HomeMy WebLinkAboutCC Resolution 13067 (Recruit City Manager)RESOLUTION NO. 13067
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH BOB MURRAY & ASSOCIATES TO CONDUCT A
CITY MANAGER EXECUTIVE RECRUITMENT SEARCH
WHEREAS, the City Manager, Ken Nordhoff, is leaving the City effective
November 18, 2010; and
WHEREAS, as the Administrative Manager of the City, the City Manager position
must be filled as quickly and efficiently as possible.
NOW, THEREFORE LET IT BE RESOLVED THAT the City Council of the City
of San Rafael hereby authorize the City Manager and City Clerk to execute an
agreement with Bob Murray & Associates for an executive recruitment for City Manager,
a copy of which is hereby attached and by this reference made a part hereof.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of the City of San Rafael, held on Monday, the 18th of
October, 2010, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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Esther C. Beirne, City Clerk
AGREEMENT WITH BOB MURRAY & ASSOCIATES FOR A CITY
MANAGER EXECUTIVE RECRUITMENT SEARCH
This Agreement is made and entered into this October 18, 2010 by and between the CITY OF SAN
RAFAEL (hereinafter "CITY"), and BOB MURRAY & ASSOCIATES (hereinafter "CONTRACTOR").
AGREEMENT
NOW, TIIEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The Human Resources Director shall be the representative of the CITY for all purposes
under this Agreement and LESLIE LOOMIS, the HR 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall
responsibility for the progress and execution of this Agreement for CONTRACTOR. BOB MURRAY is hereby
designated as the PROJECT DIRECTOR for CONTRACTOR.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows:
A. Conduct an executive recruitment for a City Manager for the City of San Rafael to replace the
incumbent who will be leaving effective November 19, 2010. The services to be performed under this Agreement
shall follow the recruitment process as set forth in Exhibit A, which is by this reference incorporated herein and
made a part hereof as though it were fully set forth herein.
DUTIES OF CITY.
CITY staff and PROJECT MANAGER shall provide cooperation and information as reasonably required
to assist CONTRACTOR perform the services and duties required under this agreement and shall compensate
CONTRACTOR pursuant to the provisions of section 4, below.
4. COMPENSATION.
For the CONTRACTOR's full performance of the duties and services described herein, CITY shall pay
CONTRACTOR a professional services fee of approximately $16,250.00. In addition, the City shall be
responsible for reimbursing certain miscellaneous expenses (travel, advertising, background checks, clerical
support, etc.) expected to be $5,500. The total amount of this agreement, including reimbursable expenses, shall
not exceed $21,750.00.
Payment will be made upon receipt by PROJECT MANAGER of itemized invoices submitted by
CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be from the execution of this Agreement until CONTRACTOR's
completion of performance of all duties and services under this Agreement, or January 31, 2011, whichever is
earlier.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days
written notice mailed or personally delivered to the other party.
B. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional
obligations under any provision of this Agreement without the prior written consent of the other.
C. Return of Documents. Upon termination, any and all CITY documents or materials provided to
CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the
performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than
thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with the
performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property
for any purpose, including projects not contemplated by this Agreement.
ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance
of any of their respective obligations hereunder, without the prior written consent of the other party, and any
attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no
effect.
INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents,
employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind,
including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from
any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to the CITY,
an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of three
hundred thousand ($300,000.00) dollars per occurrence.
B. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's
liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary
to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and
employees.
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11. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race,
color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties
and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances,
codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR
shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations.
CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees
from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or
violation of any laws, ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third
party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.
14. NOTICES.
All notices and other communications required or permitted to be given under this Agreement, including
any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United
States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed
given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal
Service. Notice shall be given as follows:
TO CITY: Leslie Loomis, Human Resources Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Bob Murray, President
Bob Murray & Associates
1677 Eureka Road, Suite 202
Roseville, CA 95661
15. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and
employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY.
CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents
and employees be that of an Independent Contractor and not that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to
the subject matter of this Agreement. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, and no amendment or change to this Agreement, shall be valid or binding, except
by way of a written amendment to this Agreement signed by the CONTRACTOR and the CITY,
17. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this
Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant,
condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other tern,
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 tlus Agreement, shall not be deemed
to be a waiver of any preceding breach or violation by the other party of any tern, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
is COSI S AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or
arising out of the performance of this Agreement, may recover its reasonable costs (including claims
administration) and attorney's fees expended in connection with such action.
19. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS NAIIEREOF, the parties have executed this Agreement as of the day, month and year & sl
above written.
CITYjN�O�DHOFF,
N RAFAEL
k' C
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROB F. EPSTE , , City At rney
BOB 1\•IURRAY & ASSOCIATES
P
B01i MURRAYl P"'resident
Exhibit A
THE RECRUITMENT PROCESS
Bob Murray and Associates' unique and client oriented approach to executive search will
ensure that the City of San Rafael has quality candidates from which to select the new City
Manager. Outlined below are the key steps in our recruitment process.
STEP 1 DEVELOPING THE CANDIDATE PROFILE
Our understanding of the City of San Rafael's needs will be key to a successful search.
We will work with the City Council to learn as much as possible about the
organization's expectations for a new City Manager. We want to learn the values
and culture of the organization, as well as understand the current issues, challenges
and opportunities that face the City of San Rafael. We also want to know the City
Council's expectations regarding the knowledge, skills and abilities sought in the
ideal candidate and will work with the City to identify expectations regarding
education and experience. Additionally, we want to discuss expectations
regarding compensation and other items necessary to complete the successful
appointment of the ideal candidate. The profile we develop together at this
stage will drive subsequent recruitment efforts.
STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE
After gaining an understanding of the City of San Rafael's needs, we will design
an effective advertising campaign appropriate for the City Manager recruitment.
We will focus on professional journals that are specifically suited to the City
Manager search. We will also develop a professional recruitment brochure on
the City Council's behalf that will discuss the community, organization, position
and compensation in detail. Once completed, we will mail the profile to an
extensive audience, making them aware of the exciting opportunity with the City
of San Rafael.
STEP 3 RECRUITING CANDIDATES
After cross-referencing the profile of the ideal candidate with our database and
contacts in the field, we will conduct an aggressive outreach effort, including making
personal calls to prospective applicants, designed to identify and recruit outstanding
candidates. We recognize that the best candidate is often not looking for a new job
and this is the person we actively seek to convince to become a candidate.
Aggressively marketing the City Manager position to prospective candidates will be
essential to the success of the search.
City of San Rafael
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Exhibit A
STEP 4 SCREENING CANDIDATES
Following the closing date for the recruitment, we will screen the resumes we have received.
We will use the criteria established in our initial meetings as a basis upon which to narrow
the field of candidates.
STEP 5 PERSONAL INTERVIEWS
We will conduct personal interviews with the top 10 to 12 candidates with the goal of
determining which candidates have the greatest potential to succeed in your
organization. During the interviews we will explore each candidate's background
and experience as it relates to the City Manager position. In addition, we will
discuss the candidate's motivation for applying for the position and make an
assessment of 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 PUBLIC RECORD SEARCH
Following the interviews, we will conduct a review of published articles for each
candidate. Various sources will be consulted including Lexis-NexisTM, a
newspaper/magazine search engine, Google, and local papers for the
communities in which the candidates have worked. This alerts us to any farther
detailed inquiries we may need to make at this time.
STEP 7 RECOMMENDATION
Based on the information gathered through meetings with your organization,
and personal interviews with candidates, we will recommend a limited number of
candidates for your further consideration. We will prepare a detailed written
report on each candidate that focuses on the results of our interviews and public
record searches. We will make specific recommendations, but the final
determination of those to be considered will be up to you.
STEP 8 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 adopt
an approach that fits your needs, whether it is a traditional interview, multiple
interview panel or assessment center process. We will provide you with suggested
interview questions and rating forms and will be present at the interview/assessment
center to facilitate the process. Our expertise lies in facilitating the discussion that can
bring about a consensus regarding the final candidates.
City of San Rafael
Page 3
Exhibit A
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
manner in which the entire process is conducted will have an effect on the candidates'
perception of your organization.
STEP 9 BACKGROUND CHECKS /DETAILED REFERENCE CHECKS
Based on final interviews we will conduct credit, criminal, civil litigation and motor
vehicle record checks for the top one to three candidates. In addition, those candidates
will be the subjects of detailed, confidential reference checks. In order 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. We will ask candidates to forward the names of their supervisors,
subordinates and peers for the past several years. Additionally, we make a point of
speaking confidentially to individuals who we know have insight into a candidate's
abilities, but who may not be on his/her preferred list of contacts. At this stage in
the recruitment we will also verify candidates' degrees.
STEP 10 NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as
your representative during this process. We know what other organizations have
done to put deals together with great candidates and will be available to advise
you regarding current approaches to difficult issues such as housing and
relocation. We will represent your interests and advise you regarding salary,
benefits and employment agreements with the goal of putting together a deal
that results in the appointment of your chosen candidate. Most often we can
turn a very difficult aspect of the recruitment into one that is viewed positively by
both you and the candidate.
STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE
Throughout the recruitment we will provide the City Council with updates on the
status of the search. We will also take care of all administrative details on your
behalf. Candidates willreceive personal letters advising them of their status at each
critical point in the recruitment. In addition, we will respond to inquiries about the
status of their candidacy within twenty-four hours. Every administrative detail will
receive our attention. Often, candidates judge our clients based on how well these
details are handled.
City of San Rafael
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Exhibit A
BUDGET AND TIMING
PROFESSIONAL FEE AND EXPENSES
The consulting fee for conducting the City Manager recruitment on behalf of the City of
San Rafael is $16,250 plus expenses. Services provided for the fee consist of all steps
outlined in this proposal including three (3) days of meetings on site. The City of San
Rafael will be responsible for reimbursing expenses Bob Murray and Associates incurs
on your behalf. We estimate expenses for this project to be $5,500. Reimbursable
expenses include such items as the cost of travel, clerical support, placement of ads,
credit, criminal and civil checks, education verification, as well as newspaper
searches. In addition, postage, photocopying, and telephone charges will be
allocated.
TIMING
We are prepared to start work on this assignment immediately and anticipate
that we will be prepared to make our recommendation regarding finalists within
seventy five to ninety days from the start of the search.
GUARANTEE
We guarantee that should the selected candidate be terminated for cause within
the first year of employment we will conduct the search again at no cost (with
the exception of expenses) to the City of San Rafael. We are confident in our
ability to recruit outstanding candidates and do not expect the City of San
Rafael to find it necessary to exercise this provision of our proposal.
City of San Rafael
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