure the assist in identifying the right candidate for the City of San Rafael. Therefore, Mr. Phillips will contact the City at the first anniversary of the placement to confirm an effective transition has occurred. The City of San Rafael will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your 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 etpenses exceed Ibis estimate without prior approval from the City of San Rafael. Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of San Rafael. Prof—eiii&Tal Fees Professional Services (Fixed Flat Fee) $17,500 Reimbursable Expenses Example costs and approximate amounts include.- Brochure nclude.Brochure Design and Printing ($1,275) Advertising ($3,000) $6,900 Background Checks — 3 candidates ($550) Consultant Travel ($1,500) Other expenses — supplies, shippinLy, clerical ($575) Optional Senices + Community/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: S500/candidate + Other services: $250/hour or $1,500/day Bub MUrrat 8c _\s uciares Pruliusal fur the Gn- 4 titin Rafact Page r GUARANTEE Should a candidate recommended by our firm position resign or be terminated within the first 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. Distribute Screen I I Finalist Brochure I I Candidates Intei:vle-%-%-s Continue PrelinunarV- Backgrotuids & Recnutuig Interviews References Search Public Records Negotiations Week 12 Recomtneild Candidate Fuialists Appoinhnent [3Ob \[urrm R .\,,metates Proposal fnr the Circ• Of San Rafael Page 8 FIRM PROFILE OUR STIFF Bob Murray & associates is a small firm focusing exclusively on executive search services. We have a team of nine (9): Bob Murray, Folinder Valerie Gaeta Phillips, President + Gary Phillips, Esecnti»e Vice President Regan Williams, Vice President Joel Bryden, Vice President Carmen Valdez, SeniorExecillhe Recruiter - Amber Smith, Principal Recridinient Coordinator + Zoila Couture, Senior Recruitment Coordinator + Gini Herndon, Contractsfldininistrator/Bookkeeper BOB MURRAi-, FOUNDER Mr. Murray—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 him again and again, given the quality of his work and success in finding candidates for difficult to fill positions. As our Founder, 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, communication and public relations, community and economic 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. N)b MUrr Y & .\ssocmtc, Proposal for the Cin. 4 titin Rafael PsIge 9 Valerie 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; 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. Nis. 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. GAR," PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER Since joining Bob Murray & Associates, Mr. 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 years 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 \Luray & Asso ciates Pro po sal f()r the Cin- ()f 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 law 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 lav 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 BRI'DEN, 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. 1\/Ir. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. He is currently based in Walnut Creek, CA. CARMEN VALDEZ, SENIOR EXECUTIVE RECRUITER Carmen Valdez provides executive recruitment and 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 1\/Iilpitas, 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. N11) \furca. & A,,sociares Proposal fnr the Cin. of tiara Rafael Page I 1 AMBER SMITH, PRINCIPAL RECRUITMENT COORDINATOR As Principal Recruitment Coordinator with 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 the 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 first point of contact at Bob Murray & Associates and has an extensive administrative background in business law. 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, Ms. Herndon is highly professional and maintains a high level of confidentiality and sensitivity. B(A) \Iurrn & \sso>ciates Pro po sal f()r the Cin of San Rafael Page 12 CORPORN TION Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN 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@bobmurrayassoc.com Our corporation and firm 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. PROPPSSIONAL ASSOCL•17ION.S 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: v California Special Districts Association — AfemGer s California City Management Foundation (CCMF) — AllemGer v California Police Chiefs Association (CPCA) — Spomor v International City/County Management Association (ICMA) — Member ,w League of California Cities — League Parlrrer v League of Women in Government — Sponsor/AlIemGer v Municipal Management Association of Northern California (IV MANC)—Spoirsor/ANIember v Municipal Management Association of Southern California (MMASC)—Sponsorlilfember National Forum for Black Public Administrators (NFBPA) — Committee memberfor A•larketing aril 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 Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Month; 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 1\/E\/IANC 2019 Conference Panel Bob \furr.n & \. >ctareti Prop sal fOr the Cin Ot tiara Rafael Pag'e 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. City of Fairfield, CA POSITION.- Police Chief REFERENCE. Mr. Stefan Chatwin, City Manager (707) 428-7400 CLIENT. City of Newark POSITION. Police Chief REFERENCE. Mr. David Benoun, City Manager (510) 578-4200 CLIENT. City of Selma, CA POSITION.- Police Chief REFERENCE. IVIS. Teresa Gallavan, City Manager (559) 891-2250 We appreciate the Cit►T of San Rafael's consideration of our proposal and look fbiward to [[ orking with you. BOB MURFZAY & AssoCIATES EXPCRTO IN EXCCUTIVC SCARCM Rmh Murray- & _\ssl,ctate�, Pr(ipo sal for the Cin' 4 San Rafael Page t4 CIO RAFq�` ►1 ,Ty WITH P'�� 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 Project Manager: Iman Kayani Extension: 3352 Contractor Name: Bob Murray & Associates Contractor's Contact: Gini Herndon Contact's Email: ginih@bobmurrayassoc.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 8/27/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®IKK 2 City Attorney a. Review, revise, and comment on draft agreement 8/31/2020 ® LG and return to Project Manager 8/31/2020 N LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 9/9/2020 ® CA contractor 9/9/2020 ® IKK 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services N IKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 9/22/2020 IKK Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds �/zs*ZZ, (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized IN W official 10 City Clerk Attest signatures, retains original agreement and a� forwards copies to Project Manager