Loading...
HomeMy WebLinkAboutHR Finance Director Recruitment ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND GVP VENTURES, INC. (DBA BOB MURRAY & ASSOCIATES) FOR FINANCE DIRECTOR RECRUITMENT SERVICES This Agreement is made and entered into as of /S—!? � (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and GVP Ventures Inc., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated March 1, 2023 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the Rev. 08.22 professional service fixed flat fee and units for reimbursable expenses, as set forth in Exhibit A, for a total amount not to exceed $25,000. CONSULTANT will bill City for Services provided by CONSULTANT subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. As described in Exhibit A, should a candidate recommended by CONSULTANT for the position resign or be terminated within the first 12 months of employment, CONSLTANT will provide the CITY with professional services to secure a replacement, such services to be provided at no cost, aside from expenses incurred on the CITY's behalf during the new search. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on August 31, 2023. 4. PROJECT COORDINATION. A. CITY'S Project Manager. The Human Resources Director 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. Gary 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. 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 parry may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other parry, 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 termination, 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 08.2.2 2 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 termination. 6. 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. 7. 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 its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted 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 v 08.22 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 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. 11. 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. 12. 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 from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in 08.22 4 any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY's Project Manager: Marissa Sanchez, Interim HR Director 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Gary Phillips, Executive Vice President 1544 Eureka Road, Ste. 280 Roseville, CA 95661 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 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. 16. 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. 08.22 17. SET-OFF AGAINST DEBTS. 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. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. 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, and 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). 21. 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. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, 08.22 6 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. [Signatures are on the following page.] 08.22 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: SCHUTZ, City Manager APPROVED AS TO FORM: Office of the City Attorney �Q � U 9 L&�c 9 By: G . ;V -VE COYLE, Assist i City Attorney ATTEST: City Clerk ). r ',a1t4,v, J1. LINDSAY LARA, City Clerk v 08.22 CONSULTANT: hy By: Name: Valerie Gaeta Phillips Title: President [If CONSULTANT is a corporation, add signature of second corporate officer] i'zdl By: Name: Gary Phillips Title: Secretary / Executive Vice President EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev, 08.22 A-1 BOB MURRAY & A88OCIATE9 EXPERT! IN ExcouTIVE 9EARGN A Proposal to Conduct an Executive Recruitment for the Position of FINANCE DIRECTOR on behalf of 4 a � fir � W 1 T H p 1544 I(urcka RlMd, Suirc 280 Rii11%ills, CA 95661 (716) -84-9090 (916) -84-1985 fax March 1, 2023 MS. SYLVIA GONZALEZ HUMAN RESOURCES OPERATIONS MANAGER CITY OF SAN RAFAEL 1400 FIFTH AVENUE SAN RAFAEL, CA 94901 Dear Ms. Gonzalez: Bob Murray & Associates is pleased to submit a proposal to conduct the Finance Director 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 positive addition to your organization, and be outstanding in their field. With respect to the Finance Director recruitment and the City of San Rafael, Bob Murray & Associates has extensive experience in recruiting local government and private finance professionals. We are currently conducting the Finance Director recruitment on behalf of the City of Dublin, CA and the Deputy Chief Auditor recruitment on behalf of the Los Angeles County Metropolitan Transportation Authority (METRO), CA. Our contacts and knowledge of outstanding candidates will enhance our outreach efforts for the City of San Rafael's next Finance Director. Recent Finance Director recruitments we have completed similar in size and scope to your upcoming search include the following: 2022 City of Healdsburg, CA (Administrative City and County of San Francisco, CA (Chief Services Director) Financial Officer, Public Utilities Commission's Assistant General Manager Business Services) East Bay Regional Park District (Assistant Finance Officer) 2021 Cesar Chavez Foundation, CA (Chief Financial Officer) City of Elk Grove, CA (Finance Director/CFO) City of Las Vegas, NV (Finance Director) City of Lompoc, CA (Financial Services Manager) City of Los Altos, CA (Finance Director) City of Marina, CA (Finance Director) City of Milpitas, CA (Finance Director) City of National City, CA (Administrative Services Director) City of Orinda, CA (Administrative Services Director) City of Rosemead, CA (Finance Director) City of Santa Cruz, CA (Finance Director) City of San Ramon, CA (Administrative Services Director) City of Turlock, CA (Finance Director) City of Willits, CA (Finance Director) County of Napa, CA (Assistant Auditor Controller) 2020 City of Davis, CA (Finance Director) City of El Segundo, CA (Finance Director) City of Victorville, CA (Finance Director) East Bay Municipal Utility, CA (Controller) Port of San Diego (Port Auditor) State Bar of California (Chief Financial Officer) 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 17 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, xae& age Valerie Gaeta Phillips President, Bob Murray & Associates TABLE OF CONTENTS THE RECRUITMENT PROCESS................................................................2 S1'1{P 1 DI?\'r.1,OP'1'I w C.\ND1D.\T1'. PROFILF........................................................2 Optional Service: Comnraru�i and Stcl'Involie7pent........................................................2 S'1'I,:P 2 DI?Sl(,N/D1S'1'RIBU F. BROCI TURF .\N) AD\'I?1Z'1'ISI \u!N'1'S...................2 Reacbirrg Diverse Candidates .................................................. ........... ................... ......... 3 S'ri:]) 3 Ric(:RUri' CANDID.v IVS ..................... ..............................3 Sri ,1, 4 S(;RI? I :N C.\NDI D.\'l'I:s..........................._.........._............................................4 STI i, 5 CONDU(:1' PR1''.1,1\[IN.\R1' INTISR\'ll:\'S......................................................4 S'r1•:1) 6 Sl?.\R(;11 PUB1.1(: RI ?(:ORDS ...... ............................. .................................. ..._..4 S'1'r:P 7 Nhm: RrcO,\l\II (ND.v'l'IONS.......................................................................4 STI?P 8 F wu.rr.\'1'I? FINAL IN'rl?R\'1rws................... 5 Sr1:1) 9 CONDUCT B.v x(,,w)UNu .AND Rr1;i�]WNCF C111�.(:hs .. ..........................5 S'ri.:P 10 Assisi 1N Nr:(,O'rl.\'r'IONS........................ ................................. ............... 5 COMPLETE ADMINISTRATIVE ASSISTANCE.......................................6 COSTS AND GUARANTEE..........................................................................7 PROwr:SSION.u, Fri:.\ND ExnI NSI.S ................. .............. .................................:...7 OptionalServices ..............• -.....:= ......... ........................... ::.......... :._::....... 7 GU.\R.\N'1'1?li...............................................................................................................8 RECRUITMENT SCHEDULE........................................................... ....-8 FIRMPROFILE..............................................................................................9 REFERENCES..............................................................................................17 THE RECRUITMENT PROCESS Bob Murray & Associates' recruiters are specialists in finding a positive placement, providing security and fairness to candidates and clients while ensuring the integrity of the search process. We understand that superlative recruiting for the Finance Director 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' 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 Finance Director 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. Optional Senke: Co#ylvllnity and Staff'hivollelveal 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 Finance Director 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'furray & Associates Proposal for rhe CitY of San Rafael Page 2 Mr. Phillips will also design an effective advertising campaign appropriate for the Finance Director 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 We tern City Magazine, PublicCEO, 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 Finance Director field. Suggested Finance Director -specific advertising sources for the City of San Rafael's search include: California Society of Municipal * The Association of Accountants and Finance Officers Financial Professionals Ca1CPA * Government Finance Officers Association 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. Reac%i��g Diverse Candidates 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, physical abilities, life experiences, and gender to be considered for the Finance Director 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 Finance Director recruitment. Boob Murray & _associates Proposal for the Citi- of San Rafael Page 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 Finance Director 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 PUBLIC 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 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience, education, and salary information for each Recommended Finalist candidate `r Complete cover letter and resume for each Recommended Finalist candidate # List of OtherApplkants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process) &,b \Inrra�y & Associates Proposal for the Cin. of 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 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 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, HireRight, 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 Finance Director positions in organizations like the City of San Rafael'. He will be available to advise you regarding Bob MurraN- & .-Associates Proposal for the Citi- of San Rafael Page 5 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 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 \furraN- & Associates Proposal for the Circ- of San Rafael Page 6 COSTS AND GUARANTEE PROFESSIONAL FEE AND EXPENSES The fixed, flat professional services fee for conducting the Finance Director recruitment on behalf of the City of San Rafael is $19,000. Services provided for in this fee consist of all steps outlined in this proposal, including a meeting 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 we 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 $6,000. 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 expenses exceed this 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. Professional Fees and Reimbursable Expenses Professional Services (Fixed 111 Reimbursable Expenses Example costs and approximate amounts include. Brochure Design and Printing ($1,275) Advertising ($3,000) $6,000 Background Checks — 3 candidates ($550) Consultant Travel ($600) Other expenses — supplies, shipping, clerical ($575) Optional Services Community/ Staff Input Forum: $1,500/day, plus travel expenses Online survey: $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 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' 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. Candidate Profile Develop & Pill -it Brochure Place Ads Begin Recruiting Distribute Brochure Continue Recruiting Finalist Intervie`vs Backgrounds & References Negotiations Candidate Appointment Bob \furnm- & _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 thirteen (13): '► Bob Murray, Founder Valerie Gaeta Phillips, President Gary Phillips, Executive Vice President # Joel Bryden, Vice President Yasmin Beers, Senior Executive Recruiter Adele Frese, Senior Executive Recruiter Bryan Hill, Senior Executive Recruiter Stacy Stevenson, Senior Executive Recruiter Deanna Cantrell, Executive Recruiter # Alexandria Kopack, Recruitment and Operations Manager # Kathy Lolas, Senior Recruitment Coordinator # Stephanie Marshall, Recruitment Coordinator # Gini Herndon, Contracts Administrator/Bookkeeper BOB MURRAY, 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 160 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 Bob Murray & _associates Proposal for the City of San Rafael Page 9 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. 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 positive placement for the 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, Mr. Phillips has completed over 125 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. 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 Bob Murray & _Associates Proposal for the Citi- of San Rafael Paige 10 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 100 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 Communication from San Diego State University. He is currently based in Walnut Creek, CA. YASMIN BEERS, SENIOR EXECUTIVE RECRUITER Yasmin Beers brings over 33 years of municipal government experience to Bob Murray and Associates. Yasmin retired as the City Manager for Glendale with a population of over 200,000. She served as Chief Executive Officer overseeing close to 2,000 employees serving in Police, Fire, Public Works, Parks, Community Development, Library Arts & Culture, Innovation Performance & Audit, and Water & Power to name a few. Yasmin's three decades of experience in public service brings extensive background in public sector finance, human resources management, contract negotiations, strategic planning & organizational leadership, policy development, emergency response & planning, team building and performance improvement. Throughout her career, Yasmin has had a great deal of experience in recruiting, selecting and hiring employees for executive and management level positions with a focus on the organizational needs and culture. Yasmin currently serves on the Glendale Adventist Medical Center's Civic Advisory Board and the Advisory Board for Village Christian School. Yasmin is a past member of Soroptimist International of Glendale where she served as President in 1999/2000. She is a past board member of Glendale Healthy Kids, Salvation Army and the American Red Cross. In 2011 the Glendale Chamber of Commerce recognized Yasmin as Woman of the Year; in 2013 she was the recipient of The Armenian American Woman of Excellence Award; in 2014 Yasmin was recognized by the Glendale Educational Foundation for her distinguished service and philanthropic efforts; in 2015, YWCA awarded Yasmin with the Heart & Excellence Award; in 2017, she was recognized by Business Life Magazine as a Women Achiever; and in 2018 the California State Senate recognized Yasmin as one of the Woman of the Year, each a tribute to her core values that represent her civic responsibilities, volunteerism and community service. Yasmin has a Bachelor of Arts degree in Political Science from California State University, Northridge and a Master's degree in Organizational Leadership from Woodbury University. ADELE FRESE, SENIOR EXECUTIVE RECRUITER Adele Frese brings 27 years of local government experience to Bob Murray & Associates, having retired as Chief of Police in Salinas, CA prior to joining the firm in 2021. Adele began her public service career in 1985 as an active -duty member of the United States Marine Corps before serving the City of Corpus Christi for 20 years. Bob'Murray & Associates Proposal for the Citi- of San Rafael Page 11 Adele has extensive experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government. During her 7 years as a Chief of Police, Adele exercised strong leadership and implemented monumental changes leading to the diversification of her agency's sworn staff. Adele's commitment to collaboration with the public and law enforcement agencies earned her the Partner of the Year Award from Homeland Security Investigations, and her Department the Community Policing Award from the Community Policing Institute of California. Adele received her Bachelor of Science degree in Criminal Justice Administration from California State University at Hayward, and a minor degree in Sociology. She earned a Master of Science in Public Safety, completed the Senior Executives in State and Local Government program at the Harvard Kennedy School, and PERF's Senior Management Institute for Police. She is a Texas Certified Public Manager. BRYAN HILL, SENIOR EXECUTIVE RECRUITER Chief Bryan Hill (ret.) spent over 30 years serving as a public safety leader in the San Francisco Bay Area. During his career, he worked for three appreciably different East Bay cities and developed and led several regional programs providing him a broad perspective of local government. Much of Bryan's career was spent working in a wide variety of leadership and executive level roles. As a police chief and city department head he was known for a progressive and principled leadership approach. Throughout his career, Bryan emphasized community engagement. As a municipal government executive, he was dedicated to establishing lasting community partnerships, building strong teams, and continues to participate in leadership development. Bryan received the California Police Officer's Association Award of Distinction for his efforts in developing regional partnerships that increased efficiencies, professionalism and service to the community. Bryan received his Bachelor of Arts degree in Social Science from California State University, Sacramento and he earned a Master of Science in Organizational Leadership. He is a graduate of the FBI National Academy and holds a California POST Executive Certificate. STACEY STEVENSON, SENIOR EXECUTIVE RECRUITER In Ms. Stevenson's 32 years of service in municipal government, she worked for the California cities of San Diego, National City, and Murrieta. Ms. Stevenson began her professional career in City of San Diego as a Personnel Analyst and went on to work in the Personnel, Metropolitan Wastewater, Engineering, and Contracting departments; as well as the City Manager's office, progressing from Analyst to Deputy Director. She also assumed special projects such as the creation and opening of the City's neighborhood service centers and Liaison to the City Council. From San Diego she joined the City of National City where she served as the Director of Human Resources, the Director of Administrative Services, and Deputy City Manager. She oversaw Community Services, Finance, Human Resources, and Information Technology; and managed Bob'Murray & _Associates Proposal for the Ciry of San RaEiel Page 12 special projects such as the balloting and passage of the City's local sales tax and the implementation of a new payroll module. In the City of Murrieta, Ms. Stevenson served as Administrative Services Director and Deputy City Manager, again overseeing Community Services, Finance, Human Resources and Information Technology and managing special projects. Ms. Stevenson has also served as a commissioner on both the Child Care and Civil Service Commissions for the City of Chula Vista. Ms. Stevenson holds a Bachelor's degree in Industrial Organizational Psychology as well as a Master of Business Administration degree with an emphasis in Human Resource Management. DEANNA CANTRELL, EXECUTIVE RECRUITER Deanna Cantrell brings 28 years of municipal government passion and experience to Bob Murray & Associates as an executive recruiter. Deanna is recognized as a prominent driver of public safety leadership, innovative and evidence -based problem solving, advancing trust and community building, and developing leaders. She has a proven record for exceptional communication, talented public speaking, forward thinking policing, strategic planning, staff development, mentoring, and coaching. Deanna was the Chief of Police for the City of Fairfield, California for over two years. Prior to that, Deanna served almost five years as the Chief of Police in San Luis Obispo (SLO) California, and over 21 years with the Mesa, Arizona Police Department where she moved through the ranks from Officer to Assistant Chief. Deanna has built a deep-rooted history of building trust with the community, improving employee health and wellness, and advancing meaningful police transformation. Deanna has developed numerous testing processes, has assisted in over 20 executive recruitments, and is gifted in mentoring, coaching and recognizing and developing talent. She served for four years as the Co -Chair for the California Women Leaders in Law Enforcement (WLLE) and is the WLLE Foundation Board President, also chairing the mentoring committee. Deanna served for six years on the California Police Chiefs Association Board. She is currently an Executive Fellow for the National Policing Institute and is on the Board for Police2Peace. In 2018 Deanna was selected as the 24`h District, California Congressional Woman of the year, and in 2022, Women Leaders in Law Enforcement established the Deanna Cantrell Exceptional Leadership award. Deanna holds a Bachelor of Science in Education and a Master of Administration from Northern Arizona University. She has an Executive Development Certificate from CA POST, teaches Advancing Ethical Leadership for CA POST through Cal State Long Beach, and is a graduate of Northwestern University Police Staff and Command School where she is also an adjunct faculty member, teaching policy, executive image, strategic planning, internal conflict. Deanna enjoys the arts, playing the guitar, golfing, and growing future leaders. Bob Murray & _Associates Proposal for the Cin. of San Rafael Page 13 ALEXANDRIA KOPACK, RECRUITMENT AND OPERATIONS MANAGER Alex is the Recruitment and Operations Manager with Bob Murray & Associates, and partners closely with the executive recruiter to support both the client and candidates through the entire recruitment process. Alex's responsibilities include posting available positions to job boards, interview scheduling, conducting background checks on candidates, and creating marketing materials for each search. Alex graduated with a bachelor's degree in Business Administration from Boise State University. She has several years of experience in many different office settings and is eager to assist in the hiring process. In her spare time, Alex enjoys spending time with her husband, family, and poodle (Theo), as well as playing tennis whenever weather allows. KATHY LOLAS, SENIOR RECRUITMENT COORDINATOR Kathy recently joined the Bob Murray & Associates team after eight years of retirement. She is serving as a Recruitment Coordinator and brings over 30 years of experience from the residential real estate, state government, and life coaching industries. As a Recruitment Coordinator, Kathy partners closely with executive recruiters to provide support to candidates and clients throughout the recruitment process. She assists with scheduling, conducting background checks, creating marketing materials, and posting advertisements for open recruitments. Kathy returned to graduate school in 2015, earned her Master's degree and launched a private life - coaching practice. She is known for her outgoing personality, attention to detail and collaborative approach to successfully completing executive recruitments. In her free time, Kathy enjoys playing jazz piano, travel, boating, and playing with her poodle, "Rocky". STEPHANIE MARSHALL, RECRUITMENT COORDINATOR Stephanie serves as a Recruitment Coordinator with Bob Murray & Associates, partnering closely with executive recruiters to support clients and candidates through the recruitment process. She assists with scheduling interviews, creating marketing materials, posting advertisements, and conducting background checks, as well as many other administrative tasks that contribute to the success of each recruitment. Stephanie graduated with a Bachelor's degree in Anthropology and earned a Paralegal certification from the University of California, Davis. She's worked in various offices before her time at Bob Murray & Associates and is excited to assist in the hiring process. During her free time, Stephanie enjoys spending time with family, reading high fantasy novels, and being out on the water. Bob ,'\Iurra�• & Associates Proposal for the Cin- of San Rafael Page 14 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. Bob Murray & Associates Proposal for the Cite of San Rafael Page 15 CORPORATION 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. 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: California Special Districts Association — Member California City Management Foundation (CCMF) — Member International City/County Management Association (ICMA) — Member League of California Cities — League Partner League of Women in Government — Sponsor/Member Municipal Management Association of Northern California (MMANC) —Sponsor/Member 4 Municipal Management Association of Southern California (MMASC) —Sponsor/Member ♦ National Forum for Black Public Administrators (NFBPA) — Committee memberfor Marketing and 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 MMANC 2019 Conference Panel Bob'Murray & _associates Proposal for the Cit• of San Rafael Page 16 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 Davis, CA POSITION. Finance Director REFERENCE: Mr. Christopher Bensch, Human Resources Analyst (530) 757-5634 CLIENT.- City of Cotati, CA POSITION. Finance and Administrative Services Director REFERENCE: Mr. Damien O'Bid, City Manager (707) 665-3620 CLIENT.City of Milpitas, CA POSITION. Finance Manager REFERENCE: Ms. Liz Brown, Interim Human Resources Director (408) 586-3090 We appreciate the City of San Rafael's consideration of our proposal and look forward to working with you. BOB MURRAY & Assoc TEB EXPERTU ImexcCUTIVe SCARCH Bob �tunaY & Assl Iciates Proposal for the Citi- of San Rafael Page 17 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' 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 workers' 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 workers' 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) 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 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 Rev. 08.22 B- I ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' 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 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 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. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22. B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. 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 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 parry. 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 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 full 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 the CITY. 08.2.2 B-3 ,tx RAFq�� •, 2 fi y0 t �rY WITH ply 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: Human Resources Project Manager: Sylvia Gonzalez -Shelton Contractor Name: Bob Murray & Assoc Extension: 3391 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 Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 n/a ❑X 3/6/2023 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X 2 City Attorney a. Review, revise, and comment on draft agreement 3/7/2023 and return to Project Manager Click here to b. Confirm insurance requirements, create Job on enter a elate. PINS, send PINS insurance notice to contractor ❑X 3 Department Director Approval of final agreement form to send to Click or tap contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to 3/6/2023 ❑X SG contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A 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 Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 3/9/2023 SG Attorney with printed copy of this routing form 7 r City Attorney Review and approve hard copy of signed agreement�- 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorized 9 City Manager/ Mayor official 3 C ?, 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Managerozw r►