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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 - . 1&�'4 R'"e 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. 2 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 Page 2 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 Page 4 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 Page 5